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

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

1

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

2

117.44, 117.45, 119.035, 121.04, 121.08, 121.084,

3

121.41, 121.48, 121.62, 122.011, 122.04, 122.08,

4

122.17, 122.171, 122.25, 122.651, 122.658, 122.87,

5

122.88, 123.01, 124.03, 124.15, 124.152, 124.181,

6

125.15, 125.91, 125.92, 125.93, 125.95, 125.96,

7

125.98, 127.16, 131.02, 131.23, 131.35, 131.41,

8

145.38, 147.01, 147.37, 149.011, 149.30, 149.31,

9

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

10

153.65, 164.27, 165.09, 173.06, 173.061, 173.062,

11

173.07, 173.071, 173.14, 173.26, 173.54, 175.03,

12

175.21, 175.22, 183.02, 306.35, 306.99, 307.86,

13

307.87, 307.93, 307.98, 307.981, 307.987, 311.17,

14

317.32, 321.24, 323.01, 323.13, 325.31, 329.03,

15

329.04, 329.05, 329.051, 329.06, 340.021, 340.03,

16

341.05, 341.25, 504.03, 504.04, 505.376, 507.09,

17

511.12, 515.01, 515.07, 521.05, 715.013, 718.01,

18

718.02, 718.05, 718.11, 718.14, 718.15, 718.151,

19

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

20

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

21

927.69, 929.01, 955.51, 1309.109, 1317.07,

22

1321.21, 1333.99, 1337.11, 1346.02, 1501.04,

23

1503.05, 1513.05, 1515.08, 1519.05, 1521.06,

24

1521.063, 1531.26, 1533.08, 1533.10, 1533.101,

25

1533.11, 1533.111, 1533.112, 1533.13, 1533.151,

26

1533.19, 1533.23, 1533.301, 1533.32, 1533.35,

27

1533.40, 1533.54, 1533.631, 1533.632, 1533.71,

28

1533.82, 1541.10, 1563.42, 1702.59, 1711.13,

29

1711.15, 1711.17, 2101.16, 2117.06, 2117.25,

30

2133.01, 2151.352, 2151.3529, 2151.3530, 2151.83,

31

2151.84, 2152.19, 2301.58, 2305.234, 2329.07,

32

2329.66, 2505.13, 2715.041, 2715.045, 2716.13,

33

2743.02, 2743.60, 2915.01, 2915.02, 2915.08,

34

2915.09, 2915.091, 2915.092, 2915.093, 2915.10,

35

2915.101, 2915.13, 2917.41, 2921.13, 2923.35,

36

2925.44, 2929.38, 2933.43, 2935.01, 2935.36,

37

2949.091, 3111.04, 3119.01, 3121.01, 3123.952,

38

3125.12, 3301.0710, 3301.0711, 3301.0714, 3301.52,

39

3301.53, 3301.54, 3301.55, 3301.57, 3301.58,

40

3301.68, 3301.80, 3302.03, 3311.05, 3311.24,

41

3311.26, 3313.41, 3313.843, 3313.976, 3313.978,

42

3313.979, 3313.981, 3314.02, 3314.041, 3314.07,

43

3314.08, 3314.17, 3316.031, 3316.08, 3317.012,

44

3317.013, 3317.014, 3317.022, 3317.023, 3317.024,

45

3317.029, 3317.0217, 3317.03, 3317.032, 3317.05,

46

3317.064, 3317.07, 3317.09, 3317.10, 3317.15,

47

3317.16, 3318.01, 3318.03, 3318.042, 3318.05,

48

3318.06, 3318.08, 3318.30, 3318.31, 3318.37,

49

3318.41, 3319.01, 3319.02, 3319.03, 3319.07,

50

3319.19, 3319.22, 3319.33, 3319.36, 3323.16,

51

3327.01, 3327.011, 3329.06, 3329.08, 3332.04,

52

3333.12, 3353.11, 3361.01, 3375.41, 3377.01,

53

3377.06, 3383.01, 3383.07, 3501.18, 3501.30,

54

3503.10, 3505.01, 3505.061, 3505.08, 3505.10,

55

3517.092, 3701.02, 3701.021, 3701.022, 3701.024,

56

3701.141, 3701.145, 3701.342, 3701.82, 3701.83,

57

3701.881, 3701.99, 3702.31, 3702.529, 3702.53,

58

3702.532, 3702.54, 3702.544, 3702.55, 3702.60,

59

3702.61, 3702.68, 3702.74, 3705.01, 3705.23,

60

3705.24, 3709.09, 3710.05, 3710.07, 3711.021,

61

3721.02, 3721.121, 3721.19, 3721.51, 3721.56,

62

3722.151, 3733.43, 3733.45, 3734.02, 3734.05,

63

3734.12, 3734.123, 3734.124, 3734.18, 3734.28,

64

3734.42, 3734.44, 3734.46, 3734.57, 3735.27,

65

3735.67, 3735.671, 3737.01, 3737.02, 3737.03,

66

3737.21, 3737.22, 3737.65, 3737.71, 3737.81,

67

3737.82, 3737.83, 3737.84, 3737.85, 3737.86,

68

3737.88, 3737.881, 3737.882, 3737.883, 3737.89,

69

3737.91, 3737.92, 3737.98, 3741.14, 3743.57,

70

3743.75, 3745.04, 3745.11, 3745.14, 3745.40,

71

3746.02, 3746.13, 3747.16, 3748.07, 3748.13,

72

3769.087, 3770.07, 3770.10, 3770.12, 3770.99,

73

3773.33, 3773.43, 3781.07, 3781.19, 3901.491,

74

3901.501, 3901.72, 3901.86, 4104.01, 4104.02,

75

4104.04, 4104.06, 4104.07, 4104.08, 4104.15,

76

4104.18, 4104.19, 4104.20, 4104.41, 4104.44,

77

4104.45, 4104.46, 4105.17, 4112.15, 4115.10,

78

4117.02, 4117.14, 4123.27, 4123.41, 4141.04,

79

4141.09, 4141.23, 4301.03, 4301.19, 4303.02,

80

4303.021, 4303.03, 4303.04, 4303.05, 4303.06,

81

4303.07, 4303.08, 4303.09, 4303.10, 4303.11,

82

4303.12, 4303.121, 4303.13, 4303.14, 4303.141,

83

4303.15, 4303.151, 4303.16, 4303.17, 4303.171,

84

4303.18, 4303.181, 4303.182, 4303.183, 4303.184,

85

4303.19, 4303.20, 4303.201, 4303.202, 4303.203,

86

4303.204, 4303.21, 4303.22, 4303.23, 4303.231,

87

4501.06, 4503.101, 4503.103, 4505.06, 4506.14,

88

4506.15, 4506.16, 4506.20, 4506.24, 4508.08,

89

4509.60, 4511.33, 4511.62, 4511.63, 4519.55,

90

4707.071, 4707.072, 4707.10, 4709.12, 4717.07,

91

4717.09, 4719.01, 4723.01, 4723.06, 4723.07,

92

4723.08, 4723.082, 4723.17, 4723.271, 4723.34,

93

4723.35, 4723.431, 4723.63, 4729.01, 4729.41,

94

4731.27, 4731.65, 4731.71, 4734.15, 4736.12,

95

4743.05, 4747.05, 4747.06, 4747.07, 4747.10,

96

4749.01, 4749.02, 4749.03, 4749.04, 4749.05,

97

4749.06, 4749.07, 4749.08, 4749.10, 4749.11,

98

4749.12, 4749.13, 4749.14, 4751.06, 4751.07,

99

4755.03, 4759.08, 4771.22, 4779.08, 4779.17,

100

4779.18, 4903.24, 4905.79, 4905.91, 4919.79,

101

4928.62, 4928.63, 4931.45, 4931.47, 4931.48,

102

4973.17, 4981.20, 5101.11, 5101.14, 5101.141,

103

5101.142, 5101.144, 5101.145, 5101.146, 5101.16,

104

5101.162, 5101.18, 5101.181, 5101.21, 5101.211,

105

5101.212, 5101.22, 5101.24, 5101.26, 5101.27,

106

5101.28, 5101.35, 5101.36, 5101.58, 5101.59,

107

5101.75, 5101.80, 5101.83, 5101.97, 5103.031,

108

5103.033, 5103.034, 5103.036, 5103.037, 5103.038,

109

5103.0312, 5103.0313, 5103.0314, 5103.0315,

110

5103.0316, 5103.154, 5104.01, 5104.011, 5104.02,

111

5104.04, 5104.30, 5104.32, 5107.02, 5107.30,

112

5107.37, 5107.40, 5107.60, 5108.01, 5108.03,

113

5108.06, 5108.07, 5108.09, 5108.10, 5111.0112,

114

5111.02, 5111.021, 5111.022, 5111.03, 5111.06,

115

5111.082, 5111.111, 5111.17, 5111.171, 5111.20,

116

5111.21, 5111.22, 5111.25, 5111.251, 5111.252,

117

5111.28, 5111.29, 5111.30, 5111.31, 5111.34,

118

5111.85, 5111.87, 5111.871, 5111.872, 5111.873,

119

5111.92, 5111.94, 5112.03, 5112.08, 5112.17,

120

5112.31, 5112.99, 5115.01, 5115.02, 5115.03,

121

5115.04, 5115.05, 5115.07, 5115.10, 5115.11,

122

5115.13, 5115.15, 5115.20, 5119.61, 5119.611,

123

5120.52, 5123.01, 5123.051, 5123.19, 5123.60,

124

5123.801, 5126.01, 5126.042, 5126.11, 5126.12,

125

5126.121, 5126.15, 5126.18, 5126.44, 5139.01,

126

5139.04, 5139.33, 5139.34, 5139.36, 5139.41,

127

5139.43, 5139.87, 5153.122, 5153.16, 5153.163,

128

5153.60, 5153.69, 5153.72, 5153.78, 5301.68,

129

5301.691, 5310.15, 5502.01, 5502.13, 5549.21,

130

5703.052, 5705.39, 5705.41, 5705.412, 5709.20,

131

5709.21, 5709.22, 5709.25, 5709.26, 5709.27,

132

5709.61, 5709.62, 5709.63, 5709.632, 5709.64,

133

5711.02, 5711.13, 5711.18, 5711.22, 5711.27,

134

5711.33, 5713.07, 5713.08, 5713.081, 5713.082,

135

5713.30, 5715.27, 5715.39, 5717.03, 5719.07,

136

5727.111, 5727.30, 5727.32, 5727.33, 5727.56,

137

5727.84, 5728.04, 5728.06, 5728.99, 5733.04,

138

5733.05, 5733.051, 5733.056, 5733.059, 5733.06,

139

5733.0611, 5733.09, 5733.121, 5733.18, 5733.22,

140

5733.45, 5733.98, 5735.05, 5735.14, 5735.142,

141

5735.15, 5735.19, 5735.23, 5735.26, 5735.291,

142

5735.30, 5735.99, 5739.01, 5739.011, 5739.012,

143

5739.02, 5739.021, 5739.022, 5739.023, 5739.025,

144

5739.026, 5739.03, 5739.032, 5739.033, 5739.10,

145

5739.12, 5739.121, 5739.122, 5739.17, 5739.21,

146

5739.33, 5741.01, 5741.02, 5741.021, 5741.022,

147

5741.023, 5741.121, 5743.05, 5743.21, 5743.45,

148

5745.01, 5745.02, 5745.04, 5747.02, 5747.12,

149

5747.31, 5901.021, 6101.09, 6103.02, 6109.21,

150

6111.06, 6115.09, 6117.02, 6119.06, 6119.10,

151

6301.05, and 6301.07; to amend, for the purpose of

152

adopting new section numbers as indicated in

153

parentheses, sections 3301.33 (3301.40), 3701.145

154

(3701.0210), 4104.46 (4104.48), 5101.211

155

(5101.214), 5101.212 (5101.215), 5108.06

156

(5108.04), 5108.07 (5108.05), 5111.08 (5111.071),

157

5111.16 (5111.08), 5111.252 (5123.199), 5115.02

158

(5115.04), 5115.04 (5115.02), 5115.07 (5115.06),

159

5115.13 (5115.07), and 5115.15 (5115.23); to enact

160

new sections 718.03, 3301.31, 3301.33, 3317.11,

161

3318.052, 4104.42, 4104.43, 4104.46, 5101.211,

162

5101.212, 5101.213, 5108.06, 5108.07, 5111.16,

163

5111.173, 5115.13, 5709.211, 5709.23, 5709.24, and

164

5739.034 and sections 9.24, 107.12, 107.31,

165

107.32, 107.33, 121.36, 121.482, 122.041, 122.90,

166

123.152, 124.183, 125.073, 145.381, 153.691,

167

173.08, 317.36, 319.63, 511.181, 718.021, 718.051,

168

718.121, 901.85, 927.701, 1346.04, 1346.05,

169

1346.06, 1346.07, 1346.08, 1346.09, 1346.10,

170

1501.25, 1711.131, 2113.041, 2117.061, 3301.34,

171

3301.35, 3301.36, 3301.37, 3301.38, 3511.059,

172

3314.033, 3314.083, 3318.024, 3333.16, 3333.38,

173

3333.50, 3379.11, 3501.011, 3701.029, 3701.61,

174

3702.63, 3721.561, 3741.15, 3770.073, 3781.071,

175

3781.072, 3781.22, 4104.47, 4115.21, 4141.201,

176

4511.198, 4707.24, 4723.063, 4723.81, 4723.82,

177

4723.83, 4723.84, 4723.85, 4723.86, 4723.87,

178

4723.88, 4755.031, 5101.12, 5101.1410, 5101.20,

179

5101.201, 5101.216, 5101.221, 5101.222, 5101.241,

180

5101.242, 5101.243, 5101.271, 5103.155, 5108.11,

181

5108.12, 5111.0113, 5111.025, 5111.151, 5111.161,

182

5111.172, 5111.174, 5111.175, 5111.206, 5111.222,

183

5111.65, 5111.66, 5111.661, 5111.67, 5111.671,

184

5111.672, 5111.673, 5111.674, 5111.675, 5111.676,

185

5111.677, 5111.68, 5111.681, 5111.682, 5111.683,

186

5111.684, 5111.685, 5111.686, 5111.687, 5111.688,

187

5111.689, 5111.6810, 5111.911, 5111.912, 5111.913,

188

5111.95, 5111.96, 5111.97, 5115.12, 5115.14,

189

5115.22, 5123.196, 5123.198, 5123.1910, 5123.38,

190

5123.851, 5126.058, 5139.44, 5502.03, 5703.56,

191

5703.57, 5703.58, 5703.80, 5709.201, 5709.212,

192

5717.011, 5733.0511, 5733.55, 5733.56, 5733.57,

193

5735.053, 5741.25, 5743.051, and 5747.026; and to

194

repeal sections 122.12, 125.931, 125.932, 125.933,

195

125.934, 125.935, 131.38, 179.01, 179.02, 179.03,

196

179.04, 319.311, 504.21, 718.03, 1333.96, 1533.06,

197

1533.39, 1553.01, 1553.02, 1553.03, 1553.04,

198

1553.05, 1553.06, 1553.07, 1553.08, 1553.09,

199

1553.10, 1553.99, 2305.26, 3301.078, 3301.0719,

200

3301.0724, 3301.31, 3301.581, 3313.82, 3313.83,

201

3313.94, 3317.11, 3318.033, 3318.052, 3318.35,

202

3319.06, 3319.34, 3701.142, 3701.144, 3702.543,

203

3702.581, 4104.42, 4104.43, 4141.044, 4141.045,

204

5101.213, 5101.251, 5108.05, 5111.017, 5111.173,

205

5115.011, 5115.012, 5115.06, 5115.061, 5139.42,

206

5139.45, 5709.211, 5709.23, 5709.231, 5709.24,

207

5709.30, 5709.31, 5709.32, 5709.33, 5709.34,

208

5709.35, 5709.36, 5709.37, 5709.45, 5709.46,

209

5709.47, 5709.48, 5709.49, 5709.50, 5709.51,

210

5709.52, 5727.39, 5727.44, 5733.111, 5735.33,

211

5739.034, 5739.35, 5741.011, 5741.24, 5743.46,

212

5747.131, 5747.60, 6111.31, 6111.311, 6111.32,

213

6111.34, 6111.35, 6111.36, 6111.37, 6111.38, and

214

6111.39 of the Revised Code; to amend Sections 11

215

and 11.04 of Am. Sub. H.B. 87 of the 125th General

216

Assembly; to amend Section 13.05 of Am. Sub. H.B.

217

87 of the 125th General Assembly; to amend

218

Sections 1.09 and 35.03 of H.B. 675 of the 124th

219

General Assembly; to amend Sections 18.03, 18.04,

220

19.39, and 19.52 of H.B. 675 of the 124th General

221

Assembly; to amend Section 24.43 of Am. Sub. H.B.

222

524 of the 124th General Assembly; to amend

223

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

224

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

225

Sub. S.B. 143 of the 124th General Assembly; to

226

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

227

General Assembly, as subsequently amended; to

228

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

229

General Assembly, as subsequently amended; to

230

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

231

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

232

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

233

subsequently amended; to amend Section 27 of Sub

234

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

235

subsequently amended; to amend Section 5 of Am.

236

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

237

subsequently amended; to amend Section 2 of Am.

238

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

239

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

240

General Assembly; to repeal Section 63.37 of Am.

241

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

242

subsequently amended; to repeal Section 129 of Am.

243

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

244

subsequently amended; to repeal Section 3 of Am.

245

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

246

subsequently amended; to repeal Section 72 of Am.

247

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

248

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

249

121st General Assembly, as subsequently amended;

250

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

251

123rd General Assembly; to levy taxes and provide

252

for implementation of those levies, to make

253

operating appropriations for the biennium

254

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

255

and to provide authorization and conditions for

256

the operation of state programs; to amend the

257

version of section 921.22 of the Revised Code that

258

is scheduled to take effect July 1, 2004, to

259

continue the provisions of this act on and after

260

that effective date; to amend the version of

261

section 2305.234 of the Revised Code that is

262

scheduled to take effect January 1, 2004, to

263

continue the provisions of this act on and after

264

that effective date; to amend the version of

265

section 3332.04 of the Revised Code that is

266

scheduled to take effect July 1, 2003; to amend

267

the version of section 3734.44 of the Revised Code

268

that is scheduled to take effect January 1, 2004,

269

to continue the provisions of this act on and

270

after that effective date; to amend the versions

271

of sections 307.93, 2152.19, 2929.38, 4506.14,

272

4506.15, 4506.16, 4506.20, 4511.33, 4511.62,

273

4511.63, and 4511.75 of the Revised Code that are

274

scheduled to take effect January 1, 2004; to amend

275

the version of section 5101.28 of the Revised Code

276

that is scheduled to take effect January 1, 2004,

277

to continue the provisions of this act on and

278

after that effective date; to amend the version of

279

section 5743.45 of the Revised Code that is

280

scheduled to take effect January 1, 2004, to

281

continue the provisions of this act on and after

282

that effective date; to amend the version of

283

section 5739.033 of the Revised Code as it results

284

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

285

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

286

General Assembly; to terminate certain provisions

287

of this act on December 31, 2013, by repealing

288

section 4723.063 of the Revised Code on that date;

289

and to terminate certain provisions of this act on

290

October 1, 2005, by repealing section 5111.161 of

291

the Revised Code on that date.

292

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,	293
102.02, 109.57, 109.572, 109.71, 117.101, 117.16, 117.44, 117.45,	294
119.035, 121.04, 121.08, 121.084, 121.41, 121.48, 121.62, 122.011,	295
122.04, 122.08, 122.17, 122.171, 122.25, 122.651, 122.658, 122.87,	296
122.88, 123.01, 124.03, 124.15, 124.152, 124.181, 125.15, 125.91,	297
125.92, 125.93, 125.95, 125.96, 125.98, 127.16, 131.02, 131.23,	298
131.35, 145.38, 147.01, 147.37, 149.011, 149.30, 149.31, 149.33,	299
149.331, 149.332, 149.333, 149.34, 149.35, 153.65, 164.27, 165.09,	300
173.06, 173.061, 173.062, 173.07, 173.071, 173.14, 173.26, 173.54,	301
175.03, 175.21, 175.22, 183.02, 306.35, 306.99, 307.86, 307.87,	302
307.93, 307.98, 307.981, 307.987, 311.17, 317.32, 321.24, 323.01,	303
323.13, 325.31, 329.03, 329.04, 329.05, 329.051, 329.06, 340.021,	304
340.03, 341.05, 341.25, 504.03, 504.04, 505.376, 507.09, 511.12,	305
515.01, 515.07, 521.05, 715.013, 718.01, 718.02, 718.05, 718.11,	306
718.14, 718.15, 718.151, 731.14, 731.141, 735.05, 737.03, 753.22,	307
901.17, 901.21, 901.22, 901.63, 902.11, 921.151, 927.53, 927.69,	308
929.01, 955.51, 1309.109, 1317.07, 1321.21, 1333.99, 1337.11,	309
1346.02, 1501.04, 1503.05, 1513.05, 1515.08, 1519.05, 1521.06,	310
1521.063, 1531.26, 1533.08, 1533.10, 1533.101, 1533.11, 1533.111,	311
1533.112, 1533.13, 1533.151, 1533.19, 1533.23, 1533.301, 1533.32,	312
1533.35, 1533.40, 1533.54, 1533.631, 1533.632, 1533.71, 1533.82,	313
1541.10, 1563.42, 1702.59, 1711.13, 1711.15, 1711.17, 2101.16,	314
2117.06, 2117.25, 2133.01, 2151.352, 2151.3529, 2151.3530,	315
2151.83, 2151.84, 2152.19, 2301.58, 2305.234, 2329.07, 2329.66,	316
2505.13, 2715.041, 2715.045, 2716.13, 2743.02, 2743.60, 2915.01,	317
2915.02, 2915.08, 2915.09, 2915.091, 2915.092, 2915.093, 2915.10,	318
2915.101, 2915.13, 2917.41, 2921.13, 2923.35, 2925.44, 2929.38,	319
2933.43, 2935.01, 2935.36, 2949.091, 3111.04, 3119.01, 3121.01,	320
3123.952, 3125.12, 3301.0710, 3301.0711, 3301.0714, 3301.52,	321
3301.53, 3301.54, 3301.55, 3301.57, 3301.58, 3301.68, 3301.80,	322
3302.03, 3311.05, 3311.24, 3311.26, 3313.41, 3313.843, 3313.976,	323
3313.978, 3313.979, 3313.981, 3314.02, 3314.041, 3314.07, 3314.08,	324
3314.17, 3316.031, 3316.08, 3317.012, 3317.013, 3317.014,	325
3317.022, 3317.023, 3317.024, 3317.029, 3317.0217, 3317.03,	326
3317.032, 3317.05, 3317.064, 3317.07, 3317.09, 3317.10, 3317.15,	327
3317.16, 3318.01, 3318.03, 3318.042, 3318.05, 3318.06, 3318.08,	328
3318.30, 3318.31, 3318.37, 3318.41, 3319.01, 3319.02, 3319.03,	329
3319.07, 3319.19, 3319.22, 3319.33, 3319.36, 3323.16, 3327.01,	330
3327.011, 3329.06, 3329.08, 3332.04, 3333.12, 3353.11, 3361.01,	331
3375.41, 3377.01, 3377.06, 3383.01, 3383.07, 3501.18, 3501.30,	332
3503.10, 3505.01, 3505.061, 3505.08, 3505.10, 3517.092, 3701.02,	333
3701.021, 3701.022, 3701.024, 3701.141, 3701.145, 3701.342,	334
3701.82, 3701.83, 3701.881, 3701.99, 3702.31, 3702.529, 3702.53,	335
3702.532, 3702.54, 3702.544, 3702.55, 3702.60, 3702.61, 3702.68,	336
3702.74, 3705.01, 3705.23, 3705.24, 3709.09, 3710.05, 3710.07,	337
3711.021, 3721.02, 3721.121, 3721.19, 3721.51, 3721.56, 3722.151,	338
3733.43, 3733.45, 3734.02, 3734.05, 3734.12, 3734.123, 3734.124,	339
3734.18, 3734.28, 3734.42, 3734.44, 3734.46, 3734.57, 3735.27,	340
3735.67, 3735.671, 3737.01, 3737.02, 3737.03, 3737.21, 3737.22,	341
3737.65, 3737.71, 3737.81, 3737.82, 3737.83, 3737.84, 3737.85,	342
3737.86, 3737.88, 3737.881, 3737.882, 3737.883, 3737.89, 3737.91,	343
3737.92, 3737.98, 3741.14, 3743.57, 3743.75, 3745.04, 3745.11,	344
3745.14, 3745.40, 3746.02, 3746.13, 3747.16, 3748.07, 3748.13,	345
3769.087, 3770.07, 3770.10, 3770.12, 3770.99, 3773.33, 3773.43,	346
3781.07, 3781.19, 3901.491, 3901.501, 3901.72, 3901.86, 4104.01,	347
4104.02, 4104.04, 4104.06, 4104.07, 4104.08, 4104.15, 4104.18,	348
4104.19, 4104.20, 4104.41, 4104.44, 4104.45, 4104.46, 4105.17,	349
4112.15, 4115.10, 4117.02, 4117.14, 4123.27, 4123.41, 4141.04,	350
4141.09, 4141.23, 4301.03, 4301.19, 4303.02, 4303.021, 4303.03,	351
4303.04, 4303.05, 4303.06, 4303.07, 4303.08, 4303.09, 4303.10,	352
4303.11, 4303.12, 4303.121, 4303.13, 4303.14, 4303.141, 4303.15,	353
4303.151, 4303.16, 4303.17, 4303.171, 4303.18, 4303.181, 4303.182,	354
4303.183, 4303.184, 4303.19, 4303.20, 4303.201, 4303.202,	355
4303.203, 4303.204, 4303.21, 4303.22, 4303.23, 4303.231, 4501.06,	356
4503.101, 4503.103, 4505.06, 4506.14, 4506.15, 4506.16, 4506.20,	357
4506.24, 4508.08, 4509.60, 4511.33, 4511.62, 4511.63, 4519.55,	358
4707.071, 4707.072, 4707.10, 4709.12, 4717.07, 4717.09, 4719.01,	359
4723.01, 4723.06, 4723.07, 4723.08, 4723.082, 4723.17, 4723.271,	360
4723.34, 4723.35, 4723.431, 4723.63, 4729.01, 4729.41, 4731.27,	361
4731.65, 4731.71, 4734.15, 4736.12, 4743.05, 4747.05, 4747.06,	362
4747.07, 4747.10, 4749.01, 4749.02, 4749.03, 4749.04, 4749.05,	363
4749.06, 4749.07, 4749.08, 4749.10, 4749.11, 4749.12, 4749.13,	364
4749.14, 4751.06, 4751.07, 4755.03, 4759.08, 4771.22, 4779.08,	365
4779.17, 4779.18, 4903.24, 4905.79, 4905.91, 4919.79, 4928.62,	366
4928.63, 4931.45, 4931.47, 4931.48, 4973.17, 4981.20, 5101.11,	367
5101.14, 5101.141, 5101.142, 5101.144, 5101.145, 5101.146,	368
5101.16, 5101.162, 5101.18, 5101.181, 5101.21, 5101.211, 5101.212,	369
5101.22, 5101.24, 5101.26, 5101.27, 5101.28, 5101.35, 5101.36,	370
5101.58, 5101.59, 5101.75, 5101.80, 5101.83, 5101.97, 5103.031,	371
5103.033, 5103.034, 5103.036, 5103.037, 5103.038, 5103.0312,	372
5103.0313, 5103.0314, 5103.0315, 5103.0316, 5103.154, 5104.01,	373
5104.011, 5104.02, 5104.04, 5104.30, 5104.32, 5107.02, 5107.30,	374
5107.37, 5107.40, 5107.60, 5108.01, 5108.03, 5108.06, 5108.07,	375
5108.09, 5108.10, 5111.0112, 5111.02, 5111.021, 5111.022,	376
5111.03, 5111.06, 5111.082, 5111.111, 5111.17, 5111.171, 5111.20,	377
5111.21, 5111.22, 5111.25, 5111.251, 5111.252, 5111.28, 5111.29,	378
5111.30, 5111.31, 5111.34, 5111.85, 5111.87, 5111.871, 5111.872,	379
5111.873, 5111.92, 5111.94, 5112.03, 5112.08, 5112.17, 5112.31,	380
5112.99, 5115.01, 5115.02, 5115.03, 5115.04, 5115.05, 5115.07,	381
5115.10, 5115.11, 5115.13, 5115.15, 5115.20, 5119.61, 5119.611,	382
5120.52, 5123.01, 5123.051, 5123.19, 5123.60, 5123.801, 5126.01,	383
5126.042, 5126.11, 5126.12, 5126.121, 5126.15, 5126.18, 5126.44,	384
5139.04, 5139.04, 5139.33, 5139.34, 5139.36, 5139.41, 5139.43,	385
5139.87, 5153.122, 5153.16, 5153.163, 5153.60, 5153.69, 5153.72,	386
5153.78, 5301.68, 5301.691, 5310.15, 5502.01, 5502.13, 5549.21,	387
5703.052, 5705.39, 5705.41, 5705.412, 5709.20, 5709.21, 5709.22,	388
5709.25, 5709.26, 5709.27, 5709.61, 5709.62, 5709.63, 5709.632,	389
5709.64, 5711.02, 5711.13, 5711.18, 5711.22, 5711.27, 5711.33,	390
5713.07, 5713.08, 5713.081, 5713.082, 5713.30, 5715.27, 5715.39,	391
5717.03, 5719.07, 5727.111, 5727.30, 5727.32, 5727.33, 5727.56,	392
5727.84, 5728.04, 5728.06, 5728.99, 5733.04, 5733.05, 5733.051,	393
5733.056, 5733.059, 5733.06, 5733.0611, 5733.09, 5733.121,	394
5733.18, 5733.22, 5733.45, 5733.98, 5735.05, 5735.14, 5735.142,	395
5735.15, 5735.19, 5735.23, 5735.26, 5735.291, 5735.30, 5735.99,	396
5739.01, 5739.011, 5739.012, 5739.02, 5739.021, 5739.022,	397
5739.023, 5739.025, 5739.026, 5739.03, 5739.032, 5739.033,	398
5739.10, 5739.12, 5739.121, 5739.122, 5739.17, 5739.21, 5739.33,	399
5741.01, 5741.02, 5741.021, 5741.022, 5741.023, 5741.121, 5743.05,	400
5743.21, 5743.45, 5745.01, 5745.02, 5745.04, 5747.02, 5747.12,	401
5747.31, 5901.021, 6101.09, 6103.02, 6109.21, 6111.06, 6115.09,	402
6117.02, 6119.06, 6119.10, 6301.05, and 6301.07 be amended; that	403
sections 3301.33 (3301.40), 3701.145 (3701.0210), 4104.46	404
(4104.48), 5101.211 (5101.214), 5101.212 (5101.215), 5108.06	405
(5108.04), 5108.07 (5108.05), 5111.08 (5111.071), 5111.16	406
(5111.08), 5111.252 (5123.199), 5115.02 (5115.04), 5115.04	407
(5115.02), 5115.07 (5115.06), 5115.13 (5115.07), and 5115.15	408
(5115.23) be amended for the purpose of adopting new section	409
numbers as indicated in parentheses; and that new sections 718.03,	410
3301.31, 3301.33, 3317.11, 3318.052, 4104.42, 4104.43, 4104.46,	411
5101.211, 5101.212, 5101.213, 5108.06, 5108.07, 5111.16, 5111.173,	412
5115.13, 5709.211, 5709.23, 5709.24, and 5739.034 and sections	413
9.24, 107.12, 107.31, 107.32, 107.33, 121.36, 121.482, 122.041,	414
122.90, 123.152, 124.183, 125.073, 131.41, 145.381, 153.691,	415
173.08, 317.36, 319.63, 511.181, 718.021, 718.051, 718.121,	416
901.85, 927.701, 1346.04, 1346.05, 1346.06, 1346.07, 1346.08,	417
1346.09, 1346.10, 1501.25, 1711.131, 2113.041, 2117.061, 3301.34,	418
3301.35, 3301.36, 3301.37, 3301.38, 3311.059, 3314.033, 3314.083,	419
3318.024, 3333.16, 3333.38, 3333.50, 3379.11, 3501.011, 3701.029,	420
3701.61, 3702.63, 3721.561, 3741.15, 3770.073, 3781.071, 3781.072,	421
3781.22, 4104.47, 4115.21, 4141.201, 4511.198, 4707.24, 4723.063,	422
4723.81, 4723.82, 4723.83, 4723.84, 4723.85, 4723.86, 4723.87,	423
4723.88, 4755.031, 5101.12, 5101.1410, 5101.20, 5101.201,	424
5101.216, 5101.221, 5101.222, 5101.241, 5101.242, 5101.243,	425
5101.271, 5103.155, 5108.11, 5108.12, 5111.0113, 5111.025,	426
5111.151, 5111.161, 5111.172, 5111.174, 5111.175, 5111.206,	427
5111.222, 5111.65, 5111.66, 5111.661, 5111.67, 5111.671, 5111.672,	428
5111.673, 5111.674, 5111.675, 5111.676, 5111.677, 5111.68,	429
5111.681, 5111.682, 5111.683, 5111.684, 5111.685, 5111.686,	430
5111.687, 5111.688, 5111.689, 5111.6810, 5111.911, 5111.912,	431
5111.913, 5111.95, 5111.96, 5111.97, 5115.12, 5115.14, 5115.22,	432
5123.196, 5123.198, 5123.1910, 5123.38, 5123.851, 5126.058,	433
5139.44, 5502.03, 5703.56, 5703.57, 5703.58, 5703.80, 5709.201,	434
5709.212, 5717.011, 5733.0511, 5733.55, 5733.56, 5733.57,	435
5735.053, 5741.25, 5743.051, and 5747.026 of the Revised Code be	436
enacted to read as follows:	437

Sec. 9.01.  When any officer, office, court, commission,	438
board, institution, department, agent, or employee of the state,	439
or of a county, or of any other political subdivision, who is	440
charged with the duty or authorized or required by law to record,	441
preserve, keep, maintain, or file any record, document, plat,	442
court file, paper, or instrument in writing, or to make or furnish	443
copies of any thereofof them, deems it necessary or advisable,	444
when recording any such document, plat, court file, paper, or	445
instrument in writing, or when making a copy or reproduction of	446
any thereofof them or of any such record, for the purpose of	447
recording or copying, preserving, and protecting the samethem,	448
reducing space required for storage, or any similar purpose, to do	449
so by means of any photostatic, photographic, miniature	450
photographic, film, microfilm, or microphotographic process, or	451
perforated tape, magnetic tape, other magnetic means, electronic	452
data processing, machine readable means, or graphic or video	453
display, or any combination thereofof those processes, means, or	454
displays, which correctly and accurately copies, records, or	455
reproduces, or provides a medium of copying, recording, or	456
reproducing, the original record, document, plat, court file,	457
paper, or instrument in writing, such use of any such photographic	458
or electromagneticof those processes, means, or displays for any	459
such purpose, is hereby authorized. Any such records, copies, or	460
reproductions may be made in duplicate, and suchthe duplicates	461
shall be stored in different buildings. The film or paper used for	462
thisa process shall comply with the minimum standards of quality	463
approved for permanent photographic records by the national bureau	464
of standards. All such records, copies, or reproductions shall	465
carry a certificate of authenticity and completeness, on a form	466
specified by the director of administrative services through the	467
state records administratorprogram.	468

Any such officer, office, court, commission, board,	469
institution, department, agent, or employee of the state, of a	470
county, or of any other political subdivision may purchase or rent	471
required equipment for any such photographic process and may enter	472
into contracts with private concerns or other governmental	473
agencies for the development of film and the making of	474
reproductions thereofof film as a part of any such photographic	475
process. When so recorded, or copied or reproduced to reduce space	476
required for storage or filing of such records, saidsuch	477
photographs, microphotographs, microfilms, perforated tape,	478
magnetic tape, other magnetic means, electronic data processing,	479
machine readable means, graphic or video display, or any	480
combination thereofof these processes, means, or displays, or	481
films, or prints made therefrom, when properly identified by the	482
officer by whom or under whose supervision the samethey were	483
made, or who has thetheir custody thereof, have the same effect	484
at law as the original record or of a record made by any other	485
legally authorized means, and may be offered in like manner and	486
shall be received in evidence in any court where suchthe original	487
record, or record made by other legally authorized means, could	488
have been so introduced and received. Certified or authenticated	489
copies or prints of such photographs, microphotographs, films,	490
microfilms, perforated tape, magnetic tape, other magnetic means,	491
electronic data processing, machine readable means, graphic or	492
video display, or any combination thereofof these processes,	493
means, or displays, shall be admitted in evidence equally with the	494
original photographs, microphotographs, films, or microfilms.	495

Such photographs, microphotographs, microfilms, or films	496
shall be placed and kept in conveniently accessible, fireproof,	497
and insulated files, cabinets, or containers, and provisions shall	498
be made for preserving, safekeeping, using, examining, exhibiting,	499
projecting, and enlarging the samethem whenever requested, during	500
office hours.	501

All persons utilizing the methods described in this section	502
for keeping records and information shall keep and make readily	503
available to the public the machines and equipment necessary to	504
reproduce the records and information in a readable form.	505

Sec. 9.24. (A) No state agency and no political subdivision	506
shall award a contract for goods, services, or construction, paid	507
for in whole or in part with state funds, to a person against whom	508
a finding for recovery has been issued by the auditor of state, if	509
the finding for recovery is unresolved.	510

(B) For purposes of this section, a finding for recovery is	511
unresolved unless one of the following criteria applies:	512

(1) The money identified in the finding for recovery is paid	513
in full to the state agency or political subdivision to whom the	514
money was owed;	515

(2) The debtor has entered into a repayment plan that is	516
approved by the attorney general and the state agency or political	517
subdivision to whom the money identified in the finding for	518
recovery is owed. A repayment plan may include a provision	519
permitting a state agency or political subdivision to withhold	520
payment to a debtor for goods, services, or construction provided	521
to or for the state agency or political subdivision pursuant to a	522
contract that is entered into with the debtor after the date the	523
finding for recovery was issued.	524

(3) The attorney general waives a repayment plan described in	525
division (B)(2) of this section for good cause;	526

(4) The debtor and state agency or political subdivision to	527
whom the money identified in the finding for recovery is owed have	528
agreed to a payment plan established through an enforceable	529
settlement agreement.	530

(5) The state agency or political subdivision desiring to	531
enter into a contract with a debtor certifies, and the attorney	532
general concurs, that all of the following are true:	533

(a) Essential services the state agency or political	534
subdivision is seeking to obtain from the debtor cannot be	535
provided by any other person besides the debtor;	536

(b) Awarding a contract to the debtor for the essential	537
services described in division (B)(5)(a) is in the best interest	538
of the state;	539

(c) Good faith efforts have been made to collect the money	540
identified in the finding of recovery.	541

(C) The attorney general shall submit an initial report to	542
the auditor of state, not later than December 1, 2003, indicating	543
the status of collection for all findings for recovery issued by	544
the auditor of state for calendar years 2001, 2002, and 2003.	545
Beginning on January 1, 2004, the attorney general shall submit to	546
the auditor of state, on the first day of the month, a list of all	547
findings for recovery that have been resolved in accordance with	548
division (B) of this section during the month preceding the	549
submission of the list and a description of the means of	550
resolution.	551

(D) The auditor of state shall maintain a database,	552
accessible to the public, listing persons against whom an	553
unresolved finding for recovery has been issued, and the amount of	554
the money identified in the unresolved finding for recovery. The	555
auditor of state shall have this database operational on or before	556
January 1, 2004. The initial database shall contain the	557
information required under this division for calendar years 2001,	558
2002, and 2003.	559

Beginning January 15, 2004, the auditor of state shall update	560
the database by the fifteenth day of each month to reflect	561
resolved findings for recovery that are reported to the auditor of	562
state by the attorney general on the first day of that same month	563
pursuant to division (C) of this section.	564

(E) Before awarding a contract for goods, services, or	565
construction, paid for in whole or in part with state funds, a	566
state agency or political subdivision shall verify that the person	567
to whom the state agency or political subdivision plans to award	568
the contract does not appear in the database described in division	569
(C) of this section.	570

(F) As used in this section:

571

(1) "State agency" has the same meaning as in section 9.66 of	572
the Revised Code.	573

(2) "Finding for recovery" means a determination issued by	574
the auditor of state, contained in a report the auditor of state	575
gives to the attorney general pursuant to section 117.28 of the	576
Revised Code, that public money has been illegally expended,	577
public money has been collected but not been accounted for, public	578
money is due but has not been collected, or public property has	579
been converted or misappropriated.	580

(3) "Debtor" means a person against whom a finding for	581
recovery has been issued.	582

Sec. 9.83.  (A) The state and any political subdivision may	583
procure a policy or policies of insurance insuring its officers	584
and employees against liability for injury, death, or loss to	585
person or property that arises out of the operation of an	586
automobile, truck, motor vehicle with auxiliary equipment,	587
self-propelling equipment or trailer, aircraft, or watercraft by	588
the officers or employees while engaged in the course of their	589
employment or official responsibilities for the state or the	590
political subdivision. The state is authorized to expend funds to	591
pay judgments that are rendered in any court against its officers	592
or employees and that result from such operation, and is	593
authorized to expend funds to compromise claims for liability	594
against its officers or employees that result from such operation.	595
No insurer shall deny coverage under such a policy, and the state	596
shall not refuse to pay judgments or compromise claims, on the	597
ground that an automobile, truck, motor vehicle with auxiliary	598
equipment, self-propelling equipment or trailer, aircraft, or	599
watercraft was not being used in the course of an officer's or	600
employee's employment or official responsibilities for the state	601
or a political subdivision unless the officer or employee who was	602
operating an automobile, truck, motor vehicle with auxiliary	603
equipment, or self-propelling equipment or trailer is convicted of	604
a violation of section 124.71 of the Revised Code as a result of	605
the same events.	606

(B) Such fundsFunds shall be reserved as are necessary, in	607
the exercise of sound and prudent actuarial judgment, to cover	608
potential expense, fees, damage, loss, or other liability. The	609
superintendent of insurance may recommend or, if the state	610
requests of the superintendent, shall recommend, a specific amount	611
for any period of time that, in the superintendent's opinion,	612
represents such a judgment.	613

(C) Nothing in this section shall be construed to require the	614
department of administrative services to purchase liability	615
insurance for all state vehicles in a single policy of insurance	616
or to cover all state vehicles under a single plan of	617
self-insurance.	618

(D) Insurance procured by the state pursuant to this section	619
shall be procured as provided in section 125.03 of the Revised	620
Code.	621

(E) For purposes of liability insurance procured under this	622
section to cover the operation of a motor vehicle by a prisoner	623
for whom the insurance is procured, "employee" includes a prisoner	624
in the custody of the department of rehabilitation and correction	625
who is enrolled in a work program that is established by the	626
department pursuant to section 5145.16 of the Revised Code and in	627
which the prisoner is required to operate a motor vehicle, as	628
defined in section 4509.01 of the Revised Code, and who is engaged	629
in the operation of a motor vehicle in the course of the work	630
program.	631

(F) There is hereby created in the state treasury the vehicle	632
liability fund. All contributions collected by the director of	633
administrative services under division (I) of this section shall	634
be deposited into the fund. The fund shall be used to provide	635
insurance and self-insurance for the state under this section. All	636
investment earnings of the fund shall be credited to it.	637

(G) The director of administrative services, through the	638
office of risk management, shall operate the vehicle liability	639
fund on an actuarially sound basis.	640

(H) Reserves shall be maintained in the vehicle liability	641
fund in any amount that is necessary and adequate, in the exercise	642
of sound and prudent actuarial judgment, to cover potential	643
liability claims, expenses, fees, or damages. Money in the fund	644
may be applied to the payment of liability claims that are filed	645
against the state in the court of claims and determined in the	646
manner provided in Chapter 2743. of the Revised Code. The director	647
of administrative services may procure the services of a qualified	648
actuarial firm for the purpose of recommending the specific amount	649
of money that is required to maintain adequate reserves for a	650
specified period of time.	651

(I) The director of administrative services shall collect	652
from each state agency or any participating state body its	653
contribution to the vehicle liability fund for the purpose of	654
purchasing insurance or administering self-insurance programs for	655
coverage authorized under this section. The amount of the	656
contribution shall be determined by the director, with the	657
approval of the director of budget and management. It shall be	658
based upon actuarial assumptions and the relative risk and loss	659
experience of each state agency or participating state body. The	660
amount of the contribution also shall include a reasonable sum to	661
cover administrative costs of the department of administrative	662
services.	663

Sec. 101.34.  (A) There is hereby created a joint legislative	664
ethics committee to serve the general assembly. The committee	665
shall be composed of twelve members, six each from the two major	666
political parties, and each member shall serve on the committee	667
during the member's term as a member of that general assembly. Six	668
members of the committee shall be members of the house of	669
representatives appointed by the speaker of the house of	670
representatives, not more than three from the same political	671
party, and six members of the committee shall be members of the	672
senate appointed by the president of the senate, not more than	673
three from the same political party. A vacancy in the committee	674
shall be filled for the unexpired term in the same manner as an	675
original appointment. The members of the committee shall be	676
appointed within fifteen days after the first day of the first	677
regular session of each general assembly and the committee shall	678
meet and proceed to recommend an ethics code not later than thirty	679
days after the first day of the first regular session of each	680
general assembly.	681

In the first regular session of each general assembly, the	682
speaker of the house of representatives shall appoint the	683
chairperson of the committee from among the house members of the	684
committee and the president of the senate shall appoint the	685
vice-chairperson of the committee from among the senate members of	686
the committee. In the second regular session of each general	687
assembly, the president of the senate shall appoint the	688
chairperson of the committee from among the senate members of the	689
committee and the speaker of the house of representatives shall	690
appoint the vice-chairperson of the committee from among the house	691
members of the committee. The chairperson, vice-chairperson, and	692
members of the committee shall serve until their respective	693
successors are appointed or until they are no longer members of	694
the general assembly.	695

The committee shall meet at the call of the chairperson or	696
upon the written request of seven members of the committee.	697

(B) The joint legislative ethics committee:

698

(1) Shall recommend a code of ethics which is consistent with	699
law to govern all members and employees of each house of the	700
general assembly and all candidates for the office of member of	701
each house;	702

(2) May receive and hear any complaint which alleges a breach	703
of any privilege of either house, or misconduct of any member,	704
employee, or candidate, or any violation of the appropriate code	705
of ethics;	706

(3) May obtain information with respect to any complaint	707
filed pursuant to this section and to that end may enforce the	708
attendance and testimony of witnesses, and the production of books	709
and papers;	710

(4) May recommend whatever sanction is appropriate with	711
respect to a particular member, employee, or candidate as will	712
best maintain in the minds of the public a good opinion of the	713
conduct and character of members and employees of the general	714
assembly;	715

(5) May recommend legislation to the general assembly	716
relating to the conduct and ethics of members and employees of and	717
candidates for the general assembly;	718

(6) Shall employ an executive director for the committee and	719
may employ such other staff as the committee determines necessary	720
to assist it in exercising its powers and duties. The executive	721
director and staff of the committee shall be known as the office	722
of legislative inspector general. At least one member of the staff	723
of the committee shall be an attorney at law licensed to practice	724
law in this state. The appointment and removal of the executive	725
director shall require the approval of at least eight members of	726
the committee.	727

(7) May employ a special counsel to assist the committee in	728
exercising its powers and duties. The appointment and removal of a	729
special counsel shall require the approval of at least eight	730
members of the committee.	731

(8) Shall act as an advisory body to the general assembly and	732
to individual members, candidates, and employees on questions	733
relating to ethics, possible conflicts of interest, and financial	734
disclosure;	735

(9) Shall provide for the proper forms on which the statement	736
required pursuant to section 102.02 of the Revised Code shall be	737
filed and instructions as to the filing of the statement;	738

(10) Exercise the powers and duties prescribed under sections	739
101.70 to 101.79 and 121.60 to 121.69 of the Revised Code;	740

(11) Adopt in accordance with section 111.15 of the Revised	741
Code any rules that are necessary to implement and clarify Chapter	742
102. and sections 2921.42 and 2921.43 of the Revised Code.	743

(C) There is hereby created in the state treasury the joint	744
legislative ethics committee fund. All money collected from	745
registration fees and late filing fees prescribed under sections	746
101.72 and 121.62 of the Revised Code shall be deposited into the	747
state treasury to the credit of the fund. Money credited to the	748
fund and any interest and earnings from the fund shall be used	749
solely for the operation of the joint legislative ethics committee	750
and the office of legislative inspector general and for the	751
purchase of data storage and computerization facilities for the	752
statements filed with the joint committee under sections 101.73,	753
101.74, 121.63, and 121.64 of the Revised Code.	754

(D) The chairperson of the joint committee shall issue a	755
written report, not later than the thirty-first day of January of	756
each year, to the speaker and minority leader of the house of	757
representatives and to the president and minority leader of the	758
senate that lists the number of committee meetings and	759
investigations the committee conducted during the immediately	760
preceding calendar year and the number of advisory opinions it	761
issued during the immediately preceding calendar year.	762

(E) Any investigative report that contains facts and findings	763
regarding a complaint filed with the committee and that is	764
prepared by the staff of the committee or a special counsel to the	765
committee shall become a public record upon its acceptance by a	766
vote of the majority of the members of the committee, except for	767
any names of specific individuals and entities contained in the	768
report. If the committee recommends disciplinary action or reports	769
its findings to the appropriate prosecuting authority for	770
proceedings in prosecution of the violations alleged in the	771
complaint, the investigatory report regarding the complaint shall	772
become a public record in its entirety.	773

(F)(1) Any file obtained by or in the possession of the	774
former house ethics committee or former senate ethics committee	775
shall become the property of the joint legislative ethics	776
committee. Any such file is confidential if either of the	777
following applies:	778

(a) It is confidential under section 102.06 of the Revised	779
Code or the legislative code of ethics.	780

(b) If the file was obtained from the former house ethics	781
committee or from the former senate ethics committee, it was	782
confidential under any statute or any provision of a code of	783
ethics that governed the file.	784

(2) As used in this division, "file" includes, but is not	785
limited to, evidence, documentation, or any other tangible thing.	786

Sec. 101.72.  (A) Each legislative agent and employer, within	787
ten days following an engagement of a legislative agent, shall	788
file with the joint legislative ethics committee an initial	789
registration statement showing all of the following:	790

(1) The name, business address, and occupation of the	791
legislative agent;	792

(2) The name and business address of the employer and the	793
real party in interest on whose behalf the legislative agent is	794
actively advocating, if it is different from the employer. For the	795
purposes of division (A) of this section, where a trade	796
association or other charitable or fraternal organization that is	797
exempt from federal income taxation under subsection 501(c) of the	798
federal Internal Revenue Code is the employer, the statement need	799
not list the names and addresses of each member of the association	800
or organization, so long as the association or organization itself	801
is listed.	802

(3) A brief description of the type of legislation to which	803
the engagement relates.	804

(B) In addition to the initial registration statement	805
required by division (A) of this section, each legislative agent	806
and employer shall file with the joint committee, not later than	807
the last day of January, May, and September of each year, an	808
updated registration statement that confirms the continuing	809
existence of each engagement described in an initial registration	810
statement and that lists the specific bills or resolutions on	811
which the agent actively advocated under that engagement during	812
the period covered by the updated statement, and with it any	813
statement of expenditures required to be filed by section 101.73	814
of the Revised Code and any details of financial transactions	815
required to be filed by section 101.74 of the Revised Code.	816

(C) If a legislative agent is engaged by more than one	817
employer, the agent shall file a separate initial and updated	818
registration statement for each engagement. If an employer engages	819
more than one legislative agent, the employer need file only one	820
updated registration statement under division (B) of this section,	821
which shall contain the information required by division (B) of	822
this section regarding all of the legislative agents engaged by	823
the employer.	824

(D)(1) A change in any information required by division	825
(A)(1), (2), or (B) of this section shall be reflected in the next	826
updated registration statement filed under division (B) of this	827
section.	828

(2) Within thirty days after the termination of an	829
engagement, the legislative agent who was employed under the	830
engagement shall send written notification of the termination to	831
the joint committee.	832

(E) Except as otherwise provided in this division, a	833
registration fee of tentwenty-five dollars shall be charged for	834
filing an initial registration statement. All money collected from	835
registration fees under this division and late filing fees under	836
division (G) of this section shall be deposited to the credit of	837
the joint legislative ethics committee fund created under section	838
101.34 of the Revised Codeinto the general revenue fund of the	839
state.	840

An officer or employee of a state agency who actively	841
advocates in a fiduciary capacity as a representative of that	842
state agency need not pay the registration fee prescribed by this	843
division or file expenditure statements under section 101.73 of	844
the Revised Code. As used in this division, "state agency" does	845
not include a state institution of higher education as defined in	846
section 3345.011 of the Revised Code.	847

(F) Upon registration pursuant to division (A) of this	848
section, the legislative agent shall be issued a card by the joint	849
committee showing that the legislative agent is registered. The	850
registration card and the legislative agent's registration shall	851
be valid from the date of their issuance until the next	852
thirty-first day of December of an even-numbered year.	853

(G) The executive director of the joint committee shall be	854
responsible for reviewing each registration statement filed with	855
the joint committee under this section and for determining whether	856
the statement contains all of the information required by this	857
section. If the joint committee determines that the registration	858
statement does not contain all of the required information or that	859
a legislative agent or employer has failed to file a registration	860
statement, the joint committee shall send written notification by	861
certified mail to the person who filed the registration statement	862
regarding the deficiency in the statement or to the person who	863
failed to file the registration statement regarding the failure.	864
Any person so notified by the joint committee shall, not later	865
than fifteen days after receiving the notice, file a registration	866
statement or an amended registration statement that does contain	867
all of the information required by this section. If any person who	868
receives a notice under this division fails to file a registration	869
statement or such an amended registration statement within this	870
fifteen-day period, the joint committee shall assess a late filing	871
fee equal to twelve dollars and fifty cents per day, up to a	872
maximum of one hundred dollars, upon that person. The joint	873
committee may waive the late filing fee for good cause shown.	874

(H) On or before the fifteenth day of March of each year, the	875
joint committee shall, in the manner and form that it determines,	876
publish a report containing statistical information on the	877
registration statements filed with it under this section during	878
the preceding year.	879

Sec. 101.82.  As used in sections 101.82 to 101.87 of the	880
Revised Code:	881

(A) "Agency" means any board, commission, committee, or	882
council, or any other similar state public body required to be	883
established pursuant to state statutes for the exercise of any	884
function of state government and to which members are appointed or	885
elected. "Agency" does not include the following:	886

(1) The general assembly, or any commission, committee, or	887
other body composed entirely of members thereofof the general	888
assembly;	889

(2) Any court;

890

(3) Any public body created by or directly pursuant to the	891
constitution of this state;	892

(4) The board of trustees of any institution of higher	893
education financially supported in whole or in part by the state;	894

(5) Any public body that has the authority to issue bonds or	895
notes or that has issued bonds or notes that have not been fully	896
repaid;	897

(6) The public utilities commission of Ohio;

898

(7) The consumers' council governing board;

899

(8) The Ohio board of regents;

900

(9) Any state board or commission that has the authority to	901
issue any final adjudicatory order that may be appealed to the	902
court of common pleas under Chapter 119. of the Revised Code;	903

(10) Any board of elections;

904

(11) The board of directors of the Ohio insurance guaranty	905
association and the board of governors of the Ohio fair plan	906
underwriting association;	907

(12) The Ohio public employees deferred compensation board;

908

(13) The Ohio retirement study council;

909

(14) The board of trustees of the Ohio police and fire	910
pension fund, public employees retirement board, school employees	911
retirement board, state highway patrol retirement board, and state	912
teachers retirement board;	913

(15) The industrial commission.

914

(B) "Abolish" means to repeal the statutes creating and	915
empowering an agency, remove its personnel, and transfer its	916
records to the department of administrative services pursuant to	917
division (H)(E) of section 149.331 of the Revised Code.	918

(C) "Terminate" means to amend or repeal the statutes	919
creating and empowering an agency, remove its personnel, and	920
reassign its functions and records to another agency or officer	921
designated by the general assembly.	922

(D) "Transfer" means to amend the statutes creating and	923
empowering an agency so that its functions, records, and personnel	924
are conveyed to another agency or officer.	925

(E) "Renew" means to continue an agency, and may include	926
amendment of the statutes creating and empowering the agency, or	927
recommendations for changes in agency operation or personnel.	928

Sec. 102.02.  (A) Except as otherwise provided in division	929
(H) of this section, every person who is elected to or is a	930
candidate for a state, county, or city office, or the office of	931
member of the United States congress, and every person who is	932
appointed to fill a vacancy for an unexpired term in such an	933
elective office; all members of the state board of education; the	934
director, assistant directors, deputy directors, division chiefs,	935
or persons of equivalent rank of any administrative department of	936
the state; the president or other chief administrative officer of	937
every state institution of higher education as defined in section	938
3345.011 of the Revised Code; the chief executive officer of each	939
state retirement system; all members of the board of commissioners	940
on grievances and discipline of the supreme court and the ethics	941
commission created under section 102.05 of the Revised Code; every	942
business manager, treasurer, or superintendent of a city, local,	943
exempted village, joint vocational, or cooperative education	944
school district or an educational service center; every person who	945
is elected to or is a candidate for the office of member of a	946
board of education of a city, local, exempted village, joint	947
vocational, or cooperative education school district or of a	948
governing board of an educational service center that has a total	949
student count of twelve thousand or more as most recently	950
determined by the department of education pursuant to section	951
3317.03 of the Revised Code; every person who is appointed to the	952
board of education of a municipal school district pursuant to	953
division (B) or (F) of section 3311.71 of the Revised Code; all	954
members of the board of directors of a sanitary district	955
established under Chapter 6115. of the Revised Code and organized	956
wholly for the purpose of providing a water supply for domestic,	957
municipal, and public use that includes two municipal corporations	958
in two counties; every public official or employee who is paid a	959
salary or wage in accordance with schedule C of section 124.15 or	960
schedule E-2 of section 124.152 of the Revised Code; members of	961
the board of trustees and the executive director of the tobacco	962
use prevention and control foundation; members of the board of	963
trustees and the executive director of the southern Ohio	964
agricultural and community development foundation; and every other	965
public official or employee who is designated by the appropriate	966
ethics commission pursuant to division (B) of this section shall	967
file with the appropriate ethics commission on a form prescribed	968
by the commission, a statement disclosing all of the following:	969

(1) The name of the person filing the statement and each	970
member of the person's immediate family and all names under which	971
the person or members of the person's immediate family do	972
business;	973

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	974
and except as otherwise provided in section 102.022 of the Revised	975
Code, identification of every source of income, other than income	976
from a legislative agent identified in division (A)(2)(b) of this	977
section, received during the preceding calendar year, in the	978
person's own name or by any other person for the person's use or	979
benefit, by the person filing the statement, and a brief	980
description of the nature of the services for which the income was	981
received. If the person filing the statement is a member of the	982
general assembly, the statement shall identify the amount of every	983
source of income received in accordance with the following ranges	984
of amounts: zero or more, but less than one thousand dollars; one	985
thousand dollars or more, but less than ten thousand dollars; ten	986
thousand dollars or more, but less than twenty-five thousand	987
dollars; twenty-five thousand dollars or more, but less than fifty	988
thousand dollars; fifty thousand dollars or more, but less than	989
one hundred thousand dollars; and one hundred thousand dollars or	990
more. Division (A)(2)(a) of this section shall not be construed to	991
require a person filing the statement who derives income from a	992
business or profession to disclose the individual items of income	993
that constitute the gross income of that business or profession,	994
except for those individual items of income that are attributable	995
to the person's or, if the income is shared with the person, the	996
partner's, solicitation of services or goods or performance,	997
arrangement, or facilitation of services or provision of goods on	998
behalf of the business or profession of clients, including	999
corporate clients, who are legislative agents as defined in	1000
section 101.70 of the Revised Code. A person who files the	1001
statement under this section shall disclose the identity of and	1002
the amount of income received from a person who the public	1003
official or employee knows or has reason to know is doing or	1004
seeking to do business of any kind with the public official's or	1005
employee's agency.	1006

(b) If the person filing the statement is a member of the	1007
general assembly, the statement shall identify every source of	1008
income and the amount of that income that was received from a	1009
legislative agent, as defined in section 101.70 of the Revised	1010
Code, during the preceding calendar year, in the person's own name	1011
or by any other person for the person's use or benefit, by the	1012
person filing the statement, and a brief description of the nature	1013
of the services for which the income was received. Division	1014
(A)(2)(b) of this section requires the disclosure of clients of	1015
attorneys or persons licensed under section 4732.12 of the Revised	1016
Code, or patients of persons certified under section 4731.14 of	1017
the Revised Code, if those clients or patients are legislative	1018
agents. Division (A)(2)(b) of this section requires a person	1019
filing the statement who derives income from a business or	1020
profession to disclose those individual items of income that	1021
constitute the gross income of that business or profession that	1022
are received from legislative agents.	1023

(c) Except as otherwise provided in division (A)(2)(c) of	1024
this section, division (A)(2)(a) of this section applies to	1025
attorneys, physicians, and other persons who engage in the	1026
practice of a profession and who, pursuant to a section of the	1027
Revised Code, the common law of this state, a code of ethics	1028
applicable to the profession, or otherwise, generally are required	1029
not to reveal, disclose, or use confidences of clients, patients,	1030
or other recipients of professional services except under	1031
specified circumstances or generally are required to maintain	1032
those types of confidences as privileged communications except	1033
under specified circumstances. Division (A)(2)(a) of this section	1034
does not require an attorney, physician, or other professional	1035
subject to a confidentiality requirement as described in division	1036
(A)(2)(c) of this section to disclose the name, other identity, or	1037
address of a client, patient, or other recipient of professional	1038
services if the disclosure would threaten the client, patient, or	1039
other recipient of professional services, would reveal details of	1040
the subject matter for which legal, medical, or professional	1041
advice or other services were sought, or would reveal an otherwise	1042
privileged communication involving the client, patient, or other	1043
recipient of professional services. Division (A)(2)(a) of this	1044
section does not require an attorney, physician, or other	1045
professional subject to a confidentiality requirement as described	1046
in division (A)(2)(c) of this section to disclose in the brief	1047
description of the nature of services required by division	1048
(A)(2)(a) of this section any information pertaining to specific	1049
professional services rendered for a client, patient, or other	1050
recipient of professional services that would reveal details of	1051
the subject matter for which legal, medical, or professional	1052
advice was sought or would reveal an otherwise privileged	1053
communication involving the client, patient, or other recipient of	1054
professional services.	1055

(3) The name of every corporation on file with the secretary	1056
of state that is incorporated in this state or holds a certificate	1057
of compliance authorizing it to do business in this state, trust,	1058
business trust, partnership, or association that transacts	1059
business in this state in which the person filing the statement or	1060
any other person for the person's use and benefit had during the	1061
preceding calendar year an investment of over one thousand dollars	1062
at fair market value as of the thirty-first day of December of the	1063
preceding calendar year, or the date of disposition, whichever is	1064
earlier, or in which the person holds any office or has a	1065
fiduciary relationship, and a description of the nature of the	1066
investment, office, or relationship. Division (A)(3) of this	1067
section does not require disclosure of the name of any bank,	1068
savings and loan association, credit union, or building and loan	1069
association with which the person filing the statement has a	1070
deposit or a withdrawable share account.	1071

(4) All fee simple and leasehold interests to which the	1072
person filing the statement holds legal title to or a beneficial	1073
interest in real property located within the state, excluding the	1074
person's residence and property used primarily for personal	1075
recreation;	1076

(5) The names of all persons residing or transacting business	1077
in the state to whom the person filing the statement owes, in the	1078
person's own name or in the name of any other person, more than	1079
one thousand dollars. Division (A)(5) of this section shall not be	1080
construed to require the disclosure of debts owed by the person	1081
resulting from the ordinary conduct of a business or profession or	1082
debts on the person's residence or real property used primarily	1083
for personal recreation, except that the superintendent of	1084
financial institutions shall disclose the names of all	1085
state-chartered savings and loan associations and of all service	1086
corporations subject to regulation under division (E)(2) of	1087
section 1151.34 of the Revised Code to whom the superintendent in	1088
the superintendent's own name or in the name of any other person	1089
owes any money, and that the superintendent and any deputy	1090
superintendent of banks shall disclose the names of all	1091
state-chartered banks and all bank subsidiary corporations subject	1092
to regulation under section 1109.44 of the Revised Code to whom	1093
the superintendent or deputy superintendent owes any money.	1094

(6) The names of all persons residing or transacting business	1095
in the state, other than a depository excluded under division	1096
(A)(3) of this section, who owe more than one thousand dollars to	1097
the person filing the statement, either in the person's own name	1098
or to any person for the person's use or benefit. Division (A)(6)	1099
of this section shall not be construed to require the disclosure	1100
of clients of attorneys or persons licensed under section 4732.12	1101
or 4732.15 of the Revised Code, or patients of persons certified	1102
under section 4731.14 of the Revised Code, nor the disclosure of	1103
debts owed to the person resulting from the ordinary conduct of a	1104
business or profession.	1105

(7) Except as otherwise provided in section 102.022 of the	1106
Revised Code, the source of each gift of over seventy-five	1107
dollars, or of each gift of over twenty-five dollars received by a	1108
member of the general assembly from a legislative agent, received	1109
by the person in the person's own name or by any other person for	1110
the person's use or benefit during the preceding calendar year,	1111
except gifts received by will or by virtue of section 2105.06 of	1112
the Revised Code, or received from spouses, parents, grandparents,	1113
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	1114
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	1115
fathers-in-law, mothers-in-law, or any person to whom the person	1116
filing the statement stands in loco parentis, or received by way	1117
of distribution from any inter vivos or testamentary trust	1118
established by a spouse or by an ancestor;	1119

(8) Except as otherwise provided in section 102.022 of the	1120
Revised Code, identification of the source and amount of every	1121
payment of expenses incurred for travel to destinations inside or	1122
outside this state that is received by the person in the person's	1123
own name or by any other person for the person's use or benefit	1124
and that is incurred in connection with the person's official	1125
duties, except for expenses for travel to meetings or conventions	1126
of a national or state organization to which any state agency,	1127
including, but not limited to, any legislative agency or state	1128
institution of higher education as defined in section 3345.011 of	1129
the Revised Code, pays membership dues, or any political	1130
subdivision or any office or agency of a political subdivision	1131
pays membership dues;	1132

(9) Except as otherwise provided in section 102.022 of the	1133
Revised Code, identification of the source of payment of expenses	1134
for meals and other food and beverages, other than for meals and	1135
other food and beverages provided at a meeting at which the person	1136
participated in a panel, seminar, or speaking engagement or at a	1137
meeting or convention of a national or state organization to which	1138
any state agency, including, but not limited to, any legislative	1139
agency or state institution of higher education as defined in	1140
section 3345.011 of the Revised Code, pays membership dues, or any	1141
political subdivision or any office or agency of a political	1142
subdivision pays membership dues, that are incurred in connection	1143
with the person's official duties and that exceed one hundred	1144
dollars aggregated per calendar year;	1145

(10) If the financial disclosure statement is filed by a	1146
public official or employee described in division (B)(2) of	1147
section 101.73 of the Revised Code or division (B)(2) of section	1148
121.63 of the Revised Code who receives a statement from a	1149
legislative agent, executive agency lobbyist, or employer that	1150
contains the information described in division (F)(2) of section	1151
101.73 of the Revised Code or division (G)(2) of section 121.63 of	1152
the Revised Code, all of the nondisputed information contained in	1153
the statement delivered to that public official or employee by the	1154
legislative agent, executive agency lobbyist, or employer under	1155
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	1156
the Revised Code. As used in division (A)(10) of this section,	1157
"legislative agent," "executive agency lobbyist," and "employer"	1158
have the same meanings as in sections 101.70 and 121.60 of the	1159
Revised Code.	1160

A person may file a statement required by this section in	1161
person or by mail. A person who is a candidate for elective office	1162
shall file the statement no later than the thirtieth day before	1163
the primary, special, or general election at which the candidacy	1164
is to be voted on, whichever election occurs soonest, except that	1165
a person who is a write-in candidate shall file the statement no	1166
later than the twentieth day before the earliest election at which	1167
the person's candidacy is to be voted on. A person who holds	1168
elective office shall file the statement on or before the	1169
fifteenth day of April of each year unless the person is a	1170
candidate for office. A person who is appointed to fill a vacancy	1171
for an unexpired term in an elective office shall file the	1172
statement within fifteen days after the person qualifies for	1173
office. Other persons shall file an annual statement on or before	1174
the fifteenth day of April or, if appointed or employed after that	1175
date, within ninety days after appointment or employment. No	1176
person shall be required to file with the appropriate ethics	1177
commission more than one statement or pay more than one filing fee	1178
for any one calendar year.	1179

The appropriate ethics commission, for good cause, may extend	1180
for a reasonable time the deadline for filing a statement under	1181
this section.	1182

A statement filed under this section is subject to public	1183
inspection at locations designated by the appropriate ethics	1184
commission except as otherwise provided in this section.	1185

(B) The Ohio ethics commission, the joint legislative ethics	1186
committee, and the board of commissioners on grievances and	1187
discipline of the supreme court, using the rule-making procedures	1188
of Chapter 119. of the Revised Code, may require any class of	1189
public officials or employees under its jurisdiction and not	1190
specifically excluded by this section whose positions involve a	1191
substantial and material exercise of administrative discretion in	1192
the formulation of public policy, expenditure of public funds,	1193
enforcement of laws and rules of the state or a county or city, or	1194
the execution of other public trusts, to file an annual statement	1195
on or before the fifteenth day of April under division (A) of this	1196
section. The appropriate ethics commission shall send the public	1197
officials or employees written notice of the requirement by the	1198
fifteenth day of February of each year the filing is required	1199
unless the public official or employee is appointed after that	1200
date, in which case the notice shall be sent within thirty days	1201
after appointment, and the filing shall be made not later than	1202
ninety days after appointment.	1203

Except for disclosure statements filed by members of the	1204
board of trustees and the executive director of the tobacco use	1205
prevention and control foundation and members of the board of	1206
trustees and the executive director of the southern Ohio	1207
agricultural and community development foundation, disclosure	1208
statements filed under this division with the Ohio ethics	1209
commission by members of boards, commissions, or bureaus of the	1210
state for which no compensation is received other than reasonable	1211
and necessary expenses shall be kept confidential. Disclosure	1212
statements filed with the Ohio ethics commission under division	1213
(A) of this section by business managers, treasurers, and	1214
superintendents of city, local, exempted village, joint	1215
vocational, or cooperative education school districts or	1216
educational service centers shall be kept confidential, except	1217
that any person conducting an audit of any such school district or	1218
educational service center pursuant to section 115.56 or Chapter	1219
117. of the Revised Code may examine the disclosure statement of	1220
any business manager, treasurer, or superintendent of that school	1221
district or educational service center. The Ohio ethics commission	1222
shall examine each disclosure statement required to be kept	1223
confidential to determine whether a potential conflict of interest	1224
exists for the person who filed the disclosure statement. A	1225
potential conflict of interest exists if the private interests of	1226
the person, as indicated by the person's disclosure statement,	1227
might interfere with the public interests the person is required	1228
to serve in the exercise of the person's authority and duties in	1229
the person's office or position of employment. If the commission	1230
determines that a potential conflict of interest exists, it shall	1231
notify the person who filed the disclosure statement and shall	1232
make the portions of the disclosure statement that indicate a	1233
potential conflict of interest subject to public inspection in the	1234
same manner as is provided for other disclosure statements. Any	1235
portion of the disclosure statement that the commission determines	1236
does not indicate a potential conflict of interest shall be kept	1237
confidential by the commission and shall not be made subject to	1238
public inspection, except as is necessary for the enforcement of	1239
Chapters 102. and 2921. of the Revised Code and except as	1240
otherwise provided in this division.	1241

(C) No person shall knowingly fail to file, on or before the	1242
applicable filing deadline established under this section, a	1243
statement that is required by this section.	1244

(D) No person shall knowingly file a false statement that is	1245
required to be filed under this section.	1246

(E)(1) Except as provided in divisions (E)(2) and (3) of this	1247
section, the statement required by division (A) or (B) of this	1248
section shall be accompanied by a filing fee of twenty-fiveforty	1249
dollars.	1250

(2) The statement required by division (A) of this section	1251
shall be accompanied by athe following filing fee to be paid by	1252
the person who is elected or appointed to, or is a candidate for,	1253
any of the following offices:	1254

(3) No judge of a court of record or candidate for judge of a	1274
court of record, and no referee or magistrate serving a court of	1275
record, shall be required to pay the fee required under division	1276
(E)(1) or (2) or (F) of this section.	1277

(4) For any public official who is appointed to a nonelective	1278
office of the state and for any employee who holds a nonelective	1279
position in a public agency of the state, the state agency that is	1280
the primary employer of the state official or employee shall pay	1281
the fee required under division (E)(1) or (F) of this section.	1282

(F) If a statement required to be filed under this section is	1283
not filed by the date on which it is required to be filed, the	1284
appropriate ethics commission shall assess the person required to	1285
file the statement a late filing fee equal to one-half of the	1286
applicable filing feeten dollars for each day the statement is	1287
not filed, except that the total amount of the late filing fee	1288
shall not exceed onetwo hundred fifty dollars.	1289

(G)(1) The appropriate ethics commission other than the Ohio	1290
ethics commission shall deposit all fees it receives under	1291
divisions (E) and (F) of this section into the general revenue	1292
fund of the state.	1293

(2) The Ohio ethics commission shall deposit all receipts,	1294
including, but not limited to, fees it receives under divisions	1295
(E) and (F) of this section and all moneys it receives from	1296
settlements under division (G) of section 102.06 of the Revised	1297
Code, into the Ohio ethics commission fund, which is hereby	1298
created in the state treasury. All moneys credited to the fund	1299
shall be used solely for expenses related to the operation and	1300
statutory functions of the commission.	1301

(H) Division (A) of this section does not apply to a person	1302
elected or appointed to the office of precinct, ward, or district	1303
committee member under Chapter 3517. of the Revised Code; a	1304
presidential elector; a delegate to a national convention; village	1305
or township officials and employees; any physician or psychiatrist	1306
who is paid a salary or wage in accordance with schedule C of	1307
section 124.15 or schedule E-2 of section 124.152 of the Revised	1308
Code and whose primary duties do not require the exercise of	1309
administrative discretion; or any member of a board, commission,	1310
or bureau of any county or city who receives less than one	1311
thousand dollars per year for serving in that position.	1312

Sec. 107.12. (A) As used in this section, "organization"	1313
means a faith-based or other organization that is exempt from	1314
federal income taxation under section 501(c)(3) of the Internal	1315
Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended, and	1316
provides charitable services to needy residents of this state.	1317

(B) There is hereby established within the office of the	1318
governor the governor's office for faith-based nonprofit and other	1319
nonprofit organizations. The office shall:	1320

(1) Serve as a clearinghouse of information on federal,	1321
state, and local funding for charitable services performed by	1322
organizations;	1323

(2) Encourage organizations to seek public funding for their	1324
charitable services;	1325

(3) Act as a liaison between state agencies and	1326
organizations;	1327

(4) Advise the governor, general assembly, and the advisory	1328
board of the governor's office for faith-based nonprofit or other	1329
nonprofit organizations on the barriers that exist to	1330
collaboration between organizations and governmental entities and	1331
on ways to remove the barriers.	1332

(C) The governor shall appoint an executive assistant to	1333
manage the office and perform or oversee the performance of the	1334
duties of the office.	1335

(D)(1) There is hereby created the advisory board of the	1336
governor's office for faith-based nonprofit and other nonprofit	1337
organizations. The board shall consist of members appointed as	1338
follows:	1339

(a) The directors of aging, alcohol and drug addiction	1340
services, rehabilitation and correction, health, job and family	1341
services, mental health, and youth services shall each appoint to	1342
the board one employee of that director's department.	1343

(b) The speaker of the house of representatives shall appoint	1344
to the board two members of the house of representatives, not more	1345
than one of whom shall be from the same political party and at	1346
least one of whom shall be from the legislative black caucus. The	1347
speaker of the house of representatives shall consult with the	1348
president of the legislative black caucus in making the	1349
legislative black caucus member appointment. The president of the	1350
senate shall appoint to the board two members of the senate, not	1351
more than one of whom shall be from the same political party.	1352

(c) The governor, speaker of the house of representatives,	1353
and president of the senate shall each appoint to the board three	1354
representatives of the nonprofit, faith-based and other nonprofit	1355
community.	1356

(2) The appointments to the board shall be made within thirty	1357
days after the effective date of this section. Terms of the office	1358
shall be one year. Any vacancy that occurs on the board shall be	1359
filled in the same manner as the original appointment. The members	1360
of the board shall serve without compensation.	1361

(3) At its initial meeting, the board shall elect a	1362
chairperson. The chairperson shall be a member of the board who is	1363
a member of the house of representatives.	1364

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

1365

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

1366

(2) Publish a report of its activities on or before the first	1367
day of August of each year, and deliver copies of the report to	1368
the governor, the speaker and minority leader of the house of	1369
representatives, and the president and minority leader of the	1370
senate.	1371

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

1372

(1) "State institutional facility" means any institution or	1373
other facility, in operation on or after January 1, 2003, for the	1374
housing of any person that is under the control of the department	1375
of rehabilitation and correction, the department of youth	1376
services, the department of mental retardation and developmental	1377
disabilities, the department of mental health, or any other agency	1378
or department of state government.	1379

(2) "Target state agency" means the agency of state	1380
government that operates the institutional facility or facilities	1381
that the governor believes should be closed.	1382

(B) Prior to the closing of a state institutional facility,	1383
the target state agency shall conduct a survey and analysis of the	1384
needs of each client at that facility for the purpose of ensuring	1385
that each client's identified needs during the transition and in	1386
the client's new setting are met. A copy of the analysis, devoid	1387
of any client identifying information, as well as the target state	1388
agency's proposal for meeting the needs of the clients, shall be	1389
submitted to the general assembly in accordance with section	1390
101.68 of the Revised Code at least two months prior to the	1391
closing.	1392

Sec. 107.32.  (A) As used in this section and section 107.33	1393
of the Revised Code:	1394

(1) "State institutional facility" means any institution or	1395
other facility for the housing of any person that is under the	1396
control of the department of rehabilitation and correction, the	1397
department of youth services, the department of mental retardation	1398
and developmental disabilities, the department of mental health,	1399
or any other agency or department of state government.	1400

(2) "Target state agency" means the agency of state	1401
government that the governor identifies in a notice provided under	1402
division (C)(1) of this section and that operates an institutional	1403
facility or facilities the governor believes should be closed.	1404

(B) Notwithstanding any other provision of law, the governor	1405
shall not order the closure of any state institutional facility,	1406
for the purpose of expenditure reductions or budget cuts, other	1407
than in accordance with this section.	1408

(C) If the governor determines that necessary expenditure	1409
reductions and budget cuts cannot be made without closing one or	1410
more state institutional facilities, all of the following apply:	1411

(1) The governor shall determine which state agency's	1412
institutional facility or facilities the governor believes should	1413
be closed, shall notify the general assembly and that agency of	1414
that determination, and shall specify in the notice the number of	1415
facilities of that agency that the governor believes should be	1416
closed and the anticipated savings to be obtained through that	1417
closure or those closures.	1418

(2) Upon the governor's provision of the notice described in	1419
division (C)(1) of this section, a state facilities closure	1420
commission shall be created as described in division (D) of this	1421
section regarding the target state agency. Not later than seven	1422
days after the governor provides that notice, the officials with	1423
the duties to appoint members of the commission for the target	1424
state agency, as described in division (D) of this section, shall	1425
appoint the specified members of the commission, and, as soon as	1426
possible after the appointments, the commission shall meet for the	1427
purposes described in that division. Not later than thirty days	1428
after the governor provides the notice described in division	1429
(C)(1) of this section, the state facilities closure commission	1430
shall provide to the general assembly, the governor, and the	1431
target state agency a report that contains the commission's	1432
recommendation as to the state institutional facility or	1433
facilities of the target state agency that the governor may close.	1434
The anticipated savings to be obtained by the commission's	1435
recommendation shall be approximately the same as the anticipated	1436
savings the governor specified in the governor's notice provided	1437
under division (C)(1) of this section, and, if the recommendation	1438
identifies more than one facility, it shall list them in order of	1439
the commission's preference for closure. A state facilities	1440
closure commission created for a particular target state agency	1441
shall make a report only regarding that target state agency and	1442
shall include no recommendations regarding any other state agency	1443
or department in its report.	1444

(3) Upon receipt of the report of the state facilities	1445
closure commission under division (C)(2) of this section for a	1446
target state agency, if the governor still believes that necessary	1447
expenditure reductions and budget cuts cannot be made without	1448
closing one or more state institutional facilities, the governor	1449
may close state institutional facilities of the target state	1450
agency that are identified in the commission's recommendation	1451
contained in the report. Except as otherwise provided in this	1452
division, the governor shall not close any state institutional	1453
facility of the target state agency that is not listed in the	1454
commission's recommendation, and shall not close multiple	1455
institutions in any order other than the order of the commission's	1456
preference as specified in the recommendation. The governor is not	1457
required to follow the recommendation of the commission in closing	1458
an institutional facility if the governor determines that a	1459
significant change in circumstances makes the recommendation	1460
unworkable.	1461

(D) A state facilities closure commission shall be created at	1462
the time and in the manner specified in division (C)(2) of this	1463
section. If more than one state agency or department is a target	1464
state agency, a separate state facilities closure commission shall	1465
be created for each such target state agency. Each commission	1466
consists of eleven members. Three members shall be members of the	1467
house of representatives appointed by the speaker of the house of	1468
representatives, none of the members so appointed may have a state	1469
institutional facility of the target state agency in the member's	1470
district, two of the members so appointed shall be members of the	1471
majority political party in the house of representatives, and one	1472
of the members so appointed shall not be a member of the majority	1473
political party in the house of representatives. Three members	1474
shall be members of the senate appointed by the president of the	1475
senate, none of the members so appointed may have a state	1476
institutional facility of the target state agency in the member's	1477
district, two of the members so appointed shall be members of the	1478
majority political party in the senate, and one of the members so	1479
appointed shall not be a member of the majority political party in	1480
the senate. One member shall be the director of budget and	1481
management. One member shall be the director, or other agency	1482
head, of the target state agency. Two members shall be private	1483
executives with expertise in facility utilization, with one of	1484
these members appointed by the speaker of the house of	1485
representatives and the other appointed by the president of the	1486
senate, and neither of the members so appointed may have a state	1487
institutional facility of the target state agency in the county in	1488
which the member resides. One member shall be a representative of	1489
the Ohio civil service employees' association or other	1490
representative association of the employees of the target state	1491
agency, appointed by the speaker of the house of representatives.	1492
The officials with the duties to appoint members of the commission	1493
shall make the appointments, and the commission shall meet, within	1494
the time periods specified in division (C)(2) of this section. The	1495
members of the commission shall serve without compensation. At the	1496
commission's first meeting, the members shall organize, and	1497
appoint a chairperson and vice-chairperson.	1498

The commission shall determine which state institutional	1499
facility or facilities under the control of the target state	1500
agency for which the commission was created should be closed. In	1501
making this determination, the commission shall, at a minimum,	1502
consider the following factors:	1503

(1) Whether there is a need to reduce the number of	1504
facilities;	1505

(2) The availability of alternate facilities;

1506

(3) The cost effectiveness of the facilities;

1507

(4) The geographic factors associated with each facility and	1508
its proximity to other similar facilities;	1509

(5) The impact of collective bargaining on facility	1510
operations;	1511

(6) The utilization and maximization of resources;

1512

(7) Continuity of the staff and ability to serve the facility	1513
population;	1514

(8) Continuing costs following closure of a facility;

1515

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

1516

(10) Alternatives and opportunities for consolidation with	1517
other facilities.	1518

The commission shall meet as often as necessary to make its	1519
determination, may take testimony and consider all relevant	1520
information, and shall prepare and provide in accordance with	1521
division (C)(2) of this section a report containing its	1522
recommendations. Upon providing the report regarding the target	1523
state agency, the commission shall cease to exist, provided that	1524
another commission shall be created for the same state agency if	1525
the agency is made a target state agency in another report	1526
provided under division (C)(1) of this section and provided that	1527
another commission shall be created for a different state agency	1528
if that other agency is made a target state agency in a report	1529
provided under that division.	1530

Sec. 107.33. Notwithstanding any other provision of law, if	1531
the closure of the particular facility is authorized under section	1532
107.32 of the Revised Code, the governor may terminate any	1533
contract entered into under section 9.06 of the Revised Code for	1534
the private operation and management of any correctional facility	1535
under the control of the department of rehabilitation and	1536
correction, including, but not limited to the initial intensive	1537
program prison established pursuant to section 5120.033 of the	1538
Revised Code as it existed prior to the effective date of this	1539
section, and terminate the operation of, and close that facility.	1540
If the governor terminates a contract for the private operation	1541
and management of a facility, and terminates the operation of, and	1542
closes, the facility as described in this section, inmates in the	1543
facility shall be transferred to another correctional facility	1544
under the control of the department. If the initial intensive	1545
program prison is closed, divisions (G)(2)(a) and (b) of section	1546
2929.13 of the Revised Code have no effect while the facility is	1547
closed.	1548

Sec. 109.57.  (A)(1) The superintendent of the bureau of	1549
criminal identification and investigation shall procure from	1550
wherever procurable and file for record photographs, pictures,	1551
descriptions, fingerprints, measurements, and other information	1552
that may be pertinent of all persons who have been convicted of	1553
committing within this state a felony, any crime constituting a	1554
misdemeanor on the first offense and a felony on subsequent	1555
offenses, or any misdemeanor described in division (A)(1)(a) of	1556
section 109.572 of the Revised Code, of all children under	1557
eighteen years of age who have been adjudicated delinquent	1558
children for committing within this state an act that would be a	1559
felony or an offense of violence if committed by an adult or who	1560
have been convicted of or pleaded guilty to committing within this	1561
state a felony or an offense of violence, and of all well-known	1562
and habitual criminals. The person in charge of any county,	1563
multicounty, municipal, municipal-county, or multicounty-municipal	1564
jail or workhouse, community-based correctional facility, halfway	1565
house, alternative residential facility, or state correctional	1566
institution and the person in charge of any state institution	1567
having custody of a person suspected of having committed a felony,	1568
any crime constituting a misdemeanor on the first offense and a	1569
felony on subsequent offenses, or any misdemeanor described in	1570
division (A)(1)(a) of section 109.572 of the Revised Code or	1571
having custody of a child under eighteen years of age with respect	1572
to whom there is probable cause to believe that the child may have	1573
committed an act that would be a felony or an offense of violence	1574
if committed by an adult shall furnish such material to the	1575
superintendent of the bureau. Fingerprints, photographs, or other	1576
descriptive information of a child who is under eighteen years of	1577
age, has not been arrested or otherwise taken into custody for	1578
committing an act that would be a felony or an offense of violence	1579
if committed by an adult, has not been adjudicated a delinquent	1580
child for committing an act that would be a felony or an offense	1581
of violence if committed by an adult, has not been convicted of or	1582
pleaded guilty to committing a felony or an offense of violence,	1583
and is not a child with respect to whom there is probable cause to	1584
believe that the child may have committed an act that would be a	1585
felony or an offense of violence if committed by an adult shall	1586
not be procured by the superintendent or furnished by any person	1587
in charge of any county, multicounty, municipal, municipal-county,	1588
or multicounty-municipal jail or workhouse, community-based	1589
correctional facility, halfway house, alternative residential	1590
facility, or state correctional institution, except as authorized	1591
in section 2151.313 of the Revised Code.	1592

(2) Every clerk of a court of record in this state, other	1593
than the supreme court or a court of appeals, shall send to the	1594
superintendent of the bureau a weekly report containing a summary	1595
of each case involving a felony, involving any crime constituting	1596
a misdemeanor on the first offense and a felony on subsequent	1597
offenses, involving a misdemeanor described in division (A)(1)(a)	1598
of section 109.572 of the Revised Code, or involving an	1599
adjudication in a case in which a child under eighteen years of	1600
age was alleged to be a delinquent child for committing an act	1601
that would be a felony or an offense of violence if committed by	1602
an adult. The clerk of the court of common pleas shall include in	1603
the report and summary the clerk sends under this division all	1604
information described in divisions (A)(2)(a) to (f) of this	1605
section regarding a case before the court of appeals that is	1606
served by that clerk. The summary shall be written on the standard	1607
forms furnished by the superintendent pursuant to division (B) of	1608
this section and shall include the following information:	1609

(a) The incident tracking number contained on the standard	1610
forms furnished by the superintendent pursuant to division (B) of	1611
this section;	1612

(b) The style and number of the case;

1613

(c) The date of arrest;

1614

(d) The date that the person was convicted of or pleaded	1615
guilty to the offense, adjudicated a delinquent child for	1616
committing the act that would be a felony or an offense of	1617
violence if committed by an adult, found not guilty of the	1618
offense, or found not to be a delinquent child for committing an	1619
act that would be a felony or an offense of violence if committed	1620
by an adult, the date of an entry dismissing the charge, an entry	1621
declaring a mistrial of the offense in which the person is	1622
discharged, an entry finding that the person or child is not	1623
competent to stand trial, or an entry of a nolle prosequi, or the	1624
date of any other determination that constitutes final resolution	1625
of the case;	1626

(e) A statement of the original charge with the section of	1627
the Revised Code that was alleged to be violated;	1628

(f) If the person or child was convicted, pleaded guilty, or	1629
was adjudicated a delinquent child, the sentence or terms of	1630
probation imposed or any other disposition of the offender or the	1631
delinquent child.	1632

If the offense involved the disarming of a law enforcement	1633
officer or an attempt to disarm a law enforcement officer, the	1634
clerk shall clearly state that fact in the summary, and the	1635
superintendent shall ensure that a clear statement of that fact is	1636
placed in the bureau's records.	1637

(3) The superintendent shall cooperate with and assist	1638
sheriffs, chiefs of police, and other law enforcement officers in	1639
the establishment of a complete system of criminal identification	1640
and in obtaining fingerprints and other means of identification of	1641
all persons arrested on a charge of a felony, any crime	1642
constituting a misdemeanor on the first offense and a felony on	1643
subsequent offenses, or a misdemeanor described in division	1644
(A)(1)(a) of section 109.572 of the Revised Code and of all	1645
children under eighteen years of age arrested or otherwise taken	1646
into custody for committing an act that would be a felony or an	1647
offense of violence if committed by an adult. The superintendent	1648
also shall file for record the fingerprint impressions of all	1649
persons confined in a county, multicounty, municipal,	1650
municipal-county, or multicounty-municipal jail or workhouse,	1651
community-based correctional facility, halfway house, alternative	1652
residential facility, or state correctional institution for the	1653
violation of state laws and of all children under eighteen years	1654
of age who are confined in a county, multicounty, municipal,	1655
municipal-county, or multicounty-municipal jail or workhouse,	1656
community-based correctional facility, halfway house, alternative	1657
residential facility, or state correctional institution or in any	1658
facility for delinquent children for committing an act that would	1659
be a felony or an offense of violence if committed by an adult,	1660
and any other information that the superintendent may receive from	1661
law enforcement officials of the state and its political	1662
subdivisions.	1663

(4) The superintendent shall carry out Chapter 2950. of the	1664
Revised Code with respect to the registration of persons who are	1665
convicted of or plead guilty to a sexually oriented offense and	1666
with respect to all other duties imposed on the bureau under that	1667
chapter.	1668

(B) The superintendent shall prepare and furnish to every	1669
county, multicounty, municipal, municipal-county, or	1670
multicounty-municipal jail or workhouse, community-based	1671
correctional facility, halfway house, alternative residential	1672
facility, or state correctional institution and to every clerk of	1673
a court in this state specified in division (A)(2) of this section	1674
standard forms for reporting the information required under	1675
division (A) of this section. The standard forms that the	1676
superintendent prepares pursuant to this division may be in a	1677
tangible format, in an electronic format, or in both tangible	1678
formats and electronic formats.	1679

(C) The superintendent may operate a center for electronic,	1680
automated, or other data processing for the storage and retrieval	1681
of information, data, and statistics pertaining to criminals and	1682
to children under eighteen years of age who are adjudicated	1683
delinquent children for committing an act that would be a felony	1684
or an offense of violence if committed by an adult, criminal	1685
activity, crime prevention, law enforcement, and criminal justice,	1686
and may establish and operate a statewide communications network	1687
to gather and disseminate information, data, and statistics for	1688
the use of law enforcement agencies. The superintendent may	1689
gather, store, retrieve, and disseminate information, data, and	1690
statistics that pertain to children who are under eighteen years	1691
of age and that are gathered pursuant to sections 109.57 to 109.61	1692
of the Revised Code together with information, data, and	1693
statistics that pertain to adults and that are gathered pursuant	1694
to those sections.	1695

(D) The information and materials furnished to the	1696
superintendent pursuant to division (A) of this section and	1697
information and materials furnished to any board or person under	1698
division (F) or (G) of this section are not public records under	1699
section 149.43 of the Revised Code.	1700

(E) The attorney general shall adopt rules, in accordance	1701
with Chapter 119. of the Revised Code, setting forth the procedure	1702
by which a person may receive or release information gathered by	1703
the superintendent pursuant to division (A) of this section. A	1704
reasonable fee may be charged for this service. If a temporary	1705
employment service submits a request for a determination of	1706
whether a person the service plans to refer to an employment	1707
position has been convicted of or pleaded guilty to an offense	1708
listed in division (A)(1), (3), (4), or (5), or (6) of section	1709
109.572 of the Revised Code, the request shall be treated as a	1710
single request and only one fee shall be charged.	1711

(F)(1) As used in division (F)(2) of this section, "head	1712
start agency" means an entity in this state that has been approved	1713
to be an agency for purposes of subchapter II of the "Community	1714
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	1715
as amended.	1716

(2)(a) In addition to or in conjunction with any request that	1717
is required to be made under section 109.572, 2151.86, 3301.32,	1718
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081,	1719
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of	1720
education of any school district; the director of mental	1721
retardation and developmental disabilities; any county board of	1722
mental retardation and developmental disabilities; any entity	1723
under contract with a county board of mental retardation and	1724
developmental disabilities; the chief administrator of any	1725
chartered nonpublic school; the chief administrator of any home	1726
health agency; the chief administrator of or person operating any	1727
child day-care center, type A family day-care home, or type B	1728
family day-care home licensed or certified under Chapter 5104. of	1729
the Revised Code; the administrator of any type C family day-care	1730
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	1731
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	1732
general assembly; the chief administrator of any head start	1733
agency; or the executive director of a public children services	1734
agency may request that the superintendent of the bureau	1735
investigate and determine, with respect to any individual who has	1736
applied for employment in any position after October 2, 1989, or	1737
any individual wishing to apply for employment with a board of	1738
education may request, with regard to the individual, whether the	1739
bureau has any information gathered under division (A) of this	1740
section that pertains to that individual. On receipt of the	1741
request, the superintendent shall determine whether that	1742
information exists and, upon request of the person, board, or	1743
entity requesting information, also shall request from the federal	1744
bureau of investigation any criminal records it has pertaining to	1745
that individual. Within thirty days of the date that the	1746
superintendent receives a request, the superintendent shall send	1747
to the board, entity, or person a report of any information that	1748
the superintendent determines exists, including information	1749
contained in records that have been sealed under section 2953.32	1750
of the Revised Code, and, within thirty days of its receipt, shall	1751
send the board, entity, or person a report of any information	1752
received from the federal bureau of investigation, other than	1753
information the dissemination of which is prohibited by federal	1754
law.	1755

(b) When a board of education is required to receive	1756
information under this section as a prerequisite to employment of	1757
an individual pursuant to section 3319.39 of the Revised Code, it	1758
may accept a certified copy of records that were issued by the	1759
bureau of criminal identification and investigation and that are	1760
presented by an individual applying for employment with the	1761
district in lieu of requesting that information itself. In such a	1762
case, the board shall accept the certified copy issued by the	1763
bureau in order to make a photocopy of it for that individual's	1764
employment application documents and shall return the certified	1765
copy to the individual. In a case of that nature, a district only	1766
shall accept a certified copy of records of that nature within one	1767
year after the date of their issuance by the bureau.	1768

(3) The state board of education may request, with respect to	1769
any individual who has applied for employment after October 2,	1770
1989, in any position with the state board or the department of	1771
education, any information that a school district board of	1772
education is authorized to request under division (F)(2) of this	1773
section, and the superintendent of the bureau shall proceed as if	1774
the request has been received from a school district board of	1775
education under division (F)(2) of this section.	1776

(4) When the superintendent of the bureau receives a request	1777
for information that is authorized under section 3319.291 of the	1778
Revised Code, the superintendent shall proceed as if the request	1779
has been received from a school district board of education under	1780
division (F)(2) of this section.	1781

(5) When a recipient of an OhioReads classroom or community	1782
reading grant paid under section 3301.86 or 3301.87 of the Revised	1783
Code or an entity approved by the OhioReads council requests, with	1784
respect to any individual who applies to participate in providing	1785
any program or service through an entity approved by the OhioReads	1786
council or funded in whole or in part by the grant, the	1787
information that a school district board of education is	1788
authorized to request under division (F)(2)(a) of this section,	1789
the superintendent of the bureau shall proceed as if the request	1790
has been received from a school district board of education under	1791
division (F)(2)(a) of this section.	1792

(G) In addition to or in conjunction with any request that is	1793
required to be made under section 173.41, 3701.881, 3712.09,	1794
3721.121, or 3722.151 of the Revised Code with respect to an	1795
individual who has applied for employment in a position that	1796
involves providing direct care to an older adult, the chief	1797
administrator of a PASSPORT agency that provides services through	1798
the PASSPORT program created under section 173.40 of the Revised	1799
Code, home health agency, hospice care program, home licensed	1800
under Chapter 3721. of the Revised Code, adult day-care program	1801
operated pursuant to rules adopted under section 3721.04 of the	1802
Revised Code, or adult care facility may request that the	1803
superintendent of the bureau investigate and determine, with	1804
respect to any individual who has applied after January 27, 1997,	1805
for employment in a position that does not involve providing	1806
direct care to an older adult, whether the bureau has any	1807
information gathered under division (A) of this section that	1808
pertains to that individual. On receipt of the request, the	1809
superintendent shall determine whether that information exists	1810
and, on request of the administrator requesting information, shall	1811
also request from the federal bureau of investigation any criminal	1812
records it has pertaining to that individual. Within thirty days	1813
of the date a request is received, the superintendent shall send	1814
to the administrator a report of any information determined to	1815
exist, including information contained in records that have been	1816
sealed under section 2953.32 of the Revised Code, and, within	1817
thirty days of its receipt, shall send the administrator a report	1818
of any information received from the federal bureau of	1819
investigation, other than information the dissemination of which	1820
is prohibited by federal law.	1821

(H) Information obtained by a board, administrator, or other	1822
person under this section is confidential and shall not be	1823
released or disseminated.	1824

(I) The superintendent may charge a reasonable fee for	1825
providing information or criminal records under division (F)(2) or	1826
(G) of this section.	1827

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	1828
section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013,	1829
or 5153.111 of the Revised Code, a completed form prescribed	1830
pursuant to division (C)(1) of this section, and a set of	1831
fingerprint impressions obtained in the manner described in	1832
division (C)(2) of this section, the superintendent of the bureau	1833
of criminal identification and investigation shall conduct a	1834
criminal records check in the manner described in division (B) of	1835
this section to determine whether any information exists that	1836
indicates that the person who is the subject of the request	1837
previously has been convicted of or pleaded guilty to any of the	1838
following:	1839

(a) A violation of section 2903.01, 2903.02, 2903.03,	1840
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1841
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1842
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1843
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	1844
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	1845
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	1846
2925.06, or 3716.11 of the Revised Code, felonious sexual	1847
penetration in violation of former section 2907.12 of the Revised	1848
Code, a violation of section 2905.04 of the Revised Code as it	1849
existed prior to July 1, 1996, a violation of section 2919.23 of	1850
the Revised Code that would have been a violation of section	1851
2905.04 of the Revised Code as it existed prior to July 1, 1996,	1852
had the violation been committed prior to that date, or a	1853
violation of section 2925.11 of the Revised Code that is not a	1854
minor drug possession offense;	1855

(b) A violation of an existing or former law of this state,	1856
any other state, or the United States that is substantially	1857
equivalent to any of the offenses listed in division (A)(1)(a) of	1858
this section.	1859

(2) On receipt of a request pursuant to section 5123.081 of	1860
the Revised Code with respect to an applicant for employment in	1861
any position with the department of mental retardation and	1862
developmental disabilities, pursuant to section 5126.28 of the	1863
Revised Code with respect to an applicant for employment in any	1864
position with a county board of mental retardation and	1865
developmental disabilities, or pursuant to section 5126.281 of the	1866
Revised Code with respect to an applicant for employment in a	1867
direct services position with an entity contracting with a county	1868
board for employment, a completed form prescribed pursuant to	1869
division (C)(1) of this section, and a set of fingerprint	1870
impressions obtained in the manner described in division (C)(2) of	1871
this section, the superintendent of the bureau of criminal	1872
identification and investigation shall conduct a criminal records	1873
check. The superintendent shall conduct the criminal records check	1874
in the manner described in division (B) of this section to	1875
determine whether any information exists that indicates that the	1876
person who is the subject of the request has been convicted of or	1877
pleaded guilty to any of the following:	1878

(a) A violation of section 2903.01, 2903.02, 2903.03,	1879
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1880
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	1881
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	1882
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	1883
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	1884
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, or	1885
3716.11 of the Revised Code;	1886

(b) An existing or former municipal ordinance or law of this	1887
state, any other state, or the United States that is substantially	1888
equivalent to any of the offenses listed in division (A)(2)(a) of	1889
this section.	1890

(3) On receipt of a request pursuant to section 173.41,	1891
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed	1892
form prescribed pursuant to division (C)(1) of this section, and a	1893
set of fingerprint impressions obtained in the manner described in	1894
division (C)(2) of this section, the superintendent of the bureau	1895
of criminal identification and investigation shall conduct a	1896
criminal records check with respect to any person who has applied	1897
for employment in a position that involves providing direct care	1898
to an older adult. The superintendent shall conduct the criminal	1899
records check in the manner described in division (B) of this	1900
section to determine whether any information exists that indicates	1901
that the person who is the subject of the request previously has	1902
been convicted of or pleaded guilty to any of the following:	1903

(a) A violation of section 2903.01, 2903.02, 2903.03,	1904
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1905
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	1906
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	1907
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	1908
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	1909
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	1910
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	1911
2925.22, 2925.23, or 3716.11 of the Revised Code;	1912

(b) An existing or former law of this state, any other state,	1913
or the United States that is substantially equivalent to any of	1914
the offenses listed in division (A)(3)(a) of this section.	1915

(4) On receipt of a request pursuant to section 3701.881 of	1916
the Revised Code with respect to an applicant for employment with	1917
a home health agency as a person responsible for the care,	1918
custody, or control of a child, a completed form prescribed	1919
pursuant to division (C)(1) of this section, and a set of	1920
fingerprint impressions obtained in the manner described in	1921
division (C)(2) of this section, the superintendent of the bureau	1922
of criminal identification and investigation shall conduct a	1923
criminal records check. The superintendent shall conduct the	1924
criminal records check in the manner described in division (B) of	1925
this section to determine whether any information exists that	1926
indicates that the person who is the subject of the request	1927
previously has been convicted of or pleaded guilty to any of the	1928
following:	1929

(a) A violation of section 2903.01, 2903.02, 2903.03,	1930
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1931
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	1932
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	1933
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	1934
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	1935
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	1936
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	1937
violation of section 2925.11 of the Revised Code that is not a	1938
minor drug possession offense;	1939

(b) An existing or former law of this state, any other state,	1940
or the United States that is substantially equivalent to any of	1941
the offenses listed in division (A)(4)(a) of this section.	1942

(5) On receipt of a request pursuant to section 5111.95 or	1943
5111.96 of the Revised Code with respect to an applicant for	1944
employment with a waiver agency participating in a department of	1945
job and family services administered home and community-based	1946
waiver program or an independent provider participating in a	1947
department administered home and community-based waiver program in	1948
a position that involves providing home and community-based waiver	1949
services to consumers with disabilities, a completed form	1950
prescribed pursuant to division (C)(1) of this section, and a set	1951
of fingerprint impressions obtained in the manner described in	1952
division (C)(2) of this section, the superintendent of the bureau	1953
of criminal identification and investigation shall conduct a	1954
criminal records check. The superintendent shall conduct the	1955
criminal records check in the manner described in division (B) of	1956
this section to determine whether any information exists that	1957
indicates that the person who is the subject of the request	1958
previously has been convicted of or pleaded guilty to any of the	1959
following:	1960

(a) A violation of section 2903.01, 2903.02, 2903.03,	1961
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	1962
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	1963
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	1964
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	1965
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	1966
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	1967
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	1968
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	1969
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	1970
Revised Code, felonious sexual penetration in violation of former	1971
section 2907.12 of the Revised Code, a violation of section	1972
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	1973
violation of section 2919.23 of the Revised Code that would have	1974
been a violation of section 2905.04 of the Revised Code as it	1975
existed prior to July 1, 1996, had the violation been committed	1976
prior to that date;	1977

(b) An existing or former law of this state, any other state,	1978
or the United States that is substantially equivalent to any of	1979
the offenses listed in division (A)(5)(a) of this section.	1980

(6) On receipt of a request pursuant to section 3701.881 of	1981
the Revised Code with respect to an applicant for employment with	1982
a home health agency in a position that involves providing direct	1983
care to an older adult, a completed form prescribed pursuant to	1984
division (C)(1) of this section, and a set of fingerprint	1985
impressions obtained in the manner described in division (C)(2) of	1986
this section, the superintendent of the bureau of criminal	1987
identification and investigation shall conduct a criminal records	1988
check. The superintendent shall conduct the criminal records check	1989
in the manner described in division (B) of this section to	1990
determine whether any information exists that indicates that the	1991
person who is the subject of the request previously has been	1992
convicted of or pleaded guilty to any of the following:	1993

(a) A violation of section 2903.01, 2903.02, 2903.03,	1994
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1995
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	1996
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	1997
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	1998
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	1999
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	2000
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	2001
2925.22, 2925.23, or 3716.11 of the Revised Code;	2002

(b) An existing or former law of this state, any other state,	2003
or the United States that is substantially equivalent to any of	2004
the offenses listed in division (A)(5)(6)(a) of this section.	2005

(6)(7) When conducting a criminal records check upon a	2006
request pursuant to section 3319.39 of the Revised Code for an	2007
applicant who is a teacher, in addition to the determination made	2008
under division (A)(1) of this section, the superintendent shall	2009
determine whether any information exists that indicates that the	2010
person who is the subject of the request previously has been	2011
convicted of or pleaded guilty to any offense specified in section	2012
3319.31 of the Revised Code.	2013

(7)(8) When conducting a criminal records check on a request	2014
pursuant to section 2151.86 of the Revised Code for a person who	2015
is a prospective foster caregiver or who is eighteen years old or	2016
older and resides in the home of a prospective foster caregiver,	2017
the superintendent, in addition to the determination made under	2018
division (A)(1) of this section, shall determine whether any	2019
information exists that indicates that the person has been	2020
convicted of or pleaded guilty to a violation of:	2021

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

2022

(b) An existing or former law of this state, any other state,	2023
or the United States that is substantially equivalent to section	2024
2909.02 or 2909.03 of the Revised Code.	2025

(8)(9) Not later than thirty days after the date the	2026
superintendent receives the request, completed form, and	2027
fingerprint impressions, the superintendent shall send the person,	2028
board, or entity that made the request any information, other than	2029
information the dissemination of which is prohibited by federal	2030
law, the superintendent determines exists with respect to the	2031
person who is the subject of the request that indicates that the	2032
person previously has been convicted of or pleaded guilty to any	2033
offense listed or described in division (A)(1), (2), (3), (4),	2034
(5), (6), or (7), or (8) of this section, as appropriate. The	2035
superintendent shall send the person, board, or entity that made	2036
the request a copy of the list of offenses specified in division	2037
(A)(1), (2), (3), (4), (5), (6), or (7), or (8) of this section,	2038
as appropriate. If the request was made under section 3701.881 of	2039
the Revised Code with regard to an applicant who may be both	2040
responsible for the care, custody, or control of a child and	2041
involved in providing direct care to an older adult, the	2042
superintendent shall provide a list of the offenses specified in	2043
divisions (A)(4) and (5)(6) of this section.	2044

(B) The superintendent shall conduct any criminal records	2045
check requested under section 173.41, 2151.86, 3301.32, 3301.541,	2046
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012,	2047
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or	2048
5153.111 of the Revised Code as follows:	2049

(1) The superintendent shall review or cause to be reviewed	2050
any relevant information gathered and compiled by the bureau under	2051
division (A) of section 109.57 of the Revised Code that relates to	2052
the person who is the subject of the request, including any	2053
relevant information contained in records that have been sealed	2054
under section 2953.32 of the Revised Code;	2055

(2) If the request received by the superintendent asks for	2056
information from the federal bureau of investigation, the	2057
superintendent shall request from the federal bureau of	2058
investigation any information it has with respect to the person	2059
who is the subject of the request and shall review or cause to be	2060
reviewed any information the superintendent receives from that	2061
bureau.	2062

(C)(1) The superintendent shall prescribe a form to obtain	2063
the information necessary to conduct a criminal records check from	2064
any person for whom a criminal records check is required by	2065
section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	2066
3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96,	2067
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	2068
form that the superintendent prescribes pursuant to this division	2069
may be in a tangible format, in an electronic format, or in both	2070
tangible and electronic formats.	2071

(2) The superintendent shall prescribe standard impression	2072
sheets to obtain the fingerprint impressions of any person for	2073
whom a criminal records check is required by section 173.41,	2074
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	2075
3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	2076
5126.281, or 5153.111 of the Revised Code. Any person for whom a	2077
records check is required by any of those sections shall obtain	2078
the fingerprint impressions at a county sheriff's office,	2079
municipal police department, or any other entity with the ability	2080
to make fingerprint impressions on the standard impression sheets	2081
prescribed by the superintendent. The office, department, or	2082
entity may charge the person a reasonable fee for making the	2083
impressions. The standard impression sheets the superintendent	2084
prescribes pursuant to this division may be in a tangible format,	2085
in an electronic format, or in both tangible and electronic	2086
formats.	2087

(3) Subject to division (D) of this section, the	2088
superintendent shall prescribe and charge a reasonable fee for	2089
providing a criminal records check requested under section 173.41,	2090
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	2091
3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	2092
5126.281, or 5153.111 of the Revised Code. The person making a	2093
criminal records request under section 173.41, 2151.86, 3301.32,	2094
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	2095
5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281,	2096
or 5153.111 of the Revised Code shall pay the fee prescribed	2097
pursuant to this division. A person making a request under section	2098
3701.881 of the Revised Code for a criminal records check for an	2099
applicant who may be both responsible for the care, custody, or	2100
control of a child and involved in providing direct care to an	2101
older adult shall pay one fee for the request.	2102

(4) The superintendent of the bureau of criminal	2103
identification and investigation may prescribe methods of	2104
forwarding fingerprint impressions and information necessary to	2105
conduct a criminal records check, which methods shall include, but	2106
not be limited to, an electronic method.	2107

(D) A determination whether any information exists that	2108
indicates that a person previously has been convicted of or	2109
pleaded guilty to any offense listed or described in division	2110
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	2111
(b), (A)(5)(a) or (b), (A)(6), or (A)(7)(a) or (b), or (A)(8)(a)	2112
or (b) of this section that is made by the superintendent with	2113
respect to information considered in a criminal records check in	2114
accordance with this section is valid for the person who is the	2115
subject of the criminal records check for a period of one year	2116
from the date upon which the superintendent makes the	2117
determination. During the period in which the determination in	2118
regard to a person is valid, if another request under this section	2119
is made for a criminal records check for that person, the	2120
superintendent shall provide the information that is the basis for	2121
the superintendent's initial determination at a lower fee than the	2122
fee prescribed for the initial criminal records check.	2123

(E) As used in this section:

2124

(1) "Criminal records check" means any criminal records check	2125
conducted by the superintendent of the bureau of criminal	2126
identification and investigation in accordance with division (B)	2127
of this section.	2128

(2) "Home and community-based waiver services" and "waiver	2129
agency" have the same meanings as in section 5111.95 of the	2130
Revised Code.	2131

(3) "Independent provider" has the same meaning as in section	2132
5111.96 of the Revised Code.	2133

(4) "Minor drug possession offense" has the same meaning as	2134
in section 2925.01 of the Revised Code.	2135

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

2136

Sec. 109.71.  There is hereby created in the office of the	2137
attorney general the Ohio peace officer training commission. The	2138
commission shall consist of nine members appointed by the governor	2139
with the advice and consent of the senate and selected as follows:	2140
one member representing the public; two members who are incumbent	2141
sheriffs; two members who are incumbent chiefs of police; one	2142
member from the bureau of criminal identification and	2143
investigation; one member from the state highway patrol; one	2144
member who is the special agent in charge of a field office of the	2145
federal bureau of investigation in this state; and one member from	2146
the department of education, trade and industrial education	2147
services, law enforcement training.	2148

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

2149

(A) "Peace officer" means:

2150

(1) A deputy sheriff, marshal, deputy marshal, member of the	2151
organized police department of a township or municipal	2152
corporation, member of a township police district or joint	2153
township police district police force, member of a police force	2154
employed by a metropolitan housing authority under division (D) of	2155
section 3735.31 of the Revised Code, or township constable, who is	2156
commissioned and employed as a peace officer by a political	2157
subdivision of this state or by a metropolitan housing authority,	2158
and whose primary duties are to preserve the peace, to protect	2159
life and property, and to enforce the laws of this state,	2160
ordinances of a municipal corporation, resolutions of a township,	2161
or regulations of a board of county commissioners or board of	2162
township trustees, or any of those laws, ordinances, resolutions,	2163
or regulations;	2164

(2) A police officer who is employed by a railroad company	2165
and appointed and commissioned by the governor pursuant to	2166
sections 4973.17 to 4973.22 of the Revised Code;	2167

(3) Employees of the department of taxation engaged in the	2168
enforcement of Chapter 5743. of the Revised Codelaws the tax	2169
commissioner administers and designated by the tax commissioner	2170
for peace officer training for purposes of the delegation of	2171
investigation powers under section 5743.455703.58 of the Revised	2172
Code;	2173

(4) An undercover drug agent;

2174

(5) Enforcement agents of the department of public safety	2175
whom the director of public safety designates under section	2176
5502.14 of the Revised Code;	2177

(6) An employee of the department of natural resources who is	2178
a natural resources law enforcement staff officer designated	2179
pursuant to section 1501.013, a park officer designated pursuant	2180
to section 1541.10, a forest officer designated pursuant to	2181
section 1503.29, a preserve officer designated pursuant to section	2182
1517.10, a wildlife officer designated pursuant to section	2183
1531.13, or a state watercraft officer designated pursuant to	2184
section 1547.521 of the Revised Code;	2185

(7) An employee of a park district who is designated pursuant	2186
to section 511.232 or 1545.13 of the Revised Code;	2187

(8) An employee of a conservancy district who is designated	2188
pursuant to section 6101.75 of the Revised Code;	2189

(9) A police officer who is employed by a hospital that	2190
employs and maintains its own proprietary police department or	2191
security department, and who is appointed and commissioned by the	2192
governor pursuant to sections 4973.17 to 4973.22 of the Revised	2193
Code;	2194

(10) Veterans' homes police officers designated under section	2195
5907.02 of the Revised Code;	2196

(11) A police officer who is employed by a qualified	2197
nonprofit corporation police department pursuant to section	2198
1702.80 of the Revised Code;	2199

(12) A state university law enforcement officer appointed	2200
under section 3345.04 of the Revised Code or a person serving as a	2201
state university law enforcement officer on a permanent basis on	2202
June 19, 1978, who has been awarded a certificate by the executive	2203
director of the Ohio peace officer training commission attesting	2204
to the person's satisfactory completion of an approved state,	2205
county, municipal, or department of natural resources peace	2206
officer basic training program;	2207

(13) A special police officer employed by the department of	2208
mental health pursuant to section 5119.14 of the Revised Code or	2209
the department of mental retardation and developmental	2210
disabilities pursuant to section 5123.13 of the Revised Code;	2211

(14) A member of a campus police department appointed under	2212
section 1713.50 of the Revised Code;	2213

(15) A member of a police force employed by a regional	2214
transit authority under division (Y) of section 306.35 of the	2215
Revised Code;	2216

(16) Investigators appointed by the auditor of state pursuant	2217
to section 117.091 of the Revised Code and engaged in the	2218
enforcement of Chapter 117. of the Revised Code;	2219

(17) A special police officer designated by the	2220
superintendent of the state highway patrol pursuant to section	2221
5503.09 of the Revised Code or a person who was serving as a	2222
special police officer pursuant to that section on a permanent	2223
basis on October 21, 1997, and who has been awarded a certificate	2224
by the executive director of the Ohio peace officer training	2225
commission attesting to the person's satisfactory completion of an	2226
approved state, county, municipal, or department of natural	2227
resources peace officer basic training program;	2228

(18) A special police officer employed by a port authority	2229
under section 4582.04 or 4582.28 of the Revised Code or a person	2230
serving as a special police officer employed by a port authority	2231
on a permanent basis on May 17, 2000, who has been awarded a	2232
certificate by the executive director of the Ohio peace officer	2233
training commission attesting to the person's satisfactory	2234
completion of an approved state, county, municipal, or department	2235
of natural resources peace officer basic training program;	2236

(19) A special police officer employed by a municipal	2237
corporation who has been awarded a certificate by the executive	2238
director of the Ohio peace officer training commission for	2239
satisfactory completion of an approved peace officer basic	2240
training program and who is employed on a permanent basis on or	2241
after the effective date of this amendmentMarch 19, 2003, at a	2242
municipal airport, or other municipal air navigation facility,	2243
that has scheduled operations, as defined in section 119.3 of	2244
Title 14 of the Code of Federal Regulations, 14 C.F.R. 119.3, as	2245
amended, and that is required to be under a security program and	2246
is governed by aviation security rules of the transportation	2247
security administration of the United States department of	2248
transportation as provided in Parts 1542. and 1544. of Title 49 of	2249
the Code of Federal Regulations, as amended.	2250

(B) "Undercover drug agent" has the same meaning as in	2251
division (B)(2) of section 109.79 of the Revised Code.	2252

(C) "Crisis intervention training" means training in the use	2253
of interpersonal and communication skills to most effectively and	2254
sensitively interview victims of rape.	2255

(D) "Missing children" has the same meaning as in section	2256
2901.30 of the Revised Code.	2257

Sec. 117.101.  The auditor of state may establishshall	2258
provide, operate, and maintain a uniform and compatible	2259
computerized financial management and accounting system known as	2260
the uniform accounting network. Any suchThe network shall be	2261
designed to provide public offices, other than state agencies and	2262
the Ohio education computer network and public school districts,	2263
with efficient and economical access to data processing and	2264
management information facilities and expertise. In accordance	2265
with this objective, activities of the network shall include, but	2266
not be limited to, provision, maintenance, and operation of the	2267
following facilities and services:	2268

(A) A cooperative program of technical assistance for public	2269
offices, other than state agencies and the Ohio education computer	2270
network and public school districts, including, but not limited	2271
to, an adequate computer software system and a data base;	2272

(B) An information processing service center providing	2273
approved computerized financial accounting and reporting services	2274
to participating public offices.	2275

The auditor of state and any public office, other than a	2276
state agency and the Ohio education computer network and public	2277
school districts, may enter into any necessary agreements, without	2278
advertisement or bidding, for the provision of necessary goods,	2279
materials, supplies, and services to such public offices by the	2280
auditor of state through the network.	2281

The auditor of state may, by rule, provide for a system of	2282
user fees to be charged participating public offices for goods,	2283
materials, supplies, and services received from the network. All	2284
such fees shall be paid into the state treasury to the credit of	2285
the uniform accounting network fund, which is hereby created. The	2286
fund shall be used by the auditor of state to pay the costs of	2287
establishing and maintaining the network. The fund shall be	2288
assessed a proportionate share of the auditor of state's	2289
administrative costs in accordance with procedures prescribed by	2290
the auditor of state and approved by the director of budget and	2291
management.	2292

Sec. 117.16. (A) The auditor of state shall do all of the	2293
following:	2294

(1) Develop a force account project assessment form that each	2295
public office that undertakes force account projects shall use to	2296
estimate or report the cost of a force account project. The form	2297
shall include costs for employee salaries and benefits, any other	2298
labor costs, materials, freight, fuel, hauling, overhead expense,	2299
workers' compensation premiums, and all other items of cost and	2300
expense, including a reasonable allowance for the use of all tools	2301
and equipment used on or in connection with such work and for the	2302
depreciation on the tools and equipment.	2303

(2) Make the form available to public offices by any	2304
cost-effective, convenient method accessible to the auditor of	2305
state and the public offices;	2306

(3) When conducting an audit under this chapter of such a	2307
public office under this chapterthat undertakes force account	2308
projects, examine a sample of the forms and records of anya	2309
sampling of the force account project thatprojects the public	2310
office completed since an audit was last conducted, to determine	2311
compliance with theits force account limits and other force	2312
account provisions established by law. If the auditor of state	2313
finds a violation of the force account limits, the auditor of	2314
state shall conduct an audit of each force account project	2315
completed since an audit was last conducted.	2316

(B) If the auditor of state receives a complaint from any	2317
person that a public office has violated the force account limits	2318
established for that office, the auditor of state may conduct an	2319
audit in addition to the audit provided in section 117.11 of the	2320
Revised Code if the auditor of state has reasonable cause to	2321
believe that an additional audit is in the public interest.	2322

(C)(1) If the auditor of state finds that a county, township,	2323
or municipal corporation violated the force account limits	2324
established for that political subdivision, the auditor of state,	2325
in addition to any other action authorized by this chapter, shall	2326
notify the political subdivision that, for a period of one year	2327
from the date of the notification, the force account limits for	2328
the subdivision are reduced as follows:	2329

(a) For a county, the limits shall be ten thousand dollars	2330
per mile for construction or reconstruction of a road and forty	2331
thousand dollars for construction, reconstruction, maintenance, or	2332
repair of a bridge or culvert;	2333

(b) For a township, the limit shall be fifteen thousand	2334
dollars for maintenance and repair of a road or five thousand per	2335
mile for construction or reconstruction of a township road;	2336

(c) For a municipal corporation, the limit shall be ten	2337
thousand dollars for the construction, reconstruction, widening,	2338
resurfacing, or repair of a street or other public way.	2339

(2) If the auditor of state finds that a county, township, or	2340
municipal corporation violated the force account limits	2341
established for that political subdivision a second or subsequent	2342
time, the auditor of state, in addition to any other action	2343
authorized by this chapter, shall notify the political subdivision	2344
that, for a period of two years from the date of the notification,	2345
the force account limits for the subdivision are reduced in	2346
accordance with division (C)(1)(a), (b), or (c) of this section.	2347

(3) If the auditor of state finds that a county, township, or	2348
municipal corporation violated the force account limits	2349
established for that political subdivision a third or subsequent	2350
time, the subdivision shall pay the auditor of state shall certify	2351
to the tax commissioner an amount the auditor of state determines	2352
to be twenty per cent of the total cost of the force account	2353
project that is the basis of the violation. TheUpon receipt of	2354
this certification, the tax commissioner shall withhold the	2355
certified amount from any funds under the tax commissioner's	2356
control that are due or payable to that political subdivision. The	2357
tax commissioner shall promptly deposit this withheld amount to	2358
the credit of the highway operating fund created by section	2359
5735.291 of the Revised Code to be redistributed to local	2360
governments that have not violated their force account limits.	2361

If the tax commissioner determines that no funds are due and	2362
payable to the violating political subdivision or that	2363
insufficient amounts of such funds are available to cover the	2364
entire certified amount, the tax commissioner shall withhold and	2365
deposit to the credit of the highway operating fund any amount	2366
available and certify the remaining amount to be withheld to the	2367
county auditor of the county in which the political subdivision is	2368
located. The county auditor shall withhold from that political	2369
subdivision any amount, up to that certified by the tax	2370
commissioner, that is available from any funds under the county	2371
auditor's control, that is due or payable to that political	2372
subdivision, and that can be lawfully withheld. The county auditor	2373
shall promptly pay that withheld amount to the tax commissioner	2374
for deposit into the highway operating fund and redistribution to	2375
local governments that have not violated their force account	2376
limits.	2377

The tax commissioner shall make a distribution from the	2378
highway operating fund to local governments that have not violated	2379
their force account limits at least once every six months.	2380

The payments required under division (C)(3) of this section	2381
are in addition to the force account limit reductions under	2382
described in division (C)(2) of this section and also are in	2383
addition to any other action authorized by this chapter. The	2384
auditor of state shall certify any money due under division (C)(3)	2385
of this section for collection in accordance with division (D) of	2386
section 117.13 of the Revised Code.	2387

(D) If the auditor of state finds that a county, township, or	2388
municipal corporation violated its force account limitlimits when	2389
participating in a joint force account project, the auditor of	2390
state shall impose the reduction in force account limits under	2391
division (C) of this section on all entities participating in the	2392
joint project.	2393

(E) As used in this section, "force account limits" means any	2394
of the following, as applicable:	2395

(1) For a county, the amounts established in section 5543.19	2396
of the Revised Code;	2397

(2) For a township, the amounts established in section	2398
5575.01 of the Revised Code;	2399

(3) For a municipal corporation, the amount established in	2400
section 723.52 of the Revised Code;	2401

(4) For the department of transportation, the amount	2402
established in section 5517.02 of the Revised Code.	2403

Sec. 117.44.  To enhance local officials' background and	2404
working knowledge of government accounting, budgeting and	2405
financing, financial report preparation, and the rules adopted by	2406
the auditor of state, the auditor of state shall hold training	2407
programs for persons elected for the first time as township	2408
clerks, city auditors, and village clerks, between the first day	2409
of December and the fifteenthfirst day of FebruaryApril	2410
immediately following a general election for any of these offices.	2411
Similar training may also be provided to any township clerk, city	2412
auditor, or village clerk who is appointed to fill a vacancy or	2413
who is elected in a special election.	2414

The auditor of state also shall develop and provide an annual	2415
training program of continuing education for village clerks.	2416

The auditor of state shall determine the manner, content, and	2417
length of the training programs after consultation with	2418
appropriate statewide organizations of local governmental	2419
officials. The auditor of state shall charge the political	2420
subdivisions that the trainees represent a registration fee that	2421
will meet actual and necessary expenses of the training, including	2422
instructor fees, site acquisition costs, and the cost of course	2423
materials. The necessary personal expenses incurred by the	2424
officials as a result of attending the training program shall be	2425
borne by the political subdivisions they represent.	2426

The auditor of state shall allow any other interested person	2427
to attend any of the training programs that the auditor of state	2428
holds pursuant to this section; provided, that before attending	2429
any such training program, the interested person shall pay to the	2430
auditor of state the full registration fee that the auditor of	2431
state has set for the training program.	2432

The auditor of state may provide any other appropriate	2433
training or educational programs that may be developed and offered	2434
by the auditor of state or in collaboration with one or more other	2435
state agencies, political subdivisions, or other public or private	2436
entities.	2437

There is hereby established in the state treasury the auditor	2438
of state training program fund, to be used by the auditor of state	2439
for the actual and necessary expenses of any training programs	2440
held pursuant to this section, section 117.441, or section 321.46	2441
of the Revised Code. All registration fees collected under this	2442
section shall be paid into the fund.	2443

Sec. 117.45.  (A) The auditor of state shall draw warrants	2444
against the treasurer of state pursuant to all requests for	2445
payment that the director of budget and management has approved	2446
under section 126.07 of the Revised Code.	2447

(B) Unless the director of job and family services has	2448
provided for the making of payments by electronic benefit	2449
transfer, if a financial institution and account have been	2450
designated by the participant or recipient, payment by the auditor	2451
of state to a participant in the Ohio works first program pursuant	2452
to Chapter 5107. of the Revised Code or a recipient of disability	2453
financial assistance pursuant to Chapter 5115. of the Revised Code	2454
shall be made by direct deposit to the account of the participant	2455
or recipient in the financial institution. Payment by the auditor	2456
of state to a recipient of benefits distributed through the medium	2457
of electronic benefit transfer pursuant to section 5101.33 of the	2458
Revised Code shall be by electronic benefit transfer. Payment by	2459
the auditor of state as compensation to an employee of the state	2460
who has, pursuant to section 124.151 of the Revised Code,	2461
designated a financial institution and account for the direct	2462
deposit of such payments shall be made by direct deposit to the	2463
account of the employee. Payment to any other payee who has	2464
designated a financial institution and account for the direct	2465
deposit of such payment may be made by direct deposit to the	2466
account of the payee in the financial institution as provided in	2467
section 9.37 of the Revised Code. The auditor of state shall	2468
contract with an authorized financial institution for the services	2469
necessary to make direct deposits or electronic benefit transfers	2470
under this division and draw lump sum warrants payable to that	2471
institution in the amount to be transferred. Accounts maintained	2472
by the auditor of state or the auditor of state's agent in a	2473
financial institution for the purpose of effectuating payment by	2474
direct deposit or electronic benefit transfer shall be maintained	2475
in accordance with section 135.18 of the Revised Code.	2476

(C) All other payments from the state treasury shall be made	2477
by paper warrants or by direct deposit payable to the respective	2478
payees. The auditor of state may mail the paper warrants to the	2479
respective payees or distribute them through other state agencies,	2480
whichever the auditor of state determines to be the better	2481
procedure.	2482

(D) If the average per transaction cost the auditor of state	2483
incurs in making direct deposits for a state agency exceeds the	2484
average per transaction cost the auditor of state incurs in	2485
drawing paper warrants for all public offices during the same	2486
period of time, the auditor of state may certify the difference in	2487
cost and the number of direct deposits for the agency to the	2488
director of administrative services. The director shall reimburse	2489
the auditor of state for such additional costs and add the amount	2490
to the processing charge assessed upon the state agency.	2491

Sec. 119.035.  An agency may appoint an advisory committee to	2492
advise the agency concerning its development of a rule, amendment,	2493
or rescission, and may otherwise consult with persons representing	2494
interests that would be affected by the rule, amendment, or	2495
rescission were it actually to be proposed and adopted. Upon an	2496
agency's request, the executive director or another officer or	2497
employee of the Ohio commission on dispute resolution and conflict	2498
management may serve as a group facilitator for, but not as a	2499
member of, such an advisory committee.	2500

Sec. 121.04.  Offices are created within the several	2501
departments as follows:	2502

In the department of commerce:

2503

In the department of administrative services:

2512

In the department of agriculture:

2515

Chiefs of divisions as follows:

2516

In the department of natural resources:

2528

Chiefs of divisions as follows:

2529

In the department of insurance:

2543

Sec. 121.08.  (A) There is hereby created in the department	2548
of commerce the position of deputy director of administration.	2549
This officer shall be appointed by the director of commerce, serve	2550
under the director's direction, supervision, and control, perform	2551
such duties as the director prescribes, and hold office during the	2552
director's pleasure. The director of commerce may designate an	2553
assistant director of commerce to serve as the deputy director of	2554
administration. The deputy director of administration shall	2555
perform such duties as are prescribed by the director of commerce	2556
in supervising the activities of the division of administration of	2557
the department of commerce.	2558

(B) Except as provided in section 121.07 of the Revised Code,	2559
the department of commerce shall have all powers and perform all	2560
duties vested in the deputy director of administration, the state	2561
fire marshal, the superintendent of financial institutions, the	2562
superintendent of real estate and professional licensing, the	2563
superintendent of liquor control, the superintendent of the	2564
division of industrial compliance, the superintendent of labor and	2565
worker safety, and the commissioner of securities, and shall have	2566
all powers and perform all duties vested by law in all officers,	2567
deputies, and employees of such offices. Except as provided in	2568
section 121.07 of the Revised Code, wherever powers are conferred	2569
or duties imposed upon any of such officers, such powers and	2570
duties shall be construed as vested in the department of commerce.	2571

(C)(1) There is hereby created in the department of commerce	2572
a division of financial institutions, which shall have all powers	2573
and perform all duties vested by law in the superintendent of	2574
financial institutions. Wherever powers are conferred or duties	2575
imposed upon the superintendent of financial institutions, such	2576
powers and duties shall be construed as vested in the division of	2577
financial institutions. The division of financial institutions	2578
shall be administered by a superintendent of financial	2579
institutions.	2580

(2) All provisions of law governing the superintendent of	2581
financial institutions shall apply to and govern the	2582
superintendent of financial institutions provided for in this	2583
section; all authority vested by law in the superintendent of	2584
financial institutions with respect to the management of the	2585
division of financial institutions shall be construed as vested in	2586
the superintendent of financial institutions created by this	2587
section with respect to the division of financial institutions	2588
provided for in this section; and all rights, privileges, and	2589
emoluments conferred by law upon the superintendent of financial	2590
institutions shall be construed as conferred upon the	2591
superintendent of financial institutions as head of the division	2592
of financial institutions. The director of commerce shall not	2593
transfer from the division of financial institutions any of the	2594
functions specified in division (C)(2) of this section.	2595

(D) Beginning on July 1, 1997, there is hereby created in the	2596
department of commerce a division of liquor control, which shall	2597
have all powers and perform all duties vested by law in the	2598
superintendent of liquor control. Wherever powers are conferred or	2599
duties are imposed upon the superintendent of liquor control,	2600
those powers and duties shall be construed as vested in the	2601
division of liquor control. The division of liquor control shall	2602
be administered by a superintendent of liquor control.	2603

(E) The director of commerce shall not be interested,	2604
directly or indirectly, in any firm or corporation which is a	2605
dealer in securities as defined in sections 1707.01 and 1707.14 of	2606
the Revised Code, or in any firm or corporation licensed under	2607
sections 1321.01 to 1321.19 of the Revised Code.	2608

(F) The director of commerce shall not have any official	2609
connection with a savings and loan association, a savings bank, a	2610
bank, a bank holding company, a savings and loan association	2611
holding company, a consumer finance company, or a credit union	2612
that is under the supervision of the division of financial	2613
institutions, or a subsidiary of any of the preceding entities, or	2614
be interested in the business thereof.	2615

(G) There is hereby created in the state treasury the	2616
division of administration fund. The fund shall receive	2617
assessments on the operating funds of the department of commerce	2618
in accordance with procedures prescribed by the director of	2619
commerce and approved by the director of budget and management.	2620
All operating expenses of the division of administration shall be	2621
paid from the division of administration fund.	2622

(H) There is hereby created in the department of commerce a	2623
division of real estate and professional licensing, which shall be	2624
under the control and supervision of the director of commerce. The	2625
division of real estate and professional licensing shall be	2626
administered by a superintendent of real estate and professional	2627
licensing. The superintendent of real estate and professional	2628
licensing shall exercise the powers and perform the functions and	2629
duties delegated to the superintendent under Chapters 4707.,	2630
4735., 4749., 4763., and 4767. of the Revised Code.	2631

(I) There is hereby created in the department of commerce a	2632
division of labor and worker safety, which shall have all powers	2633
and perform all duties vested by law in the superintendent of	2634
labor and worker safety. Wherever powers are conferred or duties	2635
imposed upon the superintendent of labor and worker safety, such	2636
powers and duties shall be construed as vested in the division of	2637
labor and worker safety. The division of labor and worker safety	2638
is under the control and supervision of the director of commerce,	2639
and administered by a superintendent of labor and worker safety.	2640
The superintendent of labor and worker safety shall exercise the	2641
powers and perform the duties delegated to the superintendent by	2642
the director under Chapters 4709.4109., 4711.4111., 4715.4115.,	2643
and 4767.4167. of the Revised Code.	2644

Sec. 121.084.  (A) All moneys collected under sections	2645
1333.96, 3783.05, 3791.07, 4104.07, 4104.18, 4104.42, 4104.44,	2646
4104.45, 4105.17, 4105.20, 4169.03, 4171.04, and 5104.051 of the	2647
Revised Code, and any other moneys collected by the division of	2648
industrial compliance shall be paid into the state treasury to the	2649
credit of the industrial compliance operating fund, which is	2650
hereby created. The department of commerce shall use the moneys in	2651
the fund for paying the operating expenses of the division and the	2652
administrative assessment described in division (B) of this	2653
section.	2654

(B) The director of commerce, with the approval of the	2655
director of budget and management, shall prescribe procedures for	2656
assessing the industrial compliance operating fund a proportionate	2657
share of the administrative costs of the department of commerce.	2658
The assessment shall be made in accordance with those procedures	2659
and be paid from the industrial compliance operating fund to the	2660
division of administration fund created in section 121.08 of the	2661
Revised Code.	2662

Sec. 121.36. (A) As used in this section, "home care	2663
dependent adult" means an individual who resides in a private home	2664
or other noninstitutional and unlicensed living arrangement,	2665
without the presence of a parent or guardian, but has health and	2666
safety needs that require the provision of regularly scheduled	2667
home care services to remain in the home or other living	2668
arrangement because one of the following is the case:	2669

(1) The individual is at least twenty-one years of age but	2670
less than sixty years of age and has a disability.	2671

(2) The individual is sixty years of age or older, regardless	2672
of whether the individual has a disability.	2673

(B) Except as provided in division (D) of this section, the	2674
departments of mental retardation and developmental disabilities,	2675
aging, job and family services, and health shall each implement	2676
this section with respect to all contracts entered into by the	2677
department for the provision of home care services to home care	2678
dependent adults that are paid for in whole or in part with	2679
federal, state, or local funds. Except as provided in division (D)	2680
of this section, each department shall also require all public and	2681
private entities that receive money from or through the department	2682
to comply with this section when entering into contracts for the	2683
provision of home care services to home care dependent adults that	2684
are paid for in whole or in part with federal, state, or local	2685
funds. Such entities may include county boards of mental	2686
retardation and developmental disabilities, area agencies on	2687
aging, county departments of job and family services, and boards	2688
of health of city and general health districts.	2689

(C) Beginning one year after the effective date of this	2690
section, each contract subject to this section shall include terms	2691
requiring that the provider of home care services to home care	2692
dependent adults have a system in place that effectively monitors	2693
whether the provider's employees are present at the location where	2694
the services are to be provided and at the time the services are	2695
to be provided. To be considered an effective monitoring system	2696
for purposes of the contract, the system established by a provider	2697
must include at least the following components:	2698

(1) A mechanism for verifying whether the provider's	2699
employees are providing home care services at the location where	2700
the services are to be provided and at the time the services are	2701
to be provided;	2702

(2) A protocol to be followed in scheduling a substitute	2703
employee when the monitoring mechanism identifies that an employee	2704
has failed to provide home care services at the proper location	2705
and time, including standards for determining the length of time	2706
that may elapse without jeopardizing the health and safety of the	2707
home care dependent adult;	2708

(3) Procedures for maintaining records of the information	2709
obtained through the monitoring mechanism;	2710

(4) Procedures for compiling notarized annual reports of the	2711
information obtained through the monitoring mechanism, including	2712
statistics on the rate at which home care services were provided	2713
at the proper location and time;	2714

(5) Procedures for conducting random checks of the accuracy	2715
of the monitoring system. For purposes of conducting these checks,	2716
random is considered not less than five nor more than fifteen per	2717
cent of the home care visits the provider's employees make to	2718
different home care dependent adults within a particular work	2719
shift.	2720

(D) In implementing this section, the departments shall	2721
exempt providers of home care services who are self-employed	2722
providers with no other employees or are otherwise considered by	2723
the departments not to be agency providers. The departments shall	2724
conduct a study on how the exempted providers may be made subject	2725
to the requirement of effectively monitoring whether home care	2726
services are being provided at the location where the services are	2727
to be provided and at the time the services are to be provided.	2728
Not later than two years after the effective date of this section,	2729
the departments shall prepare a report of their findings and	2730
recommendations. The report shall be submitted to the president of	2731
the senate and the speaker of the house of representatives.	2732

(E) The departments of mental retardation and developmental	2733
disabilities, aging, job and family services, and health shall	2734
each adopt rules as necessary to implement this section. The rules	2735
shall be adopted in accordance with Chapter 119. of the Revised	2736
Code.	2737

Sec. 121.41.  As used in sections 121.41 to 121.50 of the	2738
Revised Code:	2739

(A) "Appropriate ethics commission" has the same meaning as	2740
in section 102.01 of the Revised Code.	2741

(B) "Appropriate licensing agency" means a public or private	2742
entity that is responsible for licensing, certifying, or	2743
registering persons who are engaged in a particular vocation.	2744

(C) "Person" has the same meaning as in section 1.59 of the	2745
Revised Code and also includes any officer or employee of the	2746
state or any political subdivision of the state.	2747

(D)(1) "State agency" has the same meaning as in section 1.60	2748
of the Revised Code butand also includes any of the following:	2749

(a) The Ohio retirement study council;

2750

(b) The public employees retirement system, state teachers	2751
retirement system, school employees retirement system, Ohio police	2752
and fire pension fund, and state highway patrol retirement system;	2753

(c) The Ohio historical society.

2754

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

2755

(1)(a) The general assembly;

2756

(2)(b) Any court;

2757

(3)(c) The secretary of state, auditor of state, treasurer of	2758
state, or attorney general and their respective offices.	2759

(E) "State employee" means any person who is an employee of a	2760
state agency or any person who does business with the state.	2761

(F) "State officer" means any person who is elected or	2762
appointed to a public office in a state agency.	2763

(G) "Wrongful act or omission" means an act or omission,	2764
committed in the course of office holding or employment, that is	2765
not in accordance with the requirements of law or suchthe	2766
standards of proper governmental conduct asthat are commonly	2767
accepted in the community and thereby subverts, or tends to	2768
subvert, the process of government.	2769

Sec. 121.48.  There is hereby created the office of the	2770
inspector general, to be headed by the inspector general.	2771

The governor shall appoint the inspector general, subject to	2772
section 121.49 of the Revised Code and the advice and consent of	2773
the senate. The inspector general shall hold office for a term	2774
coinciding with the term of the appointing governor. The governor	2775
may remove the inspector general from office only after delivering	2776
written notice to the inspector general of the reasons for which	2777
hethe governor intends to remove himthe inspector general from	2778
office and providing himthe inspector general with an opportunity	2779
to appear and show cause why hethe inspector general should not	2780
be removed.	2781

In addition to the duties imposed by section 121.42 of the	2782
Revised Code, the inspector general shall manage the office of the	2783
inspector general. The inspector general shall establish and	2784
maintain offices in Columbus.	2785

The inspector general may appoint one or more deputy	2786
inspectors general. Each deputy inspector general shall serve for	2787
a term coinciding with the term of the appointing inspector	2788
general, and shall perform suchthe duties, including the	2789
performance of investigations, asthat are assigned by the	2790
inspector general. All deputy inspectors general are in the	2791
unclassified service and serve at the pleasure of the inspector	2792
general.	2793

In addition to deputy inspectors general, the inspector	2794
general may appoint such professional, technical, and clerical	2795
employees asthat are necessary for the effective and efficient	2796
operation of the office of the inspector general. All	2797
professional, technical, and clerical employees of the office of	2798
the inspector general are in the unclassified service and serve at	2799
the pleasure of the appointing inspector general.	2800

The inspector general may enter into any contracts that are	2801
necessary to the operation of the office of the inspector general.	2802
The contracts may include, but are not limited to, contracts for	2803
the services of persons who are experts in a particular field and	2804
whose expertise is necessary to the successful completion of an	2805
investigation.	2806

The inspector general may enter into agreements with state	2807
agencies for reimbursement of the costs of investigations by the	2808
inspector general under section 121.42 of the Revised Code and may	2809
accept from private parties reimbursement of the costs of	2810
investigations by the inspector general that result in judicial or	2811
administrative proceedings against the parties.	2812

Not later than the first day of March in each year, the	2813
inspector general shall publish an annual report summarizing the	2814
activities of histhe inspector general's office during the	2815
previous calendar year. The annual report shall not disclose the	2816
results of any investigation insofar as the results are designated	2817
as confidential under section 121.44 of the Revised Code.	2818

The inspector general shall provide copies of histhe	2819
inspector general's annual report to the governor and the general	2820
assembly. The inspector general also shall provide a copy of his	2821
the annual report to any other person who requests the copy and	2822
pays a fee prescribed by the inspector general. The fee shall not	2823
exceed the cost of reproducing and delivering the annual report.	2824

Sec. 121.482. There is hereby created in the state treasury	2825
the inspector general reimbursement fund. All amounts received by	2826
the inspector general under section 121.48 of the Revised Code as	2827
reimbursement of the costs of investigation shall be paid into the	2828
state treasury to the credit of the fund. Money in the fund shall	2829
be used for the expenses of the office of the inspector general.	2830

Sec. 121.62.  (A) Each executive agency lobbyist and each	2831
employer shall file with the joint legislative ethics committee,	2832
within ten days following the engagement of an executive agency	2833
lobbyist, an initial registration statement showing all of the	2834
following:	2835

(1) The name, business address, and occupation of the	2836
executive agency lobbyist;	2837

(2) The name and business address of the employer or of the	2838
real party in interest on whose behalf the executive agency	2839
lobbyist is acting, if it is different from the employer. For the	2840
purposes of division (A) of this section, where a trade	2841
association or other charitable or fraternal organization that is	2842
exempt from federal income taxation under subsection 501(c) of the	2843
federal Internal Revenue Code is the employer, the statement need	2844
not list the names and addresses of every member of the	2845
association or organization, so long as the association or	2846
organization itself is listed.	2847

(3) A brief description of the executive agency decision to	2848
which the engagement relates;	2849

(4) The name of the executive agency or agencies to which the	2850
engagement relates.	2851

(B) In addition to the initial registration statement	2852
required by division (A) of this section, each executive agency	2853
lobbyist and employer shall file with the joint committee, not	2854
later than the last day of January, May, and September of each	2855
year, an updated registration statement that confirms the	2856
continuing existence of each engagement described in an initial	2857
registration statement and that lists the specific executive	2858
agency decisions that the lobbyist sought to influence under the	2859
engagement during the period covered by the updated statement, and	2860
with it any statement of expenditures required to be filed by	2861
section 121.63 of the Revised Code and any details of financial	2862
transactions required to be filed by section 121.64 of the Revised	2863
Code.	2864

(C) If an executive agency lobbyist is engaged by more than	2865
one employer, the lobbyist shall file a separate initial and	2866
updated registration statement for each engagement. If an employer	2867
engages more than one executive agency lobbyist, the employer need	2868
file only one updated registration statement under division (B) of	2869
this section, which shall contain the information required by	2870
division (B) of this section regarding all of the executive agency	2871
lobbyists engaged by the employer.	2872

(D)(1) A change in any information required by division	2873
(A)(1), (2), or (B) of this section shall be reflected in the next	2874
updated registration statement filed under division (B) of this	2875
section.	2876

(2) Within thirty days following the termination of an	2877
engagement, the executive agency lobbyist who was employed under	2878
the engagement shall send written notification of the termination	2879
to the joint committee.	2880

(E) A registration fee of tentwenty-five dollars shall be	2881
charged for filing an initial registration statement. All money	2882
collected from this fee shall be deposited into the state treasury	2883
to the credit of the joint legislative ethics committee fund	2884
created under section 101.34 of the Revised Codegeneral revenue	2885
fund of the state.	2886

(F) Upon registration pursuant to this section, an executive	2887
agency lobbyist shall be issued a card by the joint committee	2888
showing that the lobbyist is registered. The registration card and	2889
the executive agency lobbyist's registration shall be valid from	2890
the date of their issuance until the thirty-first day of January	2891
of the year following the year in which the initial registration	2892
was filed.	2893

(G) The executive director of the joint committee shall be	2894
responsible for reviewing each registration statement filed with	2895
the joint committee under this section and for determining whether	2896
the statement contains all of the required information. If the	2897
joint committee determines that the registration statement does	2898
not contain all of the required information or that an executive	2899
agency lobbyist or employer has failed to file a registration	2900
statement, the joint committee shall send written notification by	2901
certified mail to the person who filed the registration statement	2902
regarding the deficiency in the statement or to the person who	2903
failed to file the registration statement regarding the failure.	2904
Any person so notified by the joint committee shall, not later	2905
than fifteen days after receiving the notice, file a registration	2906
statement or an amended registration statement that contains all	2907
of the required information. If any person who receives a notice	2908
under this division fails to file a registration statement or such	2909
an amended registration statement within this fifteen-day period,	2910
the joint committee shall notify the attorney general, who may	2911
take appropriate action as authorized by section 121.69 of the	2912
Revised Codeassess a late filing fee equal to twelve dollars and	2913
fifty cents per day, up to a maximum fee of one hundred dollars,	2914
upon that person. The joint committee may waive the late filing	2915
fee for good cause shown.	2916

If the joint committee notifies the attorney general pursuant	2917
to this division, the joint committee shall also notify each	2918
elected executive official and the director of each department	2919
created under section 121.02 of the Revised Code of the pending	2920
investigation.	2921

(H) On or before the fifteenth day of March of each year, the	2922
joint committee shall, in the manner and form that it determines,	2923
publish a report containing statistical information on the	2924
registration statements filed with it under this section during	2925
the preceding year.	2926

(I) If an employer who engages an executive agency lobbyist	2927
is the recipient of a contract, grant, lease, or other financial	2928
arrangement pursuant to which funds of the state or of an	2929
executive agency are distributed or allocated, the executive	2930
agency or any aggrieved party may consider the failure of the	2931
employer or the executive agency lobbyist to comply with this	2932
section as a breach of a material condition of the contract,	2933
grant, lease, or other financial arrangement.	2934

(J) Executive agency officials may require certification from	2935
any person seeking the award of a contract, grant, lease, or	2936
financial arrangement that the person and histhe person's	2937
employer are in compliance with this section.	2938

Sec. 122.011.  (A) The department of development shall	2939
develop and promote plans and programs designed to assure that	2940
state resources are efficiently used, economic growth is properly	2941
balanced, community growth is developed in an orderly manner, and	2942
local governments are coordinated with each other and the state,	2943
and for such purposes may do all of the following:	2944

(1) Serve as a clearinghouse for information, data, and other	2945
materials that may be helpful or necessary to persons or local	2946
governments, as provided in section 122.07 of the Revised Code;	2947

(2) Prepare and activate plans for the retention,	2948
development, expansion, and use of the resources and commerce of	2949
the state, as provided in section 122.04 of the Revised Code;	2950

(3) Assist and cooperate with federal, state, and local	2951
governments and agencies of federal, state, and local governments	2952
in the coordination of programs to carry out the functions and	2953
duties of the department;	2954

(4) Encourage and foster research and development activities,	2955
conduct studies related to the solution of community problems, and	2956
develop recommendations for administrative or legislative actions,	2957
as provided in section 122.03 of the Revised Code;	2958

(5) Serve as the economic and community development planning	2959
agency, which shall prepare and recommend plans and programs for	2960
the orderly growth and development of this state and which shall	2961
provide planning assistance, as provided in section 122.06 of the	2962
Revised Code;	2963

(6) Cooperate with and provide technical assistance to state	2964
departments, political subdivisions, regional and local planning	2965
commissions, tourist associations, councils of government,	2966
community development groups, community action agencies, and other	2967
appropriate organizations for carrying out the functions and	2968
duties of the department or for the solution of community	2969
problems;	2970

(7) Coordinate the activities of state agencies that have an	2971
impact on carrying out the functions and duties of the department;	2972

(8) Encourage and assist the efforts of and cooperate with	2973
local governments to develop mutual and cooperative solutions to	2974
their common problems that relate to carrying out the purposes of	2975
this section;	2976

(9) Study existing structure, operations, and financing of	2977
regional or local government and those state activities that	2978
involve significant relations with regional or local governmental	2979
units, recommend to the governor and to the general assembly such	2980
changes in these provisions and activities as will improve the	2981
operations of regional or local government, and conduct other	2982
studies of legal provisions that affect problems related to	2983
carrying out the purposes of this section;	2984

(10) Appoint, with the approval of the governor, technical	2985
and other advisory councils as it considers appropriate, as	2986
provided in section 122.09 of the Revised Code;	2987

(11) Create and operate a division of community development	2988
to develop and administer programs and activities that are	2989
authorized by federal statute or the Revised Code;	2990

(12) Until July 1, 2003October 15, 2005, establish fees and	2991
charges, in consultation with the director of agriculture, for	2992
purchasing loans from financial institutions and providing loan	2993
guarantees under the family farm loan program created under	2994
sections 901.80 to 901.83 of the Revised Code;	2995

(13) Provide loan servicing for the loans purchased and loan	2996
guarantees provided under section 901.80 of the Revised Code as	2997
that section existed prior to July 1, 2003October 15, 2005;	2998

(14) Until July 1, 2003October 15, 2005, and upon approval	2999
by the controlling board under division (A)(3) of section 901.82	3000
of the Revised Code of the release of money to be used for	3001
purchasing a loan or providing a loan guarantee, request the	3002
release of that money in accordance with division (B) of section	3003
166.03 of the Revised Code for use for the purposes of the fund	3004
created by section 166.031 of the Revised Code.	3005

(B) The director of development may request the attorney	3006
general to, and the attorney general, in accordance with section	3007
109.02 of the Revised Code, shall bring a civil action in any	3008
court of competent jurisdiction. The director may be sued in the	3009
director's official capacity, in connection with this chapter, in	3010
accordance with Chapter 2743. of the Revised Code.	3011

Sec. 122.04.  The department of development shall do the	3012
following:	3013

(A) Maintain a continuing evaluation of the sources available	3014
for the retention, development, or expansion of industrial and	3015
commercial facilities in this state through both public and	3016
private agencies;	3017

(B) Assist public and private agencies in obtaining	3018
information necessary to evaluate the desirability of the	3019
retention, construction, or expansion of industrial and commercial	3020
facilities in the state;	3021

(C) Facilitate contracts between community improvement	3022
corporations organized under Chapter 1724. of the Revised Code or	3023
Ohio development corporations organized under Chapter 1726. of the	3024
Revised Code and industrial and commercial concerns seeking to	3025
locate or expand in Ohiothe state;	3026

(D) Upon request, consult with public agencies or authorities	3027
in the preparation of studies of human and economic needs or	3028
advantages relating to economic and community development;	3029

(E) Encourage, promote, and assist trade and commerce between	3030
this state and foreign nations;	3031

(F) Promote and encourage persons to visit and travel within	3032
this state;	3033

(G) Maintain membership in the national association of state	3034
development agencies;	3035

(H) Assist in the development of facilities and technologies	3036
that will lead to increased, environmentally sound use of Ohio	3037
coal;	3038

(I) Promote economic growth in the state.

3039

Sec. 122.041.  The director of development shall do all of	3040
the following with regard to the encouraging diversity, growth,	3041
and equity program created under section 123.152 of the Revised	3042
Code:	3043

(A) Conduct outreach, marketing, and recruitment of EDGE	3044
business enterprises, as defined in that section;	3045

(B) Provide assistance to the department of administrative	3046
services, as needed, to certify new EDGE business enterprises and	3047
to train appropriate state agency staff;	3048

(C) Provide business development services to EDGE business	3049
enterprises in the developmental and transitional stages of the	3050
program, including financial and bonding assistance and management	3051
and technical assistance;	3052

(D) Develop a mentor program to bring businesses into a	3053
working relationship with EDGE business enterprises in a way that	3054
commercially benefits both entities and serves the purpose of the	3055
EDGE program;	3056

(E) Not later than December 31, 2003, prepare and submit to	3057
the governor a detailed report outlining and evaluating the	3058
progress made in implementing the encouraging diversity, growth,	3059
and equity program;	3060

(F) Establish processes by which an EDGE business enterprise	3061
may apply for contract assistance, financial and bonding	3062
assistance, management and technical assistance, and mentoring	3063
opportunities.	3064

Sec. 122.08.  (A) There is hereby created within the	3065
department of development an office to be known as the office of	3066
small business. The office shall be under the supervision of a	3067
manager appointed by the director of development.	3068

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

3069

(1) Act as liaison between the small business community and	3070
state governmental agencies;	3071

(2) Furnish information and technical assistance to persons	3072
and small businesses concerning the establishment and maintenance	3073
of a small business, and concerning state laws and rules relevant	3074
to the operation of a small business. In conjunction with these	3075
duties, the office shall keep a record of all state agency rules	3076
affecting individuals, small businesses, or small organizations,	3077
as defined in section 121.24 of the Revised Code, and may testify	3078
before the joint committee on agency rule review concerning any	3079
proposed rule affecting individuals, small businesses, or small	3080
organizations.	3081

(3) Prepare and publish the small business register under	3082
section 122.081 of the Revised Code;	3083

(4) Receive complaints from small businesses concerning	3084
governmental activity, compile and analyze those complaints, and	3085
periodically make recommendations to the governor and the general	3086
assembly on changes in state laws or agency rules needed to	3087
eliminate burdensome and unproductive governmental regulation to	3088
improve the economic climate within which small businesses	3089
operate;	3090

(5) Receive complaints or questions from small businesses and	3091
direct suchthose businesses to the appropriate governmental	3092
agency. If, within a reasonable period of time, a complaint is not	3093
satisfactorily resolved or a question is not satisfactorily	3094
answered, the office shall, on behalf of the small business, make	3095
every effort to secure a satisfactory result. For this purpose,	3096
the office may consult with any state governmental agency and may	3097
make any suggestion or request that seems appropriate.	3098

(6) Utilize, to the maximum extent possible, the printed and	3099
electronic media to disseminate information of current concern and	3100
interest to the small business community and to make known to	3101
small businesses the services available through the office. The	3102
office shall publish such books, pamphlets, and other printed	3103
materials, and shall participate in such trade association	3104
meetings, conventions, fairs, and other meetings involving the	3105
small business community, as the manager considers appropriate.	3106

(7) Prepare for inclusion in the department of development's	3107
annual report to the governor and general assembly, a description	3108
of the activities of the office and a report of the number of	3109
rules affecting individuals, small businesses, and small	3110
organizations that were filed with the office under division	3111
(B)(2) of section 121.24 of the Revised Code, during the preceding	3112
calendar year;	3113

(8) Operate the Ohio one-stop business permit center	3114
first-stop business connection to assist individuals in	3115
identifying and preparing applications for business licenses,	3116
permits, and certificates and to serve as the central public	3117
distributor for all forms, applications, and other information	3118
related to business licensing. Each state agency, board, and	3119
commission shall cooperate in providing assistance, information,	3120
and materials to enable the centerconnection to perform its	3121
duties under this division (B)(8) of this section.	3122

(C) The office of small business may, upon the request of a	3123
state agency, assist the agency with the preparation of any rule	3124
that will affect individuals, small businesses, or small	3125
organizations.	3126

(D) The director of development shall assign such employees	3127
and furnish such equipment and supplies to the office as the	3128
director considers necessary for the proper performance of the	3129
duties assigned to the office.	3130

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

3131

(1) "Full-time employee" means an individual who is employed	3132
for consideration for at least thirty-five hours a week, or who	3133
renders any other standard of service generally accepted by custom	3134
or specified by contract as full-time employment.	3135

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

3136

(a) A full-time employee first employed by a taxpayer in the	3137
project that is the subject of the agreement after the taxpayer	3138
enters into a tax credit agreement with the tax credit authority	3139
under this section;	3140

(b) A full-time employee first employed by a taxpayer in the	3141
project that is the subject of the tax credit after the tax credit	3142
authority approves a project for a tax credit under this section	3143
in a public meeting, as long as the taxpayer enters into the tax	3144
credit agreement prepared by the department of development after	3145
such meeting within sixty days after receiving the agreement from	3146
the department. If the taxpayer fails to enter into the agreement	3147
within sixty days, "new employee" has the same meaning as under	3148
division (A)(2)(a) of this section.	3149

Under division (A)(2)(a) or (b) of this section, if the tax	3150
credit authority determines it appropriate, "new employee" also	3151
may include an employee re-hired or called back from lay-off to	3152
work in a new facility or on a new product or service established	3153
or produced by the taxpayer after entering into the agreement	3154
under this section or after the tax credit authority approves the	3155
tax credit in a public meeting. "New employee" does not include	3156
any employee of the taxpayer who was previously employed in this	3157
state by a related member of the taxpayer and whose employment was	3158
shifted to the taxpayer after the taxpayer entered into the tax	3159
credit agreement or after the tax credit authority approved the	3160
credit in a public meeting, or any employee of the taxpayer for	3161
which the taxpayer has been granted a certificate under division	3162
(B) of section 5709.66 of the Revised Code. "New employee" also	3163
does not include an employee of the taxpayer who is employed in an	3164
employment position that was relocated to a project from other	3165
operations of the taxpayer in this state or from operations of a	3166
related member of the taxpayer in this state. In addition, "new	3167
employee" does not include a child, grandchild, parent, or spouse,	3168
other than a spouse who is legally separated from the individual,	3169
of any individual who is an employee of the taxpayer and who has a	3170
direct or indirect ownership interest of at least five per cent in	3171
the profits, capital, or value of the taxpayer. Such ownership	3172
interest shall be determined in accordance with section 1563 of	3173
the Internal Revenue Code and regulations prescribed thereunder.	3174

(3) "New income tax revenue" means the total amount withheld	3175
under section 5747.06 of the Revised Code by the taxpayer during	3176
the taxable year from the compensation of new employees for the	3177
tax levied under Chapter 5747. of the Revised Code.	3178

(4) "Related member" has the same meaning as under division	3179
(A)(6) of section 5733.042 of the Revised Code without regard to	3180
division (B) of that section.	3181

(B) The tax credit authority may make grants under this	3182
section to foster job creation in this state. Such a grant shall	3183
take the form of a refundable credit allowed against the tax	3184
imposed by section 5733.06 or 5747.02 of the Revised Code. The	3185
credit shall be claimed for the taxable years specified in the	3186
taxpayer's agreement with the tax credit authority under division	3187
(D) of this section. The credit shall be claimed after the	3188
allowance of all other credits provided by Chapter 5733. or 5747.	3189
of the Revised Code. The amount of the credit equals the new	3190
income tax revenue for the taxable year multiplied by the	3191
percentage specified in the agreement with the tax credit	3192
authority.	3193

(C) A taxpayer or potential taxpayer who proposes a project	3194
to create new jobs in this state may apply to the tax credit	3195
authority to enter into an agreement for a tax credit under this	3196
section. The director of development shall prescribe the form of	3197
the application. After receipt of an application, the authority	3198
may enter into an agreement with the taxpayer for a credit under	3199
this section if it determines all of the following:	3200

(1) The taxpayer's project will create new jobs in this	3201
state;	3202

(2) The taxpayer's project is economically sound and will	3203
benefit the people of this state by increasing opportunities for	3204
employment and strengthening the economy of this state;	3205

(3) Receiving the tax credit is a major factor in the	3206
taxpayer's decision to go forward with the project.	3207

(D) An agreement under this section shall include all of the	3208
following:	3209

(1) A detailed description of the project that is the subject	3210
of the agreement;	3211

(2) The term of the tax credit, which shall not exceed ten	3212
fifteen years, and the first taxable year for which the credit may	3213
be claimed;	3214

(3) A requirement that the taxpayer shall maintain operations	3215
at the project location for at least twice the number of years as	3216
the term of the tax credit;	3217

(4) The percentage, as determined by the tax credit	3218
authority, of new income tax revenue that will be allowed as the	3219
amount of the credit for each taxable year;	3220

(5) A specific method for determining how many new employees	3221
are employed during a taxable year;	3222

(6) A requirement that the taxpayer annually shall report to	3223
the director of development the number of new employees, the new	3224
income tax revenue withheld in connection with the new employees,	3225
and any other information the director needs to perform histhe	3226
director's duties under this section;	3227

(7) A requirement that the director of development annually	3228
shall verify the amounts reported under division (D)(6) of this	3229
section, and after doing so shall issue a certificate to the	3230
taxpayer stating that the amounts have been verified;	3231

(8)(a) A provision requiring that the taxpayer, except as	3232
otherwise provided in division (D)(8)(b) of this section, shall	3233
not relocate employment positions from elsewhere in this state to	3234
the project site that is the subject of the agreement for the	3235
lesser of five years from the date the agreement is entered into	3236
or the number of years the taxpayer is entitled to claim the tax	3237
credit.	3238

(b) The taxpayer may relocate employment positions from	3239
elsewhere in this state to the project site that is the subject of	3240
the agreement if the director of development determines both of	3241
the following:	3242

(i) That the site from which the employment positions would	3243
be relocated is inadequate to meet market and industry conditions,	3244
expansion plans, consolidation plans, or other business	3245
considerations affecting the taxpayer;	3246

(ii) That the legislative authority of the county, township,	3247
or municipal corporation from which the employment positions would	3248
be relocated has been notified of the relocation.	3249

For purposes of this section, the movement of an employment	3250
position from one political subdivision to another political	3251
subdivision shall be considered a relocation of an employment	3252
position, but the transfer of an individual employee from one	3253
political subdivision to another political subdivision shall not	3254
be considered a relocation of an employment position as long as	3255
the individual's employment position in the first political	3256
subdivision is refilled.	3257

(E) If a taxpayer fails to meet or comply with any condition	3258
or requirement set forth in a tax credit agreement, the tax credit	3259
authority may amend the agreement to reduce the percentage or term	3260
of the tax credit. The reduction of the percentage or term shall	3261
take effect in the taxable year immediately following the taxable	3262
year in which the authority amends the agreement. If the taxpayer	3263
relocates employment positions in violation of the provision	3264
required under division (D)(8)(a) of this section, the taxpayer	3265
shall not claim the tax credit under section 5733.0610 of the	3266
Revised Code for any tax years following the calendar year in	3267
which the relocation occurs, or shall not claim the tax credit	3268
under section 5747.058 of the Revised Code for the taxable year in	3269
which the relocation occurs and any subsequent taxable years.	3270

(F) Projects that consist solely of point-of-final-purchase	3271
retail facilities are not eligible for a tax credit under this	3272
section. If a project consists of both point-of-final-purchase	3273
retail facilities and nonretail facilities, only the portion of	3274
the project consisting of the nonretail facilities is eligible for	3275
a tax credit and only the new income tax revenue from new	3276
employees of the nonretail facilities shall be considered when	3277
computing the amount of the tax credit. If a warehouse facility is	3278
part of a point-of-final-purchase retail facility and supplies	3279
only that facility, the warehouse facility is not eligible for a	3280
tax credit. Catalog distribution centers are not considered	3281
point-of-final-purchase retail facilities for the purposes of this	3282
division, and are eligible for tax credits under this section.	3283

(G) Financial statements and other information submitted to	3284
the department of development or the tax credit authority by an	3285
applicant or recipient of a tax credit under this section, and any	3286
information taken for any purpose from such statements or	3287
information, are not public records subject to section 149.43 of	3288
the Revised Code. However, the chairperson of the authority may	3289
make use of the statements and other information for purposes of	3290
issuing public reports or in connection with court proceedings	3291
concerning tax credit agreements under this section. Upon the	3292
request of the tax commissioner, the chairperson of the authority	3293
shall provide to the commissioner any statement or information	3294
submitted by an applicant or recipient of a tax credit in	3295
connection with the credit. The commissioner shall preserve the	3296
confidentiality of the statement or information.	3297

(H) A taxpayer claiming a credit under this section shall	3298
submit to the tax commissioner a copy of the director of	3299
development's certificate of verification under division (D)(7) of	3300
this section for the taxable year. However, failure to submit a	3301
copy of the certificate does not invalidate a claim for a credit.	3302

(I) The director of development, after consultation with the	3303
tax commissioner and in accordance with Chapter 119. of the	3304
Revised Code, shall adopt rules necessary to implement this	3305
section. The rules may provide for recipients of tax credits under	3306
this section to be charged fees to cover administrative costs of	3307
the tax credit program. At the time the director gives public	3308
notice under division (A) of section 119.03 of the Revised Code of	3309
the adoption of the rules, the director shall submit copies of the	3310
proposed rules to the chairpersons of the standing committees on	3311
economic development in the senate and the house of	3312
representatives.	3313

(J) For the purposes of this section, a taxpayer may include	3314
a partnership, a corporation that has made an election under	3315
subchapter S of chapter one of subtitle A of the Internal Revenue	3316
Code, or any other business entity through which income flows as a	3317
distributive share to its owners. A credit received under this	3318
section by a partnership, S-corporation, or other such business	3319
entity shall be apportioned among the persons to whom the income	3320
or profit of the partnership, S-corporation, or other entity is	3321
distributed, in the same proportions as those in which the income	3322
or profit is distributed.	3323

(K) If the director of development determines that a taxpayer	3324
who has received a credit under this section is not complying with	3325
the requirement under division (D)(3) of this section, the	3326
director shall notify the tax credit authority of the	3327
noncompliance. After receiving such a notice, and after giving the	3328
taxpayer an opportunity to explain the noncompliance, the tax	3329
credit authority may require the taxpayer to refund to this state	3330
a portion of the credit in accordance with the following:	3331

(1) If the taxpayer maintained operations at the project	3332
location for at least one and one-half times the number of years	3333
of the term of the tax credit, an amount not exceeding twenty-five	3334
per cent of the sum of any previously allowed credits under this	3335
section;	3336

(2) If the taxpayer maintained operations at the project	3337
location for at least the number of years of the term of the tax	3338
credit, an amount not exceeding fifty per cent of the sum of any	3339
previously allowed credits under this section;	3340

(3) If the taxpayer maintained operations at the project	3341
location for less than the number of years of the term of the tax	3342
credit, an amount not exceeding one hundred per cent of the sum of	3343
any previously allowed credits under this section.	3344

In determining the portion of the tax credit to be refunded	3345
to this state, the tax credit authority shall consider the effect	3346
of market conditions on the taxpayer's project and whether the	3347
taxpayer continues to maintain other operations in this state.	3348
After making the determination, the authority shall certify the	3349
amount to be refunded to the tax commissioner. The commissioner	3350
shall make an assessment for that amount against the taxpayer	3351
under Chapter 5733. or 5747. of the Revised Code. The time	3352
limitations on assessments under Chapter 5733. or 5747. of the	3353
Revised Code do not apply to an assessment under this division,	3354
but the commissioner shall make the assessment within one year	3355
after the date the authority certifies to the commissioner the	3356
amount to be refunded.	3357

(L) On or before the thirty-first day of March each year, the	3358
director of development shall submit a report to the governor, the	3359
president of the senate, and the speaker of the house of	3360
representatives on the tax credit program under this section. The	3361
report shall include information on the number of agreements that	3362
were entered into under this section during the preceding calendar	3363
year, a description of the project that is the subject of each	3364
such agreement, and an update on the status of projects under	3365
agreements entered into before the preceding calendar year.	3366

During the fifth year of the tax credit program, the director	3367
of development in conjunction with the director of budget and	3368
management shall conduct an evaluation of it. The evaluation shall	3369
include assessments of the effectiveness of the program in	3370
creating new jobs in this state and of the revenue impact of the	3371
program, and may include a review of the practices and experiences	3372
of other states with similar programs. The director of development	3373
shall submit a report on the evaluation to the governor, the	3374
president of the senate, and the speaker of the house of	3375
representatives on or before January 1, 1998.	3376

(M) There is hereby created the tax credit authority, which	3377
consists of the director of development and four other members	3378
appointed as follows: the governor, the president of the senate,	3379
and the speaker of the house of representatives each shall appoint	3380
one member who shall be a specialist in economic development; the	3381
governor also shall appoint a member who is a specialist in	3382
taxation. Of the initial appointees, the members appointed by the	3383
governor shall serve a term of two years; the members appointed by	3384
the president of the senate and the speaker of the house of	3385
representatives shall serve a term of four years. Thereafter,	3386
terms of office shall be for four years. Initial appointments to	3387
the authority shall be made within thirty days after January 13,	3388
1993. Each member shall serve on the authority until the end of	3389
the term for which the member was appointed. Vacancies shall be	3390
filled in the same manner provided for original appointments. Any	3391
member appointed to fill a vacancy occurring prior to the	3392
expiration of the term for which the member's predecessor was	3393
appointed shall hold office for the remainder of that term.	3394
Members may be reappointed to the authority. Members of the	3395
authority shall receive their necessary and actual expenses while	3396
engaged in the business of the authority. The director of	3397
development shall serve as chairperson of the authority, and the	3398
members annually shall elect a vice-chairperson from among	3399
themselves. Three members of the authority constitute a quorum to	3400
transact and vote on the business of the authority. The majority	3401
vote of the membership of the authority is necessary to approve	3402
any such business, including the election of the vice-chairperson.	3403

The director of development may appoint a professional	3404
employee of the department of development to serve as the	3405
director's substitute at a meeting of the authority. The director	3406
shall make the appointment in writing. In the absence of the	3407
director from a meeting of the authority, the appointed substitute	3408
shall serve as chairperson. In the absence of both the director	3409
and the director's substitute from a meeting, the vice-chairperson	3410
shall serve as chairperson.	3411

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

3412

(1) "Capital investment project" means a plan of investment	3413
at a project site for the acquisition, construction, renovation,	3414
or repair of buildings, machinery, or equipment, or for	3415
capitalized costs of basic research and new product development	3416
determined in accordance with generally accepted accounting	3417
principles, but does not include any of the following:	3418

(a) Payments made for the acquisition of personal property	3419
through operating leases;	3420

(b) Project costs paid before January 1, 2002, or after	3421
December 31, 2006;	3422

(c) Payments made to a related member as defined in section	3423
5733.042 of the Revised Code.	3424

(2) "Eligible business" means a business with Ohio operations	3425
satisfying all of the following:	3426

(a) Employed an average of at least one thousand employees in	3427
full-time employment positions at a project site during each of	3428
the twelve months preceding the application for a tax credit under	3429
this section; and	3430

(b) On or after January 1, 2002, has made payments for the	3431
capital investment project of either of the following:	3432

(i) At least two hundred million dollars in the aggregate at	3433
the project site during a period of three consecutive calendar	3434
years including the calendar year that includes a day of the	3435
taxpayer's taxable year with respect to which the credit is	3436
granted;	3437

(ii) If the average wage of all full-time employment	3438
positions at the project site is greater than four hundred per	3439
cent of the federal minimum wage, at least one hundred million	3440
dollars in the aggregate at the project site during a period of	3441
three consecutive calendar years including the calendar year that	3442
includes a day of the taxpayer's taxable year with respect to	3443
which the credit is granted.	3444

(c) Is engaged at the project site primarily as a	3445
manufacturer or is providing significant corporate administrative	3446
functions;	3447

(d) Has had a capital investment project reviewed and	3448
approved by the tax credit authority as provided in divisions (C),	3449
(D), and (E) of this section.	3450

(3) "Full-time employment position" means a position of	3451
employment for consideration for at least thirty-five hours a week	3452
that has been filled for at least one hundred eighty days	3453
immediately preceding the filing of an application under this	3454
section and for at least one hundred eighty days during each	3455
taxable year with respect to which the credit is granted.	3456

(4) "Manufacturer" has the same meaning as in section	3457
5739.011 of the Revised Code.	3458

(5) "Project site" means an integrated complex of facilities	3459
in this state, as specified by the tax credit authority under this	3460
section, within a fifteen-mile radius where a taxpayer is	3461
primarily operating as an eligible business.	3462

(6) "Applicable corporation" means a corporation satisfying	3463
all of the following:	3464

(a)(i) For the entire taxable year immediately preceding the	3465
tax year, the corporation develops software applications primarily	3466
to provide telecommunication billing and information services	3467
through outsourcing or licensing to domestic or international	3468
customers.	3469

(ii) Sales and licensing of software generated at least six	3470
hundred million dollars in revenue during the taxable year	3471
immediately preceding the tax year the corporation is first	3472
entitled to claim the credit provided under division (B) of this	3473
section.	3474

(b) For the entire taxable year immediately preceding the tax	3475
year, the corporation or one or more of its related members	3476
provides customer or employee care and technical support for	3477
clients through one or more contact centers within this state, and	3478
the corporation and its related members together have a daily	3479
average, based on a three hundred sixty-five day year, of at least	3480
five hundred thousand successful customer contacts through one or	3481
more of their contact centers, wherever located.	3482

(c) The corporation is eligible for the credit under division	3483
(B) of this section for the tax year.	3484

(7) "Related member" has the same meaning as in section	3485
5733.042 of the Revised Code as that section existed on the	3486
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	3487
general assembly.	3488

(8) "Successful customer contact" means a contact with an end	3489
user via telephone, including interactive voice recognition or	3490
similar means, where the contact culminates in a conversation or	3491
connection other than a busy signal or equipment busy.	3492

(9) "Telecommunications" means all forms of	3493
telecommunications service as defined in section 5739.01 of the	3494
Revised Code, and includes services in wireless, wireline, cable,	3495
broadband, internet protocol, and satellite.	3496

(10)(a) "Applicable difference" means the difference between	3497
the tax for the tax year under Chapter 5733. of the Revised Code	3498
applying the law in effect for that tax year, and the tax for that	3499
tax year if section 5733.042 of the Revised Code applied as that	3500
section existed on the effective date of its amendment by Am. Sub.	3501
H.B. 215 of the 122nd general assembly, subject to division	3502
(A)(10)(b) of this section.	3503

(b) If the tax rate set forth in division (B) of section	3504
5733.06 of the Revised Code for the tax year is less than eight	3505
and one-half per cent, the tax calculated under division	3506
(A)(10)(a) of this section shall be computed by substituting a tax	3507
rate of eight and one-half per cent for the rate set forth in	3508
division (B) of section 5733.06 of the Revised Code for the tax	3509
year.	3510

(c) If the resulting difference is negative, the applicable	3511
tax difference for the tax year shall be zero.	3512

(B) The tax credit authority created under section 122.17 of	3513
the Revised Code may grant tax credits under this section for the	3514
purpose of fostering job retention in this state. Upon application	3515
by an eligible business and upon consideration of the	3516
recommendation of the director of budget and management, tax	3517
commissioner, and director of development under division (C) of	3518
this section, the tax credit authority may grant to an eligible	3519
business a nonrefundable credit against the tax imposed by section	3520
5733.06 or 5747.02 of the Revised Code for a period up to ten	3521
fifteen taxable years. The credit shall be in an amount not	3522
exceeding seventy-five per cent of the Ohio income tax withheld	3523
from the employees of the eligible business occupying full-time	3524
employment positions at the project site during the calendar year	3525
that includes the last day of such business' taxable year with	3526
respect to which the credit is granted. The amount of the credit	3527
shall not be based on the Ohio income tax withheld from full-time	3528
employees for a calendar year prior to the calendar year in which	3529
the minimum investment requirement referred to in division	3530
(A)(2)(b) of this section is completed. The credit shall be	3531
claimed only for the taxable years specified in the eligible	3532
business' agreement with the tax credit authority under division	3533
(E) of this section, but in no event shall the credit be claimed	3534
for a taxable year terminating before the date specified in the	3535
agreement.	3536

The credit computed under this division is in addition to any	3537
credit allowed under division (M) of this section.	3538

Any unused portion of a tax credit may be carried forward for	3539
not more than three additional years after the year for which the	3540
credit is granted.	3541

(C) A taxpayer that proposes a capital investment project to	3542
retain jobs in this state may apply to the tax credit authority to	3543
enter into an agreement for a tax credit under this section. The	3544
director of development shall prescribe the form of the	3545
application. After receipt of an application, the authority shall	3546
forward copies of the application to the director of budget and	3547
management, the tax commissioner, and the director of development,	3548
each of whom shall review the application to determine the	3549
economic impact the proposed project would have on the state and	3550
the affected political subdivisions and shall submit a summary of	3551
their determinations and recommendations to the authority. The	3552
authority shall make no agreements under this section after June	3553
30, 2007.	3554

(D) Upon review of the determinations and recommendations	3555
described in division (C) of this section, the tax credit	3556
authority may enter into an agreement with the taxpayer for a	3557
credit under this section if the authority determines all of the	3558
following:	3559

(1) The taxpayer's capital investment project will result in	3560
the retention of full-time employment positions in this state.	3561

(2) The taxpayer is economically sound and has the ability to	3562
complete the proposed capital investment project.	3563

(3) The taxpayer intends to and has the ability to maintain	3564
operations at the project site for at least twice the term of the	3565
credit.	3566

(4) Receiving the credit is a major factor in the taxpayer's	3567
decision to begin, continue with, or complete the project.	3568

(5) The political subdivisions in which the project is	3569
located have agreed to provide substantial financial support to	3570
the project.	3571

(E) An agreement under this section shall include all of the	3572
following:	3573

(1) A detailed description of the project that is the subject	3574
of the agreement, including the amount of the investment, the	3575
period over which the investment has been or is being made, and	3576
the number of full-time employment positions at the project site.	3577

(2) The method of calculating the number of full-time	3578
employment positions as specified in division (A)(3) of this	3579
section.	3580

(3) The term and percentage of the tax credit, and the first	3581
year for which the credit may be claimed.	3582

(4) A requirement that the taxpayer maintain operations at	3583
the project site for at least twice the number of years as the	3584
term of the credit.	3585

(5) A requirement that the taxpayer retain a specified number	3586
of full-time employment positions at the project site and within	3587
this state for the term of the credit, including a requirement	3588
that the taxpayer continue to employ at least one thousand	3589
employees in full-time employment positions at the project site	3590
during the entire term of any agreement, subject to division	3591
(E)(7) of this section.	3592

(6) A requirement that the taxpayer annually report to the	3593
director of development the number of full-time employment	3594
positions subject to the credit, the amount of tax withheld from	3595
employees in those positions, the amount of the payments made for	3596
the capital investment project, and any other information the	3597
director needs to perform the director's duties under this	3598
section.	3599

(7) A requirement that the director of development annually	3600
review the annual reports of the taxpayer to verify the	3601
information reported under division (E)(6) of this section and	3602
compliance with the agreement. Upon verification, the director	3603
shall issue a certificate to the taxpayer stating that the	3604
information has been verified and identifying the amount of the	3605
credit for the taxable year. TheUnless otherwise specified by the	3606
tax credit authority in a resolution and included as part of the	3607
agreement, the director shall not issue a certificate for any year	3608
in which the total number of filled full-time employment positions	3609
for each day of the calendar year divided by three hundred	3610
sixty-five is less than ninety per cent of the full-time	3611
employment positions specified in division (E)(5) of this section.	3612
In determining the number of full-time employment positions, no	3613
position shall be counted that is filled by an employee who is	3614
included in the calculation of a tax credit under section 122.17	3615
of the Revised Code.	3616

(8)(a) A provision requiring that the taxpayer, except as	3617
otherwise provided in division (E)(8)(b) of this section, shall	3618
not relocate employment positions from elsewhere in this state to	3619
the project site that is the subject of the agreement for the	3620
lesser of five years from the date the agreement is entered into	3621
or the number of years the taxpayer is entitled to claim the	3622
credit.	3623

(b) The taxpayer may relocate employment positions from	3624
elsewhere in this state to the project site that is the subject of	3625
the agreement if the director of development determines both of	3626
the following:	3627

(i) That the site from which the employment positions would	3628
be relocated is inadequate to meet market and industry conditions,	3629
expansion plans, consolidation plans, or other business	3630
considerations affecting the taxpayer;	3631

(ii) That the legislative authority of the county, township,	3632
or municipal corporation from which the employment positions would	3633
be relocated has been notified of the relocation.	3634

For purposes of this section, the movement of an employment	3635
position from one political subdivision to another political	3636
subdivision shall be considered a relocation of an employment	3637
position unless the movement is confined to the project site. The	3638
transfer of an individual employee from one political subdivision	3639
to another political subdivision shall not be considered a	3640
relocation of an employment position as long as the individual's	3641
employment position in the first political subdivision is	3642
refilled.	3643

(9) A waiver by the taxpayer of any limitations periods	3644
relating to assessments or adjustments resulting from the	3645
taxpayer's failure to comply with the agreement.	3646

(F) If a taxpayer fails to meet or comply with any condition	3647
or requirement set forth in a tax credit agreement, the tax credit	3648
authority may amend the agreement to reduce the percentage or term	3649
of the credit. The reduction of the percentage or term shall take	3650
effect in the taxable year immediately following the taxable year	3651
in which the authority amends the agreement. If the taxpayer	3652
relocates employment positions in violation of the provision	3653
required under division (D)(8)(a) of this section, the taxpayer	3654
shall not claim the tax credit under section 5733.0610 of the	3655
Revised Code for any tax years following the calendar year in	3656
which the relocation occurs, or shall not claim the tax credit	3657
under section 5747.058 of the Revised Code for the taxable year in	3658
which the relocation occurs and any subsequent taxable years.	3659

(G) Financial statements and other information submitted to	3660
the department of development or the tax credit authority by an	3661
applicant for or recipient of a tax credit under this section, and	3662
any information taken for any purpose from such statements or	3663
information, are not public records subject to section 149.43 of	3664
the Revised Code. However, the chairperson of the authority may	3665
make use of the statements and other information for purposes of	3666
issuing public reports or in connection with court proceedings	3667
concerning tax credit agreements under this section. Upon the	3668
request of the tax commissioner, the chairperson of the authority	3669
shall provide to the commissioner any statement or other	3670
information submitted by an applicant for or recipient of a tax	3671
credit in connection with the credit. The commissioner shall	3672
preserve the confidentiality of the statement or other	3673
information.	3674

(H) A taxpayer claiming a tax credit under this section shall	3675
submit to the tax commissioner a copy of the director of	3676
development's certificate of verification under division (E)(7) of	3677
this section for the taxable year. However, failure to submit a	3678
copy of the certificate does not invalidate a claim for a credit.	3679

(I) For the purposes of this section, a taxpayer may include	3680
a partnership, a corporation that has made an election under	3681
subchapter S of chapter one of subtitle A of the Internal Revenue	3682
Code, or any other business entity through which income flows as a	3683
distributive share to its owners. A tax credit received under this	3684
section by a partnership, S-corporation, or other such business	3685
entity shall be apportioned among the persons to whom the income	3686
or profit of the partnership, S-corporation, or other entity is	3687
distributed, in the same proportions as those in which the income	3688
or profit is distributed.	3689

(J) If the director of development determines that a taxpayer	3690
that received a tax credit under this section is not complying	3691
with the requirement under division (E)(4) of this section, the	3692
director shall notify the tax credit authority of the	3693
noncompliance. After receiving such a notice, and after giving the	3694
taxpayer an opportunity to explain the noncompliance, the	3695
authority may terminate the agreement and require the taxpayer to	3696
refund to the state all or a portion of the credit claimed in	3697
previous years, as follows:	3698

(1) If the taxpayer maintained operations at the project site	3699
for less than the term of the credit, the amount required to be	3700
refunded shall not exceed the amount of any tax credits previously	3701
allowed and received under this section.	3702

(2) If the taxpayer maintained operations at the project site	3703
longer than the term of the credit but less than one and one-half	3704
times the term of the credit, the amount required to be refunded	3705
shall not exceed fifty per cent of the sum of any tax credits	3706
previously allowed and received under this section.	3707

(3) If the taxpayer maintained operations at the project site	3708
for at least one and one-half times the term of the credit but	3709
less than twice the term of the credit, the amount required to be	3710
refunded shall not exceed twenty-five per cent of the sum of any	3711
tax credits previously allowed and received under this section.	3712

In determining the portion of the credit to be refunded to	3713
this state, the authority shall consider the effect of market	3714
conditions on the taxpayer's project and whether the taxpayer	3715
continues to maintain other operations in this state. After making	3716
the determination, the authority shall certify the amount to be	3717
refunded to the tax commissioner. The commissioner shall make an	3718
assessment for that amount against the taxpayer under Chapter	3719
5733. or 5747. of the Revised Code. The time limitations on	3720
assessments under Chapter 5733. or 5747. of the Revised Code do	3721
not apply to an assessment under this division, but the	3722
commissioner shall make the assessment within one year after the	3723
date the authority certifies to the commissioner the amount to be	3724
refunded.	3725

If the director of development determines that a taxpayer	3726
that received a tax credit under this section has reduced the	3727
number of employees agreed to under division (E)(5) of this	3728
section by more than ten per cent, the director shall notify the	3729
tax credit authority of the noncompliance. After receiving such	3730
notice, and after providing the taxpayer an opportunity to explain	3731
the noncompliance, the authority may amend the agreement to reduce	3732
the percentage or term of the tax credit. The reduction in the	3733
percentage or term shall take effect in the taxable year in which	3734
the authority amends the agreement.	3735

(K) The director of development, after consultation with the	3736
tax commissioner and in accordance with Chapter 119. of the	3737
Revised Code, shall adopt rules necessary to implement this	3738
section. The rules may provide for recipients of tax credits under	3739
this section to be charged fees to cover administrative costs of	3740
the tax credit program. At the time the director gives public	3741
notice under division (A) of section 119.03 of the Revised Code of	3742
the adoption of the rules, the director shall submit copies of the	3743
proposed rules to the chairpersons of the standing committees on	3744
economic development in the senate and the house of	3745
representatives.	3746

(L) On or before the thirty-first day of March of each year,	3747
the director of development shall submit a report to the governor,	3748
the president of the senate, and the speaker of the house of	3749
representatives on the tax credit program under this section. The	3750
report shall include information on the number of agreements that	3751
were entered into under this section during the preceding calendar	3752
year, a description of the project that is the subject of each	3753
such agreement, and an update on the status of projects under	3754
agreements entered into before the preceding calendar year.	3755

(M)(1) A nonrefundable credit shall be allowed to an	3756
applicable corporation and its related members in an amount equal	3757
to the applicable difference. The credit is in addition to the	3758
credit granted to the corporation or related members under	3759
division (B) of this section. The credit is subject to divisions	3760
(B) to (E) and division (J) of this section.	3761

(2) A person qualifying as an applicable corporation under	3762
this section for a tax year does not necessarily qualify as an	3763
applicable corporation for any other tax year. No person is	3764
entitled to the credit allowed under division (M) of this section	3765
for the tax year immediately following the taxable year during	3766
which the person fails to meet the requirements in divisions	3767
(A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled	3768
to the credit allowed under division (M) of this section for any	3769
tax year for which the person is not eligible for the credit	3770
provided under division (B) of this section.	3771

Sec. 122.25.  (A) In administering the program established	3772
under section 122.24 of the Revised Code, the director of	3773
development shall do all of the following:	3774

(1) Annually designate, by the first day of January of each	3775
year, the entities that constitute the eligible areas in this	3776
state as defined in section 122.23 of the Revised Code;	3777

(2) Inform local governments and others in the state of the	3778
availability of the program and financial assistance established	3779
under sections 122.23 to 122.27 of the Revised Code;	3780

(3) Report to the governor, president of the senate, speaker	3781
of the house of representatives, and minority leaders of the	3782
senate and the house of representatives by the thirtieth day of	3783
June of each year on the activities carried out under the program	3784
during the preceding calendar year. The report shall include the	3785
number of loans made that year and the amount and recipient of	3786
each loan.	3787

(4) Work in conjunction with conventional lending	3788
institutions, local revolving loan funds, private investors, and	3789
other private and public financing sources to provide loans or	3790
loan guarantees to eligible applicants;	3791

(5) Establish fees, charges, interest rates, payment	3792
schedules, local match requirements, and other terms and	3793
conditions for loans and loan guarantees provided under the loan	3794
program created by section 122.24 of the Revised Code;	3795

(6) Require each applicant to demonstrate the suitability of	3796
any site for the assistance sought; that the site has been	3797
surveyed, has adequate or available utilities, and that there are	3798
no zoning restrictions, environmental regulations, or other	3799
matters impairing the use of the site for the purpose intended;	3800

(7) Require each applicant to provide a marketing plan and	3801
management strategy for the project;	3802

(8) Adopt rules in accordance with Chapter 119. of the	3803
Revised Code establishing all of the following:	3804

(a) Forms and procedures by which eligible applicants may	3805
apply for assistance;	3806

(b) Criteria for reviewing, evaluating, and ranking	3807
applications, and for approving applications that best serve the	3808
goals of the program;	3809

(c) Reporting requirements and monitoring procedures;

3810

(d) Guidelines regarding situations in which industrial parks	3811
would be considered to compete against one another for the	3812
purposes of division (B)(2) of section 122.27 of the Revised Code;	3813

(e) Any other rules necessary to implement and administer the	3814
program created by section 122.24 of the Revised Code.	3815

(B) The director may adopt rules in accordance with Chapter	3816
119. of the Revised Code establishing requirements governing the	3817
use of any industrial park site receiving assistance under section	3818
122.24 of the Revised Code, such that a certain portion of the	3819
site must be used for manufacturing, distribution, high	3820
technology, research and development, or other businesses wherein	3821
a majority of the product or service produced is exported out of	3822
the state.	3823

(C) As a condition to receiving assistance under section	3824
122.24 of the Revised Code, and except as provided in division (D)	3825
of this section, an applicant must agree, for a period of five	3826
years, not to permit the use of a site that is developed or	3827
improved with such assistance to cause the relocation of jobs to	3828
that site from elsewhere in Ohio.	3829

(D) A site developed or improved with assistance under	3830
section 122.24 of the Revised Code may be the site of jobs	3831
relocated from elsewhere in Ohio if the director of development	3832
does all of the following:	3833

(1) Makes a written determination that the site from which	3834
the jobs would be relocated is inadequate to meet market or	3835
industry conditions, expansion plans, consolidation plans, or	3836
other business considerations affecting the relocating employer;	3837

(2) Provides a copy of the determination required by division	3838
(D)(1) of this section to the members of the general assembly	3839
whose legislative districts include the site from which the jobs	3840
would be relocated, and to the joint legislative committee on tax	3841
incentives;	3842

(3) Determines that the governing body of the area from which	3843
the jobs would be relocated has been notified in writing by the	3844
relocating company of the possible relocation.	3845

(E) The director of development must obtain the approval of	3846
the controlling board for any loan or loan guarantee provided	3847
under sections 122.23 to 122.27 of the Revised Code.	3848

Sec. 122.651. (A) There is hereby created the clean Ohio	3849
council consisting of the director of development or the	3850
director's designee, the director of environmental protection or	3851
the director's designee, the lieutenant governor or the lieutenant	3852
governor's designee, the director of the Ohio public works	3853
commission as a nonvoting, ex officio member, one member of the	3854
majority party of the senate and one member of the minority party	3855
of the senate to be appointed by the president of the senate, one	3856
member of the majority party of the house of representatives and	3857
one member of the minority party of the house of representatives	3858
to be appointed by the speaker of the house of representatives,	3859
and seven members to be appointed by the governor with the advice	3860
and consent of the senate. Of the members appointed by the	3861
governor, one shall represent the interests of counties, one shall	3862
represent the interests of townships, one shall represent the	3863
interests of municipal corporations, two shall represent the	3864
interests of business and development, and two shall represent	3865
statewide environmental advocacy organizations. The members	3866
appointed by the governor shall reflect the demographic and	3867
economic diversity of the population of the state. Additionally,	3868
the governor's appointments shall represent all areas of the	3869
state. All appointments to the council shall be made not later	3870
than one hundred twenty days after July 26, 2001.	3871

(B) The members appointed by the president of the senate and	3872
speaker of the house of representatives shall serve at the	3873
pleasure of their appointing authorities. Of the initial members	3874
appointed by the governor to the clean Ohio council, four shall be	3875
appointed for two years and three shall be appointed for one year.	3876
Thereafter, terms of office for members appointed by the governor	3877
shall be for two years, with each term ending on the same day of	3878
the same month as did the term that it succeeds. Each of those	3879
members shall hold office from the date of appointment until the	3880
end of the term for which the member is appointed.	3881

Members may be reappointed. Vacancies shall be filled in the	3882
same manner as provided for original appointments. Any member	3883
appointed to fill a vacancy occurring prior to the expiration date	3884
of the term for which the member was appointed shall hold office	3885
for the remainder of that term. A member shall continue in office	3886
after the expiration date of the member's term until the member's	3887
successor takes office or until a period of sixty days has	3888
elapsed, whichever occurs first. The governor may remove a member	3889
appointed by the governor for misfeasance, nonfeasance, or	3890
malfeasance in office.	3891

(C) The director of developmentgovernor shall appoint a	3892
member of the clean Ohio council to serve as the chairperson of	3893
the clean Ohio council. The director of development shall serve as	3894
the vice-chairperson of the council unless appointed chairperson.	3895
If the director is appointed chairperson, the council annually	3896
shall select from among its members a vice-chairperson to serve	3897
while the director is chairperson. The council annually shall	3898
select from among its members a vice-chairperson and a secretary	3899
to keep a record of its proceedings. A majority vote of a quorum	3900
of the members of the council is necessary to take action on any	3901
matter. The council may adopt bylaws governing its operation,	3902
including bylaws that establish the frequency of meetings,	3903
procedures for reviewing eligible projects under sections 122.65	3904
to 122.658 of the Revised Code and policies and requirements	3905
established under section 122.657 of the Revised Code, and other	3906
necessary procedures.	3907

(D) Members of the clean Ohio council shall be deemed to be	3908
public officials or officers only for the purposes of section 9.86	3909
and Chapters 102. and 2921. of the Revised Code. Serving as a	3910
member of the clean Ohio council does not constitute holding a	3911
public office or position of employment so as to constitute	3912
grounds for removal of public officers or employees serving as	3913
members of the council from their offices or positions of	3914
employment. Members of the council shall file with the Ohio ethics	3915
commission the disclosure statement described in division (A) of	3916
section 102.02 of the Revised Code on the form prescribed by the	3917
commission and be subject to divisions (C) and (D) of that	3918
section. Members of the council shall serve without compensation	3919
for attending council meetings, but shall receive their actual and	3920
necessary traveling and other expenses incurred in the performance	3921
of their official duties in accordance with the rules of the	3922
office of budget and management.	3923

(E) Members appointed by the governor to represent the	3924
interests of counties, townships, and municipal corporations do	3925
not have a conflict of interest by virtue of their service in the	3926
position. For the purposes of this division, "conflict of	3927
interest" means the taking of any action as a member of the	3928
council that affects a public agency the person serves as an	3929
officer or employee.	3930

(F) The department of development shall provide office space	3931
for the council. The council shall be assisted in its duties by	3932
the staff of the department of development and the environmental	3933
protection agency.	3934

(G) Sections 101.82 to 101.87 of the Revised Code do not	3935
apply to the clean Ohio council.	3936

Sec. 122.658. (A) The clean Ohio revitalization fund is	3937
hereby created in the state treasury. The fund shall consist of	3938
moneys credited to it pursuant to section 151.40 of the Revised	3939
Code. Moneys in the fund shall be used to make grants or loans for	3940
projects that have been approved by the clean Ohio council in	3941
accordance with section 122.653 of the Revised Code, except that	3942
the council annually shall devote twenty per cent of the net	3943
proceeds of obligations deposited in the clean Ohio revitalization	3944
fund for the purposes of section 122.656 of the Revised Code.	3945

Moneys in the clean Ohio revitalization fund may be used to	3946
pay reasonable costs incurred by the department of development and	3947
the environmental protection agency in administering sections	3948
122.65 to 122.658 of the Revised Code. All investment earnings of	3949
the fund shall be credited to the fund. For two years after July	3950
26, 2001, investmentInvestment earnings credited to the clean	3951
Ohio revitalization fund may be used to pay costs incurred by the	3952
department of development and the environmental protection agency	3953
pursuant to sections 122.65 to 122.658 of the Revised Code.	3954

The department of development shall administer the clean Ohio	3955
revitalization fund in accordance with this section, policies and	3956
requirements established under section 122.657 of the Revised	3957
Code, and the terms of agreements entered into by the council	3958
under section 122.653 of the Revised Code.	3959

(B) Grants awarded and loans made under section 122.653 of	3960
the Revised Code shall provide not more than seventy-five per cent	3961
of the estimated total cost of a project. A grant or loan to any	3962
one project shall not exceed three million dollars. An applicant	3963
shall provide at least twenty-five per cent of the estimated total	3964
cost of a project. The applicant's share may consist of one or a	3965
combination of any of the following:	3966

(1) Payment of the cost of acquiring the property for the	3967
purposes of sections 122.65 to 122.658 of the Revised Code;	3968

(2) Payment of the reasonable cost of an assessment at the	3969
property;	3970

(3) The reasonable value, as determined by the council, of	3971
labor and materials that will be contributed by the applicant in	3972
performing the cleanup or remediation;	3973

(4) Moneys received by the applicant in any form for use in	3974
performing the cleanup or remediation;	3975

(5) Loans secured by the applicant for the purpose of the	3976
cleanup or remediation of the brownfield.	3977

Costs that were incurred more than two years prior to the	3978
submission of an application to the clean Ohio council for the	3979
acquisition of property, assessments, and labor and materials	3980
shall not be used as part of the applicant's matching share.	3981

(C) The department of development shall not make any payment	3982
to an applicant from the clean Ohio revitalization fund to pay	3983
costs of the applicant that were not included in an application	3984
for a grant or loan under section 122.653 of the Revised Code or	3985
that exceed the amount of the estimated total cost of the project	3986
included in the application. If, upon completion of a project, the	3987
costs of the project are less than the amounts included in the	3988
application, the amounts included in the application less the	3989
amounts of the actual costs of the project shall be credited to	3990
the clean Ohio revitalization fund. However, the amounts credited	3991
shall be equivalent in percentage to the percentage of the costs	3992
of the project that were to be funded by the grant or loan from	3993
the fund.	3994

(D) Grants awarded or loans made under section 122.653 of the	3995
Revised Code from the clean Ohio revitalization fund shall be used	3996
by an applicant only to pay the costs of the actual cleanup or	3997
remediation of a brownfield and shall not be used by an applicant	3998
to pay any administrative costs incurred by the applicant. Costs	3999
related to the use of a certified professional for purposes of	4000
section 122.654 of the Revised Code are not administrative costs	4001
and may be paid with moneys from grants awarded or loans made	4002
under section 122.653 of the Revised Code.	4003

(E) The portion of net proceeds of obligations devoted under	4004
division (A) of this section for the purposes of section 122.656	4005
of the Revised Code shall be used to make grants for assessments,	4006
cleanup or remediation of brownfields, and public health projects	4007
that have been approved by the director of development under that	4008
section. The department of development shall administer section	4009
122.656 of the Revised Code in accordance with this section,	4010
policies and requirements established under section 122.657 of the	4011
Revised Code, and the terms of agreements entered into by the	4012
director under section 122.656 of the Revised Code. The director	4013
shall not grant more than twenty-five million dollars for public	4014
health projects under section 122.656 of the Revised Code.	4015

(F) Grants awarded under section 122.656 of the Revised Code	4016
shall be used by an applicant only to pay the costs of actually	4017
conducting an assessment, a cleanup or remediation of a	4018
brownfield, or a public health project and shall not be used by an	4019
applicant to pay any administrative costs incurred by the	4020
applicant. Costs related to the use of a certified professional	4021
for purposes of section 122.654 of the Revised Code are not	4022
administrative costs and may be paid with moneys from grants	4023
awarded under section 122.656 of the Revised Code.	4024

(G)(1) The clean Ohio revitalization revolving loan fund is	4025
hereby created in the state treasury. Payments of principal and	4026
interest on loans made from the clean Ohio revitalization fund	4027
shall be credited to this revolving loan fund, as shall payments	4028
of principal and interest on loans made from the revolving loan	4029
fund itself. The revolving loan fund's investment earnings shall	4030
be credited to it.	4031

(2) The clean Ohio revitalization revolving loan fund shall	4032
be used to make loans for the same purposes and subject to the	4033
same policies, requirements, criteria, and application procedures	4034
as loans made from the clean Ohio revitalization fund.	4035

Sec. 122.87.  As used in sections 122.87 to 122.89122.90 of	4036
the Revised Code:	4037

(A) "Surety company" means a company that is authorized by	4038
the department of insurance to issue bonds as surety.	4039

(B) "Minority business" means any of the following	4040
occupations:	4041

(1) Minority construction contractor;

4042

(2) Minority seller;

4043

(3) Minority service vendor.

4044

(C) "Minority construction contractor" means a person who is	4045
both a construction contractor and an owner of a minority business	4046
enterprise certified under division (B) of section 123.151 of the	4047
Revised Code.	4048

(D) "Minority seller" means a person who is both a seller of	4049
goods and an owner of a minority business enterprise listed on the	4050
special minority business enterprise bid notification list under	4051
division (B) of section 125.08 of the Revised Code.	4052

(E) "Minority service vendor" means a person who is both a	4053
vendor of services and an owner of a minority business enterprise	4054
listed on the special minority business enterprise bid	4055
notification list under division (B) of section 125.08 of the	4056
Revised Code.	4057

(F) "Minority business enterprise" has the meaning given in	4058
section 122.71 of the Revised Code.	4059

(G) "EDGE business enterprise" means a sole proprietorship,	4060
association, partnership, corporation, limited liability	4061
corporation, or joint venture certified as a participant in the	4062
encouraging diversity, growth, and equity program by the director	4063
of administrative services under section 123.152 of the Revised	4064
Code.	4065

Sec. 122.88.  (A) There is hereby created in the state	4066
treasury the minority business bonding fund, consisting of moneys	4067
deposited or credited to it pursuant to section 169.05 of the	4068
Revised Code; all grants, gifts, and contributions received	4069
pursuant to division (B)(9) of section 122.74 of the Revised Code;	4070
all moneys recovered following defaults; and any other moneys	4071
obtained by the director of development for the purposes of	4072
sections 122.87 to 122.89122.90 of the Revised Code. The fund	4073
shall be administered by the director. Moneys in the fund shall be	4074
held in trust for the purposes of sections 122.87 to 122.89122.90	4075
of the Revised Code.	4076

(B) Any claims against the state arising from defaults shall	4077
be payable from the minority business bonding program	4078
administrative and loss reserve fund as provided in division (C)	4079
of this section or from the minority business bonding fund.	4080
Nothing in sections 122.87 to 122.89122.90 of the Revised Code	4081
grants or pledges to any obligee or other person any state moneys	4082
other than the moneys in the minority business bonding program	4083
administrative and loss reserve fund or the minority business	4084
bonding fund, or moneys available to the minority business bonding	4085
fund upon request of the director in accordance with division (B)	4086
of section 169.05 of the Revised Code.	4087

(C) There is hereby created in the state treasury the	4088
minority business bonding program administrative and loss reserve	4089
fund, consisting of all premiums charged and collected in	4090
accordance with section 122.89 of the Revised Code and any	4091
interest income earned from the moneys in the minority business	4092
bonding fund. All expenses of the director and the minority	4093
development financing advisory board in carrying out the purposes	4094
of sections 122.87 to 122.89122.90 of the Revised Code shall be	4095
paid from the minority business bonding program administrative and	4096
loss reserve fund.	4097

Any moneys to the credit of the minority business bonding	4098
program administrative and loss reserve fund in excess of the	4099
amount necessary to fund the appropriation authority for the	4100
minority business bonding program administrative and loss reserve	4101
fund shall be held as a loss reserve to pay claims arising from	4102
defaults on surety bonds underwritten in accordance with section	4103
122.89 of the Revised Code or guaranteed in accordance with	4104
section 122.90 of the Revised Code. If the balance of funds in the	4105
minority business bonding program administrative and loss reserve	4106
fund is insufficient to pay a claim against the state arising from	4107
default, then such claim shall be payable from the minority	4108
business bonding fund.	4109

Sec. 122.90.  (A) The director of development may guarantee	4110
bonds executed by sureties for minority businesses and EDGE	4111
business enterprises certified under section 123.152 of the	4112
Revised Code as principals on contracts with the state, any	4113
political subdivision or instrumentality, or any person as the	4114
obligee. The director, as guarantor, may exercise all the rights	4115
and powers of a company authorized by the department of insurance	4116
to guarantee bonds under Chapter 3929. of the Revised Code but	4117
otherwise is not subject to any laws related to a guaranty company	4118
under Title XXXIX of the Revised Code nor to any rules of the	4119
department of insurance.	4120

(B) The director shall adopt rules under Chapter 119. of the	4121
Revised Code to establish procedures for the application for bond	4122
guarantees and the review and approval of applications for bond	4123
guarantees submitted by sureties that execute bonds eligible for	4124
guarantees under division (A) of this section.	4125

(C) In accordance with rules adopted pursuant to this	4126
section, the director may guarantee up to ninety per cent of the	4127
loss incurred and paid by sureties on bonds guaranteed under	4128
division (A) of this section.	4129

(D) The penal sum amounts of all outstanding guarantees made	4130
by the director under this section shall not exceed three times	4131
the difference between the amount of moneys in the minority	4132
business bonding fund and available to the fund under division (B)	4133
of section 169.05 of the Revised Code and the amount of all	4134
outstanding bonds issued by the director in accordance with	4135
division (A) of section 122.89 of the Revised Code.	4136

Sec. 123.01.  (A) The department of administrative services,	4137
in addition to those powers enumerated in Chapters 124. and 125.	4138
of the Revised Code, and as provided elsewhere by law, shall	4139
exercise the following powers:	4140

(1) To prepare, or contract to be prepared, by licensed	4141
engineers or architects, surveys, general and detailed plans,	4142
specifications, bills of materials, and estimates of cost for any	4143
projects, improvements, or public buildings to be constructed by	4144
state agencies that may be authorized by legislative	4145
appropriations or any other funds made available therefor,	4146
provided that the construction of the projects, improvements, or	4147
public buildings is a statutory duty of the department. This	4148
section does not require the independent employment of an	4149
architect or engineer as provided by section 153.01 of the Revised	4150
Code in the cases to which that section applies nor affect or	4151
alter the existing powers of the director of transportation.	4152

(2) To have general supervision over the construction of any	4153
projects, improvements, or public buildings constructed for a	4154
state agency and over the inspection of materials previous to	4155
their incorporation into those projects, improvements, or	4156
buildings;	4157

(3) To make contracts for and supervise the construction of	4158
any projects and improvements or the construction and repair of	4159
buildings under the control of a state agency, except contracts	4160
for the repair of buildings under the management and control of	4161
the departments of public safety, job and family services, mental	4162
health, mental retardation and developmental disabilities,	4163
rehabilitation and correction, and youth services, the bureau of	4164
workers' compensation, the rehabilitation services commission, and	4165
boards of trustees of educational and benevolent institutions.	4166
These contracts shall be made and entered into by the directors of	4167
public safety, job and family services, mental health, mental	4168
retardation and developmental disabilities, rehabilitation and	4169
correction, and youth services, the administrator of workers'	4170
compensation, the rehabilitation services commission, and the	4171
boards of trustees of such institutions, respectively. All such	4172
contracts may be in whole or in part on unit price basis of	4173
maximum estimated cost, with payment computed and made upon actual	4174
quantities or units.	4175

(4) To prepare and suggest comprehensive plans for the	4176
development of grounds and buildings under the control of a state	4177
agency;	4178

(5) To acquire, by purchase, gift, devise, lease, or grant,	4179
all real estate required by a state agency, in the exercise of	4180
which power the department may exercise the power of eminent	4181
domain, in the manner provided by sections 163.01 to 163.22 of the	4182
Revised Code;	4183

(6) To make and provide all plans, specifications, and models	4184
for the construction and perfection of all systems of sewerage,	4185
drainage, and plumbing for the state in connection with buildings	4186
and grounds under the control of a state agency;	4187

(7) To erect, supervise, and maintain all public monuments	4188
and memorials erected by the state, except where the supervision	4189
and maintenance is otherwise provided by law;	4190

(8) To procure, by lease, storage accommodations for a state	4191
agency;	4192

(9) To lease or grant easements or licenses for unproductive	4193
and unused lands or other property under the control of a state	4194
agency. Such leases, easements, or licenses shall be granted for a	4195
period not to exceed fifteen years and shall be executed for the	4196
state by the director of administrative services and the governor	4197
and shall be approved as to form by the attorney general, provided	4198
that leases, easements, or licenses may be granted to any county,	4199
township, municipal corporation, port authority, water or sewer	4200
district, school district, library district, health district, park	4201
district, soil and water conservation district, conservancy	4202
district, or other political subdivision or taxing district, or	4203
any agency of the United States government, for the exclusive use	4204
of that agency, political subdivision, or taxing district, without	4205
any right of sublease or assignment, for a period not to exceed	4206
fifteen years, and provided that the director shall grant leases,	4207
easements, or licenses of university land for periods not to	4208
exceed twenty-five years for purposes approved by the respective	4209
university's board of trustees wherein the uses are compatible	4210
with the uses and needs of the university and may grant leases of	4211
university land for periods not to exceed forty years for purposes	4212
approved by the respective university's board of trustees pursuant	4213
to section 123.77 of the Revised Code.	4214

(10) To lease office space in buildings for the use of a	4215
state agency;	4216

(11) To have general supervision and care of the storerooms,	4217
offices, and buildings leased for the use of a state agency;	4218

(12) To exercise general custodial care of all real property	4219
of the state;	4220

(13) To assign and group together state offices in any city	4221
in the state and to establish, in cooperation with the state	4222
agencies involved, rules governing space requirements for office	4223
or storage use;	4224

(14) To lease for a period not to exceed forty years,	4225
pursuant to a contract providing for the construction thereof	4226
under a lease-purchase plan, buildings, structures, and other	4227
improvements for any public purpose, and, in conjunction	4228
therewith, to grant leases, easements, or licenses for lands under	4229
the control of a state agency for a period not to exceed forty	4230
years. The lease-purchase plan shall provide that at the end of	4231
the lease period, the buildings, structures, and related	4232
improvements, together with the land on which they are situated,	4233
shall become the property of the state without cost.	4234

(a) Whenever any building, structure, or other improvement is	4235
to be so leased by a state agency, the department shall retain	4236
either basic plans, specifications, bills of materials, and	4237
estimates of cost with sufficient detail to afford bidders all	4238
needed information or, alternatively, all of the following plans,	4239
details, bills of materials, and specifications:	4240

(i) Full and accurate plans suitable for the use of mechanics	4241
and other builders in the improvement;	4242

(ii) Details to scale and full sized, so drawn and	4243
represented as to be easily understood;	4244

(iii) Accurate bills showing the exact quantity of different	4245
kinds of material necessary to the construction;	4246

(iv) Definite and complete specifications of the work to be	4247
performed, together with such directions as will enable a	4248
competent mechanic or other builder to carry them out and afford	4249
bidders all needed information;	4250

(v) A full and accurate estimate of each item of expense and	4251
of the aggregate cost thereof.	4252

(b) The department shall give public notice, in such	4253
newspaper, in such form, and with such phraseology as the director	4254
of administrative services prescribes, published once each week	4255
for four consecutive weeks, of the time when and place where bids	4256
will be received for entering into an agreement to lease to a	4257
state agency a building, structure, or other improvement. The last	4258
publication shall be at least eight days preceding the day for	4259
opening the bids. The bids shall contain the terms upon which the	4260
builder would propose to lease the building, structure, or other	4261
improvement to the state agency. The form of the bid approved by	4262
the department shall be used, and a bid is invalid and shall not	4263
be considered unless that form is used without change, alteration,	4264
or addition. Before submitting bids pursuant to this section, any	4265
builder shall comply with Chapter 153. of the Revised Code.	4266

(c) On the day and at the place named for receiving bids for	4267
entering into lease agreements with a state agency, the director	4268
of administrative services shall open the bids and shall publicly	4269
proceed immediately to tabulate the bids upon duplicate sheets. No	4270
lease agreement shall be entered into until the bureau of workers'	4271
compensation has certified that the person to be awarded the lease	4272
agreement has complied with Chapter 4123. of the Revised Code,	4273
until, if the builder submitting the lowest and best bid is a	4274
foreign corporation, the secretary of state has certified that the	4275
corporation is authorized to do business in this state, until, if	4276
the builder submitting the lowest and best bid is a person	4277
nonresident of this state, the person has filed with the secretary	4278
of state a power of attorney designating the secretary of state as	4279
its agent for the purpose of accepting service of summons in any	4280
action brought under Chapter 4123. of the Revised Code, and until	4281
the agreement is submitted to the attorney general and the	4282
attorney general's approval is certified thereon. Within thirty	4283
days after the day on which the bids are received, the department	4284
shall investigate the bids received and shall determine that the	4285
bureau and the secretary of state have made the certifications	4286
required by this section of the builder who has submitted the	4287
lowest and best bid. Within ten days of the completion of the	4288
investigation of the bids, the department shall award the lease	4289
agreement to the builder who has submitted the lowest and best bid	4290
and who has been certified by the bureau and secretary of state as	4291
required by this section. If bidding for the lease agreement has	4292
been conducted upon the basis of basic plans, specifications,	4293
bills of materials, and estimates of costs, upon the award to the	4294
builder the department, or the builder with the approval of the	4295
department, shall appoint an architect or engineer licensed in	4296
this state to prepare such further detailed plans, specifications,	4297
and bills of materials as are required to construct the building,	4298
structure, or improvement. The department shall adopt such rules	4299
as are necessary to give effect to this section. The department	4300
may reject any bid. Where there is reason to believe there is	4301
collusion or combination among bidders, the bids of those	4302
concerned therein shall be rejected.	4303

(15) To acquire by purchase, gift, devise, or grant and to	4304
transfer, lease, or otherwise dispose of all real property	4305
required to assist in the development of a conversion facility as	4306
defined in section 5709.30 of the Revised Code as that section	4307
existed before its repeal by H.B. 95 of the 125th general	4308
assembly;	4309

(16) To lease for a period not to exceed forty years,	4310
notwithstanding any other division of this section, the	4311
state-owned property located at 408-450 East Town Street,	4312
Columbus, Ohio, formerly the state school for the deaf, to a	4313
developer in accordance with this section. "Developer," as used in	4314
this section, has the same meaning as in section 123.77 of the	4315
Revised Code.	4316

Such a lease shall be for the purpose of development of the	4317
land for use by senior citizens by constructing, altering,	4318
renovating, repairing, expanding, and improving the site as it	4319
existed on June 25, 1982. A developer desiring to lease the land	4320
shall prepare for submission to the department a plan for	4321
development. Plans shall include provisions for roads, sewers,	4322
water lines, waste disposal, water supply, and similar matters to	4323
meet the requirements of state and local laws. The plans shall	4324
also include provision for protection of the property by insurance	4325
or otherwise, and plans for financing the development, and shall	4326
set forth details of the developer's financial responsibility.	4327

The department may employ, as employees or consultants,	4328
persons needed to assist in reviewing the development plans. Those	4329
persons may include attorneys, financial experts, engineers, and	4330
other necessary experts. The department shall review the	4331
development plans and may enter into a lease if it finds all of	4332
the following:	4333

(a) The best interests of the state will be promoted by	4334
entering into a lease with the developer;	4335

(b) The development plans are satisfactory;

4336

(c) The developer has established the developer's financial	4337
responsibility and satisfactory plans for financing the	4338
development.	4339

The lease shall contain a provision that construction or	4340
renovation of the buildings, roads, structures, and other	4341
necessary facilities shall begin within one year after the date of	4342
the lease and shall proceed according to a schedule agreed to	4343
between the department and the developer or the lease will be	4344
terminated. The lease shall contain such conditions and	4345
stipulations as the director considers necessary to preserve the	4346
best interest of the state. Moneys received by the state pursuant	4347
to this lease shall be paid into the general revenue fund. The	4348
lease shall provide that at the end of the lease period the	4349
buildings, structures, and related improvements shall become the	4350
property of the state without cost.	4351

(17) To lease to any person any tract of land owned by the	4352
state and under the control of the department, or any part of such	4353
a tract, for the purpose of drilling for or the pooling of oil or	4354
gas. Such a lease shall be granted for a period not exceeding	4355
forty years, with the full power to contract for, determine the	4356
conditions governing, and specify the amount the state shall	4357
receive for the purposes specified in the lease, and shall be	4358
prepared as in other cases.	4359

(18) Biennially implement, by state agency location, a census	4360
of agency employees assigned space;	4361

(19) Require each state agency to categorize periodically the	4362
use of space allotted to the agency between office space, common	4363
areas, storage space, and other uses and report its findings to	4364
the department;	4365

(20) Create and update periodically a master space	4366
utilization plan for all space allotted to state agencies. The	4367
plan shall incorporate space utilization metrics.	4368

(21) Conduct periodically a cost-benefit analysis to	4369
determine the effectiveness of state-owned buildings;	4370

(22) Assess periodically the alternatives associated with	4371
consolidating the commercial leases for buildings located in	4372
Columbus;	4373

(23) Commission a comprehensive space utilization and	4374
capacity study in order to determine the feasibility of	4375
consolidating existing commercially leased space used by state	4376
agencies into a new state-owned facility.	4377

(B) This section and section 125.02 of the Revised Code shall	4378
not interfere with any of the following:	4379

(1) The power of the adjutant general to purchase military	4380
supplies, or with the custody of the adjutant general of property	4381
leased, purchased, or constructed by the state and used for	4382
military purposes, or with the functions of the adjutant general	4383
as director of state armories;	4384

(2) The power of the director of transportation in acquiring	4385
rights-of-way for the state highway system, or the leasing of	4386
lands for division or resident district offices, or the leasing of	4387
lands or buildings required in the maintenance operations of the	4388
department of transportation, or the purchase of real property for	4389
garage sites or division or resident district offices, or in	4390
preparing plans and specifications for and constructing such	4391
buildings as the director may require in the administration of the	4392
department;	4393

(3) The power of the director of public safety and the	4394
registrar of motor vehicles to purchase or lease real property and	4395
buildings to be used solely as locations to which a deputy	4396
registrar is assigned pursuant to division (B) of section 4507.011	4397
of the Revised Code and from which the deputy registrar is to	4398
conduct the deputy registrar's business, the power of the director	4399
of public safety to purchase or lease real property and buildings	4400
to be used as locations for division or district offices as	4401
required in the maintenance of operations of the department of	4402
public safety, and the power of the superintendent of the state	4403
highway patrol in the purchase or leasing of real property and	4404
buildings needed by the patrol, to negotiate the sale of real	4405
property owned by the patrol, to rent or lease real property owned	4406
or leased by the patrol, and to make or cause to be made repairs	4407
to all property owned or under the control of the patrol;	4408

(4) The power of the division of liquor control in the	4409
leasing or purchasing of retail outlets and warehouse facilities	4410
for the use of the division;	4411

(5) The power of the director of development to enter into	4412
leases of real property, buildings, and office space to be used	4413
solely as locations for the state's foreign offices to carry out	4414
the purposes of section 122.05 of the Revised Code.	4415

(C) Purchases for, and the custody and repair of, buildings	4416
under the management and control of the capitol square review and	4417
advisory board, the rehabilitation services commission, the bureau	4418
of workers' compensation, or the departments of public safety, job	4419
and family services, mental health, mental retardation and	4420
developmental disabilities, and rehabilitation and correction, and	4421
buildings of educational and benevolent institutions under the	4422
management and control of boards of trustees, are not subject to	4423
the control and jurisdiction of the department of administrative	4424
services.	4425

(D) Any instrument by which real property is acquired	4426
pursuant to this section shall identify the agency of the state	4427
that has the use and benefit of the real property as specified in	4428
section 5301.012 of the Revised Code.	4429

Sec. 123.152. (A) As used in this section, "EDGE business	4430
enterprise" means a sole proprietorship, association, partnership,	4431
corporation, limited liability corporation, or joint venture	4432
certified as a participant in the encouraging diversity, growth,	4433
and equity program by the director of administrative services	4434
under this section of the Revised Code.	4435

(B) The director of administrative services shall establish a	4436
business assistance program known as the encouraging diversity,	4437
growth, and equity program and shall adopt rules in accordance	4438
with Chapter 119. of the Revised Code to administer the program	4439
and that do all of the following:	4440

(1) Establish procedures by which a sole proprietorship,	4441
association, partnership, corporation, limited liability	4442
corporation, or joint venture may apply for certification as an	4443
EDGE business enterprise;	4444

(2) Establish agency procurement goals for contracting with	4445
EDGE business enterprises in the award of contracts under Chapters	4446
123., 125., and 153. of the Revised Code based on the availability	4447
of eligible program participants by region or geographic area, as	4448
determined by the director, and by standard industrial code.	4449

(a) Goals established under division (B)(2) of this section	4450
shall be based on a percentage level of participation and a	4451
percentage of contractor availability.	4452

(b) Goals established under division (B)(2) of this section	4453
shall be applied at the contract level, relative to an overall	4454
dollar goal for each state agency, in accordance with the	4455
following certification categories: construction, architecture,	4456
and engineering; professional services; goods and services; and	4457
information technology services.	4458

(3) Establish a system of certifying EDGE business	4459
enterprises based on a requirement that the business owner or	4460
owners show both social and economic disadvantage based on the	4461
following, as determined to be sufficient by the director:	4462

(a) Relative wealth of the business seeking certification as	4463
well as the personal wealth of the owner or owners of the	4464
business;	4465

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

4466

(i) A rebuttable presumption when the business owner or	4467
owners demonstrate membership in a racial minority group or show	4468
personal disadvantage due to color, ethnic origin, gender,	4469
physical disability, long-term residence in an environment	4470
isolated from the mainstream of American society, location in an	4471
area of high unemployment;	4472

(ii) Some other demonstration of personal disadvantage not	4473
common to other small businesses;	4474

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

4475

(c) Economic disadvantage based on economic and business size	4476
thresholds and eligibility criteria designed to stimulate economic	4477
development through contract awards to businesses located in	4478
qualified census tracts.	4479

(4) Establish standards to determine when an EDGE business	4480
enterprise no longer qualifies for EDGE business enterprise	4481
certification;	4482

(5) Develop a process for evaluating and adjusting goals	4483
established by this section to determine what adjustments are	4484
necessary to achieve participation goals established by the	4485
director;	4486

(6) Establish a point system to evaluate bid proposals to	4487
encourage EDGE business enterprises to participate in the	4488
procurement of professional design and information technology	4489
services;	4490

(7) Establish a system to track data and analyze each	4491
certification category established under division (B)(2)(b) of	4492
this section;	4493

(8) Establish a process to mediate complaints and to review	4494
EDGE business enterprise certification appeals;	4495

(9) Implement an outreach program to educate potential	4496
participants about the encouraging diversity, growth, and equity	4497
program;	4498

(10) Establish a system to assist state agencies in	4499
identifying and utilizing EDGE business enterprises in their	4500
contracting processes;	4501

(11) Implement a system of self-reporting by EDGE business	4502
enterprises as well as an on-site inspection process to validate	4503
the qualifications of an EDGE business enterprise;	4504

(12) Establish a waiver mechanism to waive program goals or	4505
participation requirements for those companies that, despite their	4506
best-documented efforts, are unable to contract with certified	4507
EDGE business enterprises;	4508

(13) Establish a process for monitoring overall program	4509
compliance in which equal employment opportunity officers	4510
primarily are responsible for monitoring their respective	4511
agencies.	4512

(C) Not later than December 31, 2003, the director of	4513
administrative services shall prepare a detailed report to the	4514
governor outlining and evaluating the progress made in	4515
implementing the encouraging diversity, growth, and equity	4516
program.	4517

Sec. 124.03.  The state personnel board of review shall	4518
exercise the following powers and perform the following duties:	4519

(A) Hear appeals, as provided by law, of employees in the	4520
classified state service from final decisions of appointing	4521
authorities or the director of administrative services relative to	4522
reduction in pay or position, job abolishments, layoff,	4523
suspension, discharge, assignment or reassignment to a new or	4524
different position classification, or refusal of the director, or	4525
anybody authorized to perform the director's functions, to	4526
reassign an employee to another classification or to reclassify	4527
the employee's position with or without a job audit under division	4528
(D) of section 124.14 of the Revised Code. As used in this	4529
division, "discharge" includes disability separations. The	4530

The board may affirm, disaffirm, or modify the decisions of	4531
the appointing authorities or the director, as the case may be,	4532
and its decision is final. The board's decisions shall be	4533
consistent with the applicable classification specifications. The	4534

The board shall not be deprived of jurisdiction to hear any	4535
appeal due to the failure of an appointing authority to file its	4536
decision with the board. Any final decision of an appointing	4537
authority or of the director not filed in the manner provided in	4538
this chapter shall be disaffirmed. The	4539

The board may place an exempt employee, as defined in section	4540
124.152 of the Revised Code, into a bargaining unit	4541
classification, if the board determines that the bargaining unit	4542
classification is the proper classification for that employee.	4543
Notwithstanding Chapter 4117. of the Revised Code or instruments	4544
and contracts negotiated under it, such placements are at the	4545
board's discretion.	4546

In any hearing before the board, including any hearing at	4547
which a record is taken that may be the basis of an appeal to a	4548
court, an employee may be represented by a person permitted to	4549
practice before the board who is not an attorney at law soas long	4550
as the person does not receive any compensation from the employee	4551
for suchthe representation.	4552

(B) Hear appeals, as provided by law, of appointing	4553
authorities from final decisions of the director relative to the	4554
classification or reclassification of any position in the	4555
classified state service under the jurisdiction of suchthat	4556
appointing authority. The board may affirm, disaffirm, or modify	4557
the decisions of the director, and its decision is final. The	4558
board's decisions shall be consistent with the applicable	4559
classification specifications.	4560

(C) Exercise the authority provided by section 124.40 of the	4561
Revised Code, for appointment, removal, and supervision of	4562
municipal and civil service township civil service commissions;	4563

(D) Appoint a secretary, referees, examiners, and whatever	4564
other employees are necessary in the exercise of its powers and	4565
performance of its duties and functions. The board shall determine	4566
appropriate education and experience requirements for its	4567
secretary, referees, examiners, and other employees and shall	4568
prescribe their duties. A referee or examiner does not need to	4569
have been admitted to the practice of law.	4570

(E) Maintain a journal whichthat shall be open to public	4571
inspection, in which it shall keep a record of all of its	4572
proceedings and of the vote of each of its members upon every	4573
action taken by it;	4574

(F) Adopt rules in accordance with Chapter 119. of the	4575
Revised Code relating to the procedure of the board in	4576
administering the laws which it has the authority or duty to	4577
administer and for the purpose of invoking the jurisdiction of the	4578
board in hearing appeals of appointing authorities and employees	4579
in matters set forth in divisions (A) and (B) of this section;	4580

(G) Subpoena and require the attendance and testimony of	4581
witnesses and the production of books, papers, public records, and	4582
other documentary evidence pertinent to any matter which it has	4583
authority to investigate, inquire into, or hear in the same manner	4584
and to the same extent as provided by division (G) of section	4585
124.09 of the Revised Code. All witness fees shall be paid in the	4586
manner set forth in that division.	4587

(H) The board shall be funded by general revenue fund	4588
appropriations. All moneys received by the board for copies of	4589
documents, rule books, and transcriptions shall be paid into the	4590
state treasury to the credit of the transcript and other documents	4591
fund, which is hereby created to defray the cost of furnishing or	4592
making available such copies, rule books, and transcriptions	4593
producing an administrative record.	4594

Sec. 124.15.  (A) Board and commission members appointed	4595
prior to July 1, 1991, shall be paid a salary or wage in	4596
accordance with the following schedules of rates:	4597

Schedule B

4598

Pay Ranges and Step Values

4599

Schedule C

4684

Pay Range and Values

4685

(B) The pay schedule of all employees shall be on a biweekly	4705
basis, with amounts computed on an hourly basis.	4706

(C) Part-time employees shall be compensated on an hourly	4707
basis for time worked, at the rates shown in division (A) of this	4708
section or in section 124.152 of the Revised Code.	4709

(D) The salary and wage rates in division (A) of this section	4710
or in section 124.152 of the Revised Code represent base rates of	4711
compensation and may be augmented by the provisions of section	4712
124.181 of the Revised Code. In those cases where lodging, meals,	4713
laundry, or other personal services are furnished an employee, the	4714
actual costs or fair market value of the personal services shall	4715
be paid by the employee in such amounts and manner as determined	4716
by the director of administrative services and approved by the	4717
director of budget and management, and those personal services	4718
shall not be considered as a part of the employee's compensation.	4719
An appointing authority, with the approval of the director of	4720
administrative services and the director of budget and management,	4721
may establish payments to employees for uniforms, tools,	4722
equipment, and other requirements of the department and payments	4723
for the maintenance of them.	4724

The director of administrative services may review collective	4725
bargaining agreements entered into under Chapter 4117. of the	4726
Revised Code that cover state employees and determine whether	4727
certain benefits or payments provided to state employees covered	4728
by those agreements should also be provided to employees who are	4729
exempt from collective bargaining coverage and are paid in	4730
accordance with section 124.152 of the Revised Code or are listed	4731
in division (B)(2) or (4) of section 124.14 of the Revised Code.	4732
On completing the review, the director of administrative services,	4733
with the approval of the director of budget and management, may	4734
provide to some or all of these employees any payment or benefit,	4735
except for salary, contained in such a collective bargaining	4736
agreement even if it is similar to a payment or benefit already	4737
provided by law to some or all of these employees. Any payment or	4738
benefit so provided shall not exceed the highest level for that	4739
payment or benefit specified in such a collective bargaining	4740
agreement. The director of administrative services shall not	4741
provide, and the director of budget and management shall not	4742
approve, any payment or benefit to such an employee under this	4743
division unless the payment or benefit is provided pursuant to a	4744
collective bargaining agreement to a state employee who is in a	4745
position with similar duties as, is supervised by, or is employed	4746
by the same appointing authority as, the employee to whom the	4747
benefit or payment is to be provided.	4748

As used in this division, "payment or benefit already	4749
provided by law" includes, but is not limited to, bereavement,	4750
personal, vacation, administrative, and sick leave, disability	4751
benefits, holiday pay, and pay supplements provided under the	4752
Revised Code, but does not include wages or salary.	4753

(E) New employees paid under schedule B of division (A) of	4754
this section or under schedule E-1 of section 124.152 of the	4755
Revised Code shall be employed at the minimum rate established for	4756
the range unless otherwise provided. Employees with qualifications	4757
that are beyond the minimum normally required for the position and	4758
that are determined by the director to be exceptional may be	4759
employed in, or may be transferred or promoted to, a position at	4760
an advanced step of the range. Further, in time of a serious labor	4761
market condition when it is relatively impossible to recruit	4762
employees at the minimum rate for a particular classification, the	4763
entrance rate may be set at an advanced step in the range by the	4764
director of administrative services. This rate may be limited to	4765
geographical regions of the state. Appointments made to an	4766
advanced step under the provision regarding exceptional	4767
qualifications shall not affect the step assignment of employees	4768
already serving. However, anytime the hiring rate of an entire	4769
classification is advanced to a higher step, all incumbents of	4770
that classification being paid at a step lower than that being	4771
used for hiring, shall be advanced beginning at the start of the	4772
first pay period thereafter to the new hiring rate, and any time	4773
accrued at the lower step will be used to calculate advancement to	4774
a succeeding step. If the hiring rate of a classification is	4775
increased for only a geographical region of the state, only	4776
incumbents who work in that geographical region shall be advanced	4777
to a higher step. When an employee in the unclassified service	4778
changes from one state position to another or is appointed to a	4779
position in the classified service, or if an employee in the	4780
classified service is appointed to a position in the unclassified	4781
service, the employee's salary or wage in the new position shall	4782
be determined in the same manner as if the employee were an	4783
employee in the classified service. When an employee in the	4784
unclassified service who is not eligible for step increases is	4785
appointed to a classification in the classified service under	4786
which step increases are provided, future step increases shall be	4787
based on the date on which the employee last received a pay	4788
increase. If the employee has not received an increase during the	4789
previous year, the date of the appointment to the classified	4790
service shall be used to determine the employee's annual step	4791
advancement eligibility date. In reassigning any employee to a	4792
classification resulting in a pay range increase or to a new pay	4793
range as a result of a promotion, an increase pay range	4794
adjustment, or other classification change resulting in a pay	4795
range increase, the director shall assign such employee to the	4796
step in the new pay range that will provide an increase of	4797
approximately four per cent if the new pay range can accommodate	4798
the increase. When an employee is being assigned to a	4799
classification or new pay range as the result of a class plan	4800
change, if the employee has completed a probationary period, the	4801
employee shall be placed in a step no lower than step two of the	4802
new pay range. If the employee has not completed a probationary	4803
period, the employee may be placed in step one of the new pay	4804
range. Such new salary or wage shall become effective on such date	4805
as the director determines.	4806

(F) If employment conditions and the urgency of the work	4807
require such action, the director of administrative services may,	4808
upon the application of a department head, authorize payment at	4809
any rate established within the range for the class of work, for	4810
work of a casual or intermittent nature or on a project basis.	4811
Payment at such rates shall not be made to the same individual for	4812
more than three calendar months in any one calendar year. Any such	4813
action shall be subject to the approval of the director of budget	4814
and management as to the availability of funds. This section and	4815
sections 124.14 and 124.152 of the Revised Code do not repeal any	4816
authority of any department or public official to contract with or	4817
fix the compensation of professional persons who may be employed	4818
temporarily for work of a casual nature or for work on a project	4819
basis.	4820

(G) Each(1) Except as provided in division (G)(2) of this	4821
section, each state employee paid under schedule B of this section	4822
or under schedule E-1 of section 124.152 of the Revised Code shall	4823
be eligible for advancement to succeeding steps in the range for	4824
the employee's class according to the schedule established in this	4825
division. Beginning on the first day of the pay period within	4826
which the employee completes the prescribed probationary period in	4827
the employee's classification with the state, each employee shall	4828
receive an automatic salary adjustment equivalent to the next	4829
higher step within the pay range for the employee's class or	4830
grade.	4831

Each employee paid under schedule E-1 of section 124.152 of	4832
the Revised Code shall be eligible to advance to the next higher	4833
step until the employee reaches step six, if the employee has	4834
maintained satisfactory performance in accordance with criteria	4835
established by the employee's appointing authority. Those step	4836
increasesadvancements shall not occur more frequently than once	4837
in any twelve-month period. An employee only may advance to step	4838
seven upon performing at an exemplary level as determined in the	4839
employee's performance evaluation. An employee's advancement to	4840
step seven is at the discretion of the employee's appointing	4841
authority. An employee may not appeal the denial of advancement to	4842
step seven to the state personnel board of review.	4843

When an employee is promoted or reassigned to a higher pay	4844
range, the employee's step indicator shall return to "0" or be	4845
adjusted to account for a probationary period, as appropriate.	4846
Step advancement shall not be affected by demotion. A promoted	4847
employee shall advance to the next higher step of the pay range on	4848
the first day of the pay period in which the required probationary	4849
period is completed. Step advancement shall become effective at	4850
the beginning of the pay period within which the employee attains	4851
the necessary length of service. Time spent on authorized leave of	4852
absence shall be counted for this purpose.	4853

If determined to be in the best interest of the state	4854
service, the director of administrative services may, either	4855
statewide or in selected agencies, adjust the dates on which	4856
annual step increasesadvancements are received by employees paid	4857
under schedule E-1 of section 124.152 of the Revised Code.	4858

(2)(a)(i) Except as provided in division (G)(2)(a)(ii) of	4859
this section, there shall be a moratorium on step advancements	4860
under division (G)(1) of this section from the pay period	4861
beginning June 29, 2003, through the pay period ending June 25,	4862
2005. Step advancements shall resume with the pay period beginning	4863
June 26, 2005. Upon the resumption of step advancements, there	4864
shall be no retroactive step advancements for the period the	4865
moratorium was in effect. The moratorium shall not affect an	4866
employee's performance evaluation schedule.	4867

(ii) During the moratorium under division (G)(2)(a)(i) of	4868
this section, an employee who is hired or promoted and serves a	4869
probationary period in the employee's new position shall advance	4870
to the next step in the employee's pay range upon successful	4871
completion of the employee's probationary period. Thereafter, the	4872
employee is subject to the moratorium.	4873

(b) The moratorium under division (G)(2)(a)(i) of this	4874
section shall apply to the employees of the secretary of state,	4875
the auditor of state, the treasurer of state, the attorney	4876
general, the supreme court, and state boards and commissions, who	4877
are subject to this section unless the secretary of state, auditor	4878
of state, treasurer of state, attorney general, supreme court,	4879
board, or commission decides to exempt its employees from the	4880
moratorium and so notifies the director of administrative services	4881
in writing on or before July 1, 2003.	4882

(H) Employees in appointive managerial or professional	4883
positions paid under salary schedule C of this section or under	4884
salary schedule E-2 of section 124.152 of the Revised Code may be	4885
appointed at any rate within the appropriate pay range. This rate	4886
of pay may be adjusted higher or lower within the respective pay	4887
range at any time the appointing authority so desires as long as	4888
the adjustment is based on the employee's ability to successfully	4889
administer those duties assigned to the employee. Salary	4890
adjustments shall not be made more frequently than once in any	4891
six-month period under this provision to incumbents holding the	4892
same position and classification.	4893

(I) When an employee is assigned to duty outside this state,	4894
the employee may be compensated, upon request of the department	4895
head and with the approval of the director of administrative	4896
services, at a rate not to exceed fifty per cent in excess of the	4897
employee's current base rate for the period of time spent on that	4898
duty.	4899

(J) Unless compensation for members of a board or commission	4900
is otherwise specifically provided by law, the director of	4901
administrative services shall establish the rate and method of	4902
payment for members of boards and commissions pursuant to the pay	4903
schedules listed in section 124.152 of the Revised Code.	4904

(K) Regular full-time employees in positions assigned to	4905
classes within the instruction and education administration series	4906
under the rules of the director of administrative services, except	4907
certificated employees on the instructional staff of the state	4908
school for the blind or the state school for the deaf, whose	4909
positions are scheduled to work on the basis of an academic year	4910
rather than a full calendar year, shall be paid according to the	4911
pay range assigned by such rules but only during those pay periods	4912
included in the academic year of the school where the employee is	4913
located.	4914

(1) Part-time or substitute teachers or those whose period of	4915
employment is other than the full academic year shall be	4916
compensated for the actual time worked at the rate established by	4917
this section.	4918

(2) Employees governed by this division are exempt from	4919
sections 124.13 and 124.19 of the Revised Code.	4920

(3) Length of service for the purpose of determining	4921
eligibility for step increasesadvancements as provided by	4922
division (G) of this section and for the purpose of determining	4923
eligibility for longevity pay supplements as provided by division	4924
(F)(E) of section 124.181 of the Revised Code shall be computed on	4925
the basis of one full year of service for the completion of each	4926
academic year.	4927

(L) The superintendent of the state school for the deaf and	4928
the superintendent of the state school for the blind shall,	4929
subject to the approval of the superintendent of public	4930
instruction, carry out both of the following:	4931

(1) Annually, between the first day of April and the last day	4932
of June, establish for the ensuing fiscal year a schedule of	4933
hourly rates for the compensation of each certificated employee on	4934
the instructional staff of that superintendent's respective school	4935
constructed as follows:	4936

(a) Determine for each level of training, experience, and	4937
other professional qualification for which an hourly rate is set	4938
forth in the current schedule, the per cent that rate is of the	4939
rate set forth in such schedule for a teacher with a bachelor's	4940
degree and no experience. If there is more than one such rate for	4941
such a teacher, the lowest rate shall be used to make the	4942
computation.	4943

(b) Determine which six city, local, and exempted village	4944
school districts with territory in Franklin county have in effect	4945
on, or have adopted by, the first day of April for the school year	4946
that begins on the ensuing first day of July, teacher salary	4947
schedules with the highest minimum salaries for a teacher with a	4948
bachelor's degree and no experience;	4949

(c) Divide the sum of such six highest minimum salaries by	4950
ten thousand five hundred sixty;	4951

(d) Multiply each per cent determined in division (L)(1)(a)	4952
of this section by the quotient obtained in division (L)(1)(c) of	4953
this section;	4954

(e) One hundred five per cent of each product thus obtained	4955
shall be the hourly rate for the corresponding level of training,	4956
experience, or other professional qualification in the schedule	4957
for the ensuing fiscal year.	4958

(2) Annually, assign each certificated employee on the	4959
instructional staff of the superintendent's respective school to	4960
an hourly rate on the schedule that is commensurate with the	4961
employee's training, experience, and other professional	4962
qualifications.	4963

If an employee is employed on the basis of an academic year,	4964
the employee's annual salary shall be calculated by multiplying	4965
the employee's assigned hourly rate times one thousand seven	4966
hundred sixty. If an employee is not employed on the basis of an	4967
academic year, the employee's annual salary shall be calculated in	4968
accordance with the following formula:	4969

(a) Multiply the number of days the employee is required to	4970
work pursuant to the employee's contract by eight;	4971

(b) Multiply the product of division (L)(2)(a) of this	4972
section by the employee's assigned hourly rate.	4973

Each employee shall be paid an annual salary in biweekly	4974
installments. The amount of each installment shall be calculated	4975
by dividing the employee's annual salary by the number of biweekly	4976
installments to be paid during the year.	4977

Sections 124.13 and 124.19 of the Revised Code do not apply	4978
to an employee who is paid under this division.	4979

As used in this division, "academic year" means the number of	4980
days in each school year that the schools are required to be open	4981
for instruction with pupils in attendance. Upon completing an	4982
academic year, an employee paid under this division shall be	4983
deemed to have completed one year of service. An employee paid	4984
under this division is eligible to receive a pay supplement under	4985
division (L)(1), (2), or (3) of section 124.181 of the Revised	4986
Code for which the employee qualifies, but is not eligible to	4987
receive a pay supplement under division (L)(4) or (5) of that	4988
section. An employee paid under this division is eligible to	4989
receive a pay supplement under division (L)(6) of section 124.181	4990
of the Revised Code for which the employee qualifies, except that	4991
the supplement is not limited to a maximum of five per cent of the	4992
employee's regular base salary in a calendar year.	4993

(M) Division (A) of this section does not apply to "exempt	4994
employees," as defined in section 124.152 of the Revised Code, who	4995
are paid under that section.	4996

Notwithstanding any other provisions of this chapter, when an	4997
employee transfers between bargaining units or transfers out of or	4998
into a bargaining unit, the director shall establish the	4999
employee's compensation and adjust the maximum leave accrual	5000
schedule as the director deems equitable.	5001

Sec. 124.152.  (A) Beginning on the first day of the pay	5002
period that includes July 1, 2000, each exempt employee shall be	5003
paid a salary or wage in accordance with the following schedule of	5004
rates:	5005

Schedule E-1

5006

Pay Ranges and Step Values

5007

Schedule E-2

5046

(B) Beginning on the first day of the pay period that	5066
includes July 1, 2001, each exempt employee shall be paid a salary	5067
or wage in accordance with the following schedule of rates:	5068

Schedule E-1

5069

Pay Ranges and Step Values

5070

Schedule E-2

5109

(C) Beginning on the first day of the pay period that	5129
includes July 1, 2002, each exempt employee shall be paid a salary	5130
or wage in accordance with the following schedule of rates:	5131

Schedule E-1

5132

Pay Ranges and Step Values

5133

Schedule E-2

5172

(D)(B) Beginning on the first day of the pay period that	5192
includes July 1, 2005, each exempt employee shall be paid a salary	5193
or wage in accordance with the following schedule of rates:	5194

Schedule E-1

5195

Pay Ranges and Step Values

5196

Schedule E-2

5235

(C) As used in this section, "exempt employee" means a	5255
permanent full-time or permanent part-time employee paid directly	5256
by warrant of the auditor of state whose position is included in	5257
the job classification plan established under division (A) of	5258
section 124.14 of the Revised Code but who is not considered a	5259
public employee for the purposes of Chapter 4117. of the Revised	5260
Code. As used in this section, "exempt employee" also includes a	5261
permanent full-time or permanent part-time employee of the	5262
secretary of state, auditor of state, treasurer of state, or	5263
attorney general who has not been placed in an appropriate	5264
bargaining unit by the state employment relations board.	5265

Sec. 124.181.  (A) Except as provided in division (M) of this	5266
section, any employee paid under schedule B of section 124.15 or	5267
under schedule E-1 of section 124.152 of the Revised Code is	5268
eligible for the pay supplements provided in this section upon	5269
application by the appointing authority substantiating the	5270
employee's qualifications for the supplement and with the approval	5271
of the director of administrative services except as provided in	5272
division (E) of this section.	5273

(B) InExcept as provided in section 124.183 of the Revised	5274
Code, in computing any of the pay supplements provided in this	5275
section, the classification salary base shall be the minimum	5276
hourly rate of the pay range, provided in section 124.15 or	5277
124.152 of the Revised Code, in which the employee is assigned at	5278
the time of computation.	5279

(C) The effective date of any pay supplement, except as	5280
provided in section 124.183 of the Revised Code or unless	5281
otherwise provided in this section, shall be determined by the	5282
director.	5283

(D) The director shall, by rule, establish standards	5284
regarding the administration of this section.	5285

(E)(1) Except as otherwise provided in this division,	5286
beginning on the first day of the pay period within which the	5287
employee completes five years of total service with the state	5288
government or any of its political subdivisions, each employee in	5289
positions paid under salary schedule B of section 124.15 or under	5290
salary schedule E-1 of section 124.152 of the Revised Code shall	5291
receive an automatic salary adjustment equivalent to two and	5292
one-half per cent of the classification salary base, to the	5293
nearest whole cent. Each employee shall receive thereafter an	5294
annual adjustment equivalent to one-half of one per cent of the	5295
employee's classification salary base, to the nearest whole cent,	5296
for each additional year of qualified employment until a maximum	5297
of ten per cent of the employee's classification salary base is	5298
reached. The granting of longevity adjustments shall not be	5299
affected by promotion, demotion, or other changes in	5300
classification held by the employee, nor by any change in pay	5301
range for the employee's class. Longevity pay adjustments shall	5302
become effective at the beginning of the pay period within which	5303
the employee completes the necessary length of service, except	5304
that when an employee requests credit for prior service, the	5305
effective date of the prior service credit and of any longevity	5306
adjustment shall be the first day of the pay period following	5307
approval of the credit by the director of administrative services.	5308
No employee, other than an employee who submits proof of prior	5309
service within ninety days after the date of the employee's	5310
hiring, shall receive any longevity adjustment for the period	5311
prior to the director's approval of a prior service credit. Time	5312
spent on authorized leave of absence shall be counted for this	5313
purpose.	5314

(2) An employee who has retired in accordance with the	5315
provisions of any retirement system offered by the state and who	5316
is employed by the state or any political subdivision of the state	5317
on or after June 24, 1987, shall not have prior service with the	5318
state or any political subdivision of the state counted for the	5319
purpose of determining the amount of the salary adjustment	5320
provided under this division.	5321

(3) There shall be a moratorium on employees' receipt under	5322
this division of credit for service with the state government or	5323
any of its political subdivisions during the period from July 1,	5324
2003, through June 30, 2005. In calculating the number of years of	5325
total service under this division, no credit shall be included for	5326
service during the moratorium. The moratorium shall apply to the	5327
employees of the secretary of state, the auditor of state, the	5328
treasurer of state, the attorney general, the supreme court, and	5329
state boards and commissions, who are subject to this section	5330
unless the secretary of state, auditor of state, treasurer of	5331
state, attorney general, supreme court, board, or commission	5332
decides to exempt its employees from the moratorium and so	5333
notifies the director of administrative services in writing.	5334

If an employee is exempt from the moratorium, receives credit	5335
for a period of service during the moratorium, and takes a	5336
position with another entity in the state government or any of its	5337
political subdivisions, either during or after the moratorium, and	5338
if that entity's employees are or were subject to the moratorium,	5339
the employee shall continue to retain the credit. However, if the	5340
moratorium is in effect upon the taking of the new position, the	5341
employee shall cease receiving additional credit as long as the	5342
employee is in the position, until the moratorium expires.	5343

(F) When an exceptional condition exists that creates a	5344
temporary or a permanent hazard for one or more positions in a	5345
class paid under schedule B of section 124.15 or under salary	5346
schedule E-1 of section 124.152 of the Revised Code, a special	5347
hazard salary adjustment may be granted for the time the employee	5348
is subjected to the hazardous condition. All special hazard	5349
conditions shall be identified for each position and incidence	5350
from information submitted to the director on an appropriate form	5351
provided by the director and categorized into standard conditions	5352
of: some unusual hazard not common to the class; considerable	5353
unusual hazard not common to the class; and exceptional hazard not	5354
common to the class.	5355

(1) A hazardous salary adjustment of five per cent of the	5356
employee's classification salary base may be applied in the case	5357
of some unusual hazardous condition not common to the class for	5358
those hours worked, or a fraction thereof, while the employee was	5359
subject to the unusual hazard condition.	5360

(2) A hazardous salary adjustment of seven and one-half per	5361
cent of the employee's classification salary base may be applied	5362
in the case of some considerable hazardous condition not common to	5363
the class for those hours worked, or a fraction thereof, while the	5364
employee was subject to the considerable hazard condition.	5365

(3) A hazardous salary adjustment of ten per cent of the	5366
employee's classification salary base may be applied in the case	5367
of some exceptional hazardous condition not common to the class	5368
for those hours worked, or a fraction thereof, when the employee	5369
was subject to the exceptional hazard condition.	5370

(4) Each claim for temporary hazard pay shall be submitted as	5371
a separate payment and shall be subject to an administrative audit	5372
by the director as to the extent and duration of the employee's	5373
exposure to the hazardous condition.	5374

(G) When a full-time employee whose salary or wage is paid	5375
directly by warrant of the auditor of state and who also is	5376
eligible for overtime under the "Fair Labor Standards Act of	5377
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, is ordered	5378
by the appointing authority to report back to work after	5379
termination of the employee's regular work schedule and the	5380
employee reports, the employee shall be paid for such time. The	5381
employee shall be entitled to four hours at the employee's total	5382
rate of pay or overtime compensation for the actual hours worked,	5383
whichever is greater. This division does not apply to work that is	5384
a continuation of or immediately preceding an employee's regular	5385
work schedule.	5386

(H) When a certain position or positions paid under schedule	5387
B of section 124.15 or under salary schedule E-1 of section	5388
124.152 of the Revised Code require the ability to speak or write	5389
a language other than English, a special pay supplement may be	5390
granted to attract bilingual individuals, to encourage present	5391
employees to become proficient in other languages, or to retain	5392
qualified bilingual employees. The bilingual pay supplement	5393
provided in this division may be granted in the amount of five per	5394
cent of the employee's classification salary base for each	5395
required foreign language and shall remain in effect as long as	5396
the bilingual requirement exists.	5397

(I) The director may establish a shift differential for	5398
employees. Such differential shall be paid to employees in	5399
positions working in other than the regular or first shift. In	5400
those divisions or agencies where only one shift prevails, no	5401
shift differential shall be paid regardless of the hours of the	5402
day that are worked. The director and the appointing authority	5403
shall designate which positions shall be covered by this division.	5404

(J) Whenever an employee is assigned to work in a higher	5405
level position for a continuous period of more than two weeks but	5406
no more than two years because of a vacancy, the employee's pay	5407
may be established at a rate that is approximately four per cent	5408
above the employee's current base rate for the period the employee	5409
occupies the position, provided that this temporary occupancy is	5410
approved by the director. Employees paid under this division shall	5411
continue to receive any of the pay supplements due them under	5412
other divisions of this section based on the step one base rate	5413
for their normal classification.	5414

(K) If a certain position, or positions, within a class paid	5415
under schedule B of section 124.15 or under salary schedule E-1 of	5416
section 124.152 of the Revised Code are mandated by state or	5417
federal law or regulation or other regulatory agency or other	5418
certification authority to have special technical certification,	5419
registration, or licensing to perform the functions which are	5420
under the mandate, a special professional achievement pay	5421
supplement may be granted. This special professional achievement	5422
pay supplement shall not be granted when all incumbents in all	5423
positions in a class require license as provided in the	5424
classification description published by the department of	5425
administrative services; to licensees where no special or	5426
extensive training is required; when certification is granted upon	5427
completion of a stipulated term of in-service training; when an	5428
appointing authority has required certification; or any other	5429
condition prescribed by the director.	5430

(1) Before this supplement may be applied, evidence as to the	5431
requirement must be provided by the agency for each position	5432
involved, and certification must be received from the director as	5433
to the director's concurrence for each of the positions so	5434
affected.	5435

(2) The professional achievement pay supplement provided in	5436
this division shall be granted in an amount up to ten per cent of	5437
the employee's classification salary base and shall remain in	5438
effect as long as the mandate exists.	5439

(L) Those employees assigned to teaching supervisory,	5440
principal, assistant principal, or superintendent positions who	5441
have attained a higher educational level than a basic bachelor's	5442
degree may receive an educational pay supplement to remain in	5443
effect as long as the employee's assignment and classification	5444
remain the same.	5445

(1) An educational pay supplement of two and one-half per	5446
cent of the employee's classification salary base may be applied	5447
upon the achievement of a bachelor's degree plus twenty quarter	5448
hours of postgraduate work.	5449

(2) An educational pay supplement of an additional five per	5450
cent of the employee's classification salary base may be applied	5451
upon achievement of a master's degree.	5452

(3) An educational pay supplement of an additional two and	5453
one-half per cent of the employee's classification salary base may	5454
be applied upon achievement of a master's degree plus thirty	5455
quarter hours of postgraduate work.	5456

(4) An educational pay supplement of five per cent of the	5457
employee's classification salary base may be applied when the	5458
employee is performing as a master teacher.	5459

(5) An educational pay supplement of five per cent of the	5460
employee's classification salary base may be applied when the	5461
employee is performing as a special education teacher.	5462

(6) Those employees in teaching supervisory, principal,	5463
assistant principal, or superintendent positions who are	5464
responsible for specific extracurricular activity programs shall	5465
receive overtime pay for those hours worked in excess of their	5466
normal schedule, at their straight time hourly rate up to a	5467
maximum of five per cent of their regular base salary in any	5468
calendar year.	5469

(M)(1) A state agency, board, or commission may establish a	5470
supplementary compensation schedule for those licensed physicians	5471
employed by the agency, board, or commission in positions	5472
requiring a licensed physician. The supplementary compensation	5473
schedule, together with the compensation otherwise authorized by	5474
this chapter, shall provide for the total compensation for these	5475
employees to range appropriately, but not necessarily uniformly,	5476
for each classification title requiring a licensed physician, in	5477
accordance with a schedule approved by the state controlling	5478
board. The individual salary levels recommended for each such	5479
physician employed shall be approved by the director.	5480
Notwithstanding section 124.11 of the Revised Code, such personnel	5481
are in the unclassified civil service.	5482

(2) The director of administrative services may approve	5483
supplementary compensation for the director of health, if the	5484
director is a licensed physician, in accordance with a	5485
supplementary compensation schedule approved under division (M)(1)	5486
of this section or in accordance with another supplementary	5487
compensation schedule the director of administrative services	5488
considers appropriate. The supplementary compensation shall not	5489
exceed twenty per cent of the director of health's base rate of	5490
pay.	5491

(N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36,	5492
117.42, and 131.02 of the Revised Code, the state shall not	5493
institute any civil action to recover and shall not seek	5494
reimbursement for overpayments made in violation of division (E)	5495
of this section or division (C) of section 9.44 of the Revised	5496
Code for the period starting after June 24, 1987, and ending on	5497
October 31, 1993.	5498

(O) Employees of the office of the treasurer of state who are	5499
exempt from collective bargaining coverage may be granted a merit	5500
pay supplement of up to one and one-half per cent of their step	5501
rate. The rate at which this supplement is granted shall be based	5502
on performance standards established by the treasurer of state.	5503
Any supplements granted under this division shall be administered	5504
on an annual basis.	5505

Sec. 124.183.  (A) As used in this section, "active payroll"	5506
means when an employee is actively working; on military, worker's	5507
compensation, occupational injury, or disability leave; or on an	5508
approved leave of absence.	5509

(B) Each permanent employee paid under schedule E-1 of	5510
section 124.152 of the Revised Code who was appointed on or before	5511
March 6, 2003, and is on the active payroll as of November 14,	5512
2004, shall receive a one-time pay supplement. The supplement	5513
shall be a two per cent lump sum payment that is based on the	5514
annualization of the top step of the pay range that the employee	5515
is in on November 14, 2004.	5516

Each permanent employee paid under schedule E-2 of section	5517
124.152 of the Revised Code who was appointed on or before March	5518
6, 2003, and is on the active payroll as of November 14, 2004,	5519
shall receive a one-time pay supplement. The supplement shall be a	5520
two per cent lump sum payment that is based upon the annualization	5521
of the maximum hourly rate of the pay range that the employee is	5522
in on November 14, 2004.	5523

(C) Each permanent employee who is exempt from collective	5524
bargaining, is not covered by division (B) of this section, was	5525
appointed on or before March 6, 2003, and is on the active payroll	5526
as of November 14, 2004, shall receive a one-time pay supplement.	5527
The supplement shall be a two per cent lump sum payment that is	5528
based upon the annualization of the base rate of the employee's	5529
pay on November 14, 2004.	5530

(D) A part-time employee who is eligible to receive a	5531
one-time pay supplement under division (B) or (C) of this section	5532
shall have the employee's one-time pay supplement pro-rated based	5533
on the number of hours worked in the twenty-six pay periods prior	5534
to November 14, 2004.	5535

An employee who is eligible to receive a one-time pay	5536
supplement under division (B) or (C) of this section and was on a	5537
voluntary leave of absence shall have the employee's one-time pay	5538
supplement pro-rated based on the number of hours worked in the	5539
twenty-six pay periods prior to November 14, 2004.	5540

(E) A one-time pay supplement under this section shall be	5541
paid in the employee's first paycheck in December of 2004.	5542

(F) Notwithstanding any provision of law to the contrary, a	5543
one-time pay supplement under this section shall not be subject to	5544
withholding for deposit into any state retirement system.	5545
Notwithstanding any provision of law to the contrary, a one-time	5546
pay supplement under this section shall not be used for	5547
calculation purposes in determining an employee's retirement	5548
benefits in any state retirement system.	5549

(G)(1) This section does not apply to employees of the	5550
general assembly, legislative agencies, or the supreme court.	5551

(2) This section does not apply to employees of the secretary	5552
of state, auditor of state, treasurer of state, attorney general,	5553
or state boards and commissions unless the secretary of state,	5554
auditor of state, treasurer of state, attorney general, board, or	5555
commission decides that its employees should be eligible for the	5556
one-time pay supplement and so notifies the director of	5557
administrative services in writing on or before July 1, 2004.	5558

Sec. 125.073. (A) The department of administrative services	5559
shall actively promote and accelerate the use of electronic	5560
procurement, including reverse auctions as defined by section	5561
125.072 of the Revised Code, by implementing the relevant	5562
recommendations concerning electronic procurement from the "2000	5563
Management Improvement Commission Report to the Governor" when	5564
exercising its statutory powers.	5565

(B) Beginning July 1, 2004, the department shall annually on	5566
or before the first day of July report to the committees in each	5567
house of the general assembly dealing with finance indicating the	5568
effectiveness of electronic procurement.	5569

Sec. 125.15.  All state agencies required to secure any	5570
equipment, materials, supplies, or services, or contracts of	5571
insurance from the department of administrative services shall	5572
make acquisition in the manner and upon forms prescribed by the	5573
director of administrative services and shall reimburse the	5574
department for the equipment, materials, supplies, or services, or	5575
contracts of insurance, including a reasonable sum to cover the	5576
department's administrative costs, whenever reimbursement is	5577
required by the department. The money so paid shall be deposited	5578
in the state treasury to the credit of the general services fund	5579
or the information technology fund, as appropriate. SuchThose	5580
funds are hereby created.	5581

Sec. 125.91.  As used in sections 125.92 to 125.98 of the	5582
Revised Code:	5583

(A) "State agency" includes every department, bureau, board,	5584
commission, office, or other organized body established by the	5585
constitution and laws of the state for the exercise of any	5586
function of state government, but does not include any	5587
state-supported institution of higher education, the general	5588
assembly or any legislative agency, the attorney general, the	5589
auditor of state, the secretary of state, the treasurer of state,	5590
the bureau of workers' compensation, any court or judicial agency,	5591
or any political subdivision or agency thereofof a political	5592
subdivision.	5593

(B) "Form" means any document, device, or item used to convey	5594
information, regardless of medium, that has blank spaces for the	5595
insertion of information and that may have a predetermined format	5596
and data elements to guide the entry, interpretration	5597
interpretation, and use of the information. "Form" does not	5598
include letterheads, envelopes, labels, tags, tickets, or note	5599
pads, or forms mandated by the federal government, but does	5600
include all computer-generated forms except those mandated by the	5601
federal government. As used in sections 125.931 to 125.935 of the	5602
Revised Code, "form" applies only to a form that is used by a	5603
state agency and that is completed in whole or in part by private	5604
business, political subdivisions, or the public.	5605

Sec. 125.92.  There is hereby established in the department	5606
of administrative services a state forms management control center	5607
program, which shall be under the control and supervision of the	5608
director of administrative services, who shall appoint an	5609
administrator of the centeror the director's designee.	5610

The centerstate forms management program shall develop,	5611
implement, and maintain a statewide forms management program that	5612
involvesbe developed, implemented, and maintained for all state	5613
agencies and isbe designed to simplify, consolidate, or	5614
eliminate, when expedient, forms, surveys, and other documents	5615
used by state agencies. In developing the program, particular	5616
emphasis shall be placed upon determining the actual need for any	5617
information, records, and reports sought from private business,	5618
agriculture, and local governments through the use of such forms,	5619
surveys, and other documents.	5620

Sec. 125.93.  The state forms management control center	5621
program shall do each of the following:	5622

(A) Assist state agencies in establishing internal forms	5623
management capabilities;	5624

(B) Study, develop, coordinate, and initiate forms of	5625
interagency and common administrative usage, and establish basic	5626
design and specification criteria to standardize state forms;	5627

(C) Assist state agencies to design economical forms and	5628
compose art work for forms;	5629

(D) Establish and supervise control procedures to prevent the	5630
undue creation and reproduction of state forms;	5631

(E) Assist, train, and instruct state agencies and their	5632
forms management representatives in forms management techniques,	5633
and provide direct forms management assistance to new state	5634
agencies as they are created;	5635

(F)(E) Maintain a central cross indexforms repository of all	5636
state forms to facilitate standardization of the forms, eliminate	5637
redundant forms, and provide a central source of information on	5638
forms usage and availability;	5639

(G) Utilize existing functions within the department of	5640
administrative services to design economical forms and compose art	5641
work, as well as use appropriate procurement techniques to take	5642
advantage of competitive selection, consolidated orders, and	5643
contract procurement of forms;	5644

(H) Conduct an annual evaluation of the effectiveness of the	5645
forms management program and the forms management practices of	5646
individual state agencies, and maintain records that indicate	5647
dollar savings resulting from, and the number of forms eliminated,	5648
simplified, or standardized through, centralized forms management.	5649
The results of the evaluation shall be reported to the speaker of	5650
the house of representatives and president of the senate not later	5651
than the fifteenth day of January each year. The center shall	5652
report on the first day of each month to the state records	5653
administrator on its activities during the preceding month.	5654

Sec. 125.95.  (A) The administrator of the state forms	5655
management control centerprogram may permit any state agency to	5656
manage fully any forms used or proposed to be used by it, whenever	5657
the administratorprogram determines that the delegation will	5658
result in the most timely and economical method of accomplishing	5659
the objectives of the forms management program as set forth in	5660
section 125.93 of the Revised Code. A determination to delegate to	5661
a state agency authority to manage forms may, among other matters,	5662
take into consideration the benefits of central management of any	5663
form in relation to the costs associated with suchthat	5664
management.	5665

(B) To expedite the collection and disposition of general	5666
state and local revenue, the administratorstate forms management	5667
program shall permit, without prior authorization, the tax	5668
commissioner to design, print or have printed, distribute, and	5669
require the use of those forms whichthat the tax commissioner	5670
determines are necessary for the proper administration of those	5671
taxes and programs hethe tax commissioner administers except as	5672
provided in division (A) of section 4307.05 of the Revised Code.	5673
The tax commissioner shall report to the administratorprogram not	5674
later than fifteen days after the close of each calendar quarter	5675
with respect to the forms activities occurring within histhe tax	5676
commissioner's agency during the preceding calendar quarter.	5677

Sec. 125.96.  The director of administrative services may	5678
adopt, amend, or rescind rules necessary to carry out the powers	5679
and duties imposed upon the state forms management control center	5680
and its administratorprogram and state agencies by sections	5681
125.92 to 125.98 of the Revised Code. The director shall adopt,	5682
and may amend or rescind, rules providing thateach of the	5683
following:	5684

(A) After a date to be determined by the administratorstate	5685
forms management program, no state agency shall utilize any form,	5686
other than a form subject to division (B) of section 125.95 of the	5687
Revised Code, the management of which has not been delegated to	5688
the agency by the administratorprogram under division (A) of that	5689
section 125.95 of the Revised Code or that has not been approved	5690
by the centerprogram.	5691

(B) The notice required by section 125.97 of the Revised Code	5692
shall appear in a standard place and a standard manner on each	5693
form to which the notice applies, and shall include specified	5694
indicia of approval by the administratorstate forms management	5695
program.	5696

(C) Any form required by a state agency on an emergency basis	5697
may be given interim approval by the administratorstate forms	5698
management program if the form is accompanied by a letter from the	5699
director or other head of the agency setting forth the nature of	5700
the emergency and requesting interim approval.	5701

Sec. 125.98.  (A) Each state agency shall appoint a forms	5702
management representative, who may be from existing personnel. The	5703
appointee shall cooperate with, and provide other necessary	5704
assistance to, the director of administrative services and the	5705
administrator of the state forms management control centerprogram	5706
in implementing the state forms management program. A forms	5707
management representative shall do all of the following:	5708

(1) Manage the agency's forms management program and	5709
cooperate with and provide other necessary assistance to the	5710
director of administrative services in implementing the state	5711
forms management program;	5712

(2) Monitor the use and reproduction of all forms to ensure	5713
that all policies, procedures, guidelines, and standards	5714
established by the agency and the director of administrative	5715
services are followed;	5716

(3) Ensure that every form used by the agency is presented to	5717
the state forms management control centerprogram for registration	5718
prior to its reproduction;	5719

(4) Maintain a master forms file history file, in numeric	5720
order, of all agency forms;	5721

(5) Verify and update the information on all forms computer	5722
file reports returned to the agency by the state forms management	5723
control centerin the central forms repository database.	5724

(B) Any state agency, as such term is defined in section 1.60	5725
of the Revised Code, not included within the definition of a state	5726
agency in section 125.91 of the Revised Code may elect to	5727
participate in the state forms management program. The center	5728
program may provide to any such agency any service required or	5729
authorized by sections 125.92 to 125.98 of the Revised Code to be	5730
performed for a state agency.	5731

Sec. 127.16.  (A) Upon the request of either a state agency	5732
or the director of budget and management and after the controlling	5733
board determines that an emergency or a sufficient economic reason	5734
exists, the controlling board may approve the making of a purchase	5735
without competitive selection as provided in division (B) of this	5736
section.	5737

(B) Except as otherwise provided in this section, no state	5738
agency, using money that has been appropriated to it directly,	5739
shall:	5740

(1) Make any purchase from a particular supplier, that would	5741
amount to fifty thousand dollars or more when combined with both	5742
the amount of all disbursements to the supplier during the fiscal	5743
year for purchases made by the agency and the amount of all	5744
outstanding encumbrances for purchases made by the agency from the	5745
supplier, unless the purchase is made by competitive selection or	5746
with the approval of the controlling board;	5747

(2) Lease real estate from a particular supplier, if the	5748
lease would amount to seventy-five thousand dollars or more when	5749
combined with both the amount of all disbursements to the supplier	5750
during the fiscal year for real estate leases made by the agency	5751
and the amount of all outstanding encumbrances for real estate	5752
leases made by the agency from the supplier, unless the lease is	5753
made by competitive selection or with the approval of the	5754
controlling board.	5755

(C) Any person who authorizes a purchase in violation of	5756
division (B) of this section shall be liable to the state for any	5757
state funds spent on the purchase, and the attorney general shall	5758
collect the amount from the person.	5759

(D) Nothing in division (B) of this section shall be	5760
construed as:	5761

(1) A limitation upon the authority of the director of	5762
transportation as granted in sections 5501.17, 5517.02, and	5763
5525.14 of the Revised Code;	5764

(2) Applying to medicaid provider agreements under Chapter	5765
5111. of the Revised Code or payments or provider agreements under	5766
the disability assistance medical assistance program established	5767
under Chapter 5115. of the Revised Code;	5768

(3) Applying to the purchase of examinations from a sole	5769
supplier by a state licensing board under Title XLVII of the	5770
Revised Code;	5771

(4) Applying to entertainment contracts for the Ohio state	5772
fair entered into by the Ohio expositions commission, provided	5773
that the controlling board has given its approval to the	5774
commission to enter into such contracts and has approved a total	5775
budget amount for such contracts as agreed upon by commission	5776
action, and that the commission causes to be kept itemized records	5777
of the amounts of money spent under each contract and annually	5778
files those records with the clerk of the house of representatives	5779
and the clerk of the senate following the close of the fair;	5780

(5) Limiting the authority of the chief of the division of	5781
mineral resources management to contract for reclamation work with	5782
an operator mining adjacent land as provided in section 1513.27 of	5783
the Revised Code;	5784

(6) Applying to investment transactions and procedures of any	5785
state agency, except that the agency shall file with the board the	5786
name of any person with whom the agency contracts to make, broker,	5787
service, or otherwise manage its investments, as well as the	5788
commission, rate, or schedule of charges of such person with	5789
respect to any investment transactions to be undertaken on behalf	5790
of the agency. The filing shall be in a form and at such times as	5791
the board considers appropriate.	5792

(7) Applying to purchases made with money for the per cent	5793
for arts program established by section 3379.10 of the Revised	5794
Code;	5795

(8) Applying to purchases made by the rehabilitation services	5796
commission of services, or supplies, that are provided to persons	5797
with disabilities, or to purchases made by the commission in	5798
connection with the eligibility determinations it makes for	5799
applicants of programs administered by the social security	5800
administration;	5801

(9) Applying to payments by the department of job and family	5802
services under section 5111.13 of the Revised Code for group	5803
health plan premiums, deductibles, coinsurance, and other	5804
cost-sharing expenses;	5805

(10) Applying to any agency of the legislative branch of the	5806
state government;	5807

(11) Applying to agreements or contracts entered into under	5808
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.2115101.214	5809
of the Revised Code;	5810

(12) Applying to purchases of services by the adult parole	5811
authority under section 2967.14 of the Revised Code or by the	5812
department of youth services under section 5139.08 of the Revised	5813
Code;	5814

(13) Applying to dues or fees paid for membership in an	5815
organization or association;	5816

(14) Applying to purchases of utility services pursuant to	5817
section 9.30 of the Revised Code;	5818

(15) Applying to purchases made in accordance with rules	5819
adopted by the department of administrative services of motor	5820
vehicle, aviation, or watercraft fuel, or emergency repairs of	5821
such vehicles;	5822

(16) Applying to purchases of tickets for passenger air	5823
transportation;	5824

(17) Applying to purchases necessary to provide public	5825
notifications required by law or to provide notifications of job	5826
openings;	5827

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

5828

(19) Applying to purchases of liquor for resale by the	5829
division of liquor control;	5830

(20) Applying to purchases of motor courier and freight	5831
services made in accordance with department of administrative	5832
services rules;	5833

(21) Applying to purchases from the United States postal	5834
service and purchases of stamps and postal meter replenishment	5835
from vendors at rates established by the United States postal	5836
service;	5837

(22) Applying to purchases of books, periodicals, pamphlets,	5838
newspapers, maintenance subscriptions, and other published	5839
materials;	5840

(23) Applying to purchases from other state agencies,	5841
including state-assisted institutions of higher education;	5842

(24) Limiting the authority of the director of environmental	5843
protection to enter into contracts under division (D) of section	5844
3745.14 of the Revised Code to conduct compliance reviews, as	5845
defined in division (A) of that section;	5846

(25) Applying to purchases from a qualified nonprofit agency	5847
pursuant to sections 4115.31 to 4115.35 of the Revised Code;	5848

(26) Applying to payments by the department of job and family	5849
services to the United States department of health and human	5850
services for printing and mailing notices pertaining to the tax	5851
refund offset program of the internal revenue service of the	5852
United States department of the treasury;	5853

(27) Applying to contracts entered into by the department of	5854
mental retardation and developmental disabilities under sections	5855
5123.18, 5123.182, and 5111.2525123.199 of the Revised Code;	5856

(28) Applying to payments made by the department of mental	5857
health under a physician recruitment program authorized by section	5858
5119.101 of the Revised Code;	5859

(29) Applying to contracts entered into with persons by the	5860
director of commerce for unclaimed funds collection and remittance	5861
efforts as provided in division (F) of section 169.03 of the	5862
Revised Code. The director shall keep an itemized accounting of	5863
unclaimed funds collected by those persons and amounts paid to	5864
them for their services.	5865

(30) Applying to purchases made by a state institution of	5866
higher education in accordance with the terms of a contract	5867
between the vendor and an inter-university purchasing group	5868
comprised of purchasing officers of state institutions of higher	5869
education;	5870

(31) Applying to the department of job and family services'	5871
purchases of health assistance services under the children's	5872
health insurance program part I provided for under section 5101.50	5873
of the Revised Code or the children's health insurance program	5874
part II provided for under section 5101.51 of the Revised Code;	5875

(32) Applying to payments by the attorney general from the	5876
reparations fund to hospitals and other emergency medical	5877
facilities for performing medical examinations to collect physical	5878
evidence pursuant to section 2907.28 of the Revised Code;	5879

(33) Applying to contracts with a contracting authority or	5880
administrative receiver under division (G)(2) of section 5126.055	5881
of the Revised Code;	5882

(34) Applying to reimbursements paid to the United States	5883
department of veterans affairs for pharmaceutical and patient	5884
supply purchases made on behalf of the Ohio veterans' home agency.	5885

(E) Notwithstanding division (B)(1) of this section, the	5886
cumulative purchase threshold shall be seventy-five thousand	5887
dollars for the departments of mental retardation and	5888
developmental disabilities, mental health, rehabilitation and	5889
correction, and youth services.	5890

(F) When determining whether a state agency has reached the	5891
cumulative purchase thresholds established in divisions (B)(1),	5892
(B)(2), and (E) of this section, all of the following purchases by	5893
such agency shall not be considered:	5894

(1) Purchases made through competitive selection or with	5895
controlling board approval;	5896

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

5897

(3) For the purposes of the thresholds of divisions (B)(1)	5898
and (E) of this section only, leases of real estate.	5899

(G) As used in this section, "competitive selection,"	5900
"purchase," "supplies," and "services" have the same meanings as	5901
in section 125.01 of the Revised Code.	5902

Sec. 131.02. (A) Whenever any amount is payable to the state,	5903
the officer, employee, or agent responsible for administering the	5904
law under which the amount is payable shall immediately proceed to	5905
collect the amount or cause the amount to be collected and shall	5906
pay the amount into the state treasury or into the appropriate	5907
custodial fund in the manner set forth pursuant to section 113.08	5908
of the Revised Code. If the amount is not paid within forty-five	5909
days after payment is due, the officer, employee, or agent shall	5910
certify the amount due to the attorney general, in the form and	5911
manner prescribed by the attorney general, and notify the director	5912
of budget and management thereof. The attorney general may assess	5913
the collection cost to the amount certified in such manner and	5914
amount as prescribed by the attorney general.	5915

(B)(1) The attorney general shall give immediate notice by	5916
mail or otherwise to the party indebted of the nature and amount	5917
of the indebtedness.	5918

(2) If the amount payable to this state arises from a tax	5919
levied under Chapter 5733., 5739., 5741., or 5747. of the Revised	5920
Code, the notice also shall specify all of the following:	5921

(a) The assessment or case number;

5922

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

5923

(c) The reason for the liability, including, if applicable,	5924
that a penalty or interest is due;	5925

(d) An explanation of how and when interest will be added to	5926
the amount assessed;	5927

(e) That the attorney general and tax commissioner, acting	5928
together, have the authority, but are not required, to compromise	5929
the claim and accept payment over a reasonable time, if such	5930
actions are in the best interest of the state.	5931

(C) The attorney general shall collect the claim or secure a	5932
judgment and issue an execution for its collection.	5933

(D) Each claim shall bear interest, from the day on which the	5934
claim became due, at the base rate per annum for advances and	5935
discounts to member banks in effect at the federal reserve bank in	5936
required by section 5703.47 of the second federal reserve district	5937
Revised Code.	5938

(E) The attorney general and the chief officer of the agency	5939
reporting a claim, acting together, may do either or bothany of	5940
the following if such action is in the best interests of the	5941
state:	5942

(1) Compromise the claim;

5943

(2) Extend for a reasonable period the time for payment of	5944
the claim by agreeing to accept monthly or other periodic	5945
payments. The agreement may require security for payment of the	5946
claim.	5947

(3) Add fees to recover the cost of processing checks or	5948
other draft instruments returned for insufficient funds and the	5949
cost of providing electronic payment options.	5950

Sec. 131.23.  The various political subdivisions of this	5951
state may issue bonds, and any indebtedness created by such	5952
issuance shall not be subject to the limitations or included in	5953
the calculation of indebtedness prescribed by sections 133.05,	5954
133.06, 133.07, and 133.09 of the Revised Code, but such bonds may	5955
be issued only under the following conditions:	5956

(A) The subdivision desiring to issue such bonds shall obtain	5957
from the county auditor a certificate showing the total amount of	5958
delinquent taxes due and unpayable to such subdivision at the last	5959
semiannual tax settlement.	5960

(B) The fiscal officer of that subdivision shall prepare a	5961
statement, from the books of the subdivision, verified by himthe	5962
fiscal officer under oath, which shall contain the following facts	5963
of such subdivision:	5964

(1) The total bonded indebtedness;

5965

(2) The aggregate amount of notes payable or outstanding	5966
accounts of the subdivision, incurred prior to the commencement of	5967
the current fiscal year, which shall include all evidences of	5968
indebtedness issued by the subdivision except notes issued in	5969
anticipation of bond issues and the indebtedness of any	5970
nontax-supported public utility;	5971

(3) Except in the case of school districts, the aggregate	5972
current year's requirement for disability financial assistance and	5973
disability medical assistance provided under Chapter 5115. of the	5974
Revised Code that the subdivision is unable to finance except by	5975
the issue of bonds;	5976

(4) The indebtedness outstanding through the issuance of any	5977
bonds or notes pledged or obligated to be paid by any delinquent	5978
taxes;	5979

(5) The total of any other indebtedness;

5980

(6) The net amount of delinquent taxes unpledged to pay any	5981
bonds, notes, or certificates, including delinquent assessments on	5982
improvements on which the bonds have been paid;	5983

(7) The budget requirements for the fiscal year for bond and	5984
note retirement;	5985

(8) The estimated revenue for the fiscal year.

5986

(C) The certificate and statement provided for in divisions	5987
(A) and (B) of this section shall be forwarded to the tax	5988
commissioner together with a request for authority to issue bonds	5989
of such subdivision in an amount not to exceed seventy per cent of	5990
the net unobligated delinquent taxes and assessments due and owing	5991
to such subdivision, as set forth in division (B)(6) of this	5992
section.	5993

(D) No subdivision may issue bonds under this section in	5994
excess of a sufficient amount to pay the indebtedness of the	5995
subdivision as shown by division (B)(2) of this section and,	5996
except in the case of school districts, to provide funds for	5997
disability financial assistance and disability medical assistance,	5998
as shown by division (B)(3) of this section.	5999

(E) The tax commissioner shall grant to such subdivision	6000
authority requested by such subdivision as restricted by divisions	6001
(C) and (D) of this section and shall make a record of the	6002
certificate, statement, and grant in a record book devoted solely	6003
to such recording and which shall be open to inspection by the	6004
public.	6005

(F) The commissioner shall immediately upon issuing the	6006
authority provided in division (E) of this section notify the	6007
proper authority having charge of the retirement of bonds of such	6008
subdivision by forwarding a copy of such grant of authority and of	6009
the statement provided for in division (B) of this section.	6010

(G) Upon receipt of authority, the subdivision shall proceed	6011
according to law to issue the amount of bonds authorized by the	6012
commissioner, and authorized by the taxing authority, provided the	6013
taxing authority of that subdivision may by resolution submit to	6014
the electors of that subdivision the question of issuing such	6015
bonds. Such resolution shall make the declarations and statements	6016
required by section 133.18 of the Revised Code. The county auditor	6017
and taxing authority shall thereupon proceed as set forth in	6018
divisions (C) and (D) of such section. The election on the	6019
question of issuing such bonds shall be held under divisions (E),	6020
(F), and (G) of such section, except that publication of the	6021
notice of such election shall be made on four separate days prior	6022
to such election in one or more newspapers of general circulation	6023
in the subdivisions. Such bonds may be exchanged at their face	6024
value with creditors of the subdivision in liquidating the	6025
indebtedness described and enumerated in division (B)(2) of this	6026
section or may be sold as provided in Chapter 133. of the Revised	6027
Code, and in either event shall be uncontestable.	6028

(H) The per cent of delinquent taxes and assessments	6029
collected for and to the credit of the subdivision after the	6030
exchange or sale of bonds as certified by the commissioner shall	6031
be paid to the authority having charge of the sinking fund of the	6032
subdivision, which money shall be placed in a separate fund for	6033
the purpose of retiring the bonds so issued. The proper authority	6034
of the subdivisions shall provide for the levying of a tax	6035
sufficient in amount to pay the debt charges on all such bonds	6036
issued under this section.	6037

(I) This section is for the sole purpose of assisting the	6038
various subdivisions in paying their unsecured indebtedness, and	6039
providing funds for disability financial assistance and disability	6040
medical assistance. The bonds issued under authority of this	6041
section shall not be used for any other purpose and any exchange	6042
for other purposes, or the use of the money derived from the sale	6043
of such bonds by the subdivision for any other purpose, is	6044
misapplication of funds.	6045

(J) The bonds authorized by this section shall be redeemable	6046
or payable in not to exceed ten years from date of issue and shall	6047
not be subject to or considered in calculating the net	6048
indebtedness of the subdivision. The budget commission of the	6049
county in which the subdivision is located shall annually allocate	6050
such portion of the then delinquent levy due such subdivision	6051
which is unpledged for other purposes to the payment of debt	6052
charges on the bonds issued under authority of this section.	6053

(K) The issue of bonds under this section shall be governed	6054
by Chapter 133. of the Revised Code, respecting the terms used,	6055
forms, manner of sale, and redemption except as otherwise provided	6056
in this section.	6057

The board of county commissioners of any county may issue	6058
bonds authorized by this section and distribute the proceeds of	6059
such bond issues to any or all of the cities and townships of such	6060
counties, according to their relative needs for disability	6061
financial assistance and disability medical assistance as	6062
determined by such county.	6063

All sections of the Revised Code inconsistent with or	6064
prohibiting the exercise of the authority conferred by this	6065
section are inoperative respecting bonds issued under this	6066
section.	6067

Sec. 131.35.  (A) With respect to the federal funds received	6068
into any fund of the state from which transfers may be made under	6069
division (D) of section 127.14 of the Revised Code:	6070

(1) No state agency may make expenditures of any federal	6071
funds, whether such funds are advanced prior to expenditure or as	6072
reimbursement, unless such expenditures are made pursuant to	6073
specific appropriations of the general assembly identifying the	6074
federal program that is the source of funds, are authorized	6075
pursuant to section 131.38 of the Revised Code, are authorized by	6076
the controlling board pursuant to division (A)(5) of this section,	6077
or are authorized by an executive order issued in accordance with	6078
section 107.17 of the Revised Code, and until an allotment has	6079
been approved by the director of budget and management. All	6080
federal funds received by a state agency shall be reported to the	6081
director within fifteen days of the receipt of such funds or the	6082
notification of award, whichever occurs first. The director shall	6083
prescribe the forms and procedures to be used when reporting the	6084
receipt of federal funds.	6085

(2) If the federal funds received are greater than the amount	6086
of such funds appropriated by the general assembly for a specific	6087
purpose, the total appropriation of federal and state funds for	6088
such purpose shall remain at the amount designated by the general	6089
assembly, except that the expenditure of federal funds received in	6090
excess of such specific appropriation may be authorized by the	6091
controlling board.	6092

(3) To the extent that the expenditure of excess federal	6093
funds is authorized, the controlling board may transfer a like	6094
amount of general revenue fund appropriation authority from the	6095
affected agency to the emergency purposes appropriation of the	6096
controlling board, if such action is permitted under federal	6097
regulations.	6098

(4) Additional funds may be created by the controlling board	6099
to receive revenues not anticipated in an appropriations act for	6100
the biennium in which such new revenues are received. Expenditures	6101
from such additional funds may be authorized by the controlling	6102
board, but such authorization shall not extend beyond the end of	6103
the biennium in which such funds are created.	6104

(5) Controlling board authorization for a state agency to	6105
make an expenditure of federal funds constitutes authority for the	6106
agency to participate in the federal program providing the funds,	6107
and the agency is not required to obtain an executive order under	6108
section 107.17 of the Revised Code to participate in the federal	6109
program.	6110

(B) With respect to nonfederal funds received into the	6111
waterways safety fund, the wildlife fund, and any fund of the	6112
state from which transfers may be made under division (D) of	6113
section 127.14 of the Revised Code:	6114

(1) No state agency may make expenditures of any such funds	6115
unless the expenditures are made pursuant to specific	6116
appropriations of the general assembly.	6117

(2) If the receipts received into any fund are greater than	6118
the amount appropriated, the appropriation for that fund shall	6119
remain at the amount designated by the general assembly or as	6120
increased and approved by the controlling board.	6121

(3) Additional funds may be created by the controlling board	6122
to receive revenues not anticipated in an appropriations act for	6123
the biennium in which such new revenues are received. Expenditures	6124
from such additional funds may be authorized by the controlling	6125
board, but such authorization shall not extend beyond the end of	6126
the biennium in which such funds are created.	6127

(C) The controlling board shall not authorize more than ten	6128
per cent of additional spending from the occupational licensing	6129
and regulatory fund, created in section 4743.05 of the Revised	6130
Code, in excess of any appropriation made by the general assembly	6131
to a licensing agency except an appropriation for costs related to	6132
the examination or reexamination of applicants for a license. As	6133
used in this division, "licensing agency" and "license" have the	6134
same meanings as in section 4745.01 of the Revised Code.	6135

Sec. 131.41. There is hereby created in the state treasury	6136
the family services stabilization fund. The fund shall consist of	6137
moneys deposited into it pursuant to acts of the general assembly.	6138
The director of budget and management, with advice from the	6139
director of job and family services, may transfer moneys in the	6140
family services stabilization fund to the general revenue fund for	6141
the department of job and family services. Moneys may be	6142
transferred due to identified shortfalls for family services	6143
activities, such as higher caseloads, federal funding changes, and	6144
unforeseen costs due to significant state policy changes. Before	6145
transfers are authorized, the director of budget and management	6146
shall exhaust the possibilities for transfers of moneys within the	6147
department of job and family services to meet the identified	6148
shortfall. Transfers shall not be used to fund policy changes not	6149
contemplated by acts of the general assembly. Any investment	6150
earnings of the family services stabilization fund shall be	6151
credited to that fund.	6152

Sec. 145.38.  (A) As used in this section and section	6153
sections 145.381 and 145.384 of the Revised Code:	6154

(1) "PERS retirant" means a former member of the public	6155
employees retirement system who is receiving one of the following:	6156

(a) Age and service retirement benefits under section 145.32,	6157
145.33, 145.331, 145.34, or 145.46 of the Revised Code;	6158

(b) Age and service retirement benefits paid by the public	6159
employees retirement system under section 145.37 of the Revised	6160
Code;	6161

(c) Any benefit paid under a PERS defined contribution plan.

6162

(2) "Other system retirant" means both of the following:

6163

(a) A member or former member of the Ohio police and fire	6164
pension fund, state teachers retirement system, school employees	6165
retirement system, state highway patrol retirement system, or	6166
Cincinnati retirement system who is receiving age and service or	6167
commuted age and service retirement benefits or a disability	6168
benefit from a system of which the person is a member or former	6169
member;	6170

(b) A member or former member of the public employees	6171
retirement system who is receiving age and service retirement	6172
benefits or a disability benefit under section 145.37 of the	6173
Revised Code paid by the school employees retirement system or the	6174
state teachers retirement system.	6175

(B)(1) Subject to this section and section 145.381 of the	6176
Revised Code, a PERS retirant or other system retirant may be	6177
employed by a public employer. If so employed, the PERS retirant	6178
or other system retirant shall contribute to the public employees	6179
retirement system in accordance with section 145.47 of the Revised	6180
Code, and the employer shall make contributions in accordance with	6181
section 145.48 of the Revised Code.	6182

(2) A public employer that employs a PERS retirant or other	6183
system retirant, or enters into a contract for services as an	6184
independent contractor with a PERS retirant shall notify the	6185
retirement board of the employment or contract not later than the	6186
end of the month in which the employment or contract commences.	6187
Any overpayment of benefits to a PERS retirant by the retirement	6188
system resulting from delay or failure of the employer to give the	6189
notice shall be repaid to the retirement system by the employer.	6190

(3) On receipt of notice from a public employer that a person	6191
who is an other system retirant has been employed, the retirement	6192
system shall notify the retirement system of which the other	6193
system retirant was a member of such employment.	6194

(4)(a) A PERS retirant who has received a retirement	6195
allowance for less than two months when employment subject to this	6196
section commences shall forfeit the retirement allowance for any	6197
month the PERS retirant is employed prior to the expiration of the	6198
two-month period. Service and contributions for that period shall	6199
not be included in calculation of any benefits payable to the PERS	6200
retirant and those contributions shall be refunded on the	6201
retirant's death or termination of the employment.	6202

(b) An other system retirant who has received a retirement	6203
allowance or disability benefit for less than two months when	6204
employment subject to this section commences shall forfeit the	6205
retirement allowance or disability benefit for any month the other	6206
system retirant is employed prior to the expiration of the	6207
two-month period. Service and contributions for that period shall	6208
not be included in the calculation of any benefits payable to the	6209
other system retirant and those contributions shall be refunded on	6210
the retirant's death or termination of the employment.	6211

(c) Contributions made on compensation earned after the	6212
expiration of the two-month period shall be used in the	6213
calculation of the benefit or payment due under section 145.384 of	6214
the Revised Code.	6215

(5) On receipt of notice from the Ohio police and fire	6216
pension fund, school employees retirement system, or state	6217
teachers retirement system of the re-employment of a PERS	6218
retirant, the public employees retirement system shall not pay, or	6219
if paid, shall recover, the amount to be forfeited by the PERS	6220
retirant in accordance with section 742.26, 3307.35, or 3309.341	6221
of the Revised Code.	6222

(6) A PERS retirant who enters into a contract to provide	6223
services as an independent contractor to the employer by which the	6224
retirant was employed at the time of retirement or, less than two	6225
months after the retirement allowance commences, begins providing	6226
services as an independent contractor pursuant to a contract with	6227
another public employer, shall forfeit the pension portion of the	6228
retirement benefit for the period beginning the first day of the	6229
month following the month in which the services begin and ending	6230
on the first day of the month following the month in which the	6231
services end. The annuity portion of the retirement allowance	6232
shall be suspended on the day services under the contract begin	6233
and shall accumulate to the credit of the retirant to be paid in a	6234
single payment after services provided under the contract	6235
terminate. A PERS retirant subject to division (B)(6) of this	6236
section shall not contribute to the retirement system and shall	6237
not become a member of the system.	6238

(7) As used in this division, "employment" includes service	6239
for which a PERS retirant or other system retirant, the retirant's	6240
employer, or both, have waived any earnable salary for the	6241
service.	6242

(C)(1) Except as provided in division (C)(3) of this section,	6243
this division applies to both of the following:	6244

(a) A PERS retirant who, prior to September 14, 2000, was	6245
subject to division (C)(1)(b) of this section as that division	6246
existed immediately prior to September 14, 2000, and has not	6247
elected pursuant to Am. Sub. S.B. 144 of the 123rd general	6248
assembly to cease to be subject to that division;	6249

(b) A PERS retirant to whom both of the following apply:

6250

(i) The retirant held elective office in this state, or in	6251
any municipal corporation, county, or other political subdivision	6252
of this state at the time of retirement under this chapter.	6253

(ii) The retirant was elected or appointed to the same office	6254
for the remainder of the term or the term immediately following	6255
the term during which the retirement occurred.	6256

(2) A PERS retirant who is subject to this division is a	6257
member of the public employees retirement system with all the	6258
rights, privileges, and obligations of membership, except that the	6259
membership does not include survivor benefits provided pursuant to	6260
section 145.45 of the Revised Code or, beginning on the ninetieth	6261
day after September 14, 2000, any amount calculated under section	6262
145.401 of the Revised Code. The pension portion of the PERS	6263
retirant's retirement allowance shall be forfeited until the first	6264
day of the first month following termination of the employment.	6265
The annuity portion of the retirement allowance shall accumulate	6266
to the credit of the PERS retirant to be paid in a single payment	6267
after termination of the employment. The retirement allowance	6268
shall resume on the first day of the first month following	6269
termination of the employment. On termination of the employment,	6270
the PERS retirant shall elect to receive either a refund of the	6271
retirant's contributions to the retirement system during the	6272
period of employment subject to this section or a supplemental	6273
retirement allowance based on the retirant's contributions and	6274
service credit for that period of employment.	6275

(3) This division does not apply to any of the following:

6276

(a) A PERS retirant elected to office who, at the time of the	6277
election for the retirant's current term, was not retired but, not	6278
less than ninety days prior to the election for the term, filed a	6279
written declaration of intent to retire before the end of the term	6280
with the board of elections of the county in which petitions for	6281
nomination or election to the office were filed;	6282

(b) A PERS retirant elected to office who, at the time of the	6283
election for the retirant's current term, was a retirant and had	6284
been retired for not less than ninety days;	6285

(c) A PERS retirant appointed to office who, at the time of	6286
appointment to the retirant's current term, notified the person or	6287
entity making the appointment that the retirant was already	6288
retired or intended to retire before the end of the term.	6289

(D)(1) Except as provided in division (C) of this section, a	6290
PERS retirant or other system retirant subject to this section is	6291
not a member of the public employees retirement system, and,	6292
except as specified in this section does not have any of the	6293
rights, privileges, or obligations of membership. Except as	6294
specified in division (D)(2) of this section, the retirant is not	6295
eligible to receive health, medical, hospital, or surgical	6296
benefits under section 145.58 of the Revised Code for employment	6297
subject to this section.	6298

(2) A PERS retirant subject to this section shall receive	6299
primary health, medical, hospital, or surgical insurance coverage	6300
from the retirant's employer, if the employer provides coverage to	6301
other employees performing comparable work. Neither the employer	6302
nor the PERS retirant may waive the employer's coverage, except	6303
that the PERS retirant may waive the employer's coverage if the	6304
retirant has coverage comparable to that provided by the employer	6305
from a source other than the employer or the public employees	6306
retirement system. If a claim is made, the employer's coverage	6307
shall be the primary coverage and shall pay first. The benefits	6308
provided under section 145.58 of the Revised Code shall pay only	6309
those medical expenses not paid through the employer's coverage or	6310
coverage the PERS retirant receives through a source other than	6311
the retirement system.	6312

(E) If the disability benefit of an other system retirant	6313
employed under this section is terminated, the retirant shall	6314
become a member of the public employees retirement system,	6315
effective on the first day of the month next following the	6316
termination with all the rights, privileges, and obligations of	6317
membership. If such person, after the termination of the	6318
disability benefit, earns two years of service credit under this	6319
system or under the Ohio police and fire pension fund, state	6320
teachers retirement system, school employees retirement system, or	6321
state highway patrol retirement system, the person's prior	6322
contributions as an other system retirant under this section shall	6323
be included in the person's total service credit as a public	6324
employees retirement system member, and the person shall forfeit	6325
all rights and benefits of this section. Not more than one year of	6326
credit may be given for any period of twelve months.	6327

(F) This section does not affect the receipt of benefits by	6328
or eligibility for benefits of any person who on August 20, 1976,	6329
was receiving a disability benefit or service retirement pension	6330
or allowance from a state or municipal retirement system in Ohio	6331
and was a member of any other state or municipal retirement system	6332
of this state.	6333

(G) The public employees retirement board may adopt rules to	6334
carry out this section.	6335

Sec. 145.381.  (A) Except as provided in division (B) of this	6336
section, no person who is, or at the time of employment will be, a	6337
PERS retirant may be employed by a public employer or provide	6338
service as an independent contractor to a public employer unless	6339
the public employer does both of the following in accordance with	6340
rules adopted under division (C) of this section:	6341

(1) Not less than sixty days before the employment or service	6342
is to begin, gives public notice that the person is or will be	6343
retired and is seeking employment with the public employer or to	6344
provide service as an independent contractor to the public	6345
employer;	6346

(2) Between fifteen and thirty days before the employment or	6347
service is to begin and after complying with division (A)(1) of	6348
this section, holds a public meeting on the issue of the person	6349
being employed by or providing services as an independent	6350
contractor to the public employer.	6351

The notice regarding division (A)(1) of this section shall	6352
include the time, date, and location at which the public meeting	6353
is to take place.	6354

(B) A person is not subject to division (A) of this section	6355
if the employment involved is an elective office of this state or	6356
any municipal corporation, county, or other political subdivision	6357
of this state.	6358

(C) The public employees retirement board shall adopt rules	6359
as necessary to implement this section.	6360

Sec. 147.01.  (A) The secretary of state may appoint and	6361
commission as notaries public as many persons who meet the	6362
qualifications of division (B) of this section as the secretary of	6363
state considers necessary.	6364

(B) In order for a person to qualify to be appointed and	6365
commissioned as a notary public, the person must satisfy both of	6366
the following:	6367

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

6368

(2) One of the following applies:

6369

(a) The person is a citizenlegal resident of this state who	6370
is not an attorney admitted to the practice of law in this state	6371
by the Ohio supreme court.	6372

(b) The person is a citizenlegal resident of this state who	6373
is an attorney admitted to the practice of law in this state by	6374
the Ohio supreme court.	6375

(c) The person is not a citizenlegal resident of this state,	6376
is an attorney admitted to the practice of law in this state by	6377
the Ohio supreme court, and has the person's principal place of	6378
business or the person's primary practice in this state.	6379

(C) A notary public shall be appointed and commissioned as a	6380
notary public for the state. The secretary of state may revoke a	6381
commission issued to a notary public upon presentation of	6382
satisfactory evidence of official misconduct or incapacity.	6383

Sec. 147.37.  Each person receiving a commission as notary	6384
public, exceptincluding an attorney admitted to the practice of	6385
law in this state by the Ohio supreme court, shall pay a fee of	6386
fivefifteen dollars to the secretary of state. Each person	6387
receiving a commission as a notary public who is an attorney	6388
admitted to the practice of law in this state by the Ohio supreme	6389
court shall pay a fee of ten dollars to the secretary of state.	6390

Sec. 149.011.  As used in this chapter:

6391

(A) "Public office" includes any state agency, public	6392
institution, political subdivision, or any other organized body,	6393
office, agency, institution, or entity established by the laws of	6394
this state for the exercise of any function of government.	6395

(B) "State agency" includes every department, bureau, board,	6396
commission, office, or other organized body established by the	6397
constitution and laws of this state for the exercise of any	6398
function of state government, including any state-supported	6399
institution of higher education, the general assembly, or any	6400
legislative agency, any court or judicial agency, or any political	6401
subdivision or agency thereofof a political subdivision.	6402

(C) "Public money" includes all money received or collected	6403
by or due a public official, whether in accordance with or under	6404
authority of any law, ordinance, resolution, or order, under color	6405
of office, or otherwise. It also includes any money collected by	6406
any individual on behalf of a public office or as a purported	6407
representative or agent of the public office.	6408

(D) "Public official" includes all officers, employees, or	6409
duly authorized representatives or agents of a public office.	6410

(E) "Color of office" includes any act purported or alleged	6411
to be done under any law, ordinance, resolution, order, or other	6412
pretension to official right, power, or authority.	6413

(F) "Archive" includes any public record that is transferred	6414
to the state archives or other designated archival institutions	6415
because of the historical information contained on it.	6416

(G) "Records" includes any document, device, or item,	6417
regardless of physical form or characteristic, including an	6418
electronic record as defined in section 1306.01 of the Revised	6419
Code, created or received by or coming under the jurisdiction of	6420
any public office of the state or its political subdivisions,	6421
which serves to document the organization, functions, policies,	6422
decisions, procedures, operations, or other activities of the	6423
office.	6424

Sec. 149.30.  The Ohio historical society, chartered by this	6425
state as a corporation not for profit to promote a knowledge of	6426
history and archaeology, especially of Ohio, and operated	6427
continuously in the public interest since 1885, may perform public	6428
functions as prescribed by law.	6429

The general assembly may appropriate money to the Ohio	6430
historical society each biennium to carry out the public functions	6431
of the society as enumerated in this section. An appropriation by	6432
the general assembly to the society constitutes an offer to	6433
contract with the society to carry out those public functions for	6434
which appropriations are made. An acceptance by the society of the	6435
appropriated funds constitutes an acceptance by the society of the	6436
offer and is considered an agreement by the society to perform	6437
those functions in accordance with the terms of the appropriation	6438
and the law and to expend the funds only for the purposes for	6439
which appropriated. The governor may request on behalf of the	6440
society, and the controlling board may release, additional funds	6441
to the society for survey, salvage, repair, or rehabilitation of	6442
an emergency nature for which funds have not been appropriated,	6443
and acceptance by the society of those funds constitutes an	6444
agreement on the part of the society to expend those funds only	6445
for the purpose for which released by the controlling board.	6446

The society shall faithfully expend and apply all moneys	6447
received from the state to the uses and purposes directed by law	6448
and for necessary administrative expenses. The society shall	6449
perform the public function of sending notice by certified mail to	6450
the owner of any property at the time it is listed on the national	6451
register of historic places. The society shall accurately record	6452
all expenditures of such funds in conformity with generally	6453
accepted accounting principles.	6454

The auditor of state shall audit all funds and fiscal records	6455
of the society.	6456

The public functions to be performed by the Ohio historical	6457
society shall include all of the following:	6458

(A) Creating, supervising, operating, protecting,	6459
maintaining, and promoting for public use a system of state	6460
memorials, titles to which may reside wholly or in part with this	6461
state or wholly or in part with the society as provided in and in	6462
conformity to appropriate acts and resolves of the general	6463
assembly, and leasing for renewable periods of two years or less,	6464
with the advice and consent of the attorney general and the	6465
director of administrative services, lands and buildings owned by	6466
the state which are in the care, custody, and control of the	6467
society, all of which shall be maintained and kept for public use	6468
at reasonable hours;	6469

(B) Making alterations and improvements, marking, and	6470
constructing, reconstructing, protecting, or restoring structures,	6471
earthworks, and monuments in its care, and equipping such	6472
facilities with appropriate educational maintenance facilities;	6473

(C) Serving as the archives administration for the state and	6474
its political subdivisions as provided in sections 149.31 to	6475
149.42 of the Revised Code;	6476

(D) Administering a state historical museum, to be the	6477
headquarters of the society and its principal museum and library,	6478
which shall be maintained and kept for public use at reasonable	6479
hours;	6480

(E) Establishing a marking system to identify all designated	6481
historic and archaeological sites within the state and marking or	6482
causing to be marked historic sites and communities considered by	6483
the society to be historically or archaeologically significant;	6484

(F) Publishing books, pamphlets, periodicals, and other	6485
publications about history, archaeology, and natural science and	6486
supplyingoffering one copy of each regular periodical issue to	6487
all public libraries in this state without chargeat a reasonable	6488
price, which shall not exceed one hundred ten per cent more than	6489
the total cost of publication;	6490

(G) Engaging in research in history, archaeology, and natural	6491
science and providing historical information upon request to all	6492
state agencies;	6493

(H) Collecting, preserving, and making available by all	6494
appropriate means and under approved safeguards all manuscript,	6495
print, or near-print library collections and all historical	6496
objects, specimens, and artifacts which pertain to the history of	6497
Ohio and its people, including the following original documents:	6498
Ohio Constitution of 1802; Ohio Constitution of 1851; proposed	6499
Ohio Constitution of 1875; design and the letters of patent and	6500
assignment of patent for the state flag; S.J.R. 13 (1873); S.J.R.	6501
53 (1875); S.J.R. 72 (1875); S.J.R. 50 (1883); H.J.R. 73 (1883);	6502
S.J.R. 28 (1885); H.J.R. 67 (1885); S.J.R. 17 (1902); S.J.R. 28	6503
(1902); H.J.R. 39 (1902); S.J.R. 23 (1903); H.J.R. 19 (1904);	6504
S.J.R. 16 (1905); H.J.R. 41 (1913); H.J.R. 34 (1917); petition	6505
form (2) (1918); S.J.R. 6 (1921); H.J.R. 5 (1923); H.J.R. 40	6506
(1923); H.J.R. 8 (1929); H.J.R. 20 (1929); S.J.R. 4 (1933);	6507
petition form (2) (1933); S.J.R. 57 (1936); petition form (1936);	6508
H.J.R. 14 (1942); H.J.R. 15 (1944); H.J.R. 8 (1944); S.J.R. 6	6509
(1947); petition form (1947); H.J.R. 24 (1947); and H.J.R. 48	6510
(1947);	6511

(I) Encouraging and promoting the organization and	6512
development of county and local historical societies;	6513

(J) Providing to Ohio schools with such materials at cost or	6514
near cost as the society may prepare to facilitate the instruction	6515
of Ohio history at a reasonable price, which shall not exceed one	6516
hundred ten per cent more than the total cost of preparation and	6517
delivery;	6518

(K) Providing advisory and technical assistance to local	6519
societies for the preservation and restoration of historic and	6520
archaeological sites;	6521

(L) Devising uniform criteria for the designation of historic	6522
and archaeological sites throughout the state and advising local	6523
historical societies of the criteria and their application;	6524

(M) Taking inventory, in cooperation with the Ohio arts	6525
council, the Ohio archaeological council, and the archaeological	6526
society of Ohio, of significant designated and undesignated state	6527
and local sites and keeping an active registry of all designated	6528
sites within the state;	6529

(N) Contracting with the owners or persons having an interest	6530
in designated historic or archaeological sites or property	6531
adjacent or contiguous to those sites, or acquiring, by purchase,	6532
gift, or devise, easements in those sites or in property adjacent	6533
or contiguous to those sites, in order to control or restrict the	6534
use of those historic or archaeological sites or adjacent or	6535
contiguous property for the purpose of restoring or preserving the	6536
historical or archaeological significance or educational value of	6537
those sites;	6538

(O) Constructing a monument honoring Governor James A.	6539
Rhodes, which shall stand on the northeast quadrant of the grounds	6540
surrounding the capitol building. The monument shall be	6541
constructed with private funds donated to the Ohio historical	6542
society and designated for this purpose. No public funds shall be	6543
expended to construct this monument. The department of	6544
administrative services shall cooperate with the Ohio historical	6545
society in carrying out this function and shall maintain the	6546
monument in a manner compatible with the grounds of the capitol	6547
building.	6548

(P) Commissioning a portrait of each departing governor,	6549
which shall be displayed in the capitol building. The Ohio	6550
historical society may accept private contributions designated for	6551
this purpose and, at the discretion of its board of trustees, also	6552
may apply for the same purpose funds appropriated by the general	6553
assembly to the society pursuant to this section.	6554

(Q) Planning and developing a center at the capitol building	6555
for the purpose of educating visitors about the history of Ohio,	6556
including its political, economic, and social development and the	6557
design and erection of the capitol building and its grounds. The	6558
Ohio historical society may accept contributions of private moneys	6559
and in-kind services designated for this purpose and may, at the	6560
discretion of its board of trustees, also apply, for the same	6561
purpose, personnel and other resources paid in whole or in part by	6562
its state subsidy.	6563

(R) Submitting an annual report of its activities, programs,	6564
and operations to the governor within two months after the close	6565
of each fiscal year of the state.	6566

The society shall not sell, mortgage, transfer, or dispose of	6567
historical or archaeological sites to which it has title and in	6568
which the state has monetary interest except by action of the	6569
general assembly.	6570

In consideration of the public functions performed by the	6571
Ohio historical society for the state, employees of the society	6572
shall be considered public employees within the meaning of section	6573
145.01 of the Revised Code.	6574

Sec. 149.31.  (A) The Ohio historical society, in addition to	6575
its other functions, shall function as the state archives	6576
administration for the state and its political subdivisions.	6577

It shall be the function of the state archives to preserve	6578
government archives, documents, and records of historical value	6579
whichthat may come into its possession from public or private	6580
sources.	6581

The archives administration shall evaluate, preserve,	6582
arrange, service repair, or make other disposition, such as	6583
transfer to public libraries, county historical societies, state	6584
universities, or other public or quasi-public institutions,	6585
agencies, or corporations, of those public records of the state	6586
and its political subdivisions whichthat may come into its	6587
possession under the provisions of this section. Such public	6588
records shall be transferred by written agreement only, and only	6589
to public or quasi-public institutions, agencies, or corporations	6590
capable of meeting accepted archival standards for housing and	6591
use.	6592

The archives administration shall be headed by a trained	6593
archivist designated by the Ohio historical society, and shall	6594
make its services available to county, city, township, and school	6595
school district records commissions upon request. The archivist	6596
shall be designated as the "state archivist."	6597

(B) The archives administration of the Ohio historical	6598
society may purchase or procure for itself, or authorize the board	6599
of trustees of an archival institution to purchase or procure from	6600
an insurance company licensed to do business in this state	6601
policies of insurance insuring the administration or the members	6602
of the board and their officers, employees, and agents against	6603
liability on account of damage or injury to persons and property	6604
resulting from any act or omission of the board members, officers,	6605
employees, and agents in their official capacity.	6606

(C) Notwithstanding any other provision of the Revised Code	6607
to the contrary, the archives administration may establish a fee	6608
schedule, which may include the cost of labor, for researching,	6609
retrieving, copying, and mailing copies of public records in the	6610
state archives. Revisions to the fee schedule shall be subject to	6611
approval by the board of trustees of the Ohio historical society.	6612

Sec. 149.33.  (A) The department of administrative services	6613
shall have full responsibility for establishing and administering	6614
a state records program for all state agencies, except for	6615
state-supported institutions of higher education. The department	6616
shall apply efficient and economical management methods to the	6617
creation, utilization, maintenance, retention, preservation, and	6618
disposition of state records.	6619

There is hereby established within the department of	6620
administrative services an office ofa state records	6621
administrationprogram, which shall be under the control and	6622
supervision of the director of administrative services or histhe	6623
director's appointed deputy. The director shall designate an	6624
administrator of the office of state records administration.	6625

(B) The boards of trustees of state-supported institutions of	6626
higher education shall have full responsibility for establishing	6627
and administering a records program for their respective	6628
institutions. The boards shall apply efficient and economical	6629
management methods to the creation, utilization, maintenance,	6630
retention, preservation, and disposition of the records of their	6631
respective institutions.	6632

Sec. 149.331.  The state record administrationrecords	6633
program of the department of administrative services shall do all	6634
of the following:	6635

(A) Establish and promulgate in consultation with the state	6636
archivist standards, procedures, and techniques for the effective	6637
management of state records;	6638

(B) Make continuing surveys of record-keeping operations and	6639
recommend improvements in current records management practices	6640
including the use of space, equipment, and supplies employed in	6641
creating, maintaining, storing, and servicing records;	6642

(C) Establish and operate such state records centers and	6643
auxiliary facilities as may be authorized by appropriation and	6644
provide such related services as are deemed necessary for the	6645
preservation, screening, storage, and servicing of state records	6646
pending disposition;	6647

(D) Review applications for one-time records disposal and	6648
schedules of records retention and destruction submitted by state	6649
agencies in accordance with section 149.333 of the Revised Code;	6650

(E)(C) Establish "general schedules" proposing the disposal,	6651
after the lapse of specified periods of time, of records of	6652
specified form or character common to several or all agencies that	6653
either have accumulated or may accumulate in such agencies and	6654
that apparently will not, after the lapse of the periods	6655
specified, have sufficient administrative, legal, fiscal, or other	6656
value to warrant their further preservation by the state;	6657

(F)(D) Establish and maintain a records management training	6658
program, and provide a basic consulting service, for personnel	6659
involved in record-making and record-keeping functions of	6660
departments, offices, and institutions;	6661

(G) Obtain reports from departments, offices, and	6662
institutions necessary for the effective administration of the	6663
program;	6664

(H)(E) Provide for the disposition of any remaining records	6665
of any state agency, board, or commission, whether in the	6666
executive, judicial, or legislative branch of government, that has	6667
terminated its operations. After the closing of the Ohio veterans'	6668
children's home, the resident records of the home and the resident	6669
records of the home when it was known as the soldiers' and	6670
sailors' orphans' home required to be maintained by approved	6671
records retention schedules shall be administered by the state	6672
department of education pursuant to this chapter, the	6673
administrative records of the home required to be maintained by	6674
approved records retention schedules shall be administered by the	6675
department of administrative services pursuant to this chapter,	6676
and historical records of the home shall be transferred to an	6677
appropriate archival institution in this state prescribed by the	6678
state record administrationrecords program.	6679

(I)(F) Establish a centralized program coordinating	6680
micrographics standards, training, and services for the benefit of	6681
all state agencies;	6682

(J)(G) Establish and publish in accordance with the	6683
applicable law necessary procedures and rules for the retention	6684
and disposal of state records.	6685

This section does not apply to the records of state-supported	6686
institutions of higher education, which shall keep their own	6687
records.	6688

Sec. 149.332.  Upon request the state records administrator	6689
director of administrative services and the state archivist shall	6690
assist and advise in the establishment of records management	6691
programs in the legislative and judicial branches of state	6692
government and shall, as required by them, provide program	6693
services similar to those available to the executive branch	6694
pursuant tounder section 149.33 of the Revised Code. Prior to the	6695
disposal of any records, the state archivist shall be allowed	6696
sixty days to select for preservation in the state archives those	6697
records hethe state archivist determines to have continuing	6698
historical value.	6699

Sec. 149.333.  No state agency shall retain, destroy, or	6700
otherwise transfer its state records in violation of this section.	6701
This section does not apply to state-supported institutions of	6702
higher education.	6703

Each state agency shall submit to the state records	6704
administratorprogram under the director of administrative	6705
services all applications for records disposal or transfer and all	6706
schedules of records retention and destruction. The state records	6707
administratorprogram shall review suchthe applications and	6708
schedules and provide written approval, rejection, or modification	6709
of thean application or schedule. The state records administrator	6710
program shall then forward the application for records disposal or	6711
transfer or the schedule for retention or destruction, with the	6712
administrator'sprogram's recommendation attached, to the auditor	6713
of state for review and approval. The decision of the auditor of	6714
state to approve, reject, or modify the applicationsapplication	6715
or schedulesschedule shall be based upon the continuing	6716
administrative and fiscal value of the state records to the state	6717
or to its citizens. If the auditor of state disapproves the action	6718
by the state agency, hethe auditor of state shall so inform the	6719
state agency through the state records administratorprogram	6720
within sixty days, and thesethe records shall not be destroyed.	6721
At	6722

At the same time, the state records administratorprogram	6723
shall forward the application for records disposal or transfer or	6724
the schedule for retention or destruction to the state archivist	6725
for review and approval. The state archivist shall have sixty days	6726
to select for custody suchthe state records as he that the state	6727
archivist determines to be of continuing historical value. Records	6728
not so selected shall be disposed of in accordance with this	6729
section.	6730

Sec. 149.34.  The head of each state agency, office,	6731
institution, board, or commission shall do the following:	6732

(A) Establish, maintain, and direct an active continuing	6733
program for the effective management of the records of the state	6734
agency;	6735

(B) Cooperate with the state records administrator in the	6736
conduct of surveys pursuant to section 149.331 of the Revised	6737
Code;	6738

(C) Submit to the state records administratorprogram, in	6739
accordance with applicable standards and procedures, schedules	6740
proposing the length of time each record series warrants retention	6741
for administrative, legal, or fiscal purposes after it has been	6742
received or created by the agency. The head of each state agency	6743
also shall submit to the state records administratorprogram	6744
applications for disposal of records in histhe head's custody	6745
that are not needed in the transaction of current business and are	6746
not otherwise scheduled for retention or destruction.	6747

(D) Transfer to a state records center or auxiliary	6748
facilities, in the manner prescribed by the state records	6749
administrator, those records of the agency that can be retained	6750
more efficiently and economically in such a center;	6751

(E)(C) Within one year after their date of creation or	6752
receipt, schedule all records for disposition or retention in the	6753
manner prescribed by applicable law and procedures.	6754

This section does not apply to state-supported institutions	6755
of higher education.	6756

Sec. 149.35.  If any law prohibits the destruction of	6757
records, neither the state records administrator nordirector of	6758
administrative services, the director's designee, or the boards of	6759
trustees of state-supported institutions of higher education shall	6760
not order their destruction or other disposition, and, if. If any	6761
law provides that records shall be kept for a specified period of	6762
time, neither the administrator nordirector of administrative	6763
services, the director's designee, or the boards shall not order	6764
their destruction or other disposition prior to the expiration of	6765
suchthat period.	6766

Sec. 153.65.  As used in sections 153.65 to 153.71 of the	6767
Revised Code:	6768

(A) "Public authority" means the state, or a county,	6769
township, municipal corporation, school district, or other	6770
political subdivision, or any public agency, authority, board,	6771
commission, instrumentality, or special district of the state or a	6772
county, township, municipal corporation, school district, or other	6773
political subdivision.	6774

(B) "Professional design firm" means any person legally	6775
engaged in rendering professional design services.	6776

(C) "Professional design services" means services within the	6777
scope of practice of an architect or landscape architect	6778
registered under Chapter 4703. of the Revised Code or a	6779
professional engineer or surveyor registered under Chapter 4733.	6780
of the Revised Code.	6781

(D) "Qualifications" means all of the following:

6782

(1) Competence of the professional design firm to perform the	6783
required professional design services as indicated by the	6784
technical training, education, and experience of the firm's	6785
personnel, especially the technical training, education, and	6786
experience of the employees within the firm who would be assigned	6787
to perform the services;	6788

(2) Ability of the firm in terms of its workload and the	6789
availability of qualified personnel, equipment, and facilities to	6790
perform the required professional design services competently and	6791
expeditiously;	6792

(3) Past performance of the firm as reflected by the	6793
evaluations of previous clients with respect to such factors as	6794
control of costs, quality of work, and meeting of deadlines;	6795

(4) Other similarAny other relevant factors as determined by	6796
the public authority.	6797

Sec. 153.691. No public authority planning to contract for	6798
professional design services under section 153.69 of the Revised	6799
Code shall require any form of fee estimate, fee proposal, or	6800
other estimate or measure of compensation prior to selecting and	6801
ranking professional design firms, except in instances when firms	6802
are selected and ranked by a state agency from a list of	6803
prequalified firms created under section 153.68 of the Revised	6804
Code and the state agency's payment of funds for the professional	6805
design services has been preapproved by the controlling board.	6806

Sec. 164.27. (A) The clean Ohio conservation fund is hereby	6807
created in the state treasury. Seventy-five per cent of the net	6808
proceeds of obligations issued and sold by the issuing authority	6809
pursuant to sections 151.01 and 151.09 of the Revised Code shall	6810
be deposited into the fund. Investment earnings of the fund shall	6811
be credited to the fund. For two years after the effective date of	6812
this section, investment earnings credited to the fundand may be	6813
used to pay costs incurred by the Ohio public works commission in	6814
administering sections 164.20 to 164.27 of the Revised Code.	6815
Moneys in the clean Ohio conservation fund shall be used to make	6816
grants to local political subdivisions and nonprofit organizations	6817
for projects that have been approved for grants under sections	6818
164.20 to 164.27 of the Revised Code.	6819

The clean Ohio conservation fund shall be administered by the	6820
Ohio public works commission.	6821

(B) For the purpose of grants issued under sections 164.20 to	6822
164.27 of the Revised Code, moneys shall be allocated on an annual	6823
basis from the clean Ohio conservation fund to districts	6824
represented by natural resources assistance councils as follows:	6825

(1) Each district shall receive an amount that is equal to	6826
one-fourth of one per cent of the total annual amount allocated to	6827
all districts each year for each county that is represented by the	6828
district.	6829

(2) The remaining moneys shall be allocated to each district	6830
annually on a per capita basis.	6831

(C) A grant that is awarded under sections 164.20 to 164.27	6832
of the Revised Code may provide up to seventy-five per cent of the	6833
estimated cost of a project. Matching funds from a grant recipient	6834
may consist of contributions of money by any person, any local	6835
political subdivision, or the federal government or of	6836
contributions in-kind by such entities through the purchase or	6837
donation of equipment, land, easements, interest in land, labor,	6838
or materials necessary to complete the project.	6839

(D) The director of the Ohio public works commission shall	6840
notify the director of budget and management of the amounts	6841
allocated pursuant to this section, and that information shall be	6842
entered in the state accounting system. The director of budget and	6843
management may establish appropriate line items or other	6844
mechanisms that are needed to track the allocations.	6845

(E) Grants awarded under sections 164.20 to 164.27 of the	6846
Revised Code from the clean Ohio conservation fund shall be used	6847
by a local political subdivision or nonprofit organization only to	6848
pay the costs related to the purposes for which grants may be	6849
issued under section 164.22 of the Revised Code and shall not be	6850
used by a local political subdivision or nonprofit organization to	6851
pay any administrative costs incurred by the local political	6852
subdivision or nonprofit organization.	6853

Sec. 165.09.  Any real or personal property, or both, of an	6854
issuer whichthat is acquired, constructed, reconstructed,	6855
enlarged, improved, furnished or equipped, or any combination	6856
thereof, and leased or subleased under authority of either Chapter	6857
165. or 761. of the Revised Code shall be subject to ad valorem,	6858
sales, use, and franchise taxes and to zoning, planning, and	6859
building regulations and fees, to the same extent and in the same	6860
manner as if the lessee-user or sublessee-user thereof, rather	6861
than the issuer, had acquired, constructed, reconstructed,	6862
enlarged, improved, furnished, or equipped, or any combination	6863
thereof, such real or personal property, and title thereto was in	6864
the name of such lessee-user or sublessee-user.	6865

The transfer of tangible personal property by lease or	6866
sublease under authority of either Chapter 165. or 761. of the	6867
Revised Code is not a sale as used in Chapter 5739. of the Revised	6868
Code. The exemptions provided in divisions (B)(1) and (B)(14)(13)	6869
of section 5739.02 of the Revised Code shall not be applicable to	6870
purchases for a project under either Chapters 165. or 761. of the	6871
Revised Code.	6872

An issuer shall be exempt from all taxes on its real or	6873
personal property, or both, which has been acquired, constructed,	6874
reconstructed, enlarged, improved, furnished, or equipped, or any	6875
combination thereof, under Chapter 165. or 761. of the Revised	6876
Code, so long as such property is used by the issuer for purposes	6877
which would otherwise exempt such property; has ceased to be used	6878
by a former lessee-user or sublessee-user and is not occupied or	6879
used; or has been acquired by the issuer, but development has not	6880
yet commenced. The exemption shall be effective as of the date the	6881
exempt use begins. All taxes on the exempt real or personal	6882
property for the year should be prorated and the taxes for the	6883
exempt portion of the year shall be remitted by the county	6884
auditor.	6885

Sec. 173.06.  (A) The director of aging shall establish a	6886
golden buckeye card program and provide a golden buckeye card to	6887
any resident of this state who applies to the director for a card	6888
and who is sixty years of age or older or disabledis a person	6889
with a disability and is eighteen years of age or older. The	6890
director shall devise programs to provide benefits of any kind to	6891
card holders, and encourage support and participation in them by	6892
all persons, including governmental organizations. Card holders	6893
shall be entitled to any benefits granted to them by private	6894
persons or organizations, the laws of this state, or ordinances or	6895
resolutions of political subdivisions. This section does not	6896
require any person or organization to provide benefits to any card	6897
holder. The department of aging shall bear all costs of the	6898
program, except that the department is not required to bear any	6899
costs related to the prescription drug discount programs	6900
established pursuant to section 173.061 of the Revised Code.	6901

(B) Before issuing a golden buckeye card to any person, the	6902
director shall establish the identity of any person who applies	6903
for a card and shall ascertain that such person is sixty years of	6904
age or older or disabledis a person with a disability and is	6905
eighteen years of age or older. The director shall adopt rules	6906
under Chapter 119. of the Revised Code to prevent the issuance of	6907
cards to persons not qualified to have them. Cards shall contain	6908
the signature of the card holder and any other information the	6909
director considers necessary to carry out the purposes of the	6910
golden buckeye card program under this section. Any card that the	6911
director issues shall be held in perpetuity by the original card	6912
holder and shall not be transferable to any other person. A person	6913
who loses the person's card may obtain another card from the	6914
director upon providing the same information to the director as	6915
was required for the issuance of the original card.	6916

(C) No person shall use a golden buckeye card except to	6917
obtain a benefit for the holder of the card to which the holder is	6918
entitled under the conditions of the offer.	6919

(D) As used in this section, "disabled person with a	6920
disability" means a person who has some impairment of body or mind	6921
that makes the person unfit to work at any substantially	6922
remunerative employment that the person is substantially able to	6923
perform and that will, with reasonable probability, continue for a	6924
period of at least twelve months without any present indication of	6925
recovery therefrom, or whoand has been certified as permanently	6926
and totally disabled by an agency of this state or the United	6927
States having the function of so classifying persons.	6928

Sec. 173.061. (A) As used in this section:

6929

(1) "Prescription drug" means a drug that may not be	6930
dispensed without a prescription from a licensed health	6931
professional authorized to prescribe drugs.	6932

(2) "Drug," "licensed health professional authorized to	6933
prescribe drugs," "pharmacy," and "prescription" have the same	6934
meanings as in section 4729.01 of the Revised Code.	6935

(3) "Disabled personPerson with a disability" has the same	6936
meaning as in section 173.06 of the Revised Code.	6937

(4) "Drug discount" means a reimbursement of a certain	6938
portion of the wholesale price of a drug to the administrator of a	6939
prescription drug program for funds accrued or paid in connection	6940
with a reduction in cost of the drug by the manufacturer to the	6941
prescription drug program cardholder pursuant to an agreement	6942
between the manufacturer and the administrator and in	6943
consideration of the administrator's agreement to return one	6944
hundred per cent of the non-negotiated discounts to the cardholder	6945
at the point of sale. A discount is not tied to and does not vary	6946
based on market share performance.	6947

(5) "Rebate" means a refund of a certain portion of the	6948
wholesale price of a drug to the administrator of a prescription	6949
drug program based on a negotiated agreement between the	6950
manufacturer and the administrator and in consideration of market	6951
share performance or continued access or availability of the drug	6952
under the administrator's prescription drug program.	6953

(B) The director of aging shall establish one or more	6954
prescription drug discount card programs that enable cardholders	6955
to receive discountsreduced prices on prescription drugs	6956
dispensed at participating pharmacies. A card shall be provided to	6957
any resident of this state who applies in accordance with rules	6958
adopted by the director pursuant to division (F) of this section	6959
and is sixty years of age or older or is a disabled person with a	6960
disability.	6961

If the director establishes more than one prescription drug	6962
discount card program under this section, an eligible resident may	6963
participate in one or more or all of the programs.	6964

(C)(1) The director shall solicit and accept proposals from	6965
entities separate from the department of aging to provide for	6966
administration of a program or programs in accordance with rules	6967
adopted under division (F) of this section. Proposals must be	6968
submitted not later than a date established by the director. The	6969
director shall accept only those proposals that specify all of the	6970
following:	6971

(a) The estimated amount of the discountreduced prices on	6972
prescription drugs based on the entity's previous experience and	6973
how the discountreduction is to be achieved;	6974

(b) To the extent that discounts on prescription drugs are to	6975
be achieved through rebates or discounts in prices that thean	6976
entity negotiates rebates with drug manufacturers, the proportion	6977
of the rebates or discounts to be used to do allany of the	6978
following:	6979

(i) Reduce any costs to cardholders;

6980

(ii) Achieve discounts for cardholders;

6981

(iii) Cover costs for administering the program;

6982

(iii) Offer any other benefits to cardholders.

6983

(c) Any other benefits offered to cardholders;

6984

(d) If fees are permitted, the fee, if any, to cardholders	6985
for participation in the program and whether the fee is to be a	6986
one-time or periodic fee;	6987

(e) The estimated number and geographic distribution of	6988
participating pharmacies and the process for establishing the	6989
program's pharmacy network;	6990

(f) Financial incentives to be paid to participating	6991
pharmacies by the entity;	6992

(g) The percentage of prescription drugs to be covered by the	6993
program by major drug category;	6994

(h) How the entity proposes to improve medication management	6995
for cardholders;	6996

(i) How cardholders and participating pharmacies will be	6997
informed of the discountedreduced price negotiated by the entity;	6998

(j) How the entity will handle complaints about the program's	6999
operation;	7000

(k) The entity's previous experience in managing similar	7001
programs;	7002

(l) Any additional information requested by the director.

7003

(2) The director shall contract with one or more entities to	7004
administer a program or programs on the basis of the proposals	7005
submitted, but may require an administrator to modify its conduct	7006
of a program in accordance with rules adopted under division (F)	7007
of this section. Prior to entering into a contract with an entity,	7008
the director shall obtain approval of the contract from the	7009
controlling board at a public hearing.	7010

The director shall adopt rules specifying the period for	7011
which a contract will be in effect and may terminate a contract if	7012
an administrator fails to conduct a program in accordance with its	7013
proposal or with any modifications required by rule. When a	7014
contract period ends or a contract is terminated, the director	7015
shall enter into a new contract in the manner specified in this	7016
section for an original contract. Prior to making a new contract,	7017
the director may modify the rules for administration of the	7018
program or programs.	7019

(D) The rules for administration of a program established	7020
under division (C)(2) of this section may permit an administrator	7021
to charge a fee for a prescription drug discount card. The fee may	7022
be a one-time or periodic fee. If the rules permit a fee to be	7023
charged, each entity that submits a proposal under which a fee	7024
will be charged shall specify the amount of the fee and the period	7025
to which the fee will apply.	7026

If an administrator charges a fee for a prescription drug	7027
discount card, the rules may require the administrator to issue	7028
the cards. If an administrator does not charge a fee, the rules	7029
may require the administrator to issue the cards or may include	7030
the prescription drug discount information on golden buckeye cards	7031
issued under section 173.06 of the Revised Code.	7032

(E) As used in this division, "administrator" includes the	7033
administrator's parent company and any subsidiary of the parent	7034
company.	7035

(1) No administrator shall sell any information concerning a	7036
person who holds a prescription drug discount card, other than	7037
aggregate information that does not identify the cardholder,	7038
without the cardholder's written consent.	7039

(2) Unless an administrator has the cardholder's written	7040
consent, no administrator shall use any personally identifiable	7041
information that it obtains concerning a cardholder through the	7042
program to promote or sell a program or product offered by the	7043
administrator that is not related to the administration of the	7044
program. This division does not prohibit an administrator from	7045
contacting cardholders concerning participation in or	7046
administration of the program, including, but not limited to,	7047
mailing a list of pharmacies participating in the program's	7048
network.	7049

(3) When determining medicaid drug rebates, an administrator	7050
shall be subject to best price calculations promulgated by the	7051
centers for medicare and medicaid services in the United States	7052
department of health and human services. An administrator may use	7053
rebates negotiated with a drug manufacturer without restriction,	7054
including sharing a portion of the rebate with the administrator's	7055
clients, prescription drug program participants, or participating	7056
pharmacies. To the extent that a discount is achieved through	7057
rebates or discounts in prices that an administrator negotiates	7058
rebates with drug manufacturers, anthe administrator shall use	7059
the rebates or discounts to do one or more of the following:	7060

(a) Reduce any costs to cardholders;

7061

(b) Achieve discounts for cardholders;

7062

(c) Cover any administrative costs of the program;

7063

(c) Offer any other benefits to cardholders.

7064

(4) An administrator may negotiate with drug manufacturers to	7065
have the prescription drug program or programs established by the	7066
department of aging under this section serve as a single	7067
enrollment point for the manufacturer's discount program. To the	7068
extent that discounts are offered by manufacturers through the	7069
program, discounts are exempt from best price calculations when	7070
determining medicaid drug rebates pursuant to 42 U.S.C. 1396r-8,	7071
as amended, if all of the following apply:	7072

(a) The manufacturer's program provides prescription drug	7073
assistance to a limited group of persons without negotiations	7074
between the manufacturer and a third party regarding the amount of	7075
assistance.	7076

(b) The manufacturer establishes the amount of the benefit to	7077
be given to persons without negotiations between the manufacturer	7078
and a third party regarding the amount of the benefit.	7079

(c) The entire amount of the discount is used to benefit an	7080
individual without providing an opportunity for the administrator,	7081
participating pharmacies, or any other third party to reduce or	7082
take for its use a portion of the benefit.	7083

(d) A participating pharmacy is reimbursed based on the lower	7084
of a calculated formula equal to the average wholesale price less	7085
a defined percentage plus a dispensing fee, or the pharmacy's	7086
usual and customary price for the drug.	7087

(e) Other than the benefit amount, a participating pharmacy	7088
collects no additional payment from the manufacturer's discount	7089
program.	7090

(5) To the extent that drug discounts on prescription drugs	7091
are achieved through reduced prices an administrator obtains from	7092
drug manufacturers, the administrator shall use the drug discounts	7093
to reduce prescription drug costs for cardholders.	7094

(F) The director shall adopt rules in accordance with Chapter	7095
119. of the Revised Code that do all of the following:	7096

(1) Specify how a resident may apply to participate in any	7097
one or more prescription drug discount card programs;	7098

(2) Provide for the administration of each program;

7099

(3) Specify the circumstances under which the director may	7100
require an administrator to modify its conduct of a program;	7101

(4) Specify the duration of a contract;

7102

(5) Specify whether an administrator may charge a fee for a	7103
card and whether an administrator is required to issue the cards;	7104

(6) Require that an administrator permit any pharmacy willing	7105
to comply with the administrator's terms and conditions for	7106
participation in the program's network to participate in any	7107
network used by the administrator for its program;	7108

(7) Prohibit an administrator from requiring a pharmacy or	7109
drug manufacturer to participate in the program's network as a	7110
condition of participation in another network operated by the	7111
administrator;	7112

(8) Permit an administrator to work with one or more drug	7113
manufacturers to obtain drug discounts;	7114

(9) Permit an administrator to negotiate with one or more	7115
drug manufacturers for discounts in drug prices or rebates;	7116

(9)(10) Permit an administrator to receive any rebate	7117
payments from drug manufacturers;	7118

(10)(11) Require that an administrator create a financial	7119
incentive program for participating pharmacies through which the	7120
administrator shall distribute a portion of any rebate payments	7121
from drug manufacturers received under division (F)(9)(10) of this	7122
section.	7123

(G) Not later than one month after the end of each	7124
twelve-month period that one or more prescription drug discount	7125
card programs are in operation, each administrator shall collect	7126
from each of its participating pharmacies and provide to the	7127
director of aging the information required by section 173.071 of	7128
the Revised Code.	7129

Sec. 173.062. Records identifying the recipients of golden	7130
buckeye cards issued under section 173.06 of the Revised Code or	7131
prescription drug discount cards issued under section 173.061 of	7132
the Revised Code are not public records subject to inspection or	7133
copying under section 149.43 of the Revised Code and may be	7134
disclosed only at the discretion of the director of aging. The	7135
director may disclose only information in records identifying the	7136
recipients of golden buckeye cards or prescription drug discount	7137
cards that does not contain the recipient's medical history or	7138
prescription drug utilization history.	7139

Sec. 173.07. Not later than four months after the end of each	7140
twelve-month period that one or more prescription drug discount	7141
card programs established under section 173.061 of the Revised	7142
Code are in operation, the director of aging shall issue a report	7143
on the operation of each program during that twelve-month period.	7144

Sec. 173.071. Each report issued under section 173.07 of the	7145
Revised Code shall be based on information received by the	7146
director of aging from each administrator under division (G) of	7147
section 173.061 of the Revised Code and specify all of the	7148
following about each program:	7149

(A) The number of prescription drug discount cardholders;

7150

(B) The number of cardholders who used the card at least once	7151
in the immediately preceding twelve-month period;	7152

(C) The total cost savings to all cardholders generated by	7153
the program;	7154

(D) The average cost savings to a cardholder per	7155
prescription;	7156

(E) The source and method of cost savings under the program;

7157

(F) The drugs that are discounted under the program listed	7158
according to major drug category;	7159

(G) The drugs for which rebates are offered under the	7160
program, listed according to major drug category;	7161

(H) For each participating pharmacy, the number of times in	7162
the twelve-month period that the pharmacy's customary and usual	7163
price was lower than the price offered under the prescription drug	7164
discount program;	7165

(H)(I) The name of the program's administrator;

7166

(I)(J) The length of the contract between the director and	7167
the program's administrator;	7168

(J)(K) The number of pharmacies participating in the program;

7169

(K)(L) Other than the cost of prescription drugs, any fees	7170
paid by cardholders to participate in the program;	7171

(L)(M) Any costs incurred by the state to operate the	7172
program;	7173

(M)(N) Any costs incurred by participating pharmacies to	7174
participate in the program.	7175

Sec. 173.08. (A) The resident services coordinator program is	7176
established in the department of aging to fund resident services	7177
coordinators. The coordinators shall provide information to	7178
low-income and special-needs tenants, including the elderly, who	7179
live in subsidized rental housing complexes, and assist those	7180
tenants in identifying and obtaining community and program	7181
services and other benefits for which they are eligible.	7182

(B) The resident services coordinator program fund is hereby	7183
created in the state treasury to support the resident services	7184
coordinator program established pursuant to this section. The fund	7185
consists of all moneys the department of development sets aside	7186
pursuant to division (A)(4) of section 175.21 of the Revised Code	7187
and moneys the general assembly appropriates to the fund.	7188

Sec. 173.14.  As used in sections 173.14 to 173.26 of the	7189
Revised Code:	7190

(A)(1) Except as otherwise provided in division (A)(2) of	7191
this section, "long-term care facility" includes any residential	7192
facility that provides personal care services for more than	7193
twenty-four hours for two or more unrelated adults, including all	7194
of the following:	7195

(a) A "nursing home," "residential care facility," or "home	7196
for the aging" as defined in section 3721.01 of the Revised Code;	7197

(b) A facility authorized to provide extended care services	7198
under Title XVIII of the "Social Security Act," 49 Stat. 620	7199
(1935), 42 U.S.C. 301, as amended;	7200

(c) A county home or district home operated pursuant to	7201
Chapter 5155. of the Revised Code;	7202

(d) An "adult care facility" as defined in section 3722.01 of	7203
the Revised Code;	7204

(e) A facility approved by the veterans administration under	7205
section 104(a) of the "Veterans Health Care Amendments of 1983,"	7206
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	7207
the placement and care of veterans;	7208

(f) An adult foster home certified under section 173.36 of	7209
the Revised Code.	7210

(2) "Long-term care facility" does not include a "residential	7211
facility" as defined in section 5119.22 of the Revised Code or a	7212
"residential facility" as defined in section 5123.19 of the	7213
Revised Code.	7214

(B) "Resident" means a resident of a long-term care facility	7215
and, where appropriate, includes a prospective, previous, or	7216
deceased resident of a long-term care facility.	7217

(C) "Community-based long-term care services" means health	7218
and social services provided to persons age sixty or older in	7219
their own homes or in community care settings, and includes any of	7220
the following:	7221

(1) Case management;

7222

(2) Home health care;

7223

(3) Homemaker services;

7224

(4) Chore services;

7225

(5) Respite care;

7226

(6) Adult day care;

7227

(7) Home-delivered meals;

7228

(8) Personal care;

7229

(9) Physical, occupational, and speech therapy;

7230

(10) Any other health and social services provided to persons	7231
age sixty or older that allow them to retain their independence in	7232
their own homes or in community care settings.	7233

(D) "Recipient" means a recipient of community-based	7234
long-term care services and, where appropriate, includes a	7235
prospective, previous, or deceased recipient of community-based	7236
long-term care services.	7237

(E) "Sponsor" means an adult relative, friend, or guardian	7238
who has an interest in or responsibility for the welfare of a	7239
resident or a recipient.	7240

(F) "Personal care services" has the same meaning as in	7241
section 3721.01 of the Revised Code.	7242

(G) "Regional long-term care ombudsperson program" means an	7243
entity, either public or private and nonprofit, designated as a	7244
regional long-term care ombudsperson program by the state	7245
long-term care ombudsperson.	7246

(H) "Representative of the office of the state long-term care	7247
ombudsperson program" means the state long-term care ombudsperson	7248
or a member of the ombudsperson's staff, or a person certified as	7249
a representative of the office under section 173.21 of the Revised	7250
Code.	7251

(I) "Area agency on aging" means an area agency on aging	7252
established under the "Older Americans Act of 1965," 79 Stat. 219,	7253
42 U.S.C.A. 3001, as amended.	7254

Sec. 173.26.  (A) Each of the following facilities shall	7255
annually pay to the department of aging threesix dollars for each	7256
bed maintained by the facility for use by a resident during any	7257
part of the previous year:	7258

(1) Nursing homes, residential care facilities, and homes for	7259
the aging as defined in section 3721.01 of the Revised Code;	7260

(2) Facilities authorized to provide extended care services	7261
under Title XVIII of the "Social Security Act," 49 Stat. 620	7262
(1935), 42 U.S.C. 301, as amended;	7263

(3) County homes and district homes operated pursuant to	7264
Chapter 5155. of the Revised Code;	7265

(4) Adult care facilities as defined in section 3722.01 of	7266
the Revised Code;	7267

(5) Adult foster homes certified under section 173.36 of the	7268
Revised Code;	7269

(6) Facilities approved by the Veterans Administration under	7270
Section 104(a) of the "Veterans Health Care Amendments of 1983,"	7271
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	7272
the placement and care of veterans.	7273

The department shall, by rule adopted under section 111.15in	7274
accordance with Chapter 119. of the Revised Code, establish	7275
deadlines for payments required by this section.	7276

(B) All money collected under this section shall be deposited	7277
in the state treasury to the credit of the office of the state	7278
long-term care ombudsmanombudsperson program fund, which is	7279
hereby created. Money credited to the fund shall be used solely to	7280
pay the costs of operating the regional long-term care ombudsman	7281
ombudsperson programs.	7282

(C) The state long-term care ombudsmanombudsperson and the	7283
regional programs may solicit and receive contributions to support	7284
the operation of the office or a regional program, except that no	7285
contribution shall be solicited or accepted that would interfere	7286
with the independence or objectivity of the office or program.	7287

Sec. 173.54.  (A) Through the contract required under section	7288
173.47 of the Revised Code, the department of aging shall provide	7289
for customer satisfaction surveys for use in publishing the Ohio	7290
long-term care consumer guide. The department shall ensure that	7291
the customer satisfaction surveys are conducted as follows:	7292

(1) The surveysOne survey shall be conducted annuallyeach	7293
year. The survey shall alternate between a survey of nursing	7294
facility residents and a survey of families of nursing facility	7295
residents.	7296

(2) The surveys shall consist of standardized, statistically	7297
valid and reliable questionnaires for nursing facility residents	7298
andor for families of nursing facility residents. Each	7299
questionnaire shall be structured in a manner that produces	7300
statistically tested valid and reliable responses, as specified in	7301
rules adopted by the department. Each questionnaire shall ask the	7302
resident's age and gender. The resident questionnaire shall ask	7303
who, if anyone, assisted the resident in completing the	7304
questionnaire. The family questionnaire shall ask the relationship	7305
of the person completing the questionnaire to the resident.	7306

(3) The resident survey shall be conducted in person, using a	7307
standardized survey protocol developed by the department in	7308
consultation with the long-term care consumer guide advisory	7309
council. The survey shall be conducted in a manner designed to	7310
preserve the resident's confidentiality as much as possible.	7311

(4) The family survey shall be conducted using anonymous	7312
questionnaires distributed to families and returned to a person	7313
other than the nursing facility, in accordance with a standardized	7314
survey protocol developed by the department in consultation with	7315
the long-term care consumer guide advisory council.	7316

(B) In addition to being used for the consumer guide, the	7317
results of the surveys conducted under this section shall be	7318
provided to the nursing facilities to which they pertain. Each	7319
nursing facility in this state shall participate as necessary for	7320
successful completion of the surveys.	7321

Sec. 175.03.  (A)(1) The Ohio housing finance agency shall	7322
consist of eleven members. Nine of the members shall be appointed	7323
by the governor with the advice and consent of the senate. The	7324
director of commerce and the director of development, or their	7325
respective designees, shall also be voting members of the agency.	7326
Of the nine appointed members, at least one shall have experience	7327
in residential housing construction; at least one shall have	7328
experience in residential housing mortgage lending, loan	7329
servicing, or brokering; at least one shall have experience in the	7330
licensed residential housing brokerage business; at least one	7331
shall have experience with the housing needs of senior citizens;	7332
at least one shall be from a background in labor representation in	7333
the construction industry; at least one shall represent the	7334
interests of nonprofit multifamily housing development	7335
corporations; at least one shall represent the interests of	7336
for-profit multifamily housing development organizations; and two	7337
shall be public members. The governor shall receive	7338
recommendations from the Ohio housing council for appointees to	7339
represent the interests of nonprofit multifamily housing	7340
development corporations and for-profit multifamily housing	7341
development organizations. Each appointee representing multifamily	7342
housing interests currently shall be employed with an organization	7343
that is active in the area of affordable housing development or	7344
management. No more than six of the appointed members of the	7345
agency shall be of the same political party. Of the appointments	7346
made to the agency for the eighth and ninth appointed members in	7347
accordance with this amendment, one shall be for a term ending on	7348
January 31, 2005, and one shall be for a term ending on January	7349
31, 2006. Thereafter, each appointed member shall serve for a term	7350
ending on the thirty-first day of January which is six years	7351
following the date of termination of the term which it succeeds.	7352
Each member shall hold office from the date of the member's	7353
appointment until the end of the term for which the member was	7354
appointed. Any member appointed to fill a vacancy occurring prior	7355
to the expiration of the term for which the member's predecessor	7356
was appointed shall hold office for the remainder of such term.	7357
Any appointed member shall continue in office subsequent to the	7358
expiration date of the member's term until the member's successor	7359
takes office, or until a period of sixty days has elapsed,	7360
whichever occurs first. Each appointed member may be removed from	7361
office by the governor for misfeasance, nonfeasance, malfeasance	7362
in office, or for failure to attend in person three consecutive	7363
meetings of the agency.	7364

(2) The director of development or the director's designee	7365
governor shall beappoint the chairperson of the agency. The	7366
agency shall elect one of its appointed members as	7367
vice-chairperson and such other officers as it deems necessary,	7368
who need not be members of the agency. Each appointed member of	7369
the agency shall receive compensation at the rate of one hundred	7370
fifty dollars per agency meeting attended in person, not to exceed	7371
a maximum of three thousand dollars per year. All members shall be	7372
reimbursed for their actual and necessary expenses incurred in the	7373
discharge of their official duties.	7374

(3) Six members of the agency constitute a quorum, and the	7375
affirmative vote of six members shall be necessary for any action	7376
taken by the agency. No vacancy in membership of the agency	7377
impairs the right of a quorum to exercise all the rights and	7378
perform all the duties of the agency. Meetings of the agency may	7379
be held at any place within the state. Meetings of the agency,	7380
including notice of the place of meetings, shall comply with	7381
section 121.22 of the Revised Code.	7382

(B)(1) The appointed members of the agency are not subject to	7383
section 102.02 of the Revised Code. Each such appointed member	7384
shall file with the agency a signed written statement setting	7385
forth the general nature of sales of goods, property or services	7386
or of loans to the agency in which such member has a pecuniary	7387
interest or in which any member of the member's immediate family,	7388
as defined in section 102.01 of the Revised Code, or any	7389
corporation, partnership or enterprise of which the member is an	7390
officer, director, or partner, or of which the member or a member	7391
of the member's immediate family, as so defined, owns more than a	7392
five per cent interest, has a pecuniary interest, and of which	7393
sale, loan and interest such member has knowledge. The statement	7394
shall be supplemented from time to time to reflect changes in the	7395
general nature of any such sales or loans. No member shall	7396
participate in portions of agency meetings dealing with, or vote	7397
concerning, any such matter.	7398

(2) The requirements of this section pertaining to disclosure	7399
and prohibition from participation and voting do not apply to	7400
agency loans to lending institutions or contracts between the	7401
agency and lending institutions for the purchase, administration,	7402
or servicing of loans notwithstanding that such lending	7403
institution has a director, officer, employee, or owner who is a	7404
member of the agency, and no such loans or contracts shall be	7405
deemed to be prohibited or otherwise regulated by reason of any	7406
other law or rule.	7407

(3) The members of the agency representing multifamily	7408
housing interests are not in violation of division (A) of section	7409
2921.42, division (D) of section 102.03, or division (E) of	7410
section 102.03 of the Revised Code in regard to a contract the	7411
agency enters into if both of the following apply:	7412

(a) The contract is entered into for a loan, grant, or	7413
participation in a program administered or funded by the agency	7414
and the contract was awarded pursuant to rules or guidelines the	7415
agency adopted.	7416

(b) The member does not participate in the discussion or vote	7417
on the contract if the contract secured a grant or loan that would	7418
directly benefit the member, a family member, or a business	7419
associate of the member.	7420

Sec. 175.21.  (A) The low- and moderate-income housing trust	7421
fund is hereby created in the state treasury. The fund shall	7422
consist of all appropriations,made to the fund, housing trust	7423
fund fees collected by county recorders pursuant to section 317.36	7424
of the Revised Code and deposited into the fund pursuant to	7425
section 319.63 of the Revised Code, and all grants, gifts, loan	7426
repayments, and contributions of money made from any source to the	7427
department of development for deposit in the fund. All investment	7428
earnings of the fund shall be credited to the fund. The director	7429
of development shall allocate a portion of the money in the fund	7430
to an account of the Ohio housing finance agency. The department	7431
shall administer the fund. The agency shall use money allocated to	7432
it in the fund for implementing and administering its programs and	7433
duties under sections 175.22 and 175.24 of the Revised Code, and	7434
the department shall use the remaining money in the fund for	7435
implementing and administering its programs and duties under	7436
sections 175.22 to 175.25 of the Revised Code. Use of all money in	7437
the fund is subject to the following restrictions:	7438

(1) Not more than six per cent of any current year	7439
appropriation authority for the fund shall be used for the	7440
transitional and permanent housing program to make grants to	7441
municipal corporations, counties, townships, and nonprofit	7442
organizations for the acquisition, rehabilitation, renovation,	7443
construction, conversion, operation, and cost of supportive	7444
services for new and existing transitional and permanent housing	7445
for homeless persons.	7446

(2)(a) Not more than five per cent of any current year	7447
appropriation authority for the fund shall be used for grants and	7448
loans to community development corporations and the Ohio community	7449
development finance fund, a private nonprofit corporation.	7450

(b) In any year in which the amount in the fund exceeds one	7451
hundred thousand dollars, not less than one hundred thousand	7452
dollars shall be used to provide training, technical assistance,	7453
and capacity building assistance to nonprofit development	7454
organizations in areas of the state the director designates as	7455
underserved.	7456

(c) For monies awarded in any fiscal year, priority shall be	7457
given to proposals submitted by nonprofit development	7458
organizations from areas of the state the director designates as	7459
underserved.	7460

(3) Not more than seven per cent of any current year	7461
appropriation authority for the fund shall be used for the	7462
emergency shelter housing grants program to make grants to	7463
private, nonprofit organizations and municipal corporations,	7464
counties, and townships for emergency shelter housing for the	7465
homeless. The grants shall be distributed pursuant to rules the	7466
director adopts and qualify as matching funds for funds obtained	7467
pursuant to the McKinney Act, 101 Stat. 85 (1987), 42 U.S.C.A.	7468
11371 to 11378.	7469

(4) In any fiscal year in which the amount in the fund	7470
exceeds the amount awarded pursuant to division (A)(2)(b) of this	7471
section by at least two hundred fifty thousand dollars, at least	7472
two hundred fifty thousand dollars from the fund shall be provided	7473
to the department of aging for the resident services coordinator	7474
program.	7475

(5) Of all money in the fund:

7476

(a) Not more than five per cent shall be used for	7477
administration.	7478

(b) Not less than forty-five per cent of the amount of funds	7479
awarded during any one fiscal year shall be used to makefor	7480
grants and loans to nonprofit organizations under section 175.22	7481
of the Revised Code, not.	7482

(c) Not less than fifty per cent of the amount of funds	7483
awarded during any one fiscal year, excluding the amounts awarded	7484
pursuant to divisions (A)(1), (A)(2), and (A)(3) of this section,	7485
shall be used to makefor grants and loans for activities that	7486
will provide housing and housing assistance to families and	7487
individuals in rural areas and small cities that wouldare not be	7488
eligible to participate as a participating jurisdiction under the	7489
"HOME Investment Partnerships Act," 104 Stat. 4094 (1990), 42	7490
U.S.C. 12701 note, 12721, no more than five per cent of the money	7491
in the fund shall be used for administration, and no.	7492

(d) No money in the fund shall be used to pay for any legal	7493
services other than the usual and customary legal services	7494
associated with the acquisition of housing.	7495

(6) Except as otherwise provided by the director under	7496
division (B) of this section, money in the fund may be used as	7497
matching money for federal funds received by the state, counties,	7498
municipal corporations, and townships for the activities listed in	7499
section 175.22 of the Revised Code.	7500

(B) If after the second quarter of any year it appears to the	7501
director that the full amount of the money in the low- and	7502
moderate-income housing trust fund designated in that year for	7503
activities that will provide housing and housing assistance to	7504
families and individuals in rural areas and small cities under	7505
division (A) of this section will not be so used for that purpose,	7506
the director may reallocate all or a portion of that amount for	7507
other housing activities. In determining whether or how to	7508
reallocate money under this division, the director may consult	7509
with and shall receive advice from the housing trust fund advisory	7510
committee.	7511

Sec. 175.22.  (A) The department of development and the Ohio	7512
housing finance agency shall each develop programs under which, in	7513
accordance with rules adopted under this section, itthey may make	7514
grants, loans, loan guarantees, and loan subsidies to counties,	7515
municipal corporations, townships, local housing authorities, and	7516
nonprofit organizations and may make loans, loan guarantees, and	7517
loan subsidies to private developers and private lenders to assist	7518
them in activities that will provide housing and housing	7519
assistance for specifically targeted low- and moderate-income	7520
families and individuals. There shall beis no minimum housing	7521
project size for awards under this division for any project that	7522
is being developed for a special needs population and that is	7523
supported by a social service agency where the housing project	7524
will beis located. Activities for which grants, loans, loan	7525
guarantees, and loan subsidies may be made under this section	7526
include all of the following:	7527

(1) Acquiring, financing, constructing, leasing,	7528
rehabilitating, remodeling, improving, and equipping publicly or	7529
privately owned housing;	7530

(2) Providing supportive services related to housing and the	7531
homeless, including housing counseling. Not more than twenty per	7532
cent of the current year appropriation authority for the low- and	7533
moderate-income housing trust fund that remains after the	7534
expenditures made pursuant to divisions (A)(1), (A)(2), and (A)(3)	7535
of section 175.21 of the Revised Code, shall be awarded in any	7536
fiscal year for such supportive services.	7537

(3) Providing rental assistance payments or other project	7538
operating subsidies that lower tenant rents.	7539

(B) Grants, loans, loan guarantees, and loan subsidies may be	7540
made to counties, municipal corporations, townships, and nonprofit	7541
organizations for the additional purposes of providing technical	7542
assistance, design and finance services and consultation, and	7543
payment of pre-development and administrative costs related to any	7544
of the activities listed above.	7545

(C) In developing programs under this section, the department	7546
and the agency shall invite, accept, and consider public comment,	7547
and recommendations from the housing trust fund advisory committee	7548
created under section 175.25 of the Revised Code, on how the	7549
programs should be designed to most effectively benefit low- and	7550
moderate-income families and individuals. The programs developed	7551
under this section shall respond collectively to housing and	7552
housing assistance needs of low- and moderate-income families and	7553
individuals statewide.	7554

(D) The department and the agency, in accordance with Chapter	7555
119. of the Revised Code, shall each adopt rules under which it	7556
shallto administer programs developed by it under this section.	7557
The rules shall prescribe procedures and forms wherebythat	7558
counties, municipal corporations, townships, local housing	7559
authorities, and nonprofit organizations may applyshall use in	7560
applying for grants, loans, loan guarantees, and loan subsidies	7561
and that private developers and private lenders may applyshall	7562
use in applying for loans, loan guarantees, and loan subsidies;	7563
eligibility criteria for the receipt of funds; procedures for	7564
reviewing and granting or denying applications; procedures for	7565
paying out funds; conditions on the use of funds; procedures for	7566
monitoring the use of funds; and procedures under which a	7567
recipient shall be required to repay funds that are improperly	7568
used. The rules adopted by the department shall do both of the	7569
following:	7570

(1) Require each recipient of a grant or loan made from the	7571
low- and moderate-income housing trust fund for activities that	7572
will provide, or assist in providing, a rental housing project, to	7573
reasonably ensure that the rental housing project will beremain	7574
affordable to those families and individuals targeted for the	7575
rental housing project for the useful life of the rental housing	7576
project or for thirty years, whichever is longer;	7577

(2) Require each recipient of a grant or loan made from the	7578
low- and moderate-income housing trust fund for activities that	7579
will provide, or assist in providing, a housing project to prepare	7580
and implement a plan to reasonably assist any families and	7581
individuals displaced by the housing project in obtaining decent	7582
affordable housing.	7583

(E) In prescribing eligibility criteria and conditions for	7584
the use of funds, neither the department nor the agency is limited	7585
to the criteria and conditions specified in this section and each	7586
may prescribe additional eligibility criteria and conditions that	7587
relate to the purposes for which grants, loans, loan guarantees,	7588
and loan subsidies may be made. However, the department and agency	7589
are limited by the following specifically targeted low- and	7590
moderate-income guidelines:	7591

(1) Not less than seventy-five per cent of the money granted	7592
and loaned under this section in any fiscal year shall be for	7593
activities that will provide affordable housing and housing	7594
assistance to families and individuals in a county whose incomes	7595
are equal to or less than fifty per cent of the median income for	7596
thatthe county in which they live, as determined by the	7597
department under section 175.23 of the Revised Code.	7598

(2) The remainder of theAny money granted and loaned under	7599
this section in any fiscal year that is not granted or loaned	7600
pursuant to division (E)(1) of this section shall be for	7601
activities that will provide affordable housing and housing	7602
assistance to families and individuals in a county whose incomes	7603
are equal to or less than eighty per cent of the median income for	7604
thatthe county in which they live, as determined by the	7605
department under section 175.23 of the Revised Code.	7606

(F) In making grants, loans, loan guarantees, and loan	7607
subsidies under this section, the department and the agency shall	7608
give preference to viable projects and activities that will	7609
benefit those families and individuals in a county whose incomes	7610
are equal to or less than thirty-five per cent of the median	7611
income for thatthe county in which they live, as determined by	7612
the department under section 175.23 of the Revised Code.	7613

(G) The department and the agency shall monitor the programs	7614
developed under this section to ensure that money granted and	7615
loaned under this section is not used in a manner that violates	7616
division (H) of section 4112.02 of the Revised Code or	7617
discriminates against families with children.	7618

Sec. 183.02.  This section's references to years mean state	7619
fiscal years.	7620

All payments received by the state pursuant to the tobacco	7621
master settlement agreement shall be deposited into the state	7622
treasury to the credit of the tobacco master settlement agreement	7623
fund, which is hereby created. All investment earnings of the fund	7624
shall also be credited to the fund. Except as provided in division	7625
(K) of this section, payments and interest credited to the fund	7626
shall be transferred by the director of budget and management as	7627
follows:	7628

(A)(1) Of the first payment credited to the tobacco master	7629
settlement agreement fund in 2000 and the net amounts credited to	7630
the fund annually from 2000 to 2006 and in 2012, the following	7631
amount or percentage shall be transferred to the tobacco use	7632
prevention and cessation trust fund, created in section 183.03 of	7633
the Revised Code:	7634

(2) Of the net amounts credited to the tobacco master	7645
settlement agreement fund in 2013, the director shall transfer to	7646
the tobacco use prevention and cessation trust fund the amount not	7647
transferred to the tobacco use prevention and cessation trust fund	7648
from the net amounts credited to the tobacco master settlement	7649
agreement fund in 2002 due to Am. Sub. H.B. No. 405 and Am. Sub.	7650
S.B. No. 242 of the 124th general assembly. Of the net amounts	7651
credited to the tobacco master settlement agreement fund in 2014,	7652
the director shall transfer to the tobacco use prevention and	7653
cessation trust fund the amount not transferred to the tobacco use	7654
prevention and cessation trust fund from the net amounts credited	7655
to the tobacco master settlement agreement fund in 2003 due to Am.	7656
Sub. H.B. No. 405 and Am. Sub. S.B. No. 242 of the 124th general	7657
assembly. Of the net amounts credited to the tobacco master	7658
settlement agreement fund in 2015, the director shall transfer to	7659
the tobacco use prevention and cessation trust fund the amount not	7660
transferred to the tobacco use prevention and cessation trust fund	7661
from the net amounts credited to the tobacco master settlement	7662
agreement fund in 2004 due to Am. Sub. H.B. 95 of the 125th	7663
general assembly.	7664

(B) Of the first payment credited to the tobacco master	7665
settlement agreement fund in 2000 and the net amounts credited to	7666
the fund annually in 2000 and 2001, the following amount or	7667
percentage shall be transferred to the law enforcement	7668
improvements trust fund, created in section 183.10 of the Revised	7669
Code:	7670

(C)(1) Of the first payment credited to the tobacco master	7675
settlement agreement fund in 2000 and the net amounts credited to	7676
the fund annually from 2000 to 2011, the following percentages	7677
shall be transferred to the southern Ohio agricultural and	7678
community development trust fund, created in section 183.11 of the	7679
Revised Code:	7680

(2) Of the net amounts credited to the tobacco master	7692
settlement agreement fund in 2013, the director shall transfer to	7693
the southern Ohio agricultural and community development trust	7694
fund the amount not transferred to the southern Ohio agricultural	7695
and community development trust fund from the net amounts credited	7696
to the tobacco master settlement agreement fund in 2002 due to Am.	7697
Sub. H.B. No. 405 and Am. Sub. S.B. No. 242 of the 124th general	7698
assembly. Of the net amounts credited to the tobacco master	7699
settlement agreement fund in 2014, the director shall transfer to	7700
the southern Ohio agricultural and community development trust	7701
fund the amount not transferred to the southern Ohio agricultural	7702
and community development trust fund from the net amounts credited	7703
to the tobacco master settlement agreement fund in 2003 due to Am.	7704
Sub. H.B. No. 405 and Am. Sub. S.B. No. 242 of the 124th general	7705
assembly.	7706

(D)(1) The following percentages of the net amounts credited	7707
to the tobacco master settlement agreement fund annually shall be	7708
transferred to Ohio's public health priorities trust fund, created	7709
in section 183.18 of the Revised Code:	7710

(2) Of the net amounts credited to the tobacco master	7725
settlement agreement fund in 2013, the director shall transfer to	7726
Ohio's public health priorities trust fund the amount not	7727
transferred to Ohio's public health priorities trust fund from the	7728
net amounts credited to the tobacco master settlement agreement	7729
fund in 2002 due to Am. Sub. H.B. No. 405 and Am. Sub. S.B. No.	7730
242 of the 124th general assembly. Of the net amounts credited to	7731
the tobacco master settlement agreement fund in 2014, the director	7732
shall transfer to Ohio's public health priorities trust fund the	7733
amount not transferred to Ohio's public health priorities trust	7734
fund from the net amounts credited to the tobacco master	7735
settlement agreement fund in 2003 due to Am. Sub. H.B. No. 405 and	7736
Am. Sub. S.B. No. 242 of the 124th general assembly.	7737

(E) The following percentages of the net amounts credited to	7738
the tobacco master settlement agreement fund annually shall be	7739
transferred to the biomedical research and technology transfer	7740
trust fund, created in section 183.19 of the Revised Code:	7741

(F) Of the amounts credited to the tobacco master settlement	7753
agreement fund annually, the following amounts shall be	7754
transferred to the education facilities trust fund, created in	7755
section 183.26 of the Revised Code:	7756

(G) Of the amounts credited to the tobacco master settlement	7768
agreement fund annually, from 2000 to 2012 five million dollars	7769
per year shall be transferred to the education facilities	7770
endowment fund, created in section 183.27 of the Revised Code.	7771
From 2013 to 2025, the following percentages of the amounts	7772
credited to the tobacco master settlement agreement fund annually	7773
shall be transferred to the endowment fund:	7774

(H) The following percentages of the net amounts credited to	7779
the tobacco master settlement agreement fund annually shall be	7780
transferred to the education technology trust fund, created in	7781
section 183.28 of the Revised Code:	7782

(I) In each year from 2003 to 2025, after the transfers made	7797
under divisions (F) and (G) of this section but prior to the	7798
transfers made under divisions (A) to (E) of this section, the	7799
director of budget and management shall transfer to the tobacco	7800
settlement oversight, administration, and enforcement fund created	7801
in section 183.34 of the Revised Code such amount as the director	7802
determines necessary to pay the costs incurred by the attorney	7803
general in tobacco settlement oversight, administration, and	7804
enforcement.	7805

(J) In each year from 2003 to 2025, after the transfers made	7806
under divisions (F) and (G) of this section but prior to the	7807
transfers made under divisions (A) to (E) of this section, the	7808
director of budget and management shall transfer to the tobacco	7809
settlement enforcement fund created in section 183.35 of the	7810
Revised Code such amount as the director determines necessary to	7811
pay the costs incurred by the tax commissioner in the enforcement	7812
of divisions (F) and (G) of section 5743.03 of the Revised Code.	7813

(K) If in any year from 2001 to 2012 the payments and	7814
interest credited to the tobacco master settlement agreement fund	7815
during the year amount to less than the amounts required to be	7816
transferred to the education facilities trust fund and the	7817
education facilities endowment fund that year, the director of	7818
budget and management shall make none of the transfers required by	7819
divisions (A) to (J) of this section.	7820

(L) If in any year from 2000 to 2025 the payments credited to	7821
the tobacco master settlement agreement fund during the year	7822
exceed the following amounts, the director of budget and	7823
management shall transfer the excess to the income tax reduction	7824
fund, created in section 131.44 of the Revised Code:	7825

Sec. 306.35.  Upon the creation of a regional transit	7837
authority as provided by section 306.32 of the Revised Code, and	7838
upon the qualifying of its board of trustees and the election of a	7839
president and a vice-president, the authority shall exercise in	7840
its own name all the rights, powers, and duties vested in and	7841
conferred upon it by sections 306.30 to 306.53 of the Revised	7842
Code. Subject to any reservations, limitations, and qualifications	7843
that are set forth in those sections, the regional transit	7844
authority:	7845

(A) May sue or be sued in its corporate name;

7846

(B) May make contracts in the exercise of the rights, powers,	7847
and duties conferred upon it;	7848

(C) May adopt and at will alter a seal and use such seal by	7849
causing it to be impressed, affixed, reproduced, or otherwise	7850
used, but failure to affix the seal shall not affect the validity	7851
of any instrument;	7852

(D)(1) May adopt, amend, and repeal bylaws for the	7853
administration of its affairs and rules for the control of the	7854
administration and operation of transit facilities under its	7855
jurisdiction, and for the exercise of all of its rights of	7856
ownership in those transit facilities;	7857

(2) The regional transit authority also may adopt bylaws and	7858
rules for the following purposes:	7859

(a) To prohibit selling, giving away, or using any beer or	7860
intoxicating liquor on transit vehicles or transit property;	7861

(b) For the preservation of good order within or on transit	7862
vehicles or transit property;	7863

(c) To provide for the protection and preservation of all	7864
property and life within or on transit vehicles or transit	7865
property;	7866

(d) To regulate and enforce the collection of fares.

7867

(3) Before a bylaw or rule adopted under division (D)(2) of	7868
this section takes effect, the regional transit authority shall	7869
provide for a notice of its adoption to be published once a week	7870
for two consecutive weeks in a newspaper of general circulation	7871
within the territorial boundaries of the regional transit	7872
authority.	7873

(4) No person shall violate any bylaw or rule of a regional	7874
transit authority adopted under division (D)(2) of this section.	7875

(E) May fix, alter, and collect fares, rates, and rentals and	7876
other charges for the use of transit facilities under its	7877
jurisdiction to be determined exclusively by it for the purpose of	7878
providing for the payment of the expenses of the regional transit	7879
authority, the acquisition, construction, improvement, extension,	7880
repair, maintenance, and operation of transit facilities under its	7881
jurisdiction, the payment of principal and interest on its	7882
obligations, and to fulfill the terms of any agreements made with	7883
purchasers or holders of any such obligations, or with any person	7884
or political subdivision;	7885

(F) Shall have jurisdiction, control, possession, and	7886
supervision of all property, rights, easements, licenses, moneys,	7887
contracts, accounts, liens, books, records, maps, or other	7888
property rights and interests conveyed, delivered, transferred, or	7889
assigned to it;	7890

(G) May acquire, construct, improve, extend, repair, lease,	7891
operate, maintain, or manage transit facilities within or without	7892
its territorial boundaries, considered necessary to accomplish the	7893
purposes of its organization and make charges for the use of	7894
transit facilities;	7895

(H) May levy and collect taxes as provided in sections 306.40	7896
and 306.49 of the Revised Code;	7897

(I) May issue bonds secured by its general credit as provided	7898
in section 306.40 of the Revised Code;	7899

(J) May hold, encumber, control, acquire by donation, by	7900
purchase for cash or by installment payments, by lease-purchase	7901
agreement, by lease with option to purchase, or by condemnation,	7902
and may construct, own, lease as lessee or lessor, use, and sell,	7903
real and personal property, or any interest or right in real and	7904
personal property, within or without its territorial boundaries,	7905
for the location or protection of transit facilities and	7906
improvements and access to transit facilities and improvements,	7907
the relocation of buildings, structures, and improvements situated	7908
on lands acquired by the regional transit authority, or for any	7909
other necessary purpose, or for obtaining or storing materials to	7910
be used in constructing, maintaining, and improving transit	7911
facilities under its jurisdiction;	7912

(K) May exercise the power of eminent domain to acquire	7913
property or any interest in property, within or without its	7914
territorial boundaries, that is necessary or proper for the	7915
construction or efficient operation of any transit facility or	7916
access to any transit facility under its jurisdiction in	7917
accordance with section 306.36 of the Revised Code;	7918

(L) May provide by agreement with any county, including the	7919
counties within its territorial boundaries, or any municipal	7920
corporation or any combination of counties or municipal	7921
corporations for the making of necessary surveys, appraisals, and	7922
examinations preliminary to the acquisition or construction of any	7923
transit facility and the amount of the expense for the surveys,	7924
appraisals, and examinations to be paid by each such county or	7925
municipal corporation;	7926

(M) May provide by agreement with any county, including the	7927
counties within its territorial boundaries, or any municipal	7928
corporation or any combination of those counties or municipal	7929
corporations for the acquisition, construction, improvement,	7930
extension, maintenance, or operation of any transit facility owned	7931
or to be owned and operated by it or owned or to be owned and	7932
operated by any such county or municipal corporation and the terms	7933
on which it shall be acquired, leased, constructed, maintained, or	7934
operated, and the amount of the cost and expense of the	7935
acquisition, lease, construction, maintenance, or operation to be	7936
paid by each such county or municipal corporation;	7937

(N) May issue revenue bonds for the purpose of acquiring,	7938
replacing, improving, extending, enlarging, or constructing any	7939
facility or permanent improvement that it is authorized to	7940
acquire, replace, improve, extend, enlarge, or construct,	7941
including all costs in connection with and incidental to the	7942
acquisition, replacement, improvement, extension, enlargement, or	7943
construction, and their financing, as provided by section 306.37	7944
of the Revised Code;	7945

(O) May enter into and supervise franchise agreements for the	7946
operation of a transit system;	7947

(P) May accept the assignment of and supervise an existing	7948
franchise agreement for the operation of a transit system;	7949

(Q) May exercise a right to purchase a transit system in	7950
accordance with the acquisition terms of an existing franchise	7951
agreement; and in connection with the purchase the regional	7952
transit authority may issue revenue bonds as provided by section	7953
306.37 of the Revised Code or issue bonds secured by its general	7954
credit as provided in section 306.40 of the Revised Code;	7955

(R) May apply for and accept grants or loans from the United	7956
States, the state, or any other public body for the purpose of	7957
providing for the development or improvement of transit	7958
facilities, mass transportation facilities, equipment, techniques,	7959
methods, or services, and grants or loans needed to exercise a	7960
right to purchase a transit system pursuant to agreement with the	7961
owner of those transit facilities, or for providing lawful	7962
financial assistance to existing transit systems; and may provide	7963
any consideration that may be required in order to obtain those	7964
grants or loans from the United States, the state, or other public	7965
body, either of which grants or loans may be evidenced by the	7966
issuance of revenue bonds as provided by section 306.37 of the	7967
Revised Code or general obligation bonds as provided by section	7968
306.40 of the Revised Code;	7969

(S) May employ and fix the compensation of consulting	7970
engineers, superintendents, managers, and such other engineering,	7971
construction, accounting and financial experts, attorneys, and	7972
other employees and agents necessary for the accomplishment of its	7973
purposes;	7974

(T) May procure insurance against loss to it by reason of	7975
damages to its properties resulting from fire, theft, accident, or	7976
other casualties or by reason of its liability for any damages to	7977
persons or property occurring in the construction or operation of	7978
transit facilities under its jurisdiction or the conduct of its	7979
activities;	7980

(U) May maintain funds that it considers necessary for the	7981
efficient performance of its duties;	7982

(V) May direct its agents or employees, when properly	7983
identified in writing, after at least five days' written notice,	7984
to enter upon lands within or without its territorial boundaries	7985
in order to make surveys and examinations preliminary to the	7986
location and construction of transit facilities, without liability	7987
to it or its agents or employees except for actual damage done;	7988

(W) On its own motion, may request the appropriate zoning	7989
board, as defined in section 4563.03 of the Revised Code, to	7990
establish and enforce zoning regulations pertaining to any transit	7991
facility under its jurisdiction in the manner prescribed by	7992
sections 4563.01 to 4563.21 of the Revised Code;	7993

(X) If it acquires any existing transit system, shall assume	7994
all the employer's obligations under any existing labor contract	7995
between the employees and management of the system. If the board	7996
acquires, constructs, controls, or operates any such facilities,	7997
it shall negotiate arrangements to protect the interests of	7998
employees affected by the acquisition, construction, control, or	7999
operation. The arrangements shall include, but are not limited to:	8000

(1) The preservation of rights, privileges, and benefits	8001
under existing collective bargaining agreements or otherwise, the	8002
preservation of rights and benefits under any existing pension	8003
plans covering prior service, and continued participation in	8004
social security in addition to participation in the public	8005
employees retirement system as required in Chapter 145. of the	8006
Revised Code;	8007

(2) The continuation of collective bargaining rights;

8008

(3) The protection of individual employees against a	8009
worsening of their positions with respect to their employment;	8010

(4) Assurances of employment to employees of those transit	8011
systems and priority reemployment of employees terminated or laid	8012
off;	8013

(5) Paid training or retraining programs;

8014

(6) Signed written labor agreements.

8015

The arrangements may include provisions for the submission of	8016
labor disputes to final and binding arbitration.	8017

(Y) May provide for and maintain security operations,	8018
including a transit police department, subject to section 306.352	8019
of the Revised Code. Regional transit authority police officers	8020
shall have the power and duty to act as peace officers within	8021
transit facilities owned, operated, or leased by the transit	8022
authority to protect the transit authority's property and the	8023
person and property of passengers, to preserve the peace, and to	8024
enforce all laws of the state and ordinances and regulations of	8025
political subdivisions in which the transit authority operates.	8026
Regional transit authority police officers also shall have the	8027
power and duty to act as peace officers when they render emergency	8028
assistance outside their jurisdiction to any other peace officer	8029
who is not a regional transit authority police officer and who has	8030
arrest authority under section 2935.03 of the Revised Code.	8031
Regional transit authority police officers may render emergency	8032
assistance if there is a threat of imminent physical danger to the	8033
peace officer, a threat of physical harm to another person, or any	8034
other serious emergency situation and if either the peace officer	8035
who is assisted requests emergency assistance or it appears that	8036
the peace officer who is assisted is unable to request emergency	8037
assistance and the circumstances observed by the regional transit	8038
authority police officer reasonably indicate that emergency	8039
assistance is appropriate.	8040

Before exercising powers of arrest and the other powers and	8041
duties of a peace officer, each regional transit authority police	8042
officer shall take an oath and give bond to the state in a sum	8043
that the board of trustees prescribes for the proper performance	8044
of the officer's duties.	8045

Persons employed as regional transit authority police	8046
officers shall complete training for the position to which they	8047
have been appointed as required by the Ohio peace officer training	8048
commission as authorized in section 109.77 of the Revised Code, or	8049
be otherwise qualified. The cost of the training shall be provided	8050
by the regional transit authority.	8051

(Z) May procure a policy or policies insuring members of its	8052
board of trustees against liability on account of damages or	8053
injury to persons and property resulting from any act or omission	8054
of a member in the member's official capacity as a member of the	8055
board or resulting solely out of the member's membership on the	8056
board;	8057

(AA) May enter into any agreement for the sale and leaseback	8058
or lease and leaseback of transit facilities, which agreement may	8059
contain all necessary covenants for the security and protection of	8060
any lessor or the regional transit authority including, but not	8061
limited to, indemnification of the lessor against the loss of	8062
anticipated tax benefits arising from acts, omissions, or	8063
misrepresentations of the regional transit authority. In	8064
connection with that transaction, the regional transit authority	8065
may contract for insurance and letters of credit and pay any	8066
premiums or other charges for the insurance and letters of credit.	8067
The fiscal officer shall not be required to furnish any	8068
certificate under section 5705.41 of the Revised Code in	8069
connection with the execution of any such agreement.	8070

(BB) In regard to any contract entered into on or after March	8071
19, 1993, for the rendering of services or the supplying of	8072
materials or for the construction, demolition, alteration, repair,	8073
or reconstruction of transit facilities in which a bond is	8074
required for the faithful performance of the contract, may permit	8075
the person awarded the contract to utilize a letter of credit	8076
issued by a bank or other financial institution in lieu of the	8077
bond;	8078

(CC) May enter into agreements with municipal corporations	8079
located within the territorial jurisdiction of the regional	8080
transit authority permitting regional transit authority police	8081
officers employed under division (Y) of this section to exercise	8082
full arrest powers, as provided in section 2935.03 of the Revised	8083
Code, for the purpose of preserving the peace and enforcing all	8084
laws of the state and ordinances and regulations of the municipal	8085
corporation within the areas that may be agreed to by the regional	8086
transit authority and the municipal corporation.	8087

Sec. 306.99. (A) No person shall violate any rule or	8088
regulation adopted pursuant to division (N) of section 306.04 of	8089
the Revised Code and whoever violates such a rule or regulation	8090
shall be fined not more than one thousand dollars or imprisoned	8091
not more than ninety days or both.	8092

(B) Whoever violates division (D)(4) of section 306.35 of the	8093
Revised Code shall be fined not more than one hundred dollars on a	8094
first offense and not more than five hundred dollars on each	8095
subsequent offense.	8096

Fines levied and collected for such violations shall be paid	8097
into the treasury of the regional transit authority. The regional	8098
transit authority may use such fine money for any purpose that is	8099
not inconsistent with sections 306.30 to 306.54 of the Revised	8100
Code.	8101

Sec. 307.86.  Anything to be purchased, leased, leased with	8102
an option or agreement to purchase, or constructed, including, but	8103
not limited to, any product, structure, construction,	8104
reconstruction, improvement, maintenance, repair, or service,	8105
except the services of an accountant, architect, attorney at law,	8106
physician, professional engineer, construction project manager,	8107
consultant, surveyor, or appraiser, by or on behalf of the county	8108
or contracting authority, as defined in section 307.92 of the	8109
Revised Code, at a cost in excess of fifteentwenty-five thousand	8110
dollars, except as otherwise provided in division (D) of section	8111
713.23 and in sections 125.04, 307.022, 307.041, 307.861, 339.05,	8112
340.03, 340.033, 4115.31 to 4115.35, 5119.16, 5513.01, 5543.19,	8113
5713.01, and 6137.05 of the Revised Code, shall be obtained	8114
through competitive bidding. However, competitive bidding is not	8115
required when any of the following applies:	8116

(A) The board of county commissioners, by a unanimous vote of	8117
its members, makes a determination that a real and present	8118
emergency exists, and that determination and the reasons for it	8119
are entered in the minutes of the proceedings of the board, when	8120
either of the following applies:	8121

(1) The estimated cost is less than fifty thousand dollars.

8122

(2) There is actual physical disaster to structures, radio	8123
communications equipment, or computers.	8124

For purposes of this division, "unanimous vote" means all	8125
three members of a board of county commissioners when all three	8126
members are present, or two members of the board if only two	8127
members, constituting a quorum, are present.	8128

Whenever a contract of purchase, lease, or construction is	8129
exempted from competitive bidding under division (A)(1) of this	8130
section because the estimated cost is less than fifty thousand	8131
dollars, but the estimated cost is fifteentwenty-five thousand	8132
dollars or more, the county or contracting authority shall solicit	8133
informal estimates from no fewer than three persons who could	8134
perform the contract, before awarding the contract. With regard to	8135
each such contract, the county or contracting authority shall	8136
maintain a record of such estimates, including the name of each	8137
person from whom an estimate is solicited. The county or	8138
contracting authority shall maintain the record for the longer of	8139
at least one year after the contract is awarded or the amount of	8140
time the federal government requires.	8141

(B)(1) The purchase consists of supplies or a replacement or	8142
supplemental part or parts for a product or equipment owned or	8143
leased by the county, and the only source of supply for the	8144
supplies, part, or parts is limited to a single supplier.	8145

(2) The purchase consists of services related to information	8146
technology, such as programming services, that are proprietary or	8147
limited to a single source.	8148

(C) The purchase is from the federal government, the state,	8149
another county or contracting authority of another county, or a	8150
board of education, township, or municipal corporation.	8151

(D) PublicThe purchase is made by a county department of job	8152
and family services under section 329.04 of the Revised Code and	8153
consists of family services duties or workforce development	8154
activities are purchased for provision by the county department of	8155
job and family services under section 329.04 of the Revised Code,	8156
or is made by a county board of mental retardation and	8157
developmental disabilities under section 5126.05 of the Revised	8158
Code and consists of program services, such as direct and	8159
ancillary client services, child day-care, case management	8160
services, residential services, and family resource services, are	8161
purchased for provision by a county board of mental retardation	8162
and developmental disabilities under section 5126.05 of the	8163
Revised Code.	8164

(E) The purchase consists of criminal justice services,	8165
social services programs, family services, or workforce	8166
development activities by the board of county commissioners from	8167
nonprofit corporations or associations under programs funded by	8168
the federal government or by state grants.	8169

(F) The purchase consists of any form of an insurance policy	8170
or contract authorized to be issued under Title XXXIX of the	8171
Revised Code or any form of health care plan authorized to be	8172
issued under Chapter 1751. of the Revised Code, or any combination	8173
of such policies, contracts, or plans that the contracting	8174
authority is authorized to purchase, and the contracting authority	8175
does all of the following:	8176

(1) Determines that compliance with the requirements of this	8177
section would increase, rather than decrease, the cost of the	8178
purchase;	8179

(2) Employs a competent consultant to assist the contracting	8180
authority in procuring appropriate coverages at the best and	8181
lowest prices;	8182

(3) Requests issuers of the policies, contracts, or plans to	8183
submit proposals to the contracting authority, in a form	8184
prescribed by the contracting authority, setting forth the	8185
coverage and cost of the policies, contracts, or plans as the	8186
contracting authority desires to purchase;	8187

(4) Negotiates with the issuers for the purpose of purchasing	8188
the policies, contracts, or plans at the best and lowest price	8189
reasonably possible.	8190

(G) The purchase consists of computer hardware, software, or	8191
consulting services that are necessary to implement a computerized	8192
case management automation project administered by the Ohio	8193
prosecuting attorneys association and funded by a grant from the	8194
federal government.	8195

(H) Child day-care services are purchased for provision to	8196
county employees.	8197

(I)(1) Property, including land, buildings, and other real	8198
property, is leased for offices, storage, parking, or other	8199
purposes, and all of the following apply:	8200

(a) The contracting authority is authorized by the Revised	8201
Code to lease the property.	8202

(b) The contracting authority develops requests for proposals	8203
for leasing the property, specifying the criteria that will be	8204
considered prior to leasing the property, including the desired	8205
size and geographic location of the property.	8206

(c) The contracting authority receives responses from	8207
prospective lessors with property meeting the criteria specified	8208
in the requests for proposals by giving notice in a manner	8209
substantially similar to the procedures established for giving	8210
notice under section 307.87 of the Revised Code.	8211

(d) The contracting authority negotiates with the prospective	8212
lessors to obtain a lease at the best and lowest price reasonably	8213
possible considering the fair market value of the property and any	8214
relocation and operational costs that may be incurred during the	8215
period the lease is in effect.	8216

(2) The contracting authority may use the services of a real	8217
estate appraiser to obtain advice, consultations, or other	8218
recommendations regarding the lease of property under this	8219
division.	8220

(J) The purchase is made pursuant to section 5139.34 or	8221
sections 5139.41 to 5139.46 of the Revised Code and is of programs	8222
or services that provide case management, treatment, or prevention	8223
services to any felony or misdemeanant delinquent, unruly youth,	8224
or status offender under the supervision of the juvenile court,	8225
including, but not limited to, community residential care, day	8226
treatment, services to children in their home, or electronic	8227
monitoring.	8228

(K) The purchase is made by a public children services agency	8229
pursuant to section 307.92 or 5153.16 of the Revised Code and	8230
consists of family services, programs, or ancillary services that	8231
provide case management, prevention, or treatment services for	8232
children at risk of being or alleged to be abused, neglected, or	8233
dependent children.	8234

Any issuer of policies, contracts, or plans listed in	8235
division (F) of this section and any prospective lessor under	8236
division (I) of this section may have the issuer's or prospective	8237
lessor's name and address, or the name and address of an agent,	8238
placed on a special notification list to be kept by the	8239
contracting authority, by sending the contracting authority that	8240
name and address. The contracting authority shall send notice to	8241
all persons listed on the special notification list. Notices shall	8242
state the deadline and place for submitting proposals. The	8243
contracting authority shall mail the notices at least six weeks	8244
prior to the deadline set by the contracting authority for	8245
submitting proposals. Every five years the contracting authority	8246
may review this list and remove any person from the list after	8247
mailing the person notification of that action.	8248

Any contracting authority that negotiates a contract under	8249
division (F) of this section shall request proposals and	8250
renegotiate with issuers in accordance with that division at least	8251
every three years from the date of the signing of such a contract.	8252

Any consultant employed pursuant to division (F) of this	8253
section and any real estate appraiser employed pursuant to	8254
division (I) of this section shall disclose any fees or	8255
compensation received from any source in connection with that	8256
employment.	8257

Sec. 307.87.  Where competitive bidding is required by	8258
section 307.86 of the Revised Code, notice thereof shall be given	8259
in the following manner:	8260

(A) Notice shall be published once a week for not less than	8261
two consecutive weeks preceding the day of the opening of bids in	8262
a newspaper of general circulation within the county for any	8263
purchase, lease, lease with option or agreement to purchase, or	8264
construction contract in excess of tentwenty-five thousand	8265
dollars. The contracting authority may also cause notice to be	8266
inserted in trade papers or other publications designated by it or	8267
to be distributed by electronic means, including posting the	8268
notice on the contracting authority's internet site on the world	8269
wide web. If the contracting authority posts the notice on that	8270
location on the world wide web, it may eliminate the second notice	8271
otherwise required to be published in a newspaper of general	8272
circulation within the county, provided that the first notice	8273
published in such a newspaper meets all of the following	8274
requirements:	8275

(1) It is published at least two weeks before the opening of	8276
bids.	8277

(2) It includes a statement that the notice is posted on the	8278
contracting authority's internet site on the world wide web.	8279

(3) It includes the internet address of the contracting	8280
authority's internet site on the world wide web.	8281

(4) It includes instructions describing how the notice may be	8282
accessed on the contracting authority's internet site on the world	8283
wide web.	8284

(B) Notices shall state all of the following:

8285

(1) A general description of the subject of the proposed	8286
contract and the time and place where the plans and specifications	8287
or itemized list of supplies, facilities, or equipment and	8288
estimated quantities can be obtained or examined;	8289

(2) The time and place where bids will be opened;

8290

(3) The time and place for filing bids;

8291

(4) The terms of the proposed purchase;

8292

(5) Conditions under which bids will be received;

8293

(6) The existence of a system of preference, if any, for	8294
products mined and produced in Ohio and the United States adopted	8295
pursuant to section 307.90 of the Revised Code.	8296

(B)(C) The contracting authority shall also maintain in a	8297
public place in its office or other suitable public place a	8298
bulletin board upon which it shall post and maintain a copy of	8299
such notice for at least two weeks preceding the day of the	8300
opening of the bids.	8301

Sec. 307.93.  (A) The boards of county commissioners of two	8302
or more adjacent counties may contract for the joint establishment	8303
of a multicounty correctional center, and the board of county	8304
commissioners of a county or the boards of two or more counties	8305
may contract with any municipal corporation or municipal	8306
corporations located in that county or those counties for the	8307
joint establishment of a municipal-county or multicounty-municipal	8308
correctional center. The center shall augment county and, where	8309
applicable, municipal jail programs and facilities by providing	8310
custody and rehabilitative programs for those persons under the	8311
charge of the sheriff of any of the contracting counties or of the	8312
officer or officers of the contracting municipal corporation or	8313
municipal corporations having charge of persons incarcerated in	8314
the municipal jail, workhouse, or other correctional facility who,	8315
in the opinion of the sentencing court, need programs of custody	8316
and rehabilitation not available at the county or municipal jail	8317
and by providing custody and rehabilitative programs in accordance	8318
with division (C) of this section, if applicable. The contract may	8319
include, but need not be limited to, provisions regarding the	8320
acquisition, construction, maintenance, repair, termination of	8321
operations, and administration of the center. The contract shall	8322
prescribe the manner of funding of, and debt assumption for, the	8323
center and the standards and procedures to be followed in the	8324
operation of the center. Except as provided in division (H) of	8325
this section, the contracting counties and municipal corporations	8326
shall form a corrections commission to oversee the administration	8327
of the center. Members of the commission shall consist of the	8328
sheriff of each participating county, the president of the board	8329
of county commissioners of each participating county, the	8330
presiding judge of the court of common pleas of each participating	8331
county, or, if the court of common pleas of a participating county	8332
has only one judge, then that judge, the chief of police of each	8333
participating municipal corporation, the mayor or city manager of	8334
each participating municipal corporation, and the presiding judge	8335
or the sole judge of the municipal court of each participating	8336
municipal corporation. Any of the foregoing officers may appoint a	8337
designee to serve in the officer's place on the corrections	8338
commission. The standards and procedures shall be formulated and	8339
agreed to by the commission and may be amended at any time during	8340
the life of the contract by agreement of the parties to the	8341
contract upon the advice of the commission. The standards and	8342
procedures formulated by the commission shall include, but need	8343
not be limited to, designation of the person in charge of the	8344
center, the categories of employees to be employed at the center,	8345
the appointing authority of the center, and the standards of	8346
treatment and security to be maintained at the center. The person	8347
in charge of, and all persons employed to work at, the center	8348
shall have all the powers of police officers that are necessary	8349
for the proper performance of the duties relating to their	8350
positions at the center.	8351

(B) Each board of county commissioners that enters a contract	8352
under division (A) of this section may appoint a building	8353
commission pursuant to section 153.21 of the Revised Code. If any	8354
commissions are appointed, they shall function jointly in the	8355
construction of a multicounty or multicounty-municipal	8356
correctional center with all the powers and duties authorized by	8357
law.	8358

(C) Prior to the acceptance for custody and rehabilitation	8359
into a center established under this section of any persons who	8360
are designated by the department of rehabilitation and correction,	8361
who plead guilty to or are convicted of a felony of the fourth or	8362
fifth degree, and who satisfy the other requirements listed in	8363
section 5120.161 of the Revised Code, the corrections commission	8364
of a center established under this section shall enter into an	8365
agreement with the department of rehabilitation and correction	8366
under section 5120.161 of the Revised Code for the custody and	8367
rehabilitation in the center of persons who are designated by the	8368
department, who plead guilty to or are convicted of a felony of	8369
the fourth or fifth degree, and who satisfy the other requirements	8370
listed in that section, in exchange for a per diem fee per person.	8371
Persons incarcerated in the center pursuant to an agreement	8372
entered into under this division shall be subject to supervision	8373
and control in the manner described in section 5120.161 of the	8374
Revised Code. This division does not affect the authority of a	8375
court to directly sentence a person who is convicted of or pleads	8376
guilty to a felony to the center in accordance with section	8377
2929.16 of the Revised Code.	8378

(D) Pursuant to section 2929.37 of the Revised Code, each	8379
board of county commissioners and the legislative authority of	8380
each municipal corporation that enters into a contract under	8381
division (A) of this section may require a person who was	8382
convicted of an offense, who is under the charge of the sheriff of	8383
their county or of the officer or officers of the contracting	8384
municipal corporation or municipal corporations having charge of	8385
persons incarcerated in the municipal jail, workhouse, or other	8386
correctional facility, and who is confined in the multicounty,	8387
municipal-county, or multicounty-municipal correctional center as	8388
provided in that division, to reimburse the applicable county or	8389
municipal corporation for its expenses incurred by reason of the	8390
person's confinement in the center.	8391

(E) Notwithstanding any contrary provision in this section or	8392
section 2929.18, 2929.21, 2929.36, or 2929.37 of the Revised Code,	8393
the corrections commission of a center may establish a policy that	8394
complies with section 2929.38 of the Revised Code and that	8395
requires any person who is not indigent and who is confined in the	8396
multicounty, municipal-county, or multicounty-municipal	8397
correctional center to pay a reception fee, a fee for medical	8398
treatment or service requested by and provided to that person, or	8399
the fee for a random drug test assessed under division (E) of	8400
section 341.26 of the Revised Code.	8401

(F)(1) The corrections commission of a center established	8402
under this section may establish a commissary for the center. The	8403
commissary may be established either in-house or by another	8404
arrangement. If a commissary is established, all persons	8405
incarcerated in the center shall receive commissary privileges. A	8406
person's purchases from the commissary shall be deducted from the	8407
person's account record in the center's business office. The	8408
commissary shall provide for the distribution to indigent persons	8409
incarcerated in the center of necessary hygiene articles and	8410
writing materials.	8411

(2) If a commissary is established, the corrections	8412
commission of a center established under this section shall	8413
establish a commissary fund for the center. The management of	8414
funds in the commissary fund shall be strictly controlled in	8415
accordance with procedures adopted by the auditor of state.	8416
Commissary fund revenue over and above operating costs and reserve	8417
shall be considered profits. All profits from the commissary fund	8418
shall be used to purchase supplies and equipment for the benefit	8419
of persons incarcerated in the center and to pay salary and	8420
benefits for employees of the center, or for any other persons,	8421
who work in or are employed for the sole purpose of providing	8422
service to the commissary. The corrections commission shall adopt	8423
rules and regulations for the operation of any commissary fund it	8424
establishes.	8425

(G) In lieu of forming a corrections commission to administer	8426
a multicounty correctional center or a municipal-county or	8427
multicounty-municipal correctional center, the boards of county	8428
commissioners and the legislative authorities of the municipal	8429
corporations contracting to establish the center may also agree to	8430
contract for the private operation and management of the center as	8431
provided in section 9.06 of the Revised Code, but only if the	8432
center houses only misdemeanant inmates. In order to enter into a	8433
contract under section 9.06 of the Revised Code, all the boards	8434
and legislative authorities establishing the center shall approve	8435
and be parties to the contract.	8436

(H) If a person who is convicted of or pleads guilty to an	8437
offense is sentenced to a term in a multicounty correctional	8438
center or a municipal-county or multicounty-municipal correctional	8439
center or is incarcerated in the center in the manner described in	8440
division (C) of this section, or if a person who is arrested for	8441
an offense, and who has been denied bail or has had bail set and	8442
has not been released on bail is confined in a multicounty	8443
correctional center or a municipal-county or multicounty-municipal	8444
correctional center pending trial, at the time of reception and at	8445
other times the officer, officers, or other person in charge of	8446
the operation of the center determines to be appropriate, the	8447
officer, officers, or other person in charge of the operation of	8448
the center may cause the convicted or accused offender to be	8449
examined and tested for tuberculosis, HIV infection, hepatitis,	8450
including but not limited to hepatitis A, B, and C, and other	8451
contagious diseases. The officer, officers, or other person in	8452
charge of the operation of the center may cause a convicted or	8453
accused offender in the center who refuses to be tested or treated	8454
for tuberculosis, HIV infection, hepatitis, including but not	8455
limited to hepatitis A, B, and C, or another contagious disease to	8456
be tested and treated involuntarily.	8457

(I) As used in this section, "multicounty-municipal" means	8458
more than one county and a municipal corporation, or more than one	8459
municipal corporation and a county, or more than one municipal	8460
corporation and more than one county.	8461

Sec. 307.98. Each boardBoards of county commissioners shall	8462
may enter into aone or more written partnership agreementfiscal	8463
agreements with the director of job and family services in	8464
accordance with section 5101.21 of the Revised Code. Prior to	8465
entering into or substantially amending the agreement, the board	8466
shall conduct a public hearing and consult with the county family	8467
services planning committee established under section 329.06 of	8468
the Revised Code. Through the hearing and consultation, the board	8469
shall obtain comments and recommendations concerning what would be	8470
the county's obligations and responsibilities under the agreement	8471
or amendment. As evidence that the board consulted with the county	8472
family services planning committee, the committee's chair shall	8473
sign a letter confirming that the consultation occurred, which	8474
shall be attached to the partnership agreement and any substantial	8475
amendments to the agreement.If a board enters into a fiscal	8476
agreement, the board shall enter into the agreement on behalf of	8477
the county family services agencies, other than a county family	8478
services agency that is a county signer as defined in section	8479
5101.21 of the Revised Code.	8480

Sec. 307.981.  (A)(1) As used in the Revised Code:

8481

(a) "County family services agency" means all of the	8482
following:	8483

(i) A child support enforcement agency;

8484

(ii) A county department of job and family services;

8485

(iii) A public children services agency.

8486

(b) "Family services duty" means a duty state law requires or	8487
allows a county family services agency to assume, including	8488
financial and general administrative duties. "Family services	8489
duty" does not include a duty funded by the United States	8490
department of labor.	8491

(2) As used in sections 307.981 to 307.989 of the Revised	8492
Code, "private entity" means an entity other than a government	8493
entity.	8494

(B) To the extent permitted by federal law, including, when	8495
applicable, subpart F of 5 C.F.R. part 900, and subject to any	8496
limitations established by the Revised Code, including division	8497
(H) of this section, a board of county commissioners may designate	8498
any private or government entity within this state to serve as any	8499
of the following:	8500

(1) A child support enforcement agency;

8501

(2) A county department of job and family services;

8502

(3) A public children services agency;

8503

(4) A county department of job and family services and one	8504
other of those county family services agencies;	8505

(5) All three of those county family services agencies;

8506

(6) A workforce development agency;

8507

(7) A workforce development agency and a county department of	8508
job and family services;	8509

(8) A workforce development agency and a county department of	8510
job and family services and one or two of the other county family	8511
services agencies.	8512

(C) ATo the extent permitted by federal law, including, when	8513
applicable, subpart F of 5 C.F.R. part 900, and subject to any	8514
limitations of the Revised Code, including division (H) of this	8515
section, a board of county commissioners may change the	8516
designation it makes under division (B) of this section by	8517
designating another private or government entity.	8518

(D) If the director of job and family services determines	8519
that a designation under division (B) or (C) of this section	8520
constitutes a substantial change from what isthe designation in	8521
the current partnershipa fiscal agreement between the director of	8522
job and family services and the board of county commissioners	8523
under section 5101.21 of the Revised Code, the director may	8524
require that the director and board amend the partnershipfiscal	8525
agreement and that the board provide the director written	8526
assurances that the newly designated private or government entity	8527
will meet or exceed all requirements of the family services duties	8528
or workforce development activities the entity is to assume.	8529

(E) Not less than sixty days before a board of county	8530
commissioners designates an entity under division (B) or (C) of	8531
this section, the board shall notify the director of job and	8532
family services and publish notice in a newspaper of general	8533
circulation in the county of the board's intention to make the	8534
designation and reasons for the designation.	8535

(F) A board of county commissioners shall enter into a	8536
written contract with each entity it designates under division (B)	8537
or (C) of this section specifying the entity's responsibilities	8538
and standards the entity is required to meet.	8539

(G) This section does not require a board of county	8540
commissioners to abolish the child support enforcement agency,	8541
county department of job and family services, or public children	8542
services agency serving the county on October 1, 1997, and	8543
designate a different private or government entity to serve as the	8544
county's child support enforcement agency, county department of	8545
job and family services, or public children services agency.	8546

(H) If a county children services board appointed under	8547
section 5153.03 of the Revised Code serves as a public children	8548
services agency for a county, the board of county commissioners	8549
may not redesignate the public children services agency unless the	8550
board of county commissioners does all of the following:	8551

(1) Notifies the county children services board of its intent	8552
to redesignate the public children services agency. In its	8553
notification, the board of county commissioners shall provide the	8554
county children services board a written explanation of the	8555
administrative, fiscal, or performance considerations causing the	8556
board of county commissioners to seek to redesignate the public	8557
children services agency.	8558

(2) Provides the county children services board an	8559
opportunity to comment on the proposed redesignation before the	8560
redesignation occurs;	8561

(3) If the county children services board, not more than	8562
sixty days after receiving the notice under division (H)(1) of	8563
this section, notifies the board of county commissioners that the	8564
county children services board has voted to oppose the	8565
redesignation, votes unanimously to proceed with the	8566
redesignation.	8567

Sec. 307.987.  To the extent federal statutes and regulations	8568
and state law permit, a partnership agreement entered into under	8569
section 307.98, a contract entered into under section 307.981 or	8570
307.982, a plan of cooperation entered into under section 307.983,	8571
a regional plan of cooperation entered into under section 307.984,	8572
a transportation work plan developed under section 307.985, and	8573
procedures established under section 307.986 of the Revised Code	8574
shall permit the exchange of information needed to improve	8575
services and assistance to individuals and families and the	8576
protection of children. A private or government entity that	8577
receives information pursuant to an agreement,a contract, plan,	8578
or procedures is bound by the same standards of confidentiality as	8579
the entity that provides the information.	8580

An agreement,A contract, plan, or procedures shall:

8581

(A) Be coordinated and not conflict with another agreement,	8582
contract, plan, or procedures or an agreement entered into under	8583
section 329.05 of the Revised Code;	8584

(B) Prohibit discrimination in hiring and promotion against	8585
applicants for and participants of the Ohio works first program	8586
established under Chapter 5107. of the Revised Code and the	8587
prevention, retention, and contingency program established under	8588
Chapter 5108. of the Revised Code;	8589

(C) Comply with federal statutes and regulations and state	8590
law;	8591

(D) Be adopted by resolution of a board of county	8592
commissioners;	8593

(E) Specify how the agreement, contract, plan, or procedures	8594
may be amended.	8595

Sec. 311.17.  For the services specified in this section, the	8596
sheriff shall charge the following fees, which the court or its	8597
clerk thereof shall tax in the bill of costs against the judgment	8598
debtor or those legally liable therefor for the judgment:	8599

(A) For the service and return of the following writs and	8600
orders:	8601

(1) Execution:

8602

(a) When money is paid without levy or when no property is	8603
found, fivetwenty dollars;	8604

(b) When levy is made on real property, for the first tract,	8605
twentytwenty-five dollars, and for each additional tract, five	8606
ten dollars;	8607

(c) When levy is made on goods and chattels, including	8608
inventory, twenty-fivefifty dollars;.	8609

(2) Writ of attachment of property, except for purpose of	8610
garnishment, twentyforty dollars;	8611

(3) Writ of attachment for the purpose of garnishment, five	8612
ten dollars;	8613

(4) Writ of replevin, twentyforty dollars;

8614

(5) Warrant to arrest, for each person named in the writ,	8615
fiveten dollars;	8616

(6) Attachment for contempt, for each person named in the	8617
writ, threesix dollars;	8618

(7) Writ of possession or restitution, twentysixty dollars;

8619

(8) Subpoena, for each person named in the writ, if in either	8620
a civil or criminal case three, six dollars, if in a criminal case	8621
one dollar;	8622

(9) Venire, for each person named in the writ, if in either a	8623
civil or criminal case three, six dollars, if in a criminal case	8624
one dollar;	8625

(10) Summoning each juror, other than on venire, if in either	8626
a civil or criminal case three, six dollars, if in a criminal case	8627
one dollar;	8628

(11) Writ of partition, fifteentwenty-five dollars;

8629

(12) Order of sale on partition, for the first tract,	8630
twenty-fivefifty dollars, and for each additional tract, five	8631
twenty-five dollars;	8632

(13) Other order of sale of real property, for the first	8633
tract, twentyfifty dollars, and for each additional tract, five	8634
twenty-five dollars;	8635

(14) Administering oath to appraisers, one dollar and fifty	8636
centsthree dollars each;	8637

(15) Furnishing copies for advertisements, fifty centsone	8638
dollar for each hundred words;	8639

(16) Copy of indictment, for each defendant, twofive	8640
dollars;	8641

(17) All summons, writs, orders, or notices, for the first	8642
name, threesix dollars, and for each additional name, fifty cents	8643
one dollar.	8644

(B) In addition to the fee for service and return, the	8645
sheriff may charge:	8646

(1) On each summons, writ, order, or notice, a fee of fifty	8647
centsone dollar per mile for the first mile, and twentyfifty	8648
cents per mile for each additional mile, going and returning,	8649
actual mileage to be charged on each additional name;	8650

(2) Taking bail bond, one dollarthree dollars;

8651

(3) Jail fees, as follows:

8652

(a) For receiving a prisoner, fourfive dollars each time a	8653
prisoner is received, and for discharging or surrendering a	8654
prisoner, fourfive dollars;each time a prisoner is discharged or	8655
surrendered. The departure or return of a prisoner from or to a	8656
jail in connection with a program established under section	8657
5147.28 of the Revised Code is not a receipt, discharge, or	8658
surrender of the prisoner for purposes of this division.	8659

(b) Taking a prisoner before a judge or court, per day, three	8660
five dollars;	8661

(c) Calling action, fifty centsone dollar;

8662

(d) Calling jury, one dollarthree dollars;

8663

(e) Calling each witness, one dollarthree dollars;

8664

(f) Bringing prisoner before court on habeas corpus, foursix	8665
dollars;.	8666

(4) Poundage on all moneys actually made and paid to the	8667
sheriff on execution, decree, or sale of real estate, one and	8668
one-half per cent;	8669

(5) Making and executing a deed of land sold on execution,	8670
decree, or order of the court, to be paid by the purchaser,	8671
twenty-fivefifty dollars.	8672

When any of the foregoing services described in division (A)	8673
or (B) of this section are rendered by an officer or employee,	8674
whose salary or per diem compensation is paid by the county, the	8675
applicable legal fees and any other extraordinary expenses,	8676
including overtime, provided for suchthe service in this section	8677
shall be taxed in the costs in the case, and, when such fees are	8678
collected they, shall be paid into the general fund of the county.	8679

The sheriff shall charge the same fees for the execution of	8680
process issued in any other state as hethe sheriff charges for	8681
the execution of process of a substantively similar nature that is	8682
issued in this state.	8683

Sec. 317.32.  The county recorder shall charge and collect	8684
the following fees, to include base fees for the recorder's	8685
services and housing trust fund fees, collected pursuant to	8686
section 317.36 of the Revised Code:	8687

(A) For recording and indexing an instrument when the	8688
photocopy or any similar process is employed, a base fee of	8689
fourteen dollars for the first two pages and a housing trust fund	8690
fee of fourteen dollars, and a base fee of four dollars and a	8691
housing trust fund fee of four dollars for each subsequent page,	8692
size eight and one-half inches by fourteen inches, or fraction of	8693
a page, including the caption page, of such instrument;	8694

(B) For certifying a photocopy from the record previously	8695
recorded, a base fee of one dollar and a housing trust fund fee of	8696
one dollar per page, size eight and one-half inches by fourteen	8697
inches, or fraction of a page; for each certification where the	8698
recorder's seal is required, except as to instruments issued by	8699
the armed forces of the United States, a base fee of fifty cents	8700
and a housing trust fund fee of fifty cents;	8701

(C) For manual or typewritten recording of assignment or	8702
satisfaction of mortgage or lease or any other marginal entry, a	8703
base fee of four dollars and a housing trust fund fee of four	8704
dollars;	8705

(D) For entering any marginal reference by separate recorded	8706
instrument, a base fee of two dollars and a housing trust fund fee	8707
of two dollars for each marginal reference set out in that	8708
instrument, in addition to the recording feefees set forth in	8709
division (A) of this section;	8710

(E) For indexing in the real estate mortgage records,	8711
pursuant to section 1309.519 of the Revised Code, financing	8712
statements covering crops growing or to be grown, timber to be	8713
cut, minerals or the like, including oil and gas, accounts subject	8714
to section 1309.301 of the Revised Code, or fixture filings made	8715
pursuant to section 1309.334 of the Revised Code, a base fee of	8716
two dollars and a housing trust fund fee of two dollars for each	8717
name indexed;	8718

(F) For recording manually any plat not exceeding six lines,	8719
a base fee of two dollars and a housing trust fund fee of two	8720
dollars, and for each additional line, a base fee of ten cents and	8721
a housing trust fund fee of ten cents;	8722

(G) For filing zoning resolutions, including text and maps,	8723
in the office of the recorder as required under sections 303.11	8724
and 519.11 of the Revised Code, a base fee of fifty dollars and a	8725
housing trust fund fee of fifty dollars, regardless of the size or	8726
length of the resolutions;	8727

(H) For filing zoning amendments, including text and maps, in	8728
the office of the recorder as required under sections 303.12 and	8729
519.12 of the Revised Code, a base fee of ten dollars and a	8730
housing trust fund fee of ten dollars for the first page and a	8731
base fee of four dollars and a housing trust fund fee of four	8732
dollars for each additional page;	8733

(I) For photocopying a document, other than at the time of	8734
recording and indexing as provided for in division (A) of this	8735
section, a base fee of one dollar and a housing trust fund fee of	8736
one dollar per page, size eight and one-half inches by fourteen	8737
inches, or fraction thereof;	8738

(J) For local facsimile transmission of a document, a base	8739
fee of one dollar and a housing trust fund fee of one dollar per	8740
page, size eight and one-half inches by fourteen inches, or	8741
fraction thereof; for long distance facsimile transmission of a	8742
document, a base fee of two dollars and a housing trust fund fee	8743
of two dollars per page, size eight and one-half inches by	8744
fourteen inches, or fraction thereof;	8745

(K) For recording a declaration executed pursuant to section	8746
2133.02 of the Revised Code or a durable power of attorney for	8747
health care executed pursuant to section 1337.12 of the Revised	8748
Code, or both a declaration and a durable power of attorney for	8749
health care, a base fee of at least fourteen dollars but not more	8750
than twenty dollars and a housing trust fund fee of at least	8751
fourteen dollars but not more than twenty dollars.	8752

In any county in which the recorder employs the photostatic	8753
or any similar process for recording maps, plats, or prints the	8754
recorder shall determine, charge, and collect for the recording or	8755
rerecording of any map, plat, or print, a base fee of five cents	8756
and a housing trust fund fee of five cents per square inch, for	8757
each square inch of the map, plat, or print filed for that	8758
recording or rerecording, with a minimum base fee of twenty	8759
dollars and a minimum housing trust fund fee of twenty dollars;	8760
for certifying a copy from the record, a base fee of two cents and	8761
a housing trust fund fee of two cents per square inch of the	8762
record, with a minimum base fee of two dollars and a minimum	8763
housing trust fund fee of two dollars.	8764

The fees provided in this section shall be paid upon the	8765
presentation of the instruments for record or upon the application	8766
for any certified copy of the record, except that the payment of	8767
fees associated with the filing and recording of, or the copying	8768
of, notices of internal revenue tax liens and notices of other	8769
liens in favor of the United States as described in division (A)	8770
of section 317.09 of the Revised Code and certificates of	8771
discharge or release of those liens, shall be governed by section	8772
317.09 of the Revised Code, and the payment of fees for providing	8773
copies of instruments conveying or extinguishing agricultural	8774
easements to the office of farmland preservation in the department	8775
of agriculture under division (G)(H) of section 5301.691 of the	8776
Revised Code shall be governed by that division.	8777

Sec. 317.36. (A) The county recorder shall collect the low-	8778
and moderate-income housing trust fund fee as specified in	8779
sections 317.32, 1563.42, 1702.59, 2505.13, 4141.23, 4509.60,	8780
5111.021, 5310.15, 5719.07, 5727.56, 5733.18, 5733.22, 6101.09,	8781
and 6115.09 of the Revised Code. The amount of any housing trust	8782
fund fee the recorder is authorized to collect is equal to the	8783
amount of any base fee the recorder is authorized to collect for	8784
services. The housing trust fund fee shall be collected in	8785
addition to the base fee.	8786

(B) The recorder shall certify the amounts collected as	8787
housing trust fund fees pursuant to division (A) of this section	8788
into the county treasury as housing trust fund fees to be paid to	8789
the treasurer of state pursuant to section 319.63 of the Revised	8790
Code.	8791

Sec. 319.63. (A) During the first thirty days of each	8792
calendar quarter, the county auditor shall pay to the treasurer of	8793
state all amounts that the county recorder collected as housing	8794
trust fund fees pursuant to section 317.36 of the Revised Code	8795
during the previous calendar quarter. If payment is made to the	8796
treasurer of state within the first thirty days of the quarter,	8797
the county auditor may retain an administrative fee of one per	8798
cent of the amount of the trust fund fees collected during the	8799
previous calendar quarter.	8800

(B) The treasurer of state shall deposit the first fifty	8801
million dollars of housing trust fund fees received each year	8802
pursuant to this section into the low- and moderate-income housing	8803
trust fund, created under section 175.21 of the Revised Code, and	8804
shall deposit any amounts received each year in excess of fifty	8805
million dollars into the state general revenue fund.	8806

(C) The county auditor shall deposit the administrative fee	8807
that the auditor is permitted to retain pursuant to division (A)	8808
of this section into the county general fund for the county	8809
recorder to use in administering the trust fund fee.	8810

Sec. 321.24.  (A) On or before the fifteenth day of February,	8811
in each year, the county treasurer shall settle with the county	8812
auditor for all taxes and assessments that the treasurer has	8813
collected on the general duplicate of real and public utility	8814
property at the time of making the settlement.	8815

(B) On or before the thirtieth day of June, in each year, the	8816
treasurer shall settle with the auditor for all advance payments	8817
of general personal and classified property taxes that the	8818
treasurer has received at the time of making the settlement.	8819

(C) On or before the tenth day of August, in each year, the	8820
treasurer shall settle with the auditor for all taxes and	8821
assessments that the treasurer has collected on the general	8822
duplicates of real and public utility property at the time of	8823
making such settlement, not included in the preceding February	8824
settlement.	8825

(D) On or before the thirty-first day of October, in each	8826
year, the treasurer shall settle with the auditor for all taxes	8827
that the treasurer has collected on the general personal and	8828
classified property duplicates, and for all advance payments of	8829
general personal and classified property taxes, not included in	8830
the preceding June settlement, that the treasurer has received at	8831
the time of making such settlement.	8832

(E) In the event the time for the payment of taxes is	8833
extended, pursuant to section 323.17 of the Revised Code, the date	8834
on or before which settlement for the taxes so extended must be	8835
made, as herein prescribed, shall be deemed to be extended for a	8836
like period of time. At each such settlement, the auditor shall	8837
allow to the treasurer, on the moneys received or collected and	8838
accounted for by the treasurer, the treasurer's fees, at the rate	8839
or percentage allowed by law, at a full settlement of the	8840
treasurer.	8841

(F) Within thirty days after the day of each settlement of	8842
taxes required under divisions (A) and (C) of this section, the	8843
treasurer shall certify to the tax commissioner any adjustments	8844
which have been made to the amount certified previously pursuant	8845
to section 319.302 of the Revised Code and that the settlement has	8846
been completed. Upon receipt of such certification, the	8847
commissioner shall provide for payment to the county treasurer	8848
from the general revenue fund of an amount equal to one-half of	8849
the amount certified by the treasurer in the preceding tax year	8850
under section 319.302 of the Revised Code, less one-half of the	8851
amount computed for all taxing districts in that county for the	8852
current fiscal year under section 5703.80 of the Revised Code for	8853
crediting to the property tax administration fund. Such payment	8854
shall be credited upon receipt to the county's undivided income	8855
tax fund, and the county auditor shall transfer to the county	8856
general fund from the amount thereof the total amount of all fees	8857
and charges which the auditor and treasurer would have been	8858
authorized to receive had such section not been in effect and that	8859
amount had been levied and collected as taxes. The county auditor	8860
shall distribute the amount remaining among the various taxing	8861
districts in the county as if it had been levied, collected, and	8862
settled as real property taxes. The amount distributed to each	8863
taxing district shall be reduced by the total of the amounts	8864
computed for the district under divisions (A), (B), and (C) of	8865
section 5703.80 of the Revised Code, but the reduction shall not	8866
exceed the amount that otherwise would be distributed to the	8867
taxing district under this division. The tax commissioner shall	8868
make available to taxing districts such information as is	8869
sufficient for a taxing district to be able to determine the	8870
amount of the reduction in its distribution under this section.	8871

(G)(1) Within thirty days after the day of the settlement	8872
required in division (D) of this section, the county treasurer	8873
shall certify tonotify the tax commissioner that the settlement	8874
has been completed. Upon receipt of that certification	8875
notification, the commissioner shall provide for payment to the	8876
county treasurer from the general revenue fund of an amount equal	8877
to the amount certified under former section 319.311 of the	8878
Revised Code in the current yearand paid in the state's fiscal	8879
year 2003 multiplied by the percentage specified in division	8880
(G)(2) of this section. The payment shall be credited upon receipt	8881
to the county's undivided income tax fund, and the county auditor	8882
shall distribute the amount thereof among the various taxing	8883
districts of the county as if it had been levied, collected, and	8884
settled as personal property taxes. The amount received by a	8885
taxing district under this division shall be apportioned among its	8886
funds in the same proportion as the current year's personal	8887
property taxes are apportioned.	8888

(2) Payments required under division (G)(1) of this section	8889
shall be made at the following percentages of the amount certified	8890
under former section 319.311 of the Revised Code and paid under	8891
division (G)(1) of this section in the state's fiscal year 2003:	8892

(a) In fiscal year 2004, ninety per cent;

8893

(b) In fiscal year 2005, eighty per cent;

8894

(c) In fiscal year 2006, seventy per cent;

8895

(d) In fiscal year 2007, sixty per cent;

8896

(e) In fiscal year 2008, fifty per cent;

8897

(f) In fiscal year 2009, forty per cent;

8898

(g) In fiscal year 2010, thirty per cent;

8899

(h) In fiscal year 2011, twenty per cent;

8900

(i) In fiscal year 2012, ten per cent.

8901

After fiscal year 2012, no payments shall be made under	8902
division (G)(1) of this section.	8903

(H)(1) On or before the fifteenth day of April each year, the	8904
county treasurer shall settle with the county auditor for all	8905
manufactured home taxes that the county treasurer has collected on	8906
the manufactured home tax duplicate at the time of making the	8907
settlement.	8908

(2) On or before the fifteenth day of September each year,	8909
the county treasurer shall settle with the county auditor for all	8910
remaining manufactured home taxes that the county treasurer has	8911
collected on the manufactured home tax duplicate at the time of	8912
making the settlement.	8913

(3) If the time for payment of such taxes is extended under	8914
section 4503.06 of the Revised Code, the time for making the	8915
settlement as prescribed by divisions (H)(1) and (2) of this	8916
section is extended for a like period of time.	8917

Sec. 323.01.  Except as otherwise provided, as used in	8918
Chapter 323. of the Revised Code:	8919

(A) "Subdivision" means any county, township, school	8920
district, or municipal corporation.	8921

(B) "Municipal corporation" includes charter municipalities.

8922

(C) "Taxes" means the total amount of all charges against an	8923
entry appearing on a tax list and the duplicate thereof that was	8924
prepared and certified in accordance with section 319.28 of the	8925
Revised Code, including taxes levied against real estate; taxes on	8926
property whose value is certified pursuant to section 5727.23 of	8927
the Revised Code; recoupment charges applied pursuant to section	8928
5713.35 of the Revised Code; all assessments; penalties and	8929
interest charged pursuant to section 323.121 of the Revised Code;	8930
charges added pursuant to section 319.35 of the Revised Code; and	8931
all of such charges which remain unpaid from any previous tax	8932
year.	8933

(D) "Current taxes" means all taxes charged against an entry	8934
on the general tax list and duplicate of real and public utility	8935
property that have not appeared on such list and duplicate for any	8936
prior tax year and any penalty thereon charged by division (A) of	8937
section 323.121 of the Revised Code. Current taxes, whether or not	8938
they have been certified delinquent, become delinquent taxes if	8939
they remain unpaid after the last day prescribed for payment of	8940
the second installment of current taxes without penalty.	8941

(E) "Delinquent taxes" means:

8942

(1) Any taxes charged against an entry on the general tax	8943
list and duplicate of real and public utility property that were	8944
charged against an entry on such list and duplicate for a prior	8945
tax year and any penalties and interest charged against such	8946
taxes.	8947

(2) Any current taxes charged on the general tax list and	8948
duplicate of real and public utility property that remain unpaid	8949
after the last day prescribed for payment of the second	8950
installment of such taxes without penalty, whether or not they	8951
have been certified delinquent, and any penalties and interest	8952
charged against such taxes.	8953

(F) "Current tax year" means, with respect to particular	8954
taxes, the calendar year in which the first installment of taxes	8955
is due prior to any extension granted under section 323.17 of the	8956
Revised Code.	8957

(G) "Liquidated claim" means:

8958

(1) Any sum of money due and payable, upon a written	8959
contractual obligation executed between the subdivision and the	8960
taxpayer, but excluding any amount due on general and special	8961
assessment bonds and notes;	8962

(2) Any sum of money due and payable, for disability	8963
financial assistance or disability medical assistance provided	8964
under Chapter 5115. of the Revised Code that is furnished to or in	8965
behalf of a subdivision, provided that such claim is recognized by	8966
a resolution or ordinance of the legislative body of such	8967
subdivision;	8968

(3) Any sum of money advanced and paid to or received and	8969
used by a subdivision, pursuant to a resolution or ordinance of	8970
such subdivision or its predecessor in interest, and the moral	8971
obligation to repay which sum, when in funds, shall be recognized	8972
by resolution or ordinance by the subdivision.	8973

Sec. 323.13.  Except as provided in section 323.134 of the	8974
Revised Code, immediately upon receipt of any tax duplicate from	8975
the county auditor, but not less than twenty days prior to the	8976
last date on which the first one-half taxes may be paid without	8977
penalty as prescribed in section 323.12 or 323.17 of the Revised	8978
Code, the county treasurer shall cause to be prepared and mailed	8979
or delivered to each person charged on such duplicate with taxes	8980
or to an agent designated by such person, the tax bill prescribed	8981
by the commissioner of tax equalization under section 323.131 of	8982
the Revised Code. When taxes are paid by installments, the county	8983
treasurer shall mail or deliver to each person charged on such	8984
duplicate or the agent designated by such person, a second tax	8985
bill showing the amount due at the time of the second tax	8986
collection. The second half tax bill shall be mailed or delivered	8987
at least twenty days prior to the close of the second half tax	8988
collection period.	8989

After delivery of the delinquent land duplicate as prescribed	8990
in section 5721.011 of the Revised Code, the county treasurer may	8991
prepare and mail to each person in whose name property therein is	8992
listed an additional tax bill showing the total amount of	8993
delinquent taxes appearing on such duplicate against such	8994
property. The tax bill shall include a notice that the interest	8995
charge prescribed by division (B) of section 323.121 of the	8996
Revised Code has begun to accrue.	8997

A change in the mailing address of any tax bill shall be made	8998
in writing to the county treasurer.	8999

Upon certification by the county auditor of the apportionment	9000
of taxes following the transfer of a part of a tract or lot of	9001
real estate, and upon request by the owner of any transferred or	9002
remaining part of such tract or parcel, the treasurer shall cause	9003
to be prepared and mailed or delivered to such owner a tax bill	9004
for the taxes allocated to histhe owner's part, together with the	9005
penalties, interest, and other charges.	9006

Failure to receive any bill required by this section does not	9007
excuse failure or delay to pay any taxes shown on such bill or,	9008
except as provided in division (A)(B)(1) of section 5715.39 of the	9009
Revised Code, avoid any penalty, interest, or charge for such	9010
delay.	9011

Sec. 325.31.  (A) On the first business day of each month,	9012
and at the end of the officer's term of office, each officer named	9013
in section 325.27 of the Revised Code shall pay into the county	9014
treasury, to the credit of the general county fund, on the warrant	9015
of the county auditor, all fees, costs, penalties, percentages,	9016
allowances, and perquisites collected by the officer's office	9017
during the preceding month or part thereof for official services,	9018
except the fees allowed the county auditor by division (B) of	9019
section 319.54 of the Revised Code, which shall be paid into the	9020
county treasury to the credit of the real estate assessment fund	9021
hereby created.	9022

(B) Moneys to the credit of the real estate assessment fund	9023
may be expended, upon appropriation by the board of county	9024
commissioners, for the purpose of defraying theone or more of the	9025
following:	9026

(1) The cost incurred by the county auditor in assessing real	9027
estate pursuant to Chapter 5713. of the Revised Code and	9028
manufactured and mobile homes pursuant to Chapter 4503. of the	9029
Revised Code, and, at;	9030

(2) At the county auditor's discretion, costs and expenses	9031
incurred by the county auditor in preparing the list of real and	9032
public utility property, in administering laws related to the	9033
taxation of real property and the levying of special assessments	9034
on real property, including administering reductions under	9035
Chapters 319. and 323. and section 4503.065 of the Revised Code,	9036
and to support assessments of real property in any administrative	9037
or judicial proceeding;	9038

(3) At the county auditor's discretion, the expenses incurred	9039
by the county board of revision under Chapter 5715. of the Revised	9040
Code. Any;	9041

(4) At the county auditor's discretion, the expenses incurred	9042
by the county auditor for geographic information systems, mapping	9043
programs, and technological advances in those or similar systems	9044
or programs;	9045

(5) At the county auditor's discretion, expenses incurred by	9046
the county auditor in compiling the general tax list of tangible	9047
personal property and administering tangible personal property	9048
taxes under Chapters 5711. and 5719. of the Revised Code;	9049

(6) At the county auditor's discretion, costs, expenses, and	9050
fees incurred by the county auditor in the administration of	9051
estate taxes under Chapter 5731. of the Revised Code.	9052

Any expenditures made from the real estate assessment fund	9053
shall comply with rules that the tax commissioner adopts under	9054
division (O) of section 5703.05 of the Revised Code. Those rules	9055
shall include a requirement that a copy of any appraisal plans,	9056
progress of work reports, contracts, or other documents required	9057
to be filed with the tax commissioner shall be filed also with the	9058
board of county commissioners.	9059

The board of county commissioners shall not transfer moneys	9060
required to be deposited in the real estate assessment fund to any	9061
other fund. Following an assessment of real property pursuant to	9062
Chapter 5713. of the Revised Code, or an assessment of a	9063
manufactured or mobile home pursuant to Chapter 4503. of the	9064
Revised Code, any moneys not expended for the purpose of defraying	9065
the cost incurred in assessing real estate or manufactured or	9066
mobile homes or for the purpose of defraying the expenses of the	9067
county board of revisiondescribed in divisions (B)(2), (3), (4),	9068
(5), and (6) of this section, and thereby remaining to the credit	9069
of the real estate assessment fund, shall be apportioned ratably	9070
and distributed to those taxing authorities that contributed to	9071
the fund. However, no such distribution shall be made if the	9072
amount of such unexpended moneys remaining to the credit of the	9073
real estate assessment fund does not exceed five thousand dollars.	9074

(C) None of the officers named in section 325.27 of the	9075
Revised Code shall collect any fees from the county. Each of such	9076
officers shall, at the end of each calendar year, make and file a	9077
sworn statement with the board of county commissioners of all such	9078
fees, costs, penalties, percentages, allowances, and perquisites	9079
which have been due in the officer's office and unpaid for more	9080
than one year prior to the date such statement is required to be	9081
made.	9082

Sec. 329.03.  (A) As used in this section:

9083

(1) "Applicant" or "recipient" means an applicant for or	9084
participant in the Ohio works first program established under	9085
Chapter 5107. of the Revised Code or an applicant for or recipient	9086
of disability financial assistance under Chapter 5115. of the	9087
Revised Code.	9088

(2) "Voluntary direct deposit" means a system established	9089
pursuant to this section under which cash assistance payments to	9090
recipients who agree to direct deposit are made by direct deposit	9091
by electronic transfer to an account in a financial institution	9092
designated under this section.	9093

(3) "Mandatory direct deposit" means a system established	9094
pursuant to this section under which cash assistance payments to	9095
all participants in the Ohio works first program or recipients of	9096
disability financial assistance, other than those exempt under	9097
division (E) of this section, are made by direct deposit by	9098
electronic transfer to an account in a financial institution	9099
designated under this section.	9100

(B) A board of county commissioners may by adoption of a	9101
resolution require the county department of job and family	9102
services to establish a direct deposit system for distributing	9103
cash assistance payments under Ohio works first, disability	9104
financial assistance, or both, unless the director of job and	9105
family services has provided for those payments to be made by	9106
electronic benefit transfer pursuant to section 5101.33 of the	9107
Revised Code. Voluntary or mandatory direct deposit may be applied	9108
to either of the programs. The resolution shall specify for each	9109
program for which direct deposit is to be established whether	9110
direct deposit is voluntary or mandatory. The board may require	9111
the department to change or terminate direct deposit by adopting a	9112
resolution to change or terminate it. Within ninety days after	9113
adopting a resolution under this division, the board shall certify	9114
one copy of the resolution to the director of job and family	9115
services and one copy to the office of budget and management. The	9116
director of job and family services may adopt rules governing	9117
establishment of direct deposit by county departments of job and	9118
family services.	9119

The county department of job and family services shall	9120
determine what type of account will be used for direct deposit and	9121
negotiate with financial institutions to determine the charges, if	9122
any, to be imposed by a financial institution for establishing and	9123
maintaining such accounts. Under voluntary direct deposit, the	9124
county department of job and family services may pay all charges	9125
imposed by a financial institution for establishing and	9126
maintaining an account in which direct deposits are made for a	9127
recipient. Under mandatory direct deposit, the county department	9128
of job and family services shall pay all charges imposed by a	9129
financial institution for establishing and maintaining such an	9130
account. No financial institution shall impose any charge for such	9131
an account that the institution does not impose on its other	9132
customers for the same type of account. Direct deposit does not	9133
affect the exemption of Ohio works first and disability financial	9134
assistance from attachment, garnishment, or other like process	9135
afforded by sections 5107.75 and 5115.075115.06 of the Revised	9136
Code.	9137

(C) The county department of job and family services shall,	9138
within sixty days after a resolution requiring the establishment	9139
of direct deposit is adopted, establish procedures governing	9140
direct deposit.	9141

Within one hundred eighty days after the resolution is	9142
adopted, the county department shall:	9143

(1) Inform each applicant or recipient of the procedures	9144
governing direct deposit, including in the case of voluntary	9145
direct deposit those that prescribe the conditions under which a	9146
recipient may change from one method of payment to another;	9147

(2) Obtain from each applicant or recipient an authorization	9148
form to designate a financial institution equipped for and	9149
authorized by law to accept direct deposits by electronic transfer	9150
and the account into which the applicant or recipient wishes the	9151
payments to be made, or in the case of voluntary direct deposit	9152
states the applicant's or recipient's election to receive such	9153
payments in the form of a paper warrant.	9154

The department may require a recipient to complete a new	9155
authorization form whenever the department considers it necessary.	9156

A recipient's designation of a financial institution and	9157
account shall remain in effect until withdrawn in writing or	9158
dishonored by the financial institution, except that no change may	9159
be made in the authorization form until the next eligibility	9160
redetermination of the recipient unless the department feels that	9161
good grounds exist for an earlier change.	9162

(D) An applicant or recipient without an account who either	9163
agrees or is required to receive payments by direct deposit shall	9164
have ten days after receiving the authorization form to designate	9165
an account suitable for direct deposit. If within the required	9166
time the applicant or recipient does not make the designation or	9167
requests that the department make the designation, the department	9168
shall designate a financial institution and help the recipient to	9169
open an account.	9170

(E) At the time of giving an applicant or recipient the	9171
authorization form, the county department of job and family	9172
services of a county with mandatory direct deposit shall inform	9173
each applicant or recipient of the basis for exemption and the	9174
right to request exemption from direct deposit.	9175

Under mandatory direct deposit, an applicant or recipient who	9176
wishes to receive payments in the form of a paper warrant shall	9177
record on the authorization form a request for exemption under	9178
this division and the basis for the exemption.	9179

The department shall exempt from mandatory direct deposit any	9180
recipient who requests exemption and is any of the following:	9181

(1) Over age sixty-five;

9182

(2) Blind or disabled;

9183

(3) Likely, in the judgment of the department, to be caused	9184
personal hardship by direct deposit.	9185

A recipient granted an exemption under this division shall	9186
receive payments for which the recipient is eligible in the form	9187
of paper warrants.	9188

(F) The county department of job and family services shall	9189
bear the full cost of the amount of any replacement warrant issued	9190
to a recipient for whom an authorization form as provided in this	9191
section has not been obtained within one hundred eighty days after	9192
the later of the date the board of county commissioners adopts a	9193
resolution requiring payments of financial assistance by direct	9194
deposit to accounts of recipients of Ohio works first or	9195
disability financial assistance or the date the recipient made	9196
application for assistance, and shall not be reimbursed by the	9197
state for any part of the cost. Thereafter, the county department	9198
of job and family services shall continue to bear the full cost of	9199
each replacement warrant issued until the board of county	9200
commissioners requires the county department of job and family	9201
services to obtain from each such recipient the authorization	9202
forms as provided in this section.	9203

Sec. 329.04.  (A) The county department of job and family	9204
services shall have, exercise, and perform the following powers	9205
and duties:	9206

(1) Perform any duties assigned by the state department of	9207
job and family services regarding the provision of public family	9208
services, including the provision of the following services to	9209
prevent or reduce economic or personal dependency and to	9210
strengthen family life:	9211

(a) Services authorized by a Title IV-A program, as defined	9212
in section 5101.80 of the Revised Code;	9213

(b) Social services authorized by Title XX of the "Social	9214
Security Act" and provided for by section 5101.46 of the Revised	9215
Code;	9216

(c) If the county department is designated as the child	9217
support enforcement agency, services authorized by Title IV-D of	9218
the "Social Security Act" and provided for by Chapter 3125. of the	9219
Revised Code. The county department may perform the services	9220
itself or contract with other government entities, and, pursuant	9221
to division (C) of section 2301.35 and section 2301.42 of the	9222
Revised Code, private entities, to perform the Title IV-D	9223
services.	9224

(2) Administer disability financial assistance under Chapter	9225
5115. of the Revised Code, as required by the state department of	9226
job and family services under section 5115.03 of the Revised Code;	9227

(3) Administer disability medical assistance, as required by	9228
the state department of job and family services under section	9229
5115.13 of the Revised Code;	9230

(3)(4) Administer burials insofar as the administration of	9231
burials was, prior to September 12, 1947, imposed upon the board	9232
of county commissioners and if otherwise required by state law;	9233

(4)(5) Cooperate with state and federal authorities in any	9234
matter relating to family services and to act as the agent of such	9235
authorities;	9236

(5)(6) Submit an annual account of its work and expenses to	9237
the board of county commissioners and to the state department of	9238
job and family services at the close of each fiscal year;	9239

(6)(7) Exercise any powers and duties relating to family	9240
services duties or workforce development activities imposed upon	9241
the county department of job and family services by law, by	9242
resolution of the board of county commissioners, or by order of	9243
the governor, when authorized by law, to meet emergencies during	9244
war or peace;	9245

(7)(8) Determine the eligibility for medical assistance of	9246
recipients of aid under Title XVI of the "Social Security Act";	9247

(8)(9) If assigned by the state director of job and family	9248
services under section 5101.515 of the Revised Code, determine	9249
applicants' eligibility for health assistance under the children's	9250
health insurance program part II;	9251

(9)(10) Enter into a plan of cooperation with the board of	9252
county commissioners under section 307.983, consult with the board	9253
in the development of the transportation work plan developed under	9254
section 307.985, establish with the board procedures under section	9255
307.986 for providing services to children whose families relocate	9256
frequently, and comply with the contracts the board enters into	9257
under sections 307.981 and 307.982 of the Revised Code that affect	9258
the county department;	9259

(10)(11) For the purpose of complying with a partnership	9260
fiscal agreement the board of county commissioners enters into	9261
under section 307.98 of the Revised Code, exercise the powers and	9262
perform the duties the partnershipfiscal agreement assigns to the	9263
county department;	9264

(11)(12) If the county department is designated as the	9265
workforce development agency, provide the workforce development	9266
activities specified in the contract required by section 330.05 of	9267
the Revised Code.	9268

(B) The powers and duties of a county department of job and	9269
family services are, and shall be exercised and performed, under	9270
the control and direction of the board of county commissioners.	9271
The board may assign to the county department any power or duty of	9272
the board regarding family services duties and workforce	9273
development activities. If the new power or duty necessitates the	9274
state department of job and family services changing its federal	9275
cost allocation plan, the county department may not implement the	9276
power or duty unless the United States department of health and	9277
human services approves the changes.	9278

Sec. 329.05.  The county department of job and family	9279
services may administer or assist in administering any state or	9280
local family services activityduty in addition to those mentioned	9281
in section 329.04 of the Revised Code, supported wholly or in part	9282
by public funds from any source provided by agreement between the	9283
board of county commissioners and the officer, department, board,	9284
or agency in which the administration of such activity is vested.	9285
Such officer, department, board, or agency may enter into such	9286
agreement and confer upon the county department of job and family	9287
services, to the extent and in particulars specified in the	9288
agreement, the performance of any duties and the exercise of any	9289
powers imposed upon or vested in such officer, board, department,	9290
or agency, with respect to the administration of such activity.	9291
Such agreement shall be in the form of a resolution of the board	9292
of county commissioners, accepted in writing by the other party to	9293
the agreement, and filed in the office of the county auditor, and	9294
when so filed, shall have the effect of transferring the exercise	9295
of the powers and duties to which the agreement relates and shall	9296
exempt the other party from all further responsibility for the	9297
exercise of the powers and duties so transferred, during the life	9298
of the agreement.	9299

Such agreement shall be coordinated and not conflict with a	9300
partnershipfiscal agreement entered into under section 307.98, a	9301
contract entered into under section 307.981 or 307.982, a plan of	9302
cooperation entered into under section 307.983, a regional plan of	9303
cooperation entered into under section 307.984, a transportation	9304
work plan developed under section 307.985, or procedures for	9305
providing services to children whose families relocate frequently	9306
established under section 307.986 of the Revised Code. It may be	9307
revoked at the option of either party, by a resolution or order of	9308
the revoking party filed in the office of the auditor. Such	9309
revocation shall become effective at the end of the fiscal year	9310
occurring at least six months following the filing of the	9311
resolution or order. In the absence of such an express revocation	9312
so filed, the agreement shall continue indefinitely.	9313

This section does not permit a county department of job and	9314
family services to manage or control hospitals, humane societies,	9315
detention facilities, jails or probation departments of courts, or	9316
veterans service commissions.	9317

Sec. 329.051.  The county department of job and family	9318
services shall make voter registration applications as prescribed	9319
by the secretary of state under section 3503.10 of the Revised	9320
Code available to persons who are applying for, receiving	9321
assistance from, or participating in any of the following:	9322

(A) The disability financial assistance program established	9323
under Chapter 5115. of the Revised Code;	9324

(B) The disability medical assistance program established	9325
under Chapter 5115. of the Revised Code;	9326

(C) The medical assistance program established under Chapter	9327
5111. of the Revised Code;	9328

(C)(D) The Ohio works first program established under Chapter	9329
5107. of the Revised Code;	9330

(D)(E) The prevention, retention, and contingency program	9331
established under Chapter 5108. of the Revised Code.	9332

Sec. 329.06.  (A) Except as provided in division (C) of this	9333
section and section 6301.08 of the Revised Code, the board of	9334
county commissioners shall establish a county family services	9335
planning committee. The board shall appoint a member to represent	9336
the county department of job and family services; an employee in	9337
the classified civil service of the county department of job and	9338
family services, if there are any such employees; and a member to	9339
represent the public. The board shall appoint other individuals to	9340
the committee in such a manner that the committee's membership is	9341
broadly representative of the groups of individuals and the public	9342
and private entities that have an interest in the family services	9343
provided in the county. The board shall make appointments in a	9344
manner that reflects the ethnic and racial composition of the	9345
county. The following groups and entities may be represented on	9346
the committee:	9347

(1) Consumers of family services;

9348

(2) The public children services agency;

9349

(3) The child support enforcement agency;

9350

(4) The county family and children first council;

9351

(5) Public and private colleges and universities;

9352

(6) Public entities that provide family services, including	9353
boards of health, boards of education, the county board of mental	9354
retardation and developmental disabilities, and the board of	9355
alcohol, drug addiction, and mental health services that serves	9356
the county;	9357

(7) Private nonprofit and for-profit entities that provide	9358
family services in the county or that advocate for consumers of	9359
family services in the county, including entities that provide	9360
services to or advocate for victims of domestic violence;	9361

(8) Labor organizations;

9362

(9) Any other group or entity that has an interest in the	9363
family services provided in the county, including groups or	9364
entities that represent any of the county's business, urban, and	9365
rural sectors.	9366

(B) The county family services planning committee shall do	9367
all of the following:	9368

(1) Serve as an advisory body to the board of county	9369
commissioners with regard to the family services provided in the	9370
county, including assistance under Chapters 5107. and 5108. of the	9371
Revised Code, publicly funded child day-care under Chapter 5104.	9372
of the Revised Code, and social services provided under section	9373
5101.46 of the Revised Code;	9374

(2) At least once a year, review and analyze the county	9375
department of job and family services' implementation of the	9376
programs established under Chapters 5107. and 5108. of the Revised	9377
Code. In its review, the committee shall use information available	9378
to it to examine all of the following:	9379

(a) Return of assistance groups to participation in either	9380
program after ceasing to participate;	9381

(b) Teen pregnancy rates among the programs' participants;

9382

(c) The other types of assistance the programs' participants	9383
receive, including medical assistance under Chapter 5111. of the	9384
Revised Code, publicly funded child day-care under Chapter 5104.	9385
of the Revised Code, food stamp benefits under section 5101.54 of	9386
the Revised Code, and energy assistance under Chapter 5117. of the	9387
Revised Code;	9388

(d) Other issues the committee considers appropriate.

9389

The committee shall make recommendations to the board of	9390
county commissioners and county department of job and family	9391
services regarding the committee's findings.	9392

(3) Provide comments and recommendations to the board prior	9393
to the board's entering into or substantially amending a	9394
partnership agreement with the director of job and family services	9395
under section 307.98 of the Revised Code;	9396

(4) Conduct public hearings on proposed county profiles for	9397
the provision of social services under section 5101.46 of the	9398
Revised Code;	9399

(5)(4) At the request of the board, make recommendations and	9400
provide assistance regarding the family services provided in the	9401
county;	9402

(6)(5) At any other time the committee considers appropriate,	9403
consult with the board and make recommendations regarding the	9404
family services provided in the county. The committee's	9405
recommendations may address the following:	9406

(a) Implementation and administration of family service	9407
programs;	9408

(b) Use of federal, state, and local funds available for	9409
family service programs;	9410

(c) Establishment of goals to be achieved by family service	9411
programs;	9412

(d) Evaluation of the outcomes of family service programs;

9413

(e) Any other matter the board considers relevant to the	9414
provision of family services.	9415

(C) If there is a committee in existence in a county on	9416
October 1, 1997, that the board of county commissioners determines	9417
is capable of fulfilling the responsibilities of a county family	9418
services planning committee, the board may designate the committee	9419
as the county's family services planning committee and the	9420
committee shall serve in that capacity.	9421

Sec. 340.021.  (A) In an alcohol, drug addiction, and mental	9422
health service district comprised of a county with a population of	9423
two hundred fifty thousand or more on the effective date of this	9424
sectionOctober 10, 1989, the board of county commissioners shall,	9425
within thirty days of the effective date of this sectionOctober	9426
10, 1989, establish an alcohol and drug addiction services board	9427
as the entity responsible for providing alcohol and drug addiction	9428
services in the county, unless, prior to that date, the board	9429
adopts a resolution providing that the entity responsible for	9430
providing the services is a board of alcohol, drug addiction, and	9431
mental health services. If the board of county commissioners	9432
establishes an alcohol and drug addiction services board, the	9433
community mental health board established under former section	9434
340.02 of the Revised Code shall serve as the entity responsible	9435
for providing mental health services in the county. A community	9436
mental health board has all the powers, duties, and obligations of	9437
a board of alcohol, drug addiction, and mental health services	9438
with regard to mental health services. An alcohol and drug	9439
addiction services board has all the powers, duties, and	9440
obligations of a board of alcohol, drug addiction, and mental	9441
health services with regard to alcohol and drug addiction	9442
services. Any provision of the Revised Code that refers to a board	9443
of alcohol, drug addiction, and mental health services with regard	9444
to mental health services also refers to a community mental health	9445
board and any provision that refers to a board of alcohol, drug	9446
addiction, and mental health services with regard to alcohol and	9447
drug addiction services also refers to an alcohol and drug	9448
addiction services board.	9449

An alcohol and drug addiction services board shall consist of	9450
eighteen members, six of whom shall be appointed by the director	9451
of alcohol and drug addiction services and twelve of whom shall be	9452
appointed by the board of county commissioners. Of the members	9453
appointed by the director, one shall be a person who has received	9454
or is receiving services for alcohol or drug addiction, one shall	9455
be a parent or relative of such a person, one shall be a	9456
professional in the field of alcohol or drug addiction services,	9457
and one shall be an advocate for persons receiving treatment for	9458
alcohol or drug addiction. The membership of the board shall, as	9459
nearly as possible, reflect the composition of the population of	9460
the service district as to race and sex. Members shall be	9461
residents of the service district and shall be interested in	9462
alcohol and drug addiction services. Requirements for membership,	9463
including prohibitions against certain family and business	9464
relationships, and terms of office shall be the same as those for	9465
members of boards of alcohol, drug addiction, and mental health	9466
services.	9467

(B) A community mental health board shall consist of eighteen	9468
members, six of whom shall be appointed by the director of mental	9469
health and twelve of whom shall be appointed by the board of	9470
county commissioners. Of the members appointed by the director,	9471
one shall be a person who has received or is receiving mental	9472
health services, one shall be a parent or relative of such a	9473
person, one shall be a psychiatrist or a physician, and one shall	9474
be a mental health professional. The membership of the board as	9475
nearly as possible shall reflect the composition of the population	9476
of the service district as to race and sex. Members shall be	9477
residents of the service district and shall be interested in	9478
mental health services. Requirements for membership, including	9479
prohibitions against certain family and business relationships,	9480
and terms of office shall be the same as those for members of	9481
boards of alcohol, drug addiction, and mental health services.	9482

(B) If a board of county commissioners subject to division	9483
(A) of this section did not adopt a resolution providing for a	9484
board of alcohol, drug addiction, and mental health services, the	9485
board of county commissioners may adopt a resolution providing for	9486
such a board, subject to both of the following:	9487

(1) The resolution shall be adopted not later than January 1,	9488
2004.	9489

(2) Before adopting the resolution, the board of county	9490
commissioners shall provide notice of the proposed resolution to	9491
the alcohol and drug services board and the community mental	9492
health board and shall provide both boards an opportunity to	9493
comment on the proposed resolution.	9494

Sec. 340.03.  (A) Subject to rules issued by the director of	9495
mental health after consultation with relevant constituencies as	9496
required by division (A)(11) of section 5119.06 of the Revised	9497
Code, with regard to mental health services, the board of alcohol,	9498
drug addiction, and mental health services shall:	9499

(1) Serve as the community mental health planning agency for	9500
the county or counties under its jurisdiction, and in so doing it	9501
shall:	9502

(a) Evaluate the need for facilities and community mental	9503
health services;	9504

(b) In cooperation with other local and regional planning and	9505
funding bodies and with relevant ethnic organizations, assess the	9506
community mental health needs, set priorities, and develop plans	9507
for the operation of facilities and community mental health	9508
services;	9509

(c) In accordance with guidelines issued by the director of	9510
mental health after consultation with board representatives,	9511
develop and submit to the department of mental health, no later	9512
than six months prior to the conclusion of the fiscal year in	9513
which the board's current plan is scheduled to expire, a community	9514
mental health plan listing community mental health needs,	9515
including the needs of all residents of the district now residing	9516
in state mental institutions and severely mentally disabled	9517
adults, children, and adolescents; all children subject to a	9518
determination made pursuant to section 121.38 of the Revised Code;	9519
and all the facilities and community mental health services that	9520
are or will be in operation or provided during the period for	9521
which the plan will be in operation in the service district to	9522
meet such needs.	9523

The plan shall include, but not be limited to, a statement of	9524
which of the services listed in section 340.09 of the Revised Code	9525
the board intends to provide or purchase, an explanation of how	9526
the board intends to make any payments that it may be required to	9527
pay under section 5119.62 of the Revised Code, a statement of the	9528
inpatient and community-based services the board proposes that the	9529
department operate, an assessment of the number and types of	9530
residential facilities needed, and such other information as the	9531
department requests, and a budget for moneys the board expects to	9532
receive. The board shall also submit an allocation request for	9533
state and federal funds. Within sixty days after the department's	9534
determination that the plan and allocation request are complete,	9535
the department shall approve or disapprove the plan and request,	9536
in whole or in part, according to the criteria developed pursuant	9537
to section 5119.61 of the Revised Code. The department's statement	9538
of approval or disapproval shall specify the inpatient and the	9539
community-based services that the department will operate for the	9540
board. Eligibility for financial support shall be contingent upon	9541
an approved plan or relevant part of a plan.	9542

If the director disapproves all or part of any plan, the	9543
director shall inform the board of the reasons for the disapproval	9544
and of the criteria that must be met before the plan may be	9545
approved. The director shall provide the board an opportunity to	9546
present its case on behalf of the plan. The director shall give	9547
the board a reasonable time in which to meet the criteria, and	9548
shall offer the board technical assistance to help it meet the	9549
criteria.	9550

If the approval of a plan remains in dispute thirty days	9551
prior to the conclusion of the fiscal year in which the board's	9552
current plan is scheduled to expire, the board or the director may	9553
request that the dispute be submitted to a mutually agreed upon	9554
third-party mediator with the cost to be shared by the board and	9555
the department. The mediator shall issue to the board and the	9556
department recommendations for resolution of the dispute. Prior to	9557
the conclusion of the fiscal year in which the current plan is	9558
scheduled to expire, the director, taking into consideration the	9559
recommendations of the mediator, shall make a final determination	9560
and approve or disapprove the plan, in whole or in part.	9561

If a board determines that it is necessary to amend a plan or	9562
an allocation request that has been approved under division	9563
(A)(1)(c) of this section, the board shall submit a proposed	9564
amendment to the director. The director may approve or disapprove	9565
all or part of the amendment. If the director does not approve all	9566
or part of the amendment within thirty days after it is submitted,	9567
the amendment or part of it shall be considered to have been	9568
approved. The director shall inform the board of the reasons for	9569
disapproval of all or part of an amendment and of the criteria	9570
that must be met before the amendment may be approved. The	9571
director shall provide the board an opportunity to present its	9572
case on behalf of the amendment. The director shall give the board	9573
a reasonable time in which to meet the criteria, and shall offer	9574
the board technical assistance to help it meet the criteria.	9575

The board shall implement the plan approved by the	9576
department.	9577

(d) Receive, compile, and transmit to the department of	9578
mental health applications for state reimbursement;	9579

(e) Promote, arrange, and implement working agreements with	9580
social agencies, both public and private, and with judicial	9581
agencies.	9582

(2) Investigate, or request another agency to investigate,	9583
any complaint alleging abuse or neglect of any person receiving	9584
services from a community mental health agency as defined in	9585
section 5122.01 of the Revised Code, or from a residential	9586
facility licensed under section 5119.22 of the Revised Code. If	9587
the investigation substantiates the charge of abuse or neglect,	9588
the board shall take whatever action it determines is necessary to	9589
correct the situation, including notification of the appropriate	9590
authorities. Upon request, the board shall provide information	9591
about such investigations to the department.	9592

(3) For the purpose of section 5119.611 of the Revised Code,	9593
cooperate with the director of mental health in visiting and	9594
evaluating whether the services of a community mental health	9595
agency satisfy the certification standards established by rules	9596
adopted under that section;	9597

(4) In accordance with criteria established under division	9598
(G) of section 5119.61 of the Revised Code, review and evaluate	9599
the quality, effectiveness, and efficiency of services provided	9600
through its community mental health plan and submit its findings	9601
and recommendations to the department of mental health;	9602

(5) In accordance with section 5119.22 of the Revised Code,	9603
review applications for residential facility licenses and	9604
recommend to the department of mental health approval or	9605
disapproval of applications;	9606

(6) Audit, in accordance with rules adopted by the auditor of	9607
state pursuant to section 117.20 of the Revised Code, at least	9608
annually all programs and services provided under contract with	9609
the board. In so doing, the board may contract for or employ the	9610
services of private auditors. A copy of the fiscal audit report	9611
shall be provided to the director of mental health, the auditor of	9612
state, and the county auditor of each county in the board's	9613
district.	9614

(7) Recruit and promote local financial support for mental	9615
health programs from private and public sources;	9616

(8)(a) Enter into contracts with public and private	9617
facilities for the operation of facility services included in the	9618
board's community mental health plan and enter into contracts with	9619
public and private community mental health agencies for the	9620
provision of community mental health services listed in section	9621
340.09 of the Revised Code and included in the board's community	9622
mental health plan. Contracts with community mental health	9623
agencies are subject to section 5119.611 of the Revised Code.	9624
Section 307.86 of the Revised Code does not apply to contracts	9625
entered into under this division. In contracting with a community	9626
mental health agency, a board shall consider the cost	9627
effectiveness of services provided by that agency and the quality	9628
and continuity of care, and may review cost elements, including	9629
salary costs, of the services to be provided. A utilization review	9630
process shall be established as part of the contract for services	9631
entered into between a board and a community mental health agency.	9632
The board may establish this process in a way that is most	9633
effective and efficient in meeting local needs. In the case of a	9634
contract with a community mental health facility described, as	9635
defined in division (B) of section 5111.022 of the Revised Code,	9636
to provide services established bylisted in division (A)(B) of	9637
that section, the contract shall provide for the facility to be	9638
paid in accordance with the contract entered into between the	9639
departments of job and family services and mental health under	9640
division (E) of that section 5111.91 of the Revised Code and any	9641
rules adopted under division (A) of section 5119.61 of the Revised	9642
Code.	9643

If either the board or a facility or community mental health	9644
agency with which the board contracts under division (A)(8)(a) of	9645
this section proposes not to renew the contract or proposes	9646
substantial changes in contract terms, the other party shall be	9647
given written notice at least one hundred twenty days before the	9648
expiration date of the contract. During the first sixty days of	9649
this one hundred twenty-day period, both parties shall attempt to	9650
resolve any dispute through good faith collaboration and	9651
negotiation in order to continue to provide services to persons in	9652
need. If the dispute has not been resolved sixty days before the	9653
expiration date of the contract, either party may notify the	9654
department of mental health of the unresolved dispute. The	9655
director may require both parties to submit the dispute to a third	9656
party with the cost to be shared by the board and the facility or	9657
community mental health agency. The third party shall issue to the	9658
board, the facility or agency, and the department recommendations	9659
on how the dispute may be resolved twenty days prior to the	9660
expiration date of the contract, unless both parties agree to a	9661
time extension. The director shall adopt rules establishing the	9662
procedures of this dispute resolution process.	9663

(b) With the prior approval of the director of mental health,	9664
a board may operate a facility or provide a community mental	9665
health service as follows, if there is no other qualified private	9666
or public facility or community mental health agency that is	9667
immediately available and willing to operate such a facility or	9668
provide the service:	9669

(i) In an emergency situation, any board may operate a	9670
facility or provide a community mental health service in order to	9671
provide essential services for the duration of the emergency;	9672

(ii) In a service district with a population of at least one	9673
hundred thousand but less than five hundred thousand, a board may	9674
operate a facility or provide a community mental health service	9675
for no longer than one year;	9676

(iii) In a service district with a population of less than	9677
one hundred thousand, a board may operate a facility or provide a	9678
community mental health service for no longer than one year,	9679
except that such a board may operate a facility or provide a	9680
community mental health service for more than one year with the	9681
prior approval of the director and the prior approval of the board	9682
of county commissioners, or of a majority of the boards of county	9683
commissioners if the district is a joint-county district.	9684

The director shall not give a board approval to operate a	9685
facility or provide a community mental health service under	9686
division (A)(8)(b)(ii) or (iii) of this section unless the	9687
director determines that it is not feasible to have the department	9688
operate the facility or provide the service.	9689

The director shall not give a board approval to operate a	9690
facility or provide a community mental health service under	9691
division (A)(8)(b)(iii) of this section unless the director	9692
determines that the board will provide greater administrative	9693
efficiency and more or better services than would be available if	9694
the board contracted with a private or public facility or	9695
community mental health agency.	9696

The director shall not give a board approval to operate a	9697
facility previously operated by a person or other government	9698
entity unless the board has established to the director's	9699
satisfaction that the person or other government entity cannot	9700
effectively operate the facility or that the person or other	9701
government entity has requested the board to take over operation	9702
of the facility. The director shall not give a board approval to	9703
provide a community mental health service previously provided by a	9704
community mental health agency unless the board has established to	9705
the director's satisfaction that the agency cannot effectively	9706
provide the service or that the agency has requested the board	9707
take over providing the service.	9708

The director shall review and evaluate a board's operation of	9709
a facility and provision of community mental health service under	9710
division (A)(8)(b) of this section.	9711

Nothing in division (A)(8)(b) of this section authorizes a	9712
board to administer or direct the daily operation of any facility	9713
or community mental health agency, but a facility or agency may	9714
contract with a board to receive administrative services or staff	9715
direction from the board under the direction of the governing body	9716
of the facility or agency.	9717

(9) Approve fee schedules and related charges or adopt a unit	9718
cost schedule or other methods of payment for contract services	9719
provided by community mental health agencies in accordance with	9720
guidelines issued by the department as necessary to comply with	9721
state and federal laws pertaining to financial assistance;	9722

(10) Submit to the director and the county commissioners of	9723
the county or counties served by the board, and make available to	9724
the public, an annual report of the programs under the	9725
jurisdiction of the board, including a fiscal accounting;	9726

(11) Establish, to the extent resources are available, a	9727
community support system, which provides for treatment, support,	9728
and rehabilitation services and opportunities. The essential	9729
elements of the system include, but are not limited to, the	9730
following components in accordance with section 5119.06 of the	9731
Revised Code:	9732

(a) To locate persons in need of mental health services to	9733
inform them of available services and benefits mechanisms;	9734

(b) Assistance for clients to obtain services necessary to	9735
meet basic human needs for food, clothing, shelter, medical care,	9736
personal safety, and income;	9737

(c) Mental health care, including, but not limited to,	9738
outpatient, partial hospitalization, and, where appropriate,	9739
inpatient care;	9740

(d) Emergency services and crisis intervention;

9741

(e) Assistance for clients to obtain vocational services and	9742
opportunities for jobs;	9743

(f) The provision of services designed to develop social,	9744
community, and personal living skills;	9745

(g) Access to a wide range of housing and the provision of	9746
residential treatment and support;	9747

(h) Support, assistance, consultation, and education for	9748
families, friends, consumers of mental health services, and	9749
others;	9750

(i) Recognition and encouragement of families, friends,	9751
neighborhood networks, especially networks that include racial and	9752
ethnic minorities, churches, community organizations, and	9753
meaningful employment as natural supports for consumers of mental	9754
health services;	9755

(j) Grievance procedures and protection of the rights of	9756
consumers of mental health services;	9757

(k) Case management, which includes continual individualized	9758
assistance and advocacy to ensure that needed services are offered	9759
and procured.	9760

(12) Designate the treatment program, agency, or facility for	9761
each person involuntarily committed to the board pursuant to	9762
Chapter 5122. of the Revised Code and authorize payment for such	9763
treatment. The board shall provide the least restrictive and most	9764
appropriate alternative that is available for any person	9765
involuntarily committed to it and shall assure that the services	9766
listed in section 340.09 of the Revised Code are available to	9767
severely mentally disabled persons residing within its service	9768
district. The board shall establish the procedure for authorizing	9769
payment for services, which may include prior authorization in	9770
appropriate circumstances. The board may provide for services	9771
directly to a severely mentally disabled person when life or	9772
safety is endangered and when no community mental health agency is	9773
available to provide the service.	9774

(13) Establish a method for evaluating referrals for	9775
involuntary commitment and affidavits filed pursuant to section	9776
5122.11 of the Revised Code in order to assist the probate	9777
division of the court of common pleas in determining whether there	9778
is probable cause that a respondent is subject to involuntary	9779
hospitalization and what alternative treatment is available and	9780
appropriate, if any;	9781

(14) Ensure that apartments or rooms built, subsidized,	9782
renovated, rented, owned, or leased by the board or a community	9783
mental health agency have been approved as meeting minimum fire	9784
safety standards and that persons residing in the rooms or	9785
apartments are receiving appropriate and necessary services,	9786
including culturally relevant services, from a community mental	9787
health agency. This division does not apply to residential	9788
facilities licensed pursuant to section 5119.22 of the Revised	9789
Code.	9790

(15) Establish a mechanism for involvement of consumer	9791
recommendation and advice on matters pertaining to mental health	9792
services in the alcohol, drug addiction, and mental health service	9793
district;	9794

(16) Perform the duties under section 3722.18 of the Revised	9795
Code required by rules adopted under section 5119.61 of the	9796
Revised Code regarding referrals by the board or mental health	9797
agencies under contract with the board of individuals with mental	9798
illness or severe mental disability to adult care facilities and	9799
effective arrangements for ongoing mental health services for the	9800
individuals. The board is accountable in the manner specified in	9801
the rules for ensuring that the ongoing mental health services are	9802
effectively arranged for the individuals.	9803

(B) The board shall establish such rules, operating	9804
procedures, standards, and bylaws, and perform such other duties	9805
as may be necessary or proper to carry out the purposes of this	9806
chapter.	9807

(C) A board of alcohol, drug addiction, and mental health	9808
services may receive by gift, grant, devise, or bequest any	9809
moneys, lands, or property for the benefit of the purposes for	9810
which the board is established, and may hold and apply it	9811
according to the terms of the gift, grant, or bequest. All money	9812
received, including accrued interest, by gift, grant, or bequest	9813
shall be deposited in the treasury of the county, the treasurer of	9814
which is custodian of the alcohol, drug addiction, and mental	9815
health services funds to the credit of the board and shall be	9816
available for use by the board for purposes stated by the donor or	9817
grantor.	9818

(D) No board member or employee of a board of alcohol, drug	9819
addiction, and mental health services shall be liable for injury	9820
or damages caused by any action or inaction taken within the scope	9821
of the board member's official duties or the employee's	9822
employment, whether or not such action or inaction is expressly	9823
authorized by this section, section 340.033, or any other section	9824
of the Revised Code, unless such action or inaction constitutes	9825
willful or wanton misconduct. Chapter 2744. of the Revised Code	9826
applies to any action or inaction by a board member or employee of	9827
a board taken within the scope of the board member's official	9828
duties or employee's employment. For the purposes of this	9829
division, the conduct of a board member or employee shall not be	9830
considered willful or wanton misconduct if the board member or	9831
employee acted in good faith and in a manner that the board member	9832
or employee reasonably believed was in or was not opposed to the	9833
best interests of the board and, with respect to any criminal	9834
action or proceeding, had no reasonable cause to believe the	9835
conduct was unlawful.	9836

(E) The meetings held by any committee established by a board	9837
of alcohol, drug addiction, and mental health services shall be	9838
considered to be meetings of a public body subject to section	9839
121.22 of the Revised Code.	9840

Sec. 341.05.  (A) The sheriff shall assign sufficient staff	9841
to ensure the safe and secure operation of the county jail, but	9842
staff shall be assigned only to the extent such staff can be	9843
provided with funds appropriated to the sheriff at the discretion	9844
of the board of county commissioners. The staff may include any of	9845
the following:	9846

(1) An administrator for the jail;

9847

(2) Jail officers, including civilian jail officers who are	9848
not sheriff's deputies, to conduct security duties;	9849

(3) Other necessary employees to assist in the operation of	9850
the county jail.	9851

(B) The sheriff shall employ a sufficient number of female	9852
staff to be available to perform all reception and release	9853
procedures for female prisoners. These female employees shall be	9854
on duty for the duration of the confinement of the female	9855
prisoners.	9856

(C) The jail administrator and civilian jail officers	9857
appointed by the sheriff shall have all the powers of police	9858
officers on the jail grounds as are necessary for the proper	9859
performance of the duties relating to their positions at the jail	9860
and as are consistent with their level of training.	9861

(D) The sheriff may authorize civilian jail officers to wear	9862
a standard uniform consistent with their prescribed authority, in	9863
accordance with section 311.281 of the Revised Code. Civilian jail	9864
officer uniforms shall be differentiated clearly from the uniforms	9865
worn by sheriff's deputies.	9866

(E) TheExcept as provided in division (B) of section 341.25	9867
of the Revised Code, the compensation of jail staff shall be	9868
payable from the general fund of the county, upon the warrant of	9869
the auditor, in accordance with standard county payroll	9870
procedures.	9871

Sec. 341.25.  (A) The sheriff may establish a commissary for	9872
the jail. The commissary may be established either in-house or by	9873
another arrangement. If a commissary is established, all persons	9874
incarcerated in the jail shall receive commissary privileges. A	9875
person's purchases from the commissary shall be deducted from the	9876
person's account record in the jail's business office. The	9877
commissary shall provide for the distribution to indigent persons	9878
incarcerated in the jail necessary hygiene articles and writing	9879
materials.	9880

(B) If a commissary is established, the sheriff shall	9881
establish a commissary fund for the jail. The management of funds	9882
in the commissary fund shall be strictly controlled in accordance	9883
with procedures adopted by the auditor of state. Commissary fund	9884
revenue over and above operating costs and reserve shall be	9885
considered profits. All profits from the commissary fund shall be	9886
used to purchase supplies and equipment, and to provide life	9887
skills training and education or treatment services, or both, for	9888
the benefit of persons incarcerated in the jail, and to pay salary	9889
and benefits for employees of the sheriff who work in or are	9890
employed for the purpose of providing service to the commissary.	9891
The sheriff shall adopt rules for the operation of any commissary	9892
fund the sheriff establishes.	9893

Sec. 504.03.  (A)(1) If a limited home rule government is	9894
adopted pursuant to section 504.02 of the Revised Code, it shall	9895
remain in effect for at least three years except as otherwise	9896
provided in division (B) of this section. At the end of that	9897
period, if the board of township trustees determines that that	9898
government is not in the best interests of the township, it may	9899
adopt a resolution causing the board of elections to submit to the	9900
electors of the unincorporated area of the township the question	9901
of whether the township should continue the limited home rule	9902
government. The question shall be voted upon at the next general	9903
election occurring at least seventy-five days after the	9904
certification of the resolution to the board of elections. After	9905
certification of the resolution, the board of elections shall	9906
submit the question to the electors of the unincorporated area of	9907
the township, and the ballot language shall be substantially as	9908
follows:	9909

"Shall the township of ........... (name) continue the	9910
limited home rule government under which it is operating?	9911

(2) At least forty-five days before the election on the	9914
question of continuing the limited home rule government, the board	9915
of township trustees shall have notice of the election published	9916
in a newspaper of general circulation in the township for three	9917
consecutive weeks and have the notice posted in five conspicuous	9918
places in the unincorporated area of the township.	9919

(B) The electors of a township that has adopted a limited	9920
home rule government may propose at any time by initiative	9921
petition, in accordance with section 504.14 of the Revised Code, a	9922
resolution submitting to the electors in the unincorporated area	9923
of the township, in an election, the question set forth in	9924
division (A)(1) of this section.	9925

(C) If a majority of the votes cast under division (A) or (B)	9926
of this section on the proposition of continuing the limited home	9927
rule government is in the negative, that government is terminated	9928
effective on the first day of January immediately following the	9929
election, and a limited home rule government shall not be adopted	9930
in the unincorporated area of the township pursuant to section	9931
504.02 of the Revised Code for at least three years after that	9932
date.	9933

(D) If a limited home rule government is terminated under	9934
this section, the board of township trustees immediately shall	9935
adopt a resolution repealing all resolutions adopted pursuant to	9936
this chapter that are not authorized by any other section of the	9937
Revised Code outside this chapter, effective on the first day of	9938
January immediately following the election described in division	9939
(A) or (B) of this section. However, no resolution adopted under	9940
this division shall affect or impair the obligations of the	9941
township under any security issued or contracts entered into by	9942
the township in connection with the financing of any water supply	9943
facility or sewer improvement under sections 504.18 to 504.20 of	9944
the Revised Code or the authority of the township to collect or	9945
enforce any assessments or other revenues constituting security	9946
for or source of payments of debt service charges of those	9947
securities.	9948

(E) Upon the termination of a limited home rule government	9949
under this section, if the township had converted its board of	9950
township trustees to a five-member board under section 504.21 of	9951
the Revised Codebefore the effective date of this amendment, the	9952
current board member who received the lowest number of votes of	9953
the current board members who were elected at the most recent	9954
election for township trustees, and the current board member who	9955
received the lowest number of votes of the current board members	9956
who were elected at the second most recent election for township	9957
trustees, shall cease to be township trustees on the date that the	9958
limited home rule government terminates. Their offices likewise	9959
shall cease to exist at that time, and the board shall continue as	9960
a three-member board as provided in section 505.01 of the Revised	9961
Code.	9962

Sec. 504.04.  (A) A township that adopts a limited home rule	9963
government may do all of the following by resolution, provided	9964
that any of these resolutions, other than a resolution to supply	9965
water or sewer services in accordance with sections 504.18 to	9966
504.20 of the Revised Code, may be enforced only by the imposition	9967
of civil fines as authorized in this chapter:	9968

(1) Exercise all powers of local self-government within the	9969
unincorporated area of the township, other than powers that are in	9970
conflict with general laws, except that the township shall comply	9971
with the requirements and prohibitions of this chapter, and shall	9972
enact no taxes other than those authorized by general law, and	9973
except that no resolution adopted pursuant to this chapter shall	9974
encroach upon the powers, duties, and privileges of elected	9975
township officers or change, alter, combine, eliminate, or	9976
otherwise modify the form or structure of the township government	9977
unless the change is required or permitted by this chapter;	9978

(2) Adopt and enforce within the unincorporated area of the	9979
township local police, sanitary, and other similar regulations	9980
that are not in conflict with general laws or otherwise prohibited	9981
by division (B) of this section;	9982

(3) Supply water and sewer services to users within the	9983
unincorporated area of the township in accordance with sections	9984
504.18 to 504.20 of the Revised Code.	9985

(B) No resolution adopted pursuant to this chapter shall do	9986
any of the following:	9987

(1) Create a criminal offense or impose criminal penalties,	9988
except as authorized by division (A) of this section;	9989

(2) Impose civil fines other than as authorized by this	9990
chapter;	9991

(3) Establish or revise subdivision regulations, road	9992
construction standards, urban sediment rules, or storm water and	9993
drainage regulations;	9994

(4) Establish or revise building standards, building codes,	9995
and other standard codes except as provided in section 504.13 of	9996
the Revised Code;	9997

(5) Increase, decrease, or otherwise alter the powers or	9998
duties of a township under any other chapter of the Revised Code	9999
pertaining to agriculture or the conservation or development of	10000
natural resources;	10001

(6) Establish regulations affecting hunting, trapping,	10002
fishing, or the possession, use, or sale of firearms;	10003

(7) Establish or revise water or sewer regulations, except in	10004
accordance with sections 504.18 and 504.19 of the Revised Code.	10005

Nothing in this chapter shall be construed as affecting the	10006
powers of counties with regard to the subjects listed in divisions	10007
(B)(3) to (5) of this section.	10008

(C) Under a limited home rule government, all officers shall	10009
have the qualifications, and be nominated, elected, or appointed,	10010
as provided in Chapter 505. of the Revised Code, except that the	10011
board of township trustees shall appoint a full-time or part-time	10012
law director pursuant to section 504.15 of the Revised Code, and	10013
except that section 504.21 of the Revised Code also shall apply if	10014
a five-member board of township trustees is approved for the	10015
township before the effective date of this amendment shall	10016
continue to serve as the legislative authority with successive	10017
members serving for four-year terms of office until a termination	10018
of a limited home rule government under section 504.03 of the	10019
Revised Code.	10020

(D) In case of conflict between resolutions enacted by a	10021
board of township trustees and municipal ordinances or	10022
resolutions, the ordinance or resolution enacted by the municipal	10023
corporation prevails. In case of conflict between resolutions	10024
enacted by a board of township trustees and any county resolution,	10025
the resolution enacted by the board of township trustees prevails.	10026

Sec. 505.376.  When any expenditure of a fire and ambulance	10027
district, other than for the compensation of district employees,	10028
exceeds tentwenty-five thousand dollars, the contract for the	10029
expenditure shall be in writing and made with the lowest and best	10030
bidder after advertising for not less than two nor more than four	10031
consecutive weeks in a newspaper of general circulation within the	10032
district. The bids shall be opened and shall be publicly read by	10033
the clerk of the district, or the clerk's designee, at the time,	10034
date, and place specified in the advertisement to bidders or the	10035
specifications. The time, date, and place of bid openings may be	10036
extended to a later date by the board of trustees of the district,	10037
provided that written or oral notice of the change shall be given	10038
to all persons who have received or requested specifications no	10039
later than ninety-six hours prior to the original time and date	10040
fixed for the opening.	10041

Each bid on any contract shall contain the full name of every	10042
person interested in the bid. If the bid is for a contract for the	10043
construction, demolition, alteration, repair, or reconstruction of	10044
an improvement, it shall meet the requirements of section 153.54	10045
of the Revised Code. If the bid is for any other contract, it	10046
shall be accompanied by a sufficient bond or certified check,	10047
cashier's check, or money order on a solvent bank or savings and	10048
loan association that, if the bid is accepted, a contract will be	10049
entered into and the performance of it will be properly secured.	10050
If the bid for work embraces both labor and material, it shall be	10051
separately stated, with the price thereofof the labor and the	10052
material. The board may reject any and all bids. The contract	10053
shall be between the district and the bidder, and the district	10054
shall pay the contract price in cash. When a bonus is offered for	10055
completion of a contract prior to a specified date, the board may	10056
exact a prorated penalty in like sum for each day of delay beyond	10057
the specified date. When there is reason to believe there is	10058
collusion or combination among bidders, the bids of those	10059
concerned therein shall be rejected.	10060

Sec. 507.09.  (A) Except as otherwise provided in division	10061
(D) of this section, the township clerk shall be entitled to	10062
compensation as follows:	10063

(1) In townships having a budget of fifty thousand dollars or	10064
less, three thousand five hundred dollars;	10065

(2) In townships having a budget of more than fifty thousand	10066
but not more than one hundred thousand dollars, five thousand five	10067
hundred dollars;	10068

(3) In townships having a budget of more than one hundred	10069
thousand but not more than two hundred fifty thousand dollars,	10070
seven thousand seven hundred dollars;	10071

(4) In townships having a budget of more than two hundred	10072
fifty thousand but not more than five hundred thousand dollars,	10073
nine thousand nine hundred dollars;	10074

(5) In townships having a budget of more than five hundred	10075
thousand but not more than seven hundred fifty thousand dollars,	10076
eleven thousand dollars;	10077

(6) In townships having a budget of more than seven hundred	10078
fifty thousand but not more than one million five hundred thousand	10079
dollars, thirteen thousand two hundred dollars;	10080

(7) In townships having a budget of more than one million	10081
five hundred thousand but not more than three million five hundred	10082
thousand dollars, fifteen thousand four hundred dollars;	10083

(8) In townships having a budget of more than three million	10084
five hundred thousand dollars but not more than six million	10085
dollars, sixteen thousand five hundred dollars;	10086

(9) In townships having a budget of more than six million	10087
dollars, seventeen thousand six hundred dollars.	10088

(B) Any township clerk may elect to receive less than the	10089
compensation the clerk is entitled to under division (A) of this	10090
section. Any clerk electing to do this shall so notify the board	10091
of township trustees in writing, and the board shall include this	10092
notice in the minutes of its next board meeting.	10093

(C) The compensation of the township clerk shall be paid in	10094
equal monthly payments. If the office of clerk is held by more	10095
than one person during any calendar year, each person holding the	10096
office shall receive payments for only those months, and any	10097
fractions of those months, during which the person holds the	10098
office.	10099

(D) Beginning in calendar year 1999, the township clerk shall	10100
be entitled to compensation as follows:	10101

(1) In calendar year 1999, the compensation specified in	10102
division (A) of this section increased by three per cent;	10103

(2) In calendar year 2000, the compensation determined under	10104
division (D)(1) of this section increased by three per cent;	10105

(3) In calendar year 2001, the compensation determined under	10106
division (D)(2) of this section increased by three per cent;	10107

(4) In calendar year 2002, except in townships having a	10108
budget of more than six million dollars, the compensation	10109
determined under division (D)(3) of this section increased by	10110
three per cent; in townships having a budget of more than six	10111
million but not more than ten million dollars, nineteen thousand	10112
eight hundred ten dollars; and in townships having a budget of	10113
more than ten million dollars, twenty thousand nine hundred	10114
dollars;	10115

(5) In calendar year 2003, the compensation determined under	10116
division (D)(4) of this section increased by three per cent or the	10117
percentage increase in the consumer price index as described in	10118
division (D)(7)(b) of this section, whichever percentage is lower;	10119

(6) In calendar year 2004, except in townships having a	10120
budget of more than six million dollars, the compensation	10121
determined under division (D)(5) of this section for the calendar	10122
year 2003 increased by three per cent or the percentage increase	10123
in the consumer price index as described in division (D)(7)(b) of	10124
this section, whichever percentage is lower; in townships having a	10125
budget of more than six million but not more than ten million	10126
dollars, twenty-two thousand eighty-seven dollars; and in	10127
townships having a budget of more than ten million dollars,	10128
twenty-five thousand five hundred fifty-three dollars;	10129

(7) In calendar years 20032005 through 2008, the	10130
compensation determined under division (D) of this section for the	10131
immediately preceding calendar year increased by the lesser of the	10132
following:	10133

(a) Three per cent;

10134

(b) The percentage increase, if any, in the consumer price	10135
index over the twelve-month period that ends on the thirtieth day	10136
of September of the immediately preceding calendar year, rounded	10137
to the nearest one-tenth of one per cent;	10138

(6)(8) In calendar year 2009 and thereafter, the amount	10139
determined under division (D) of this section for calendar year	10140
2008.	10141

As used in this division, "consumer price index" has the same	10142
meaning as in section 325.18 of the Revised Code.	10143

Sec. 511.12.  The board of township trustees may prepare	10144
plans and specifications and make contracts for the construction	10145
and erection of a memorial building, monument, statue, or	10146
memorial, for the purposes specified and within the amount	10147
authorized by section 511.08 of the Revised Code. If the total	10148
estimated cost of the construction and erection exceeds fifteen	10149
twenty-five thousand dollars, the contract shall be let by	10150
competitive bidding. If the estimated cost is fifteentwenty-five	10151
thousand dollars or less, competitive bidding may be required at	10152
the board's discretion. In making contracts under this section,	10153
the board shall be governed as follows:	10154

(A) Contracts for construction when competitive bidding is	10155
required shall be based upon detailed plans, specifications, forms	10156
of bids, and estimates of cost, adopted by the board.	10157

(B) Contracts shall be made in writing upon concurrence of a	10158
majority of the members of the board, and shall be signed by at	10159
least two of suchthe members and by the contractor. If	10160
competitive bidding is required, no contract shall be made or	10161
signed until an advertisement has been placed in two newspapers,	10162
published or of general circulation in the township, for a period	10163
of thirty days.	10164

(C) No contract shall be let by competitive bidding except to	10165
the lowest and best bidder, who shall meet the requirements of	10166
section 153.54 of the Revised Code.	10167

(D) When, in the opinion of the board, it becomes necessary	10168
in the prosecution of such work to make alterations or	10169
modifications in any contract, suchthe alterations or	10170
modifications shall be made only by order of the board, and such	10171
that order shall be of no effect until the price to be paid for	10172
the work or materials under suchthe altered or modified contract	10173
has been agreed upon in writing and signed by the contractor and	10174
at least two members of the board.	10175

(E) No contract or alteration or modification thereofof it	10176
shall be valid unless made in the manner provided in this section.	10177

Sec. 511.181. If the board of park commissioners of a	10178
township park district created before 1955 is appointed by the	10179
board of township trustees, the board of township trustees may	10180
adopt a resolution to convert the parks owned and operated by the	10181
park district into parks owned and operated by the township if the	10182
township has a population of less than thirty-five thousand and a	10183
geographical area of less than fifteen square miles. Upon the	10184
adoption of that resolution, the township park district shall	10185
cease to exist, all real and personal property owned by the park	10186
district shall be transferred to the township, and the township	10187
shall assume liability with respect to all contracts and debts of	10188
the park district. All employees of the township park district	10189
whose parks are so converted into township parks shall become	10190
township employees, and the board of township trustees may retain	10191
the former park commissioners, on the terms that the trustees	10192
consider appropriate, to operate the property formerly owned by	10193
the township park district.	10194

The township shall continue to collect any taxes levied	10195
within the former township park district, and the taxes shall be	10196
deposited into the township treasury as funds to be used for the	10197
park purposes for which they were levied.	10198

Within fifteen days after the adoption of a township park	10199
district conversion resolution under this section, the clerk of	10200
the board of township trustees shall certify a copy of that	10201
resolution to the county auditor.	10202

Sec. 515.01.  The board of township trustees may provide	10203
artificial lights for any road, highway, public place, or building	10204
under its supervision or control, or for any territory within the	10205
township and outside the boundaries of any municipal corporation,	10206
when the board determines that the public safety or welfare	10207
requires that suchthe road, highway, public place, building, or	10208
territory shall be lighted. SuchThe lighting may be procured	10209
either by the township installing a lighting system or by	10210
contracting with any person or corporation to furnish lights.	10211

If lights are furnished under contract, suchthe contract may	10212
provide that the equipment employed may be owned by the township	10213
or by the person or corporation supplying it.	10214

If the board determines to procure such lighting by contract	10215
and the total estimated cost of the contract exceeds fifteen	10216
twenty-five thousand dollars, the board shall prepare plans and	10217
specifications for the lighting equipment and shall, for two	10218
weeks, advertise for bids for furnishing suchthe lighting	10219
equipment, either by posting suchthe advertisement in three	10220
conspicuous places in the township or by publication thereofof	10221
the advertisement once a week, for two consecutive weeks, in a	10222
newspaper of general circulation in the township. Any such	10223
contract for lighting shall be made with the lowest and best	10224
bidder.	10225

No lighting contract awarded by the board shall be made to	10226
cover a period of more than ten years. The cost of installing and	10227
operating any lighting system or any light furnished under	10228
contract shall be paid from the general fund of the township	10229
treasury.	10230

Sec. 515.07.  If the total estimated cost of any lighting	10231
improvement provided for in section 515.06 of the Revised Code is	10232
fifteentwenty-five thousand dollars or less, the contract may be	10233
let without competitive bidding. When competitive bidding is	10234
required, the board of township trustees shall post, in three of	10235
the most conspicuous public places in the district, a notice	10236
specifying the number, candle power, and location of lights, and	10237
the kind of supports thereforefor the lights as provided by	10238
section 515.06 of the Revised Code, as well as the time, which	10239
shall not be less than thirty days from the posting of the	10240
notices, and the place the board will receive bids to furnish such	10241
the lights. The board shall accept the lowest and best bid, if the	10242
successful bidder meets the requirements of section 153.54 of the	10243
Revised Code. The board may reject all bids.	10244

Sec. 521.05.  (A) If the total estimated cost of any	10245
improvement provided for in section 521.04 of the Revised Code is	10246
tentwenty-five thousand dollars or less, the contract may be let	10247
without competitive bidding. When competitive bidding is required,	10248
the board of township trustees shall post, in three of the most	10249
conspicuous public places in the township, a notice specifying the	10250
improvement to be made and the time, which shall be at least	10251
thirty days after the posting of the notices, and the place the	10252
board will receive bids to make the improvement. The board shall	10253
accept the lowest and best bid, if the successful bidder meets the	10254
requirements of section 153.54 of the Revised Code. The board may	10255
reject all bids.	10256

(B) On accepting a bid, the board shall enter into a contract	10257
with the successful bidder for making the improvement according to	10258
specifications. The contract shall not be for a term longer than	10259
ten years.	10260

Sec. 715.013. (A) Except as otherwise expressly authorized by	10261
the Revised Code, no municipal corporation shall levy a tax that	10262
is the same as or similar to a tax levied under Chapter 322.,	10263
3734., 3769., 4123., 4141., 4301., 4303., 4305., 4307., 4309.,	10264
5707., 5725., 5727., 5728., 5729., 5731., 5735., 5737., 5739.,	10265
5741., 5743., or 5749. of the Revised Code.	10266

(B) This section does not prohibit a municipal corporation	10267
from levying a tax on amountsany of the following:	10268

(1) Amounts received for admission to any place or, on and	10269
after January 1, 2002, on the;	10270

(2) The income of an electric company or combined company, as	10271
defined in section 5727.01 of the Revised Code;	10272

(3) On and after January 1, 2004, the income of a telephone	10273
company, as defined in section 5727.01 of the Revised Code.	10274

Sec. 718.01.  (A) As used in this chapter:

10275

(1) "Adjusted federal taxable income" means a C corporation's	10276
federal taxable income before net operating losses and special	10277
deductions as determined under the Internal Revenue Code, adjusted	10278
as follows:	10279

(a) Deduct intangible income to the extent included in	10280
federal taxable income. The deduction shall be allowed regardless	10281
of whether the intangible income relates to assets used in a trade	10282
or business or assets held for the production of income.	10283

(b) Add an amount equal to five per cent of intangible income	10284
deducted under division (A)(1)(a) of this section, but excluding	10285
that portion of intangible income directly related to the sale,	10286
exchange, or other disposition of property described in section	10287
1221 of the Internal Revenue Code;	10288

(c) Add any losses allowed as a deduction in the computation	10289
of federal taxable income if the losses directly relate to the	10290
sale, exchange, or other disposition of an asset described in	10291
section 1221 or 1231 of the Internal Revenue Code;	10292

(d)(i) Except as provided in division (A)(1)(d)(ii) of this	10293
section, deduct income and gain included in federal taxable income	10294
to the extent the income and gain directly relate to the sale,	10295
exchange, or other disposition of an asset described in section	10296
1221 or 1231 of the Internal Revenue Code;	10297

(ii) Division (A)(1)(d)(i) of this section does not apply to	10298
the extent the income or gain is income or gain described in	10299
section 1245 or 1250 of the Internal Revenue Code.	10300

(e) Add taxes on or measured by net income allowed as a	10301
deduction in the computation of federal taxable income;	10302

(f) In the case of a real estate investment trust and	10303
regulated investment company, add all amounts with respect to	10304
dividends to, distributions to, or amounts set aside for or	10305
credited to the benefit of investors and allowed as a deduction in	10306
the computation of federal taxable income;	10307

(g) If the taxpayer is not a C corporation and is not an	10308
individual, the taxpayer shall compute adjusted federal taxable	10309
income as if the taxpayer were a C corporation, except:	10310

(i) Guaranteed payments and other similar amounts paid or	10311
accrued to a partner, former partner, member, or former member	10312
shall not be allowed as a deductible expense; and	10313

(ii) Amounts paid or accrued to a qualified self-employed	10314
retirement plan with respect to an owner or owner-employee of the	10315
taxpayer, amounts paid or accrued to or for health insurance for	10316
an owner or owner-employee, and amounts paid or accrued to or for	10317
life insurance for an owner or owner-employee shall not be allowed	10318
as a deduction.	10319

Nothing in division (A)(1) of this section shall be construed	10320
as allowing the taxpayer to add or deduct any amount more than	10321
once or shall be construed as allowing any taxpayer to deduct any	10322
amount paid to or accrued for purposes of federal self-employment	10323
tax.	10324

A tax administrator may examine or audit a taxpayer to	10325
ascertain if the taxpayer has properly reported adjusted federal	10326
taxable income or net profit required to be reported on Schedule	10327
C, Schedule E, or Schedule F. If the tax administrator determines	10328
that the taxpayer has not properly reported adjusted federal	10329
taxable income or net profit, the tax administrator may make all	10330
corrections and adjustments as are necessary to properly determine	10331
such amount.	10332

(2) "Internal Revenue Code" means the Internal Revenue Code	10333
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.	10334

(2)(3) "Schedule C" means internal revenue service schedule C	10335
filed by a taxpayer pursuant to the Internal Revenue Code.	10336

(3)(4) "Form 2106" means internal revenue service form 2106	10337
filed by a taxpayer pursuant to the Internal Revenue Code.	10338

(4)(5) "Intangible income" means income of any of the	10339
following types: income yield, interest, capital gains, dividends,	10340
or other income arising from the ownership, sale, exchange, or	10341
other disposition of intangible property including, but not	10342
limited to, investments, deposits, money, or credits as those	10343
terms are defined in Chapter 5701. of the Revised Code, and	10344
patents, copyrights, trademarks, tradenames, investments in real	10345
estate investment trusts, investments in regulated investment	10346
companies, and appreciation on deferred compensation. "Intangible	10347
income" does not include prizes, awards, or other income	10348
associated with any lottery winnings or other similar games of	10349
chance.	10350

(5)(6) "S corporation" means a corporation that has made an	10351
election under subchapter S of Chapter 1 of Subtitle A of the	10352
Internal Revenue Code for its taxable year.	10353

(7) For taxable years beginning on or after January 1, 2004,	10354
"net profit" for a taxpayer other than an individual means	10355
adjusted federal taxable income and "net profit" for a taxpayer	10356
who is an individual means the individual's profit required to be	10357
reported on schedule C, schedule E, or schedule F.	10358

(8) "Taxpayer" means a person subject to a tax on income	10359
levied by a municipal corporation. "Taxpayer" does not include any	10360
person that is a disregarded entity or a qualifying subchapter S	10361
subsidiary for federal income tax purposes, but "taxpayer"	10362
includes any other person who owns the disregarded entity or	10363
qualifying subchapter S subsidiary.	10364

(9) "Taxable year" means the corresponding tax reporting	10365
period as prescribed for the taxpayer under the Internal Revenue	10366
Code.	10367

(10) "Tax administrator" means the individual charged with	10368
direct responsibility for administration of a tax on income levied	10369
by a municipal corporation and includes:	10370

(a) The central collection agency and the regional income tax	10371
agency and their successors in interest, and other entities	10372
organized to perform functions similar to those performed by the	10373
central collection agency and the regional income tax agency;	10374

(b) A municipal corporation acting as the agent of another	10375
municipal corporation; and	10376

(c) Persons retained by a municipal corporation to administer	10377
a tax levied by the municipal corporation, but only if the	10378
municipal corporation does not compensate the person in whole or	10379
in part on a contingency basis.	10380

(11) "Person" includes individuals, firms, companies,	10381
business trusts, estates, trusts, partnerships, limited liability	10382
companies, associations, corporations, governmental entities, and	10383
any other entity.	10384

(12) "Schedule E" means internal revenue service schedule E	10385
filed by a taxpayer pursuant to the Internal Revenue Code.	10386

(13) "Schedule F" means internal revenue service schedule F	10387
filed by a taxpayer pursuant to the Internal Revenue Code.	10388

(B) No municipal corporation with respect to that income that	10389
it may tax shall tax such income at other than a uniform rate.	10390

(C) No municipal corporation shall levy a tax on income at a	10391
rate in excess of one per cent without having obtained the	10392
approval of the excess by a majority of the electors of the	10393
municipality voting on the question at a general, primary, or	10394
special election. The legislative authority of the municipal	10395
corporation shall file with the board of elections at least	10396
seventy-five days before the day of the election a copy of the	10397
ordinance together with a resolution specifying the date the	10398
election is to be held and directing the board of elections to	10399
conduct the election. The ballot shall be in the following form:	10400
"Shall the Ordinance providing for a ... per cent levy on income	10401
for (Brief description of the purpose of the proposed levy) be	10402
passed?	10403

FOR THE INCOME TAX

10404

AGAINST THE INCOME TAX"

10405

In the event of an affirmative vote, the proceeds of the levy	10406
may be used only for the specified purpose.	10407

(D)(1) Except as otherwise provided in division (D)(2) or	10408
(F)(9)(E) or (F) of this section, no municipal corporation shall	10409
exempt from a tax on income, compensation for personal services of	10410
individuals over eighteen years of age or the net profit from a	10411
business or profession.	10412

(2) The legislative authority of a municipal corporation may,	10413
by ordinance or resolution, exempt from a tax on income any	10414
compensation arising from the grant, sale, exchange, or other	10415
disposition of a stock option; the exercise of a stock option; or	10416
the sale, exchange, or other disposition of stock purchased under	10417
a stock option.(a) For taxable years beginning on or after	10418
January 1, 2004, no municipal corporation shall tax the net profit	10419
from a business or profession using any base other than the	10420
taxpayer's adjusted federal taxable income.	10421

(b) Division (D)(2)(a) of this section does not apply to any	10422
taxpayer required to file a return under section 5745.03 of the	10423
Revised Code or to the net profit from a sole proprietorship.	10424

(E) Nothing in this section shall prevent a municipal	10425
corporation from permitting lawful deductions as prescribed by	10426
ordinance. If a taxpayer'sThe legislative authority of a	10427
municipal corporation may, by ordinance or resolution, exempt from	10428
withholding and from a tax on income the following:	10429

(1) Compensation arising from the sale, exchange, or other	10430
disposition of a stock option, the exercise of a stock option, or	10431
the sale, exchange, or other disposition of stock purchased under	10432
a stock option; or	10433

(2) Compensation attributable to a nonqualified deferred	10434
compensation plan or program described in section 3121(v)(2)(C) of	10435
the Internal Revenue Code.	10436

If an individual's taxable income includes income against	10437
which the taxpayer has taken a deduction for federal income tax	10438
purposes as reportable on the taxpayer's form 2106, and against	10439
which a like deduction has not been allowed by the municipal	10440
corporation, the municipal corporation shall deduct from the	10441
taxpayer's taxable income an amount equal to the deduction shown	10442
on such form allowable against such income, to the extent not	10443
otherwise so allowed as a deduction by the municipal corporation.	10444
In	10445

In the case of a taxpayer who has a net profit from a	10446
business or profession that is operated as a sole proprietorship,	10447
no municipal corporation may tax or use as the base for	10448
determining the amount of the net profit that shall be considered	10449
as having a taxable situs in the municipal corporation, a greater	10450
amount than the net profit reported by the taxpayer on schedule C	10451
filed in reference to the year in question as taxable income from	10452
such sole proprietorship, except as otherwise specifically	10453
provided by ordinance or regulationan amount other than the net	10454
profit required to be reported by the taxpayer on schedule C or F	10455
from such sole proprietorship for the taxable year.	10456

In the case of a taxpayer who has a net profit from rental	10457
activity required to be reported on schedule E, no municipal	10458
corporation may tax or use as the base for determining the amount	10459
of the net profit that shall be considered as having a taxable	10460
situs in the municipal corporation, an amount other than the net	10461
profit from rental activities required to be reported by the	10462
taxpayer on schedule E for the taxable year.	10463

(F) A municipal corporation shall not tax any of the	10464
following:	10465

(1) The military pay or allowances of members of the armed	10466
forces of the United States and of members of their reserve	10467
components, including the Ohio national guard;	10468

(2) The income of religious, fraternal, charitable,	10469
scientific, literary, or educational institutions to the extent	10470
that such income is derived from tax-exempt real estate,	10471
tax-exempt tangible or intangible property, or tax-exempt	10472
activities;	10473

(3) Except as otherwise provided in division (G) of this	10474
section, intangible income;	10475

(4) Compensation paid under section 3501.28 or 3501.36 of the	10476
Revised Code to a person serving as a precinct election official,	10477
to the extent that such compensation does not exceed one thousand	10478
dollars annually. Such compensation in excess of one thousand	10479
dollars may be subjected to taxation by a municipal corporation. A	10480
municipal corporation shall not require the payer of such	10481
compensation to withhold any tax from that compensation.	10482

(5) Compensation paid to an employee of a transit authority,	10483
regional transit authority, or regional transit commission created	10484
under Chapter 306. of the Revised Code for operating a transit bus	10485
or other motor vehicle for the authority or commission in or	10486
through the municipal corporation, unless the bus or vehicle is	10487
operated on a regularly scheduled route, the operator is subject	10488
to such a tax by reason of residence or domicile in the municipal	10489
corporation, or the headquarters of the authority or commission is	10490
located within the municipal corporation;	10491

(6) The income of a public utility, when that public utility	10492
is subject to the tax levied under section 5727.24 or 5727.30 of	10493
the Revised Code, except starting January 1, 2002, the income of	10494
an electric company or combined company, as defined in section	10495
5727.01 of the Revised Code, may be taxed by a municipal	10496
corporation may tax the following, subject to Chapter 5745. of the	10497
Revised Code:	10498

(a) Beginning January 1, 2002, the income of an electric	10499
company or combined company;	10500

(b) Beginning January 1, 2004, the income of a telephone	10501
company.	10502

As used in division (F)(6) of this section, "combined	10503
company," "electric company," and "telephone company" have the	10504
same meanings as in section 5727.01 of the Revised Code.	10505

(7) On and after January 1, 2003, items excluded from federal	10506
gross income pursuant to section 107 of the Internal Revenue Code;	10507

(8) On and after January 1, 2001, compensation paid to a	10508
nonresident individual to the extent prohibited under section	10509
718.011 of the Revised Code;	10510

(9) Except as provided in division (H) of this section, an S	10511
corporation shareholder's distributive share of net profits of the	10512
S corporation, other than any part of the distributive share of	10513
net profits that represents wages as defined in section 3121(a) of	10514
the Internal Revenue Code or net earnings from self-employment as	10515
defined in section 1402(a) of the Internal Revenue Code, to the	10516
extent such distributive share would not be allocated or	10517
apportioned to this state under division (B)(1) and (2) of section	10518
5733.05 of the Revised Code if the S corporation were a	10519
corporation subject to the taxes imposed under Chapter 5733. of	10520
the Revised Code;	10521

(10) Employee compensation that is not "qualifying wages" as	10522
defined in section 718.03 of the Revised Code.	10523

(G) Any municipal corporation that taxes any type of	10524
intangible income on March 29, 1988, pursuant to Section 3 of	10525
Amended Substitute Senate Bill No. 238 of the 116th general	10526
assembly, may continue to tax that type of income after 1988 if a	10527
majority of the electors of the municipal corporation voting on	10528
the question of whether to permit the taxation of that type of	10529
intangible income after 1988 vote in favor thereof at an election	10530
held on November 8, 1988.	10531

(H) Any municipal corporation that, on December 6, 2002,	10532
taxes an S corporation shareholder's distributive share of net	10533
profits of the S corporation to any greater extent than that	10534
permitted under division (F)(9) of this section may continue after	10535
2002 to tax such distributive shares to such greater extent only	10536
if a majority of the electors of the municipal corporation voting	10537
on the question of such continuation vote in favor thereof at an	10538
election held on November 4, 2003. If a majority of electors vote	10539
in favor of that question, then, for purposes of section 718.14 of	10540
the Revised Code, "pass-through entity" includes S corporations,	10541
"income from a pass-through entity" includes distributive shares	10542
from an S corporation, and "owner" includes a shareholder of an S	10543
corporation, notwithstanding that section to the contrary.	10544

(I) Nothing in this section or section 718.02 of the Revised	10545
Code shall authorize the levy of any tax on income that a	10546
municipal corporation is not authorized to levy under existing	10547
laws or shall require a municipal corporation to allow a deduction	10548
from taxable income for losses incurred from a sole proprietorship	10549
or partnership.	10550

(J)(1) Nothing in this chapter prohibits a municipal	10551
corporation from allowing, by resolution or ordinance, a net	10552
operating loss carryforward.	10553

(2) Nothing in this chapter requires a municipal corporation	10554
to allow a net operating loss carryforward.	10555

(K) Except as otherwise provided, nothing in this chapter	10556
prohibits a municipal corporation from imposing its municipal	10557
income tax on compensation reported on internal revenue service	10558
form 1099.	10559

Sec. 718.02.  This section does not apply to electric	10560
companies or combined companies, or to electric light companies	10561
for which an election made under section 5745.031taxpayers that	10562
are subject to and required to file reports under Chapter 5745. of	10563
the Revised Code is in effect.	10564

(A) In the taxation of income that is subject to municipal	10565
income taxes, if the books and records of a taxpayer conducting a	10566
business or profession both within and without the boundaries of a	10567
municipal corporation disclose with reasonable accuracy what	10568
portion of its net profit is attributable to that part of the	10569
business or profession conducted within the boundaries of the	10570
municipal corporation, then only such portion shall be considered	10571
as having a taxable situs in such municipal corporation for	10572
purposes of municipal income taxation. In the absence of such	10573
recordsExcept as otherwise provided in division (D) of this	10574
section, net profit from a business or profession conducted both	10575
within and without the boundaries of a municipal corporation shall	10576
be considered as having a taxable situs in such municipal	10577
corporation for purposes of municipal income taxation in the same	10578
proportion as the average ratio of the following:	10579

(1) The average net book valueoriginal cost of the real and	10580
tangible personal property owned or used by the taxpayer in the	10581
business or profession in such municipal corporation during the	10582
taxable period to the average net book valueoriginal cost of all	10583
of the real and tangible personal property owned or used by the	10584
taxpayer in the business or profession during the same period,	10585
wherever situated.	10586

As used in the preceding paragraph, real property shall	10587
include property rented or leased by the taxpayer and the value of	10588
such property shall be determined by multiplying the annual rental	10589
thereon by eight;	10590

(2) Wages, salaries, and other compensation paid during the	10591
taxable period to persons employed in the business or profession	10592
for services performed in such municipal corporation to wages,	10593
salaries, and other compensation paid during the same period to	10594
persons employed in the business or profession, wherever their	10595
services are performed, excluding compensation that is not taxable	10596
by the municipal corporation under section 718.011 of the Revised	10597
Code;	10598

(3) Gross receipts of the business or profession from sales	10599
made and services performed during the taxable period in such	10600
municipal corporation to gross receipts of the business or	10601
profession during the same period from sales and services,	10602
wherever made or performed.	10603

If the foregoing allocationapportionment formula does not	10604
produce an equitable result, another basis may be substituted,	10605
under uniform regulations, so as to produce an equitable result.	10606

(B) As used in division (A) of this section, "sales made in a	10607
municipal corporation" mean:	10608

(1) All sales of tangible personal property delivered within	10609
such municipal corporation regardless of where title passes if	10610
shipped or delivered from a stock of goods within such municipal	10611
corporation;	10612

(2) All sales of tangible personal property delivered within	10613
such municipal corporation regardless of where title passes even	10614
though transported from a point outside such municipal corporation	10615
if the taxpayer is regularly engaged through its own employees in	10616
the solicitation or promotion of sales within such municipal	10617
corporation and the sales result from such solicitation or	10618
promotion;	10619

(3) All sales of tangible personal property shipped from a	10620
place within such municipal corporation to purchasers outside such	10621
municipal corporation regardless of where title passes if the	10622
taxpayer is not, through its own employees, regularly engaged in	10623
the solicitation or promotion of sales at the place where delivery	10624
is made.	10625

(C) Except as otherwise provided in division (D) of this	10626
section, net profit from rental activity not constituting a	10627
business or profession shall be subject to tax only by the	10628
municipal corporation in which the property generating the net	10629
profit is located.	10630

(D) This section does not apply to individuals who are	10631
residents of the municipal corporation and, except as otherwise	10632
provided in section 718.01 of the Revised Code, a municipal	10633
corporation may impose a tax on all income earned by residents of	10634
the municipal corporation to the extent allowed by the United	10635
States Constitution.	10636

Sec. 718.021. (A) As used in this section:

10637

(1) "Nonqualified deferred compensation plan" means a	10638
compensation plan described in section 3121(v)(2)(C) of the	10639
Internal Revenue Code.	10640

(2)(a) Except as provided in division (A)(2)(b) of this	10641
section, "qualifying loss" means the excess, if any, of the total	10642
amount of compensation the payment of which is deferred pursuant	10643
to a nonqualified deferred compensation plan over the total amount	10644
of income the taxpayer has recognized for federal income tax	10645
purposes for all taxable years on a cumulative basis as	10646
compensation with respect to the taxpayer's receipt of money and	10647
property attributable to distributions in connection with the	10648
nonqualified deferred compensation plan.	10649

(b) If, for one or more taxable years, the taxpayer has not	10650
paid to one or more municipal corporations income tax imposed on	10651
the entire amount of compensation the payment of which is deferred	10652
pursuant to a nonqualified deferred compensation plan, then the	10653
"qualifying loss" is the product of the amount resulting from the	10654
calculation described in division (A)(2)(a) of this section	10655
computed without regard to division (A)(2)(b) of this section and	10656
a fraction the numerator of which is the portion of such	10657
compensation on which the taxpayer has paid income tax to one or	10658
more municipal corporations and the denominator of which is the	10659
total amount of compensation the payment of which is deferred	10660
pursuant to a nonqualified deferred compensation plan.	10661

(c) With respect to a nonqualified deferred compensation	10662
plan, the taxpayer sustains a qualifying loss only in the taxable	10663
year in which the taxpayer receives the final distribution of	10664
money and property pursuant to that nonqualified deferred	10665
compensation plan.	10666

(3) "Qualifying tax rate" means the applicable tax rate for	10667
the taxable year for the which the taxpayer paid income tax to a	10668
municipal corporation with respect to any portion of the total	10669
amount of compensation the payment of which is deferred pursuant	10670
to a nonqualified deferred compensation plan. If different tax	10671
rates applied for different taxable years, then the "qualifying	10672
tax rate" is a weighted average of those different tax rates. The	10673
weighted average shall be based upon the tax paid to the municipal	10674
corporation each year with respect to the nonqualified deferred	10675
compensation plan.	10676

(B)(1) Except as provided in division (D) of this section, a	10677
refundable credit shall be allowed against the income tax imposed	10678
by a municipal corporation for each qualifying loss sustained by a	10679
taxpayer during the taxable year. The amount of the credit shall	10680
be equal to the product of the qualifying loss and the qualifying	10681
tax rate.	10682

(2) A taxpayer shall claim the credit allowed under this	10683
section from each municipal corporation to which the taxpayer paid	10684
municipal income tax with respect to the nonqualified deferred	10685
compensation plan in one or more taxable years.	10686

(3) If a taxpayer has paid tax to more than one municipal	10687
corporation with respect to the nonqualified deferred compensation	10688
plan, the amount of the credit that a taxpayer may claim from each	10689
municipal corporation shall be calculated on the basis of each	10690
municipal corporation's proportionate share of the total municipal	10691
corporation income tax paid by the taxpayer to all municipal	10692
corporations with respect to the nonqualified deferred	10693
compensation plan.	10694

(4) In no case shall the amount of the credit allowed under	10695
this section exceed the cumulative income tax that a taxpayer has	10696
paid to a municipal corporation for all taxable years with respect	10697
to the nonqualified deferred compensation plan.	10698

(C)(1) For purposes of this section, municipal corporation	10699
income tax that has been withheld with respect to a nonqualified	10700
deferred compensation plan shall be considered to have been paid	10701
by the taxpayer with respect to the nonqualified deferred	10702
compensation plan.	10703

(2) Any municipal income tax that has been refunded or	10704
otherwise credited for the benefit of the taxpayer with respect to	10705
a nonqualified deferred compensation plan shall not be considered	10706
to have been paid to the municipal corporation by the taxpayer.	10707

(D) The credit allowed under this section is allowed only to	10708
the extent the taxpayer's qualifying loss is attributable to:	10709

(1) The insolvency or bankruptcy of the employer who had	10710
established the nonqualified deferred compensation plan; or	10711

(2) The employee's failure or inability to satisfy all of the	10712
employer's terms and conditions necessary to receive the	10713
nonqualified deferred compensation.	10714

Sec. 718.03. (A) As used in this section:

10715

(1) "Other payer" means any person, other than an	10716
individual's employer or the employer's agent, that pays an	10717
individual any amount included in the federal gross income of the	10718
individual.	10719

(2) "Qualifying wages" means wages, as defined in section	10720
3121(a) of the Internal Revenue Code, without regard to any wage	10721
limitations, adjusted as follows:	10722

(a) Deduct any amount included in wages if the amount	10723
constitutes compensation attributable to a plan or program	10724
described in section 125 of the Internal Revenue Code.	10725

(b) Add the following amounts:

10726

(i) Any amount not included in wages solely because the	10727
employee was employed by the employer prior to April 1, 1986;	10728

(ii) Any amount not included in wages because the amount	10729
arises from the sale, exchange, or other disposition of a stock	10730
option, the exercise of a stock option, or the sale, exchange, or	10731
other disposition of stock purchased under a stock option and the	10732
municipal corporation has not, by resolution or ordinance,	10733
exempted the amount from withholding and tax. Division	10734
(A)(2)(b)(ii) of this section applies only to those amounts	10735
constituting ordinary income.	10736

(iii) Any amount not included in wages if the amount is an	10737
amount described in section 401(k) or 457 of the Internal Revenue	10738
Code. Division (A)(2)(b)(iii) of this section applies only to	10739
employee contributions and employee deferrals.	10740

(iv) Any amount that is supplemental employment compensation	10741
benefits described in section 3402(o)(2) of the Internal Revenue	10742
Code and not included in wages.	10743

(c) Deduct any amount attributable to a nonqualified deferred	10744
compensation plan or program described in section 3121(v)(2)(C) of	10745
the Internal Revenue Code if the compensation is included in wages	10746
and has, by resolution or ordinance, been exempted from taxation	10747
by the municipal corporation.	10748

(d) Deduct any amount included in wages if the amount arises	10749
from the sale, exchange, or other disposition of a stock option,	10750
the exercise of a stock option, or the sale, exchange, or other	10751
disposition of stock purchased under a stock option and the	10752
municipal corporation has, by resolution or ordinance, exempted	10753
the amount from withholding and tax.	10754

(B) For taxable years beginning after 2003, no municipal	10755
corporation shall require any employer or any agent of any	10756
employer or any other payer, to withhold tax with respect to any	10757
amount other than qualifying wages. Nothing in this section	10758
prohibits an employer from withholding tax on a basis greater than	10759
qualifying wages.	10760

(C) An employer is not required to make any withholding with	10761
respect to an individual's disqualifying disposition of an	10762
incentive stock option if, at the time of the disqualifying	10763
disposition, the individual is not an employee of the corporation	10764
with respect to whose stock the option has been issued.	10765

(D)(1) An employee is not relieved from liability for a tax	10766
by the failure of the employer to withhold the tax as required by	10767
a municipal corporation or by the employer's exemption from the	10768
requirement to withhold the tax.	10769

(2) The failure of an employer to remit to the municipal	10770
corporation the tax withheld relieves the employee from liability	10771
for that tax unless the employee colluded with the employer in	10772
connection with the failure to remit the tax withheld.	10773

(D) Notwithstanding any agreement, settlement, or contract to	10774
the contrary, compensation deferred before the effective date of	10775
this amendment is not subject to any municipal corporation income	10776
tax or municipal income tax withholding requirement to the extent	10777
the deferred compensation does not constitute qualifying wages at	10778
the time the deferred compensation is paid or distributed.	10779

Sec. 718.05.  (A) As used in this section:

10780

(1) "Generic form" means an electronic or paper form designed	10781
for reporting estimated municipal income taxes and annual	10782
municipal income tax liability or for filing a refund claim that	10783
is not prescribed by a particular municipal corporation for the	10784
reporting of that municipal corporation's tax on income.	10785

(2) "Return preparer" means any person other than a taxpayer	10786
that is authorized by a taxpayer to complete or file an income tax	10787
return, report, or other document for or on behalf of the	10788
taxpayer.	10789

(B) A municipal corporation shall not require a taxpayer to	10790
file an annual income tax return or report prior to the filing	10791
date for the corresponding tax reporting period as prescribed for	10792
such a taxpayer under the Internal Revenue Code. For taxable years	10793
beginning after 2003, except as otherwise provided in section	10794
718.051 of the Revised Code and division (D) of this section, a	10795
municipal corporation shall not require a taxpayer to file an	10796
annual income tax return or report on any date other than the	10797
fifteenth day of the fourth month following the end of the	10798
taxpayer's taxable year.	10799

(C) On and after January 1, 2001, any municipal corporation	10800
that requires taxpayers to file income tax returns, reports, or	10801
other documents shall accept for filing a generic form of such a	10802
return, report, or document if the generic form, once completed	10803
and filed, contains all of the information required to be	10804
submitted with the municipal corporation's prescribed returns,	10805
reports, or documents, and if the taxpayer or return preparer	10806
filing the generic form otherwise complies with rules or	10807
ordinances of the municipal corporation governing the filing of	10808
returns, reports, or documents.	10809

(D) BeginningExcept as otherwise provided in section 718.051	10810
of the Revised Code, beginning January 1, 2001, any taxpayer that	10811
has requested an extension for filing a federal income tax return	10812
may request an extension for the filing of a municipal income tax	10813
return. The taxpayer shall make the request by filing a copy of	10814
the taxpayer's request for a federal filing extension with the	10815
individual or office charged with the administration of the	10816
municipal income tax. The request for extension shall be filed not	10817
later than the last day for filing the municipal income tax return	10818
as prescribed by ordinance or rule of the municipal corporation. A	10819
municipal corporation shall grant such a request for extension	10820
filed before January 1, 2004, for a period not less than the	10821
period of the federal extension request. For taxable years	10822
beginning after 2003, the extended due date of the municipal	10823
income tax return shall be the last day of the month following the	10824
month to which the due date of the federal income tax return has	10825
been extended. A municipal corporation may deny a taxpayer's	10826
request for extension only if the taxpayer fails to timely file	10827
the request, fails to file a copy of the request for the federal	10828
extension, owes the municipal corporation any delinquent income	10829
tax or any penalty, interest, assessment, or other charge for the	10830
late payment or nonpayment of income tax, or has failed to file	10831
any required income tax return, report, or other related document	10832
for a prior tax period. The granting of an extension for filing a	10833
municipal corporation income tax return does not extend the last	10834
date for paying the tax without penalty unless the municipal	10835
corporation grants an extension of that date.	10836

Sec. 718.051. (A) As used in this section, "Ohio business	10837
gateway" means the online computer network system, initially	10838
created by the department of administrative services under section	10839
125.30 of the Revised Code, that allows private businesses to	10840
electronically file business reply forms with state agencies and	10841
includes any successor electronic filing and payment system.	10842

(B) Notwithstanding section 718.05 of the Revised Code, on	10843
and after January 1, 2005, any taxpayer that is subject to any	10844
municipal corporation's tax on the net profit from a business or	10845
profession and has received an extension to file the federal	10846
income tax return shall not be required to notify the municipal	10847
corporation of the federal extension and shall not be required to	10848
file any municipal income tax return until the last day of the	10849
month to which the due date for filing the federal return has been	10850
extended, provided that, on or before the date for filing the	10851
municipal income tax return, the person notifies the tax	10852
commissioner of the federal extension through the Ohio business	10853
gateway.	10854

(C) For taxable years beginning on or after January 1, 2005,	10855
a taxpayer subject to any municipal corporation's tax on the net	10856
profit from a business or profession may file any municipal income	10857
tax return or estimated municipal income return, and may make	10858
payment of amounts shown to be due on such returns, by using the	10859
Ohio business gateway.	10860

(D)(1) As used in this division, "qualifying wages" has the	10861
same meaning as in section 718.03 of the Revised Code.	10862

(2) Any employer may report the amount of municipal income	10863
tax withheld from qualifying wages paid on or after January 1,	10864
2007, and may make remittance of such amounts, by using the Ohio	10865
business gateway.	10866

(E) Nothing in this section affects the due dates for filing	10867
employer withholding tax returns.	10868

(F) No municipal corporation shall be required to pay any fee	10869
or charge for the operation or maintenance of the Ohio business	10870
gateway.	10871

(G) The use of the Ohio business gateway by municipal	10872
corporations, taxpayers, or other persons pursuant to this section	10873
does not affect the legal rights of municipalities or taxpayers as	10874
otherwise permitted by law. This state shall not be a party to the	10875
administration of municipal income taxes or to an appeal of a	10876
municipal income tax matter, except as otherwise specifically	10877
provided by law.	10878

(H)(1) The tax commissioner shall adopt rules establishing:

10879

(a) The format of documents to be used by taxpayers to file	10880
returns and make payments through the Ohio business gateway; and	10881

(b) The information taxpayers must submit when filing	10882
municipal income tax returns through the Ohio business gateway.	10883

(2) The commissioner shall consult with the Ohio business	10884
gateway steering committee before adopting the rules described in	10885
division (H)(1) of this section.	10886

(I) Nothing in this section shall be construed as limiting or	10887
removing the ability of any municipal corporation to administer,	10888
audit, and enforce the provisions of its municipal income tax.	10889

Sec. 718.11. As used in this section, "tax administrator"	10890
means the individual charged with direct responsibility for	10891
administration of a tax levied by a municipal corporation on	10892
income.	10893

Not later than one hundred eighty days after the effective	10894
date of this section, theThe legislative authority of each	10895
municipal corporation that imposes a tax on income on that	10896
effective date shall establish by ordinancemaintain a board to	10897
hear appeals as provided in this section. The legislative	10898
authority of any municipal corporation that does not impose a tax	10899
on income on the effective date of this sectionamendment, but	10900
that imposes such a tax after that date, shall establish such a	10901
board by ordinance not later than one hundred eighty days after	10902
the tax takes effect.	10903

Whenever a tax administrator issues a decision regarding a	10904
municipal income tax obligation that is subject to appeal as	10905
provided in this section or in an ordinance or regulation of the	10906
municipal corporation, the tax administrator shall notify the	10907
taxpayer in writing at the same time of the taxpayer's right to	10908
appeal the decision and of the manner in which the taxpayer may	10909
appeal the decision.	10910

Any person who is aggrieved by a decision by the tax	10911
administrator and who has filed with the municipal corporation the	10912
required returns or other documents pertaining to the municipal	10913
income tax obligation at issue in the decision may appeal the	10914
decision to the board created pursuant to this section by filing a	10915
request with the board. The request shall be in writing, shall	10916
state why the decision should be deemed incorrect or unlawful, and	10917
shall be filed within thirty days after the tax administrator	10918
issues the decision complained of.	10919

The board shall schedule a hearing within forty-five days	10920
after receiving the request, unless the taxpayer waives a hearing.	10921
If the taxpayer does not waive the hearing, the taxpayer may	10922
appear before the board and may be represented by an attorney at	10923
law, certified public accountant, or other representative.	10924

The board may affirm, reverse, or modify the tax	10925
administrator's decision or any part of that decision. The board	10926
shall issue a final decision on the appeal within ninety days	10927
after the board's final hearing on the appeal, and send noticea	10928
copy of its final decision by ordinary mail to the petitionerall	10929
of the parties to the appeal within fifteen days after issuing the	10930
decision. The taxpayer or the tax administrator may appeal the	10931
board's decision to the board of tax appeals as provided in	10932
section 5717.011 of the Revised Code.	10933

Each board of appeal created pursuant to this section shall	10934
adopt rules governing its procedures and shall keep a record of	10935
its transactions. Such records are not public records available	10936
for inspection under section 149.43 of the Revised Code. Hearings	10937
requested by a taxpayer before a board of appeal created pursuant	10938
to this section are not meetings of a public body subject to	10939
section 121.22 of the Revised Code.	10940

Sec. 718.121. (A) Except as provided in division (B) of this	10941
section, if tax or withholding is paid to a municipal corporation	10942
on income or wages, and if a second municipal corporation imposes	10943
a tax on that income or wages after the time period allowed for a	10944
refund of the tax or withholding paid to the first municipal	10945
corporation, the second municipal corporation shall allow a	10946
nonrefundable credit, against the tax or withholding the second	10947
municipality claims is due with respect to such income or wages,	10948
equal to the tax or withholding paid to the first municipal	10949
corporation with respect to such income or wages.	10950

(B) If the tax rate in the second municipal corporation is	10951
less than the tax rate in the first municipal corporation, then	10952
the credit described in division (A) of this section shall be	10953
calculated using the tax rate in effect in the second municipal	10954
corporation.	10955

(C) Nothing in this section permits any credit carryforward.

10956

Sec. 718.14.  (A) As used in this section:

10957

(1) "Limited liability company" means a limited liability	10958
company formed under Chapter 1705. of the Revised Code or under	10959
the laws of another state.	10960

(2) "Pass-through entity" means a partnership, limited	10961
liability company, S corporation, or any other class of entity the	10962
income or profits from which are given pass-through treatment	10963
under the Internal Revenue Code, excluding an S corporation.	10964

(3) "Income from a pass-through entity" means partnership	10965
income of partners, membership interests of members of a limited	10966
liability company, distributive shares of shareholders of an S	10967
corporation, or other distributive or proportionate ownership	10968
shares of income from other pass-through entities.	10969

(4) "Owner" means a partner of a partnership, a member of a	10970
limited liability company, a shareholder of an S corporation, or	10971
other person with an ownership interest in a pass-through entity.	10972

(5) "Owner's proportionate share," with respect to each owner	10973
of a pass-through entity, means the ratio of (a) the owner's	10974
income from the pass-through entity that is subject to taxation by	10975
the municipal corporation, to (b) the total income from that	10976
entity of all owners whose income from the entity is subject to	10977
taxation by that municipal corporation.	10978

(B) On and after January 1, 2003, any municipal corporation	10979
imposing a tax that applies to income from a pass-through entity	10980
shall grant a credit to each owner who is domiciled in the	10981
municipal corporation for taxes paid to another municipal	10982
corporation by a pass-through entity that does not conduct	10983
business in the municipal corporation. The amount of the credit	10984
shall equal the lesser of the following amounts, subject to	10985
division (C) of this section:	10986

(1) The owner's proportionate share of the amount, if any, of	10987
tax paid by the pass-through entity to another municipal	10988
corporation in this state;	10989

(2) The owner's proportionate share of the amount of tax that	10990
would be imposed on the pass-through entity by the municipal	10991
corporation in which the taxpayer is domiciled if the pass-through	10992
entity conducted business in the municipal corporation.	10993

(C) If a municipal corporation grants a credit for a	10994
percentage, less than one hundred per cent, of the amount of	10995
income taxes paid on compensation by an individual who resides or	10996
is domiciled in the municipal corporation to another municipal	10997
corporation, the amount of credit otherwise required by division	10998
(B) of this section shall be multiplied by that percentage.	10999

(D) On and after January 1, 2003, any municipal corporation	11000
that imposes a tax on income of or from a pass-through entity	11001
shall specify by ordinance or rule whether the tax applies to	11002
income of the pass-through entity in the hands of the entity or to	11003
income from the pass-through entity in the hands of the owners of	11004
the entity. A municipal corporation may specify a different	11005
ordinance or rule under this division for each of the classes of	11006
pass-through entity enumerated in division (A)(2) of this section.	11007

Sec. 718.15.  A municipal corporation, by ordinance, may	11008
grant a refundable or nonrefundable credit against its tax on	11009
income to a taxpayer that also receives a tax credit under section	11010
122.17 of the Revised Code. If a credit is granted under this	11011
section, it shall be measured as a percentage of the new income	11012
tax revenue the municipal corporation derives from new employees	11013
of the taxpayer and shall be for a term not exceeding tenfifteen	11014
years. Before the municipal corporation passes an ordinance	11015
granting a credit, the municipal corporation and the taxpayer	11016
shall enter into an agreement specifying all the conditions of the	11017
credit.	11018

Sec. 718.151. A municipal corporation, by ordinance, may	11019
grant a nonrefundable credit against its tax on income to a	11020
taxpayer that also receives a tax credit under section 122.171 of	11021
the Revised Code. If a credit is granted under this section, it	11022
shall be measured as a percentage of the income tax revenue the	11023
municipal corporation derives from the retained employees of the	11024
taxpayer, and shall be for a term not exceeding tenfifteen years.	11025
Before a municipal corporation passes an ordinance allowing such a	11026
credit, the municipal corporation and the taxpayer shall enter	11027
into an agreement specifying all the conditions of the credit.	11028

Sec. 731.14.  All contracts made by the legislative authority	11029
of a village shall be executed in the name of the village and	11030
signed on its behalf by the mayor and clerk. Except where the	11031
contract is for equipment, services, materials, or supplies to be	11032
purchased under division (D) of section 713.23 or section 125.04	11033
or 5513.01 of the Revised Code or available from a qualified	11034
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	11035
Revised Code, when any expenditure, other than the compensation of	11036
persons employed thereinin the village, exceeds fifteen	11037
twenty-five thousand dollars, such contracts shall be in writing	11038
and made with the lowest and best bidder after advertising for not	11039
less than two nor more than four consecutive weeks in a newspaper	11040
of general circulation within the village. The bids shall be	11041
opened and shall be publicly read by the clerk of suchthe village	11042
or a person designated by the clerk at the time, date, and place	11043
specified in the advertisement to bidders or specifications. The	11044
time, date, and place of bid openings may be extended to a later	11045
date by the legislative authority of the village, provided that	11046
written or oral notice of the change shall be given to all persons	11047
who have received or requested specifications no later than	11048
ninety-six hours prior to the original time and date fixed for the	11049
opening. This section does not apply to those villages that have	11050
provided for the appointment of a village administrator under	11051
section 735.271 of the Revised Code.	11052

Sec. 731.141.  In those villages that have established the	11053
position of village administrator, as provided by section 735.271	11054
of the Revised Code, the village administrator shall make	11055
contracts, purchase supplies and materials, and provide labor for	11056
any work under the administrator's supervision involving not more	11057
than fifteentwenty-five thousand dollars. When an expenditure,	11058
other than the compensation of persons employed by the village,	11059
exceeds fifteentwenty-five thousand dollars, suchthe expenditure	11060
shall first be authorized and directed by ordinance of the	11061
legislative authority of the village. When so authorized and	11062
directed, except where the contract is for equipment, services,	11063
materials, or supplies to be purchased under division (D) of	11064
section 713.23 or section 125.04 or 5513.01 of the Revised Code or	11065
available from a qualified nonprofit agency pursuant to sections	11066
4115.31 to 4115.35 of the Revised Code, the village administrator	11067
shall make a written contract with the lowest and best bidder	11068
after advertisement for not less than two nor more than four	11069
consecutive weeks in a newspaper of general circulation within the	11070
village. The bids shall be opened and shall be publicly read by	11071
the village administrator or a person designated by the village	11072
administrator at the time, date, and place as specified in the	11073
advertisement to bidders or specifications. The time, date, and	11074
place of bid openings may be extended to a later date by the	11075
village administrator, provided that written or oral notice of the	11076
change shall be given to all persons who have received or	11077
requested specifications no later than ninety-six hours prior to	11078
the original time and date fixed for the opening. All contracts	11079
shall be executed in the name of the village and signed on its	11080
behalf by the village administrator and the clerk.	11081

The legislative authority of a village may provide, by	11082
ordinance, for central purchasing for all offices, departments,	11083
divisions, boards, and commissions of the village, under the	11084
direction of the village administrator, who shall make contracts,	11085
purchase supplies or materials, and provide labor for any work of	11086
the village in the manner provided by this section.	11087

Sec. 735.05.  The director of public service may make any	11088
contract, purchase supplies or material, or provide labor for any	11089
work under the supervision of the department of public service	11090
involving not more than fifteentwenty-five thousand dollars. When	11091
an expenditure within the department, other than the compensation	11092
of persons employed thereinin the department, exceeds fifteen	11093
twenty-five thousand dollars, suchthe expenditure shall first be	11094
authorized and directed by ordinance of the city legislative	11095
authority. When so authorized and directed, except where the	11096
contract is for equipment, services, materials, or supplies to be	11097
purchased under division (D) of section 713.23 or section 125.04	11098
or 5513.01 of the Revised Code or available from a qualified	11099
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	11100
Revised Code, the director shall make a written contract with the	11101
lowest and best bidder after advertisement for not less than two	11102
nor more than four consecutive weeks in a newspaper of general	11103
circulation within the city.	11104

Sec. 737.03.  The director of public safety shall manage, and	11105
make all contracts with reference to the police stations, fire	11106
houses, reform schools, infirmaries, hospitals, workhouses, farms,	11107
pesthouses, and all other charitable and reformatory institutions.	11108
In the control and supervision of those institutions, the director	11109
shall be governed by the provisions of Title VII of the Revised	11110
Code relating to those institutions.	11111

The director may make all contracts and expenditures of money	11112
for acquiring lands for the erection or repairing of station	11113
houses, police stations, fire department buildings, fire cisterns,	11114
and plugs, that are required, for the purchase of engines,	11115
apparatus, and all other supplies necessary for the police and	11116
fire departments, and for other undertakings and departments under	11117
the director's supervision, but no obligation involving an	11118
expenditure of more than fifteentwenty-five thousand dollars	11119
shall be created unless first authorized and directed by	11120
ordinance. In making, altering, or modifying those contracts, the	11121
director shall be governed by sections 735.05 to 735.09 of the	11122
Revised Code, except that all bids shall be filed with and opened	11123
by the director. The director shall make no sale or disposition of	11124
any property belonging to the city without first being authorized	11125
by resolution or ordinance of the city legislative authority.	11126

Sec. 753.22.  (A) The director of public safety or the joint	11127
board established pursuant to section 753.15 of the Revised Code	11128
may establish a commissary for the workhouse. The commissary may	11129
be established either in-house or by another arrangement. If a	11130
commissary is established, all persons incarcerated in the	11131
workhouse shall receive commissary privileges. A person's	11132
purchases from the commissary shall be deducted from the person's	11133
account record in the workhouse's business office. The commissary	11134
shall provide for the distribution to indigent persons	11135
incarcerated in the workhouse necessary hygiene articles and	11136
writing materials.	11137

(B) If a commissary is established, the director of public	11138
safety or the joint board established pursuant to section 753.15	11139
of the Revised Code shall establish a commissary fund for the	11140
workhouse. The management of funds in the commissary fund shall be	11141
strictly controlled in accordance with procedures adopted by the	11142
auditor of state. Commissary fund revenue over and above operating	11143
costs and reserve shall be considered profits. All profits from	11144
the commissary fund shall be used to purchase supplies and	11145
equipment for the benefit of persons incarcerated in the workhouse	11146
and to pay salary and benefits for employees of the workhouse, or	11147
for any other persons, who work in or are employed for the sole	11148
purpose of providing service to the commissary. The director of	11149
public safety or the joint board established pursuant to section	11150
753.15 of the Revised Code shall adopt rules and regulations for	11151
the operation of any commissary fund the director or the joint	11152
board establishes.	11153

Sec. 901.17. (A) The division of markets shallmay do all of	11154
the following:	11155

(1)(A) Investigate the cost of production and marketing in	11156
all its phases;	11157

(2)(B) Gather and disseminate information concerning supply,	11158
demand, prevailing prices, and commercial movements, including	11159
common and cold storage of food products, and maintain market news	11160
service for disseminating such information;	11161

(3)(C) Promote, assist, and encourage the organization and	11162
operation of cooperative and other associations and organizations	11163
for improving the relations and services among producers,	11164
distributors, and consumers of food products;	11165

(4)(D) Investigate the practice, methods, and any specific	11166
transaction of commission merchants and others who receive,	11167
solicit, buy, or handle on commission or otherwise, food products;	11168

(5)(E) Act as mediator or arbitrator, when invited, in any	11169
controversy or issue that arises between producers and	11170
distributors and that affects the interest of the consumer;	11171

(6)(F) Act on behalf of the consumers in conserving and	11172
protecting their interests in every practicable way against	11173
excessive prices;	11174

(7)(G) Act as market adviser for producers and distributors,	11175
assisting them in economical and efficient distribution of good	11176
products at fair prices;	11177

(8)(H) Encourage the establishment of retail municipal	11178
markets and develop direct dealing between producers and	11179
consumers;	11180

(9)(I) Encourage the consumption of Ohio-grown products	11181
within the state, nationally, and internationally, and inspect and	11182
determine the grade and condition of farm produce, both at	11183
collecting and receiving centers within the state;	11184

(10)(J) Take such means and use such powers, relative to	11185
shipment, transportation, and storage of foodstuffs of any kind,	11186
as are necessary, advisable, or desirable in case of an emergency	11187
creating or threatening to create a scarcity of food within the	11188
state;	11189

(K) Participate in trade missions between states and foreign	11190
countries in order to encourage the sale and promotion of	11191
Ohio-grown products.	11192

(B)(1) The director of agriculture shall adopt and may amend	11193
schedules of fees to be charged for inspecting farm produce at	11194
collecting and receiving centers or such other services as may be	11195
rendered under this section. All such fees shall be made with a	11196
view to the minimum cost and to make this branch of the department	11197
of agriculture self-sustaining.	11198

The fees shall be deposited in the state treasury and	11199
credited to the inspection fund, which is hereby created, for use	11200
in carrying out the purposes of this section. All investment	11201
earnings of the inspection fund shall be credited to the fund. If,	11202
in any year, the balance in the inspection fund is not sufficient	11203
to meet the expenses incurred pursuant to this section, the	11204
deficit shall be paid from funds appropriated for the use of the	11205
department.	11206

(2) The director may adopt a schedule of fees to be charged	11207
for inspecting any agricultural product for the purposes of the	11208
issuance of an export certificate, as may be required by the	11209
United States department of agriculture or foreign purchasers.	11210
Such fees shall be credited to the general revenue fund.	11211

Sec. 901.21.  (A) As used in this section and section 901.22	11212
of the Revised Code:	11213

(1) "Agricultural easement" has the same meaning as in	11214
section 5301.67 of the Revised Code.	11215

(2) "Agriculture" means those activities occurring on land	11216
devoted exclusively to agricultural use, as defined in section	11217
5713.30 of the Revised Code, or on land that constitutes a	11218
homestead.	11219

(3) "Homestead" means the portion of a farm on which is	11220
located a dwelling house, yard, or outbuildings such as a barn or	11221
garage.	11222

(B) The director of agriculture may acquire real property	11223
used predominantly in agriculture and agricultural easements by	11224
gift, devise, or bequest if, at the time an easement is granted,	11225
such an easement is on land that is valued for purposes of real	11226
property taxation at its current value for agricultural use under	11227
section 5713.31 of the Revised Code or that constitutes a	11228
homestead. Any terms may be included in an agricultural easement	11229
so acquired that are necessary or appropriate to preserve on	11230
behalf of the grantor of the easement the favorable tax	11231
consequences of the gift, devise, or bequest under the "Internal	11232
Revenue Act of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	11233
The director, by any such means or by purchase or lease, may	11234
acquire, or acquire the use of, stationary personal property or	11235
equipment that is located on land acquired in fee by the director	11236
under this section and that is necessary or appropriate for the	11237
use of the land predominantly in agriculture.	11238

(C) The director may do all things necessary or appropriate	11239
to retain the use of real property acquired in fee under division	11240
(B) of this section predominantly in agriculture, including,	11241
without limitation, performing any of the activities described in	11242
division (A)(1) or (2) of section 5713.30 of the Revised Code or	11243
entering into contracts to lease or rent the real property so	11244
acquired to persons or governmental entities that will use the	11245
land predominantly in agriculture.	11246

(D)(1) When the director considers it to be necessary or	11247
appropriate, the director may sell real property acquired in fee,	11248
and stationary personal property or equipment acquired by gift,	11249
devise, bequest, or purchase, under division (B) of this section	11250
on such terms as the director considers to be advantageous to this	11251
state.	11252

(2) An agricultural easement acquired under division (B) of	11253
this section may be extinguished under the circumstances	11254
prescribed, and in accordance with the terms and conditions set	11255
forth, in the instrument conveying the agricultural easement.	11256

(E) There is hereby created in the state treasury the	11257
agricultural easement purchase fund. The fund shall consist of the	11258
proceeds received from the sale of real and personal property	11259
under division (D) of this section; moneys received due to the	11260
extinguishment of agricultural easements acquired by the director	11261
under division (B) of this section or section 5301.691 of the	11262
Revised Code; moneys received due to the extinguishment of	11263
agricultural easements purchased with the assistance of matching	11264
grants made under section 901.22 of the Revised Code; gifts,	11265
bequests, devises, and contributions received by the director for	11266
the purpose of acquiring agricultural easements; and grants	11267
received from public or private sources for the purpose of	11268
purchasing agricultural easements. The fund shall be administered	11269
by the director, and moneys in the fund shall be used by the	11270
director exclusively to purchase agricultural easements under	11271
division (A) of section 5301.691 of the Revised Code and provide	11272
matching grants under section 901.22 of the Revised Code to	11273
municipal corporations, counties, townships, soil and water	11274
conservation districts established under Chapter 1515. of the	11275
Revised Code, and charitable organizations described in division	11276
(B) of section 5301.69 of the Revised Code for the purchase of	11277
agricultural easements. Money in the fund shall be used only to	11278
purchase agricultural easements on land that is valued for	11279
purposes of real property taxation at its current value for	11280
agricultural use under section 5713.31 of the Revised Code or that	11281
constitutes a homestead when the easement is purchased.	11282

(F) There is hereby created in the state treasury the clean	11283
Ohio agricultural easement fund. Twelve and one-half per cent of	11284
net proceeds of obligations issued and sold pursuant to sections	11285
151.01 and 151.09 of the Revised Code shall be deposited into the	11286
fund. The fund shall be used by the director for the purposes of	11287
sections 901.21 andthis section, section 901.22 of the Revised	11288
Code, and the provisions of sections 5301.67 to 5301.70 of the	11289
Revised Code governing agricultural easements. Investment earnings	11290
of the fund shall be credited to the fund. For two years after the	11291
effective date of this amendment, investment earnings credited to	11292
the fundand may be used to pay costs incurred by the director in	11293
administering those sections and provisions.	11294

(G) The term of an agricultural easement purchased wholly or	11295
in part with money from the clean Ohio agricultural easement fund	11296
or the agricultural easement purchase fund shall be perpetual and	11297
shall run with the land.	11298

Sec. 901.22.  (A) The director of agriculture, in accordance	11299
with Chapter 119. of the Revised Code, shall adopt rules that do	11300
all of the following:	11301

(1) Establish procedures and eligibility criteria for making	11302
matching grants to municipal corporations, counties, townships,	11303
soil and water conservation districts established under Chapter	11304
1515. of the Revised Code, and charitable organizations described	11305
in division (B) of section 5301.69 of the Revised Code for the	11306
purchase of agricultural easements. With respect to agricultural	11307
easements that are purchased or proposed to be purchased with such	11308
matching grants that consist in whole or in part of moneys from	11309
the clean Ohio agricultural easement fund created in section	11310
901.21 of the Revised Code, the rules shall establish all of the	11311
following:	11312

(a) Procedures for all of the following:

11313

(i) Soliciting and accepting applications for matching	11314
grants;	11315

(ii) Participation by local governments and by the public in	11316
the process of making matching grants to charitable organizations;	11317

(iii) Notifying local governments, charitable organizations,	11318
and organizations that represent the interests of farmers of the	11319
ranking system established in rules adopted under division	11320
(A)(1)(b) of this section.	11321

(b) A ranking system for applications for the matching grants	11322
that is based on the soil type, proximity of the land or other	11323
land that is conducive to agriculture as defined by rules adopted	11324
under this section and that is the subject of an application to	11325
other agricultural land or other land that is conducive to	11326
agriculture as defined by rules adopted under this section and	11327
that is already or is in the process of becoming permanently	11328
protected from development, farm stewardship, development	11329
pressure, and, if applicable, a local comprehensive land use plan	11330
involved with a proposed agricultural easement. The rules shall	11331
require that preference be given to proposed agricultural	11332
easements that involve the greatest proportion of all of the	11333
following:	11334

(i) Prime soils, unique or locally important soils,	11335
microclimates, or similar features;	11336

(ii) Land that is adjacent to or that is in close proximity	11337
to other agricultural land or other land that is conducive to	11338
agriculture as defined by rules adopted under this section and	11339
that is already or is in the process of becoming permanently	11340
protected from development, by agricultural easement or otherwise,	11341
so that a buffer would exist between the land involving the	11342
proposed agricultural easement and areas that have been developed	11343
or likely will be developed for purposes other than agriculture;	11344

(iii) The use of best management practices, including	11345
federally or state approved conservation plans, and a history of	11346
substantial compliance with applicable federal and state laws;	11347

(iv) Development pressure that is imminent, but not a result	11348
of current location in the direct path of urban development;	11349

(v) Areas identified for agricultural protection in local	11350
comprehensive land use plans.	11351

(c) Any other criteria that the director determines are	11352
necessary for selecting applications for matching grants;	11353

(d) Requirements regarding the information that must be	11354
included in the annual monitoring report that must be prepared for	11355
an agricultural easement under division (D)(E)(2) of section	11356
5301.691 of the Revised Code, procedures for submitting a copy of	11357
the report to the office of farmland preservation in the	11358
department of agriculture, and requirements and procedures	11359
governing corrective actions that may be necessary to enforce the	11360
terms of the agricultural easement.	11361

(2) Establish provisions that shall be included in the	11362
instrument conveying to a municipal corporation, county, township,	11363
soil and water conservation district, or charitable organization	11364
any agricultural easement purchased with matching grant funds	11365
provided by the director under this section, including, without	11366
limitation, all of the following provisions:	11367

(a) A provision stating that an easement so purchased may be	11368
extinguished only if an unexpected change in the conditions of or	11369
surrounding the land that is subject to the easement makes	11370
impossible or impractical the continued use of the land for the	11371
purposes described in the easement, or if the requirements of the	11372
easement are extinguished by judicial proceedings;	11373

(b) A provision requiring that, upon the sale, exchange, or	11374
involuntary conversion of the land subject to the easement, the	11375
holder of the easement shall be paid an amount of money that is at	11376
least equal to the proportionate value of the easement compared to	11377
the total value of the land at the time the easement was acquired;	11378

(c) A provision requiring that, upon receipt of the portion	11379
of the proceeds of a sale, exchange, or involuntary conversion	11380
described in division (A)(2)(b) of this section, the municipal	11381
corporation, county, township, soil and water conservation	11382
district, or charitable organization remit to the director an	11383
amount of money equal to the percentage of the cost of purchasing	11384
the easement it received as a matching grant under this section.	11385

Moneys received by the director pursuant to rules adopted	11386
under division (A)(2)(c) of this section shall be credited to the	11387
agricultural easement purchase fund created in section 901.21 of	11388
the Revised Code.	11389

(3) Establish a provision that provides a charitable	11390
organization described in division (B) of section 5301.69 of the	11391
Revised Code, municipal corporation, township, or county, or soil	11392
and water conservation district with the option of purchasing	11393
agricultural easements either in installments or with a lump sum	11394
payment. The rules shall include a requirement that a charitable	11395
organization, municipal corporation, township, or county, or soil	11396
and water conservation district negotiate with the seller of the	11397
agricultural easement concerning any installment payment terms,	11398
including the dates and amounts of payments and the interest rate	11399
on the outstanding balance. The rules also shall require the	11400
director to approve any method of payment that is undertaken in	11401
accordance with the rules adopted under division (A)(3) of this	11402
section.	11403

(4) Establish any other requirements that the director	11404
considers to be necessary or appropriate to implement or	11405
administer a program to make matching grants under this section	11406
and monitor those grants.	11407

(B) The director may develop guidelines regarding the	11408
acquisition of agricultural easements by the department of	11409
agriculture and the provisions of instruments conveying those	11410
easements. The director may make the guidelines available to	11411
public and private entities authorized to acquire and hold	11412
agricultural easements.	11413

(C) The director may provide technical assistance in	11414
developing a program for the acquisition and monitoring of	11415
agricultural easements to public and private entities authorized	11416
to hold agricultural easements. The technical assistance may	11417
include, without limitation, reviewing and providing advisory	11418
recommendations regarding draft instruments conveying agricultural	11419
easements.	11420

(D) The director may make matching grants from the	11421
agricultural easement purchase fund and the clean Ohio	11422
agricultural easement fund to municipal corporations, counties,	11423
townships, soil and water conservation districts, and charitable	11424
organizations described in division (B) of section 5301.69 of the	11425
Revised Code, to assist those political subdivisions and	11426
charitable organizations in purchasing agricultural easements.	11427
Application for a matching grant shall be made on forms prescribed	11428
and provided by the director. The matching grants shall be made in	11429
compliance with the criteria and procedures established in rules	11430
adopted under this section. Instruments conveying agricultural	11431
easements purchased with matching grant funds provided under this	11432
section, at a minimum, shall include the mandatory provisions set	11433
forth in those rules.	11434

Matching grants made under this division using moneys from	11435
the clean Ohio agricultural easement fund created in section	11436
901.21 of the Revised Code may provide up to seventy-five per cent	11437
of the value of an agricultural easement as determined by a	11438
general real estate appraiser who is certified under Chapter 4763.	11439
of the Revised Code or as determined through a points based	11440
appraisal system that is recommended by the director. The method	11441
of appraisal that is used shall be determined by the director. Not	11442
less than twenty-five per cent of the value of the agricultural	11443
easement shall be provided by the recipient of the matching grant	11444
or donated by the person who is transferring the easement to the	11445
grant recipient. The amount of such a matching grant used for the	11446
purchase of a single agricultural easement shall not exceed one	11447
million dollars.	11448

(E) For any agricultural easement purchased with a matching	11449
grant that consists in whole or in part of moneys from the clean	11450
Ohio agricultural easement fund, the director shall be named as a	11451
grantee on the instrument conveying the easement, as shall the	11452
municipal corporation, county, township, soil and water	11453
conservation district, or charitable organization that receives	11454
the grant.	11455

(F)(1) The director shall monitor and evaluate the	11456
effectiveness and efficiency of the agricultural easement program	11457
as a farmland preservation tool. On or before July 1, 1999, and	11458
the first day of July of each year thereafter, the director shall	11459
prepare and submit a report to the chairpersons of the standing	11460
committees of the senate and the house of representatives that	11461
consider legislation regarding agriculture. The report shall	11462
consider and address the following criteria to determine the	11463
program's effectiveness:	11464

(a) The number of agricultural easements purchased during the	11465
preceding year;	11466

(b) The location of those easements;

11467

(c) The number of acres of land preserved for agricultural	11468
use;	11469

(d) The amount of money used by a municipal corporation,	11470
township, or county, or soil and water conservation district from	11471
its general fund or specialany fund to purchase the agricultural	11472
easements;	11473

(e) The number of state matching grants given to purchase the	11474
agricultural easements;	11475

(f) The amount of state matching grant moneys used to	11476
purchase the agricultural easements.	11477

(2) The report also shall consider and include, at a minimum,	11478
the following information for each county to determine the	11479
program's efficiency:	11480

(a) The total number of acres in the county;

11481

(b) The total number of acres in current agricultural use;

11482

(c) The total number of acres preserved for agricultural use	11483
in the preceding year;	11484

(d) The average cost, per acre, of land preserved for	11485
agricultural use in the preceding year.	11486

Sec. 901.63.  (A) The agricultural financing commission shall	11487
do both of the following until July 1, 2003October 15, 2005:	11488

(1) Make recommendations to the director of agriculture about	11489
financial assistance applications made pursuant to sections 901.80	11490
to 901.83 of the Revised Code. In making its recommendations, the	11491
commission shall utilize criteria established by rules adopted	11492
under division (A)(8)(b) of section 901.82 of the Revised Code.	11493

(2) Advise the director in the administration of sections	11494
901.80 to 901.83 of the Revised Code.	11495

With respect to sections 901.80 to 901.83 of the Revised	11496
Code, the role of the commission is solely advisory. No officer,	11497
member, or employee of the commission is liable for damages in a	11498
civil action for any injury, death, or loss to person or property	11499
that allegedly arises out of purchasing any loan or providing a	11500
loan guarantee, failure to purchase a loan or provide a loan	11501
guarantee, or failure to take action under sections 901.80 to	11502
901.83 of the Revised Code, or that allegedly arises out of any	11503
act or omission of the department of agriculture that involves	11504
those sections.	11505

(B) The commission may:

11506

(1) Adopt bylaws for the conduct of its business;

11507

(2) Exercise all rights, powers, and duties conferred on the	11508
commission as an issuer under Chapter 902. of the Revised Code;	11509

(3) Contract with, retain, or designate financial	11510
consultants, accountants, and such other consultants and	11511
independent contractors as the commission may determine to be	11512
necessary or appropriate to carry out the purposes of this chapter	11513
and to fix the terms of those contracts;	11514

(4) Undertake and carry out or authorize the completion of	11515
studies and analyses of agricultural conditions and needs within	11516
the state relevant to the purpose of this chapter to the extent	11517
not otherwise undertaken by other departments or agencies of the	11518
state satisfactory for that purpose;	11519

(5) Acquire by gift, purchase, foreclosure, or other means,	11520
and hold, assign, pledge, lease, transfer, or otherwise dispose	11521
of, real and personal property, or any interest in that real and	11522
personal property, in the exercise of its powers and the	11523
performance of its duties under this chapter and Chapter 902. of	11524
the Revised Code;	11525

(6) Receive and accept gifts, grants, loans, or any other	11526
financial or other form of aid from any federal, state, local, or	11527
private agency or fund and enter into any contract with any such	11528
agency or fund in connection therewith, and receive and accept aid	11529
or contributions from any other source of money, property, labor,	11530
or things of value, to be held, used, and applied only for the	11531
purposes for which the grants and contributions are made, all	11532
within the purposes of this chapter and Chapter 902. of the	11533
Revised Code;	11534

(7) Sue and be sued in its own name with respect to its	11535
contracts or to enforce this chapter or its obligations or	11536
covenants made under this chapter and Chapter 902. of the Revised	11537
Code;	11538

(8) Make and enter into all contracts, commitments, and	11539
agreements, and execute all instruments necessary or incidental to	11540
the performance of its duties and the execution of its powers	11541
under this chapter and Chapter 902. of the Revised Code;	11542

(9) Adopt an official seal;

11543

(10) Do any and all things necessary or appropriate to carry	11544
out the public purposes and exercise the powers granted to the	11545
commission in this chapter and Chapter 902. of the Revised Code	11546
and the public purposes of Section 13 of Article VIII, Ohio	11547
Constitution.	11548

Any instrument by which real property is acquired pursuant to	11549
this section shall identify the agency of the state that has the	11550
use and benefit of the real property as specified in section	11551
5301.012 of the Revised Code.	11552

Sec. 901.85. There is hereby created in the state treasury	11553
the farm service agency electronic filing fund, which shall	11554
consist of money reimbursed to the fund by the farm service agency	11555
in the United States department of agriculture together with any	11556
money appropriated to the fund by the general assembly. The	11557
director of agriculture shall use money credited to the fund to	11558
pay the secretary of state for fees that the secretary of state	11559
charges in advance for the electronic filing by the farm service	11560
agency of financing statements related to agricultural loans that	11561
the farm service agency disburses.	11562

Sec. 902.11.  (A) Any real or personal property, or both, of	11563
an issuer whichthat is acquired, constructed, reconstructed,	11564
enlarged, improved, furnished, or equipped, or any combination	11565
thereof, and leased or subleased under authority of this chapter	11566
shall be subject to ad valorem, sales, use, and franchise taxes	11567
and to zoning, planning, and building regulations and fees, to the	11568
same extent and in the same manner as if the lessee-user or	11569
sublessee-user thereof, rather than the issuer, had acquired,	11570
constructed, reconstructed, enlarged, improved, furnished, or	11571
equipped, or any combination thereof, such real or personal	11572
property, and title thereto was in the name of such lessee-user or	11573
sublessee-user.	11574

The transfer of tangible personal property by lease or	11575
sublease under authority of this chapter is not a sale as used in	11576
Chapter 5739. of the Revised Code. The exemptions provided in	11577
divisions (B)(1) and (14)(13) of section 5739.02 of the Revised	11578
Code shall not be applicable to purchases for a project under this	11579
chapter.	11580

An issuer shall be exempt from all taxes on its real or	11581
personal property, or both, which has been acquired, constructed,	11582
reconstructed, enlarged, improved, furnished, or equipped, or any	11583
combination thereof, under this chapter so long as such property	11584
is used by the issuer for purposes which would otherwise exempt	11585
such property; has ceased to be used by a former lessee-user or	11586
sublessee-user and is not occupied or used; or has been acquired	11587
by the issuer but development has not yet commenced. The exemption	11588
shall be effective as of the date the exempt use begins. All taxes	11589
on the exempt real or personal property for the year should be	11590
prorated and the taxes for the exempt portion of the year shall be	11591
remitted by the county auditor.	11592

(B) Bonds issued under this chapter, the transfer thereof,	11593
and the interest and other income from the bonds, including any	11594
profit made on the sale thereof, are free from taxation within the	11595
state.	11596

Sec. 921.151.  The pesticide program fund is hereby created	11597
in the state treasury. AllThe portion of the money in the fund	11598
that is collected under this chapter shall be used to carry out	11599
the purposes of this chapter. The portion of the money in the fund	11600
that is collected under section 927.53 of the Revised Code shall	11601
be used to carry out the purposes specified in that section, the	11602
portion of the money in the fund that is collected under section	11603
927.69 of the Revised Code shall be used to carry out the purposes	11604
specified in that section, and the portion of the money in the	11605
fund that is collected under section 927.701 of the Revised Code	11606
shall be used to carry out the purposes of that section. The fund	11607
shall consist of fees collected under sections 921.01 to 921.15,	11608
division (F) of section 927.53, and section 927.69 of the Revised	11609
Code, money collected under section 927.701 of the Revised Code,	11610
and all fines, penalties, costs, and damages, except court costs,	11611
whichthat are collected by either the director of agriculture or	11612
the attorney general in consequence of any violation of sections	11613
921.01 to 921.29 of the Revised Code. Not later than the thirtieth	11614
day of June of each year, the director of budget and management	11615
shall determine whether the amount credited to the pesticide	11616
program fund under this chapter is in excess of the amount	11617
necessary to meet the expenses of the director of agriculture in	11618
administering this chapter and shall transfer any such excess from	11619
the pesticide program fund to the general revenue fund.	11620

Sec. 927.53.  (A) Each collector or dealer who sells, offers,	11621
or exposes for sale, or distributes nursery stock within this	11622
state, or ships nursery stock to other states, shall pay an annual	11623
license fee of fifty dollars to the director of agriculture for	11624
each place of business hethe collector or dealer operates.	11625

(B)(1) Each dealer shall furnish the director, annually, an	11626
affidavit that hethe dealer will buy and sell only nursery stock	11627
which has been inspected and certified by an official state or	11628
federal inspector.	11629

(2) Each dealer's license expires on the thirty-first day of	11630
December of each year. Each licensed dealer shall apply for	11631
renewal of histhe dealer's license prior to the first day of	11632
January of each year and in accordance with the standard renewal	11633
procedure of sections 4745.01 to 4745.03 of the Revised Code.	11634

(C) Each licensed nurserymannurseryperson shall post	11635
conspicuously in histhe nurseryperson's principal place of	11636
business, the certificate which is issued to himthe nurseryperson	11637
in accordance with section 927.61 of the Revised Code.	11638

(D) Each licensed nurserymannurseryperson, or dealer, shall	11639
post conspicuously in each place of business, each certificate or	11640
license which is issued to himthe nurseryperson or dealer in	11641
compliance with this section or section 927.61 of the Revised	11642
Code.	11643

(E)(1) Each nurserymannurseryperson who produces, sells,	11644
offers for sale, or distributes woody nursery stock within the	11645
state, or ships woody nursery stock to other states, shall pay to	11646
the director an annual inspection fee of fifty dollars plus four	11647
dollars per acre, or fraction thereof, of growing nursery stock in	11648
intensive production areas and two dollars per acre, or fraction	11649
thereof, of growing nursery stock in nonintensive production	11650
areas, as applicable.	11651

(2) Each nurserymannurseryperson who limits his production	11652
and sales of nursery stock to brambles, herbaceous, perennial, and	11653
other nonwoody plants, shall pay to the director an inspection fee	11654
of thirty dollars, plus four dollars per acre, or fraction	11655
thereof, of growing nursery stock in intensive and nonintensive	11656
production areas.	11657

(F) On and after the effective date of this amendment, the	11658
following additional fees shall be assessed:	11659

(1) Each collector or dealer who pays a fee under division	11660
(A) of this section shall pay an additional fee of twenty-five	11661
dollars.	11662

(2) Each nurseryperson who pays fees under division (E)(1) of	11663
this section shall pay additional fees as follows:	11664

(a) Fifteen dollars for the inspection fee;

11665

(b) Fifty cents per acre, or fraction thereof, of growing	11666
nursery stock in intensive production areas;	11667

(c) One dollar and fifty cents per acre, or fraction thereof,	11668
of growing nursery stock in nonintensive production areas.	11669

(3) Each nursery person who pays fees under division (E)(2)	11670
of this section shall pay additional fees as follows:	11671

(a) Thirty-five dollars for the inspection fee;

11672

(b) Fifty cents per acre, or fraction thereof, of growing	11673
stock in intensive and nonintensive production areas.	11674

The fees collected under division (F) of this section shall	11675
be deposited into the state treasury to the credit of the	11676
pesticide program fund created in Chapter 921. of the Revised	11677
Code. Moneys so credited to the fund shall be used to pay the	11678
costs incurred by the department of agriculture in administering	11679
this chapter, including employing a minimum of two additional	11680
inspectors.	11681

Sec. 927.69.  To effect the purpose of sections 927.51 to	11682
927.74, inclusive, of the Revised Code, the director of	11683
agriculture, or histhe director's authorized representative, may:	11684

(A) Make reasonable inspection of any premises in this state	11685
and any property therein or thereon;	11686

(B) Stop and inspect in a reasonable manner, any means of	11687
conveyance moving within this state upon probable cause to believe	11688
it contains or carries any pest, host, commodity, or other article	11689
whichthat is subject to sections 927.51 to 927.72, inclusive, of	11690
the Revised Code;	11691

(C) Conduct inspections of agricultural products that are	11692
required by other states, the United States department of	11693
agriculture, other federal agencies, or foreign countries to	11694
determine whether the products are infested. If, upon making such	11695
an inspection, the director or the director's authorized	11696
representative determines that an agricultural product is not	11697
infested, the director or the director's authorized representative	11698
may issue a certificate, as required by other states, the United	11699
States department of agriculture, other federal agencies, or	11700
foreign countries, indicating that the product is not infested.	11701

If the director charges fees for any of the certificates,	11702
agreements, or inspections specified in this section, the fees	11703
shall be as follows:	11704

(1) Phyto sanitary certificates, twenty-five dollars;

11705

(2) Compliance agreements, twenty dollars;

11706

(3) Solid wood packing certificates, twenty dollars;

11707

(4) Agricultural products and their conveyances inspections,	11708
sixty-five dollars.	11709

The director may adopt rules under section 927.52 of the	11710
Revised Code that define the certificates, agreements, and	11711
inspections.	11712

The fees shall be deposited into the state treasury to the	11713
credit of the pesticide program fund created in Chapter 921. of	11714
the Revised Code. Money credited to the fund shall be used to pay	11715
the costs incurred by the department of agriculture in	11716
administering this chapter, including employing a minimum of two	11717
additional inspectors.	11718

Sec. 927.701.  (A) As used in this section, "gypsy moth"	11719
means the live insect, Lymantria dispar, in any stage of	11720
development.	11721

(B) The director of agriculture may establish a voluntary	11722
gypsy moth suppression program under which a landowner may request	11723
that the department of agriculture have the landowner's property	11724
aerially sprayed to suppress the presence of gypsy moths in	11725
exchange for payment from the landowner of a portion of the cost	11726
of the spraying. To determine the amount of payment that is due	11727
from a landowner, the department first shall determine the	11728
projected cost per acre to the department of gypsy moth	11729
suppression activities for the year in which the landowner's	11730
request is made. The cost shall be calculated by determining the	11731
total expense of aerial spraying for gypsy moths to be incurred by	11732
the department in that year divided by the total number of acres	11733
proposed to be sprayed in that year. With respect to a landowner,	11734
the department shall multiply the cost per acre by the number of	11735
acres that the landowner requests to be sprayed. The department	11736
shall add to that amount any administrative costs that it incurs	11737
in billing the landowner and collecting payment. The amount that	11738
the landowner shall pay to the department shall not exceed fifty	11739
per cent of the resulting amount.	11740

(C) The director shall adopt rules under Chapter 119. of the	11741
Revised Code to establish procedures under which a landowner may	11742
make a request under division (B) of this section and to establish	11743
provisions governing agreements between the department and	11744
landowners concerning gypsy moth suppression together with any	11745
other provisions that the director considers appropriate to	11746
administer this section.	11747

(D) The director shall deposit all money collected under this	11748
section into the state treasury to the credit of the pesticide	11749
program fund created in Chapter 921. of the Revised Code. Money	11750
credited to the fund under this section shall be used for the	11751
suppression of gypsy moths in accordance with this section.	11752

Sec. 929.01.  As used in Chapter 929. of the Revised Code	11753
this chapter:	11754

(A) "Agricultural production" means commercial aquaculture,	11755
apiculture, animal husbandry, or poultry husbandry; the production	11756
for a commercial purpose of timber, field crops, tobacco, fruits,	11757
vegetables, nursery stock, ornamental shrubs, ornamental trees,	11758
flowers, or sod; the growth of timber for a noncommercial purpose,	11759
if the land on which the timber is grown is contiguous to or part	11760
of a parcel of land under common ownership that is otherwise	11761
devoted exclusively to agricultural use; or any combination of	11762
such husbandry, production, or growth; and includes the	11763
processing, drying, storage, and marketing of agricultural	11764
products when those activities are conducted in conjunction with	11765
such husbandry, production, or growth.	11766

"Agricultural production" includes conservation practices,	11767
provided that the tracts, lots, or parcels of land or portions	11768
thereof that are used for conservation practices comprise not more	11769
than twenty-five per cent of tracts, lots, or parcels of land that	11770
are otherwise devoted exclusively to agricultural use and for	11771
which an application is filed under section 929.02 of the Revised	11772
Code.	11773

(B) "Withdrawal from an agricultural district" includes the	11774
explicit removal of land from an agricultural district, conversion	11775
of land in an agricultural district to use for purposes other than	11776
agricultural production, and withdrawal of land from a land	11777
retirement or conservation program to use for pusposespurposes	11778
other than agricultural production. Withdrawal from an	11779
agricultural district does not include land described in division	11780
(A)(4) of section 5713.30 of the Revised Code.	11781

(C) "Conservation practice" has the same meaning as in	11782
section 5713.30 of the Revised Code.	11783

Sec. 955.51.  (A) Any owner of horses, sheep, cattle, swine,	11784
mules, goats, domestic rabbits, or domestic fowl or poultry that	11785
have an aggregate fair market value of ten dollars or more and	11786
that have been injured or killed by a coyote or a black vulture	11787
shall notify the dog warden within three days after the loss or	11788
injury has been discovered. The dog warden promptly shall	11789
investigate the loss or injury and shall determine whether or not	11790
the loss or injury was made by a coyote or a black vulture. If the	11791
dog warden finds that the loss or injury was not made by a coyote	11792
or a black vulture, the owner has no claim under sections 955.51	11793
to 955.53 of the Revised Code. If the dog warden finds that the	11794
loss or injury was made by a coyote or a black vulture, hethe dog	11795
warden promptly shall notify the wildlife officer of that finding.	11796
The wildlife officer then shall confirm the finding, disaffirm it,	11797
or state that hethe wildlife officer is uncertain about the	11798
finding. If the wildlife officer affirms the finding of the dog	11799
warden or states that hethe wildlife officer is uncertain about	11800
that finding, the owner may proceed with hisa claim under	11801
sections 955.51 to 955.53 of the Revised Code, and the dog warden	11802
shall provide the owner with duplicate copies of the claim form	11803
provided for in section 955.53 of the Revised Code and assist him	11804
the owner in filling it out. The owner shall set forth the kind,	11805
grade, quality, and what hethe owner has determined is the fair	11806
market value of the animals, fowl, or poultry, the nature and	11807
amount of the loss or injury, the place where the loss or injury	11808
occurred, and all other pertinent facts in the possession of the	11809
claimant. If the animals, fowl, or poultry die as a result of	11810
their injuries, their fair market value is the market value of	11811
uninjured animals, fowl, or poultry on the date of the death of	11812
the injured animals, fowl, or poultry. If the animals, fowl, or	11813
poultry do not die as a result of their injuries, their fair	11814
market value is their market value on the date on which they	11815
received their injuries.	11816

(B) If the dog warden finds all the statements that the owner	11817
made on the form to be correct and agrees with the owner as to the	11818
fair market value of the animals, fowl, or poultry, hethe dog	11819
warden promptly shall so certify and send both copies of the form,	11820
together with whatever other documents, testimony, or information	11821
hethe dog warden has received relating to the loss or injury, to	11822
the department of agriculture.	11823

(C) If the dog warden does not find all the statements to be	11824
correct or does not agree with the owner as to the fair market	11825
value, the owner may appeal to the department of agriculture for a	11826
determination of histhe owner's claim. In that case the owner	11827
shall secure statements as to the nature and amount of the loss or	11828
injury from at least two witnesses who viewed the results of the	11829
killing or injury and who can testify about the results and shall	11830
submit both copies of the form to the department no later than	11831
twenty days after the loss or injury was discovered. The dog	11832
warden shall submit to the department whatever documents,	11833
testimony, and other information hethe dog warden has received	11834
relating to the loss or injury. The department shall receive any	11835
other information or testimony that will enable it to determine	11836
the fair market value of the animals, fowl, or poultry injured or	11837
killed.	11838

(D) If the animals, fowl, or poultry described in division	11839
(A) of this section are registered in any accepted association or	11840
registry, the owner or histhe owner's employee or tenant shall	11841
submit with the claim form the registration papers showing the	11842
lines of breeding, age, and other relevant matters. If the animals	11843
are the offspring of registered stock and eligible for	11844
registration, the registration papers showing the breeding of the	11845
offspring shall be submitted.	11846

Sec. 1309.109.  (A) Except as otherwise provided in divisions	11847
(C) and (D) of this section, this chapter applies to the	11848
following:	11849

(1) A transaction, regardless of its form, that creates a	11850
security interest in personal property or fixtures by contract;	11851

(2) An agricultural lien;

11852

(3) A sale of accounts, chattel paper, payment intangibles,	11853
or promissory notes;	11854

(4) A consignment;

11855

(5) A security interest arising under section 1302.42 or	11856
1302.49, division (C) of section 1302.85, or division (E) of	11857
section 1310.54 of the Revised Code, as provided in section	11858
1309.110 of the Revised Code; and	11859

(6) A security interest arising under section 1304.20 or	11860
1305.18 of the Revised Code.	11861

(B) The application of this chapter to a security interest in	11862
a secured obligation is not affected by the fact that the	11863
obligation is itself secured by a transaction or interest to which	11864
this chapter does not apply.	11865

(C) This chapter does not apply to the extent that:

11866

(1) A statute, regulation, or treaty of the United States	11867
preempts this chapter; or	11868

(2) The rights of a transferee beneficiary or nominated	11869
person under a letter of credit are independent and superior under	11870
section 1305.13 of the Revised Code.	11871

(D) This chapter does not apply to the following:

11872

(1) A landlord's lien, other than an agricultural lien;

11873

(2)(a) A lien, not enumerated in division (D)(2) of this	11874
section and other than an agricultural lien, given by statute or	11875
other rule of law for services or materials, including any lien	11876
created under any provision of Chapter 926., sections 1311.55 to	11877
1311.57, sections 1311.71 to 1311.80, section 1701.66, or Chapter	11878
4585. of the Revised Code;	11879

(b) Notwithstanding division (D)(2)(a) of this section,	11880
section 1309.333 of the Revised Code applies with respect to	11881
priority of the lien.	11882

(3) An assignment of a claim for wages, salary, or other	11883
compensation of an employee;	11884

(4) A sale of accounts, chattel paper, payment intangibles,	11885
or promissory notes as part of a sale of the business out of which	11886
they arose;	11887

(5) An assignment of accounts, chattel paper, payment	11888
intangibles, or promissory notes that is for the purpose of	11889
collection only;	11890

(6) An assignment of a right to payment under a contract to	11891
an assignee that is also obligated to perform under the contract;	11892

(7) An assignment of a single account, payment intangible, or	11893
promissory note to an assignee in full or partial satisfaction of	11894
a preexisting indebtedness;	11895

(8) A transfer of an interest in or an assignment of a claim	11896
under a policy of insurance, other than an assignment by or to a	11897
health-care provider of a health-care-insurance receivable and any	11898
subsequent assignment of the right to payment, but sections	11899
1309.315 and 1309.322 of the Revised Code apply with respect to	11900
proceeds and priorities in proceeds;	11901

(9) An assignment of a right represented by a judgment, other	11902
than a judgment taken on a right to payment that was collateral;	11903

(10) A right of recoupment or set-off, but:

11904

(a) Section 1309.340 of the Revised Code applies with respect	11905
to the effectiveness of rights of recoupment or set-off against	11906
deposit accounts; and	11907

(b) Section 1309.404 of the Revised Code applies with respect	11908
to defenses or claims of an account debtor.	11909

(11) The creation or transfer of an interest in or lien on	11910
real property, including a lease or rents under a lease, except to	11911
the extent that provision is made for:	11912

(a) Liens on real property in sections 1309.203 and 1309.308	11913
of the Revised Code;	11914

(b) Fixtures in section 1309.334 of the Revised Code;

11915

(c) Fixture filings in sections 1309.501, 1309.502, 1309.512,	11916
1309.516, and 1309.519 of the Revised Code; and	11917

(d) Security agreements covering personal and real property	11918
in section 1309.604 of the Revised Code.	11919

(12) An assignment of a claim arising in tort, other than a	11920
commercial tort claim, but sections 1309.315 and 1309.322 of the	11921
Revised Code apply with respect to proceeds and priorities in	11922
proceeds;	11923

(13) An assignment of a deposit account in a consumer	11924
transaction, but sections 1309.315 and 1309.322 of the Revised	11925
Code apply with respect to proceeds and priorities in proceeds; or	11926

(14) A transfer by a government, state, or governmental unit.

11927

(E) The granting of a security interest in all or any part of	11928
a lottery prize award for consideration is subject to the	11929
prohibition of division (A)(3)(C) of section 3770.07 of the	11930
Revised Code. The sale, assignment, or other redirection of a	11931
lottery prize award for consideration is subject to the provisions	11932
of division (A)(4)(D) of section 3770.07 and sections 3770.10 to	11933
3770.14 of the Revised Code.	11934

Sec. 1317.07.  No retail installment contract authorized by	11935
section 1317.03 of the Revised Code that is executed in connection	11936
with any retail installment sale shall evidence any indebtedness	11937
in excess of the time balance fixed in the written instrument in	11938
compliance with section 1317.04 of the Revised Code, but it may	11939
evidence in addition any agreements of the parties for the payment	11940
of delinquent charges, as provided for in section 1317.06 of the	11941
Revised Code, taxes, and any lawful fee actually paid out, or to	11942
be paid out, by the retail seller to any public officer for	11943
filing, recording, or releasing any instrument securing the	11944
payment of the obligation owed on any retail installment contract.	11945
No retail seller, directly or indirectly, shall charge, contract	11946
for, or receive from any retail buyer, any further or other amount	11947
for examination, service, brokerage, commission, expense, fee, or	11948
other thing of value. A documentary service charge customarily and	11949
presently being paid on May 9, 1949, in a particular business and	11950
area may be charged if the charge does not exceed fiftyone	11951
hundred dollars per sale.	11952

No retail seller shall use multiple agreements with respect	11953
to a single item or related items purchased at the same time, with	11954
intent to obtain a higher charge than would otherwise be permitted	11955
by Chapter 1317. of the Revised Code or to avoid disclosure of an	11956
annual percentage rate, nor by use of such agreements make any	11957
charge greater than that which would be permitted by Chapter 1317.	11958
of the Revised Code had a single agreement been used.	11959

Sec. 1321.21.  All fees, charges, penalties, and forfeitures	11960
collected under Chapters 1321., 1322., 4712., 4727., and 4728.,	11961
sections 1315.21 to 1315.30, and sections 1315.35 to 1315.44, and	11962
sections 1349.25 to 1349.37 of the Revised Code shall be paid to	11963
the superintendent of financial institutions and shall be	11964
deposited by the superintendent into the state treasury to the	11965
credit of the consumer finance fund, which is hereby created. The	11966
fund may be expended or obligated by the superintendent for the	11967
defrayment of the costs of administration of Chapters 1321.,	11968
1322., 4712., 4727., and 4728., sections 1315.21 to 1315.30, and	11969
sections 1315.35 to 1315.44, and sections 1349.25 to 1349.37 of	11970
the Revised Code by the division of financial institutions. All	11971
actual and necessary expenses incurred by the superintendent,	11972
including any services rendered by the department of commerce for	11973
the division's administration of Chapters 1321., 1322., 4712.,	11974
4727., and 4728., sections 1315.21 to 1315.30, and sections	11975
1315.35 to 1315.44, and sections 1349.25 to 1349.37 of the Revised	11976
Code, shall be paid from the fund. The fund shall be assessed a	11977
proportionate share of the administrative costs of the department	11978
and the division. The proportionate share of the administrative	11979
costs of the division of financial institutions shall be	11980
determined in accordance with procedures prescribed by the	11981
superintendent and approved by the director of budget and	11982
management. Such assessment shall be paid from the consumer	11983
finance fund to the division of administration fund or the	11984
financial institutions fund.	11985

Sec. 1333.99.  (A) Whoever violates sections 1333.01 to	11986
1333.04 of the Revised Code is guilty of a minor misdemeanor.	11987

(B) Whoever violates section 1333.12 of the Revised Code is	11988
guilty of a misdemeanor of the fourth degree.	11989

(C) Whoever violates section 1333.36 of the Revised Code is	11990
guilty of a misdemeanor of the third degree.	11991

(D) A prosecuting attorney may file an action to restrain any	11992
person found in violation of section 1333.36 of the Revised Code.	11993
Upon the filing of such an action, the common pleas court may	11994
receive evidence of such violation and forthwith grant a temporary	11995
restraining order as may be prayed for, pending a hearing on the	11996
merits of said cause.	11997

(E) Whoever violates division (A)(1) of section 1333.52 or	11998
section 1333.81 of the Revised Code is guilty of a misdemeanor of	11999
the first degree.	12000

(F) Whoever violates division (A)(2) or (B) of section	12001
1333.52 or division (F) or (H) of section 1333.96 of the Revised	12002
Code is guilty of a misdemeanor of the second degree.	12003

(G) Except as otherwise provided in this division, whoever	12004
violates section 1333.92 of the Revised Code is guilty of a	12005
misdemeanor of the first degree. If the value of the compensation	12006
is five hundred dollars or more and less than five thousand	12007
dollars, whoever violates section 1333.92 of the Revised Code is	12008
guilty of a felony of the fifth degree. If the value of the	12009
compensation is five thousand dollars or more and less than one	12010
hundred thousand dollars, whoever violates section 1333.92 of the	12011
Revised Code is guilty of a felony of the fourth degree. If the	12012
value of the compensation is one hundred thousand dollars or more,	12013
whoever violates section 1333.92 of the Revised Code is guilty of	12014
a felony of the third degree.	12015

(H) Whoever violates division (B), (C), or (I) of section	12016
1333.96 of the Revised Code is guilty of a misdemeanor of the	12017
third degree.	12018

(I) Any person not registered as a travel agency or tour	12019
promoter as provided in divisions (B) and (C) of section 1333.96	12020
of the Revised Code who states that the person is so registered is	12021
guilty of a misdemeanor of the first degree.	12022

Sec. 1337.11.  As used in sections 1337.11 to 1337.17 of the	12023
Revised Code:	12024

(A) "Adult" means a person who is eighteen years of age or	12025
older.	12026

(B) "Attending physician" means the physician to whom a	12027
principal or the family of a principal has assigned primary	12028
responsibility for the treatment or care of the principal or, if	12029
the responsibility has not been assigned, the physician who has	12030
accepted that responsibility.	12031

(C) "Comfort care" means any of the following:

12032

(1) Nutrition when administered to diminish the pain or	12033
discomfort of a principal, but not to postpone death;	12034

(2) Hydration when administered to diminish the pain or	12035
discomfort of a principal, but not to postpone death;	12036

(3) Any other medical or nursing procedure, treatment,	12037
intervention, or other measure that is taken to diminish the pain	12038
or discomfort of a principal, but not to postpone death.	12039

(D) "Consulting physician" means a physician who, in	12040
conjunction with the attending physician of a principal, makes one	12041
or more determinations that are required to be made by the	12042
attending physician, or to be made by the attending physician and	12043
one other physician, by an applicable provision of sections	12044
1337.11 to 1337.17 of the Revised Code, to a reasonable degree of	12045
medical certainty and in accordance with reasonable medical	12046
standards.	12047

(E) "Guardian" means a person appointed by a probate court	12048
pursuant to Chapter 2111. of the Revised Code to have the care and	12049
management of the person of an incompetent.	12050

(F) "Health care" means any care, treatment, service, or	12051
procedure to maintain, diagnose, or treat an individual's physical	12052
or mental condition.	12053

(G) "Health care decision" means informed consent, refusal to	12054
give informed consent, or withdrawal of informed consent to health	12055
care.	12056

(H) "Health care facility" means any of the following:

12057

(1) A hospital;

12058

(2) A hospice care program or other institution that	12059
specializes in comfort care of patients in a terminal condition or	12060
in a permanently unconscious state;	12061

(3) A nursing home;

12062

(4) A home health agency;

12063

(5) An intermediate care facility for the mentally retarded.

12064

(I) "Health care personnel" means physicians, nurses,	12065
physician assistants, emergency medical technicians-basic,	12066
emergency medical technicians-intermediate, emergency medical	12067
technicians-paramedic, medical technicians, dietitians, other	12068
authorized persons acting under the direction of an attending	12069
physician, and administrators of health care facilities.	12070

(J) "Home health agency" has the same meaning as in section	12071
3701.883701.881 of the Revised Code.	12072

(K) "Hospice care program" has the same meaning as in section	12073
3712.01 of the Revised Code.	12074

(L) "Hospital" has the same meanings as in sections 2108.01,	12075
3701.01, and 5122.01 of the Revised Code.	12076

(M) "Hydration" means fluids that are artificially or	12077
technologically administered.	12078

(N) "Incompetent" has the same meaning as in section 2111.01	12079
of the Revised Code.	12080

(O) "Intermediate care facility for the mentally retarded"	12081
has the same meaning as in section 5111.20 of the Revised Code.	12082

(P) "Life-sustaining treatment" means any medical procedure,	12083
treatment, intervention, or other measure that, when administered	12084
to a principal, will serve principally to prolong the process of	12085
dying.	12086

(Q) "Medical claim" has the same meaning as in section	12087
2305.11 of the Revised Code.	12088

(R) "Nursing home" has the same meaning as in section 3721.01	12089
of the Revised Code.	12090

(S) "Nutrition" means sustenance that is artificially or	12091
technologically administered.	12092

(T) "Permanently unconscious state" means a state of	12093
permanent unconsciousness in a principal that, to a reasonable	12094
degree of medical certainty as determined in accordance with	12095
reasonable medical standards by the principal's attending	12096
physician and one other physician who has examined the principal,	12097
is characterized by both of the following:	12098

(1) Irreversible unawareness of one's being and environment.

12099

(2) Total loss of cerebral cortical functioning, resulting in	12100
the principal having no capacity to experience pain or suffering.	12101

(U) "Person" has the same meaning as in section 1.59 of the	12102
Revised Code and additionally includes political subdivisions and	12103
governmental agencies, boards, commissions, departments,	12104
institutions, offices, and other instrumentalities.	12105

(V) "Physician" means a person who is authorized under	12106
Chapter 4731. of the Revised Code to practice medicine and surgery	12107
or osteopathic medicine and surgery.	12108

(W) "Political subdivision" and "state" have the same	12109
meanings as in section 2744.01 of the Revised Code.	12110

(X) "Professional disciplinary action" means action taken by	12111
the board or other entity that regulates the professional conduct	12112
of health care personnel, including the state medical board and	12113
the board of nursing.	12114

(Y) "Terminal condition" means an irreversible, incurable,	12115
and untreatable condition caused by disease, illness, or injury	12116
from which, to a reasonable degree of medical certainty as	12117
determined in accordance with reasonable medical standards by a	12118
principal's attending physician and one other physician who has	12119
examined the principal, both of the following apply:	12120

(1) There can be no recovery.

12121

(2) Death is likely to occur within a relatively short time	12122
if life-sustaining treatment is not administered.	12123

(Z) "Tort action" means a civil action for damages for	12124
injury, death, or loss to person or property, other than a civil	12125
action for damages for a breach of contract or another agreement	12126
between persons.	12127

Sec. 1346.02.  Any tobacco product manufacturer selling	12128
cigarettes to consumers within the state (whether directly or	12129
through a distributor, retailer or similar intermediary or	12130
intermediaries) after the effective date of this sectionJune 30,	12131
1999 shall do one of the following:	12132

(A) Become a participating manufacturer (as that term is	12133
defined in section II(jj) of the Master Settlement Agreement) and	12134
generally perform its financial obligations under the Master	12135
Settlement Agreement; or	12136

(B)(1) Place into a qualified escrow fund by April 15 of the	12137
year following the year in question the following amounts (as such	12138
amounts are adjusted for inflation):	12139

1999: $.0094241 per unit sold after the effective date of	12140
this sectionJune 30, 1999;	12141

2000: $.0104712 per unit sold;

12142

For each of 2001 and 2002: $.0136125 per unit sold;

12143

For each of 2003 through 2006: $.0167539 per unit sold;

12144

For each of 2007 and each year thereafter: $.0188482 per unit	12145
sold.	12146

(2) A tobacco product manufacturer that places funds into	12147
escrow pursuant to division (B)(1) of this section shall receive	12148
the interest or other appreciation on such funds as earned. Such	12149
funds themselves shall be released from escrow only under the	12150
following circumstances:	12151

(a) To pay a judgment or settlement on any released claim	12152
brought against such tobacco product manufacturer by the state or	12153
any releasing party located or residing in the state. Funds shall	12154
be released from escrow under division (B)(2)(a) of this section:	12155

(i) In the order in which they were placed into escrow; and

12156

(ii) Only to the extent and at the time necessary to make	12157
payments required under such judgment or settlement.	12158

(b) To the extent that a tobacco product manufacturer	12159
establishes that the amount it was required to place into escrow	12160
on account of units sold in the state in a particular year was	12161
greater than the state's allocable share of the total payments	12162
that such manufacturer would have been required to make in that	12163
year under the Master Settlement Agreement (payments, as	12164
determined pursuant to section IX(i)(2)IX(i) of the Master	12165
Settlementthat Agreement, and before any of the adjustments or	12166
offsets described in section IX(i)(3) of that Agreement other the	12167
the inflation adjustment)including after final determination of	12168
all adjustments, that such manufacturer would have been required	12169
to make on account of such units sold had it been a participating	12170
manufacturer, the excess shall be released from escrow and revert	12171
back to such tobacco product manufacturer; or	12172

(c) To the extent not released from escrow under division	12173
(B)(2)(a) or (b) of this section, funds shall be released from	12174
escrow and revert back to such tobacco product manufacturer	12175
twenty-five years after the date on which they were placed into	12176
escrow.	12177

(3) Each tobacco product manufacturer that elects to place	12178
funds into escrow pursuant to division (B) of this section shall	12179
annually certify to the attorney general that it is in compliance	12180
with division (B) of this section. The attorney general may bring	12181
a civil action on behalf of the state against any tobacco product	12182
manufacturer that fails to place into escrow the funds required	12183
under this section. Any tobacco product manufacturer that fails in	12184
any year to place into escrow the funds required under this	12185
section shall:	12186

(a) Be required within fifteen days to place such funds into	12187
escrow as shall bring it into compliance with this section. The	12188
court, upon a finding of a violation of division (B) of this	12189
section, may impose a civil penalty to be paid to the general	12190
revenue fund of the state in an amount not to exceed five per cent	12191
of the amount improperly withheld from escrow per day of the	12192
violation and in a total amount not to exceed one hundred per cent	12193
of the original amount improperly withheld from escrow;	12194

(b) In the case of a knowing violation, be required within	12195
fifteen days to place such funds into escrow as shall bring it	12196
into compliance with this section. The court, upon a finding of a	12197
knowing violation of division (B) of this section, may impose a	12198
civil penalty to be paid to the general revenue fund of the state	12199
in an amount not to exceed fifteen per cent of the amount	12200
improperly withheld from escrow per day of the violation and in a	12201
total amount not to exceed three hundred per cent of the original	12202
amount improperly withheld from escrow; and	12203

(c) In the case of a second knowing violation, be prohibited	12204
from selling cigarettes to consumers within the state (whether	12205
directly or through a distributor, retailer or similar	12206
intermediary) for a period not to exceed two years.	12207

Each failure to make an annual deposit required under this	12208
section shall constitute a separate violation.	12209

Sec. 1346.04.  As used in this section and sections 1346.05	12210
to 1346.10 of the Revised Code:	12211

(A) "Brand family" means all styles of cigarettes sold under	12212
the same trademark and differentiated from one another by means of	12213
additional modifiers or descriptors, including, but not limited	12214
to, "menthol," "lights," "kings," and "100s." "Brand family"	12215
includes cigarettes sold under any brand name (whether that name	12216
is used alone or in conjunction with any other word), trademark,	12217
logo, symbol, motto, selling message, recognizable pattern of	12218
colors, or other indicia of product identification identical or	12219
similar to, or identifiable with, a previous brand of cigarettes.	12220

(B) "Cigarette," "Master Settlement Agreement," "qualified	12221
escrow fund," "tobacco product manufacturer," and "units sold"	12222
have the same meanings as in section 1346.01 of the Revised Code.	12223

(C) "Nonparticipating manufacturer" means any tobacco product	12224
manufacturer that is not a participating manufacturer.	12225

(D) "Participating manufacturer" means a participating	12226
manufacturer as that term is defined in section II(jj) of the	12227
Master Settlement Agreement and all amendments to that agreement.	12228

(E) "Stamping agent" means a person who is authorized to	12229
affix tax stamps to packages or other containers of cigarettes	12230
under section 5743.03 of the Revised Code or a person who is	12231
required to pay the excise tax imposed on cigarettes and other	12232
tobacco products under sections 5743.03 and 5743.51 of the Revised	12233
Code.	12234

Sec. 1346.05.  (A)(1) Every tobacco product manufacturer	12235
whose cigarettes are sold in this state either directly or through	12236
a distributor, retailer, or other intermediary shall execute and	12237
deliver to the attorney general an annual certification, made	12238
under penalty of falsification, stating that, as of the date of	12239
the certification, the tobacco manufacturer is either a	12240
participating manufacturer or a nonparticipating manufacturer in	12241
full compliance with section 1346.02 of the Revised Code,	12242
including full compliance with all quarterly installment payment	12243
requirements, if required to make such payments by an	12244
administrative rule adopted by the attorney general. The	12245
certification shall be on a form prescribed by the attorney	12246
general and shall be filed not later than the thirtieth day of	12247
April in each year.	12248

(2) Each participating manufacturer shall include in its	12249
certification a list of its brand families. Thirty days before	12250
making any additions to or modifications of its brand families, a	12251
participating manufacturer shall update its brand family list by	12252
executing and delivering a supplemental certification to the	12253
attorney general.	12254

(3) Each nonparticipating manufacturer shall include all of	12255
the following in its certification:	12256

(a) A list of all of its brand families and the number of	12257
units sold during the preceding calendar year for each brand	12258
family, and a list of all of its brand families that have been	12259
sold in the state at any time during the current calendar year.	12260
The list shall indicate, by an asterisk, any brand family that was	12261
sold in the state during the preceding calendar year and that is	12262
no longer being sold in the state as of the date of the	12263
certification. The list shall identify by name and address any	12264
other manufacturer in the preceding or current year of the brand	12265
families included on the list. Thirty days before making any	12266
additions to or modifications of its brand families, a	12267
nonparticipating manufacturer shall update its brand family list	12268
by executing and delivering a supplemental certification to the	12269
attorney general.	12270

(b) A statement that the nonparticipating manufacturer is	12271
registered to do business in this state, or has appointed an agent	12272
for service of process in this state and provided notice of that	12273
appointment as required by section 1346.06 of the Revised Code;	12274

(c) A certification that the nonparticipating manufacturer	12275
has established and continues to maintain a qualified escrow fund	12276
under section 1346.02 of the Revised Code and that the qualified	12277
escrow fund is governed by a qualified escrow agreement executed	12278
by the nonparticipating manufacturer and reviewed and approved by	12279
the attorney general;	12280

(d) All of the following information regarding the qualified	12281
escrow fund the nonparticipating manufacturer is required to	12282
establish and maintain under section 1346.02 of the Revised Code	12283
and the rules adopted under that section:	12284

(i) The name, address, and telephone number of the financial	12285
institution at which the nonparticipating manufacturer has	12286
established its qualified escrow fund;	12287

(ii) The account number of the qualified escrow fund and any	12288
subaccount number for the state;	12289

(iii) The amount that the nonparticipating manufacturer	12290
deposited in the qualified escrow fund for cigarettes sold in the	12291
state during the preceding calendar year, the date and amount of	12292
each deposit, and any evidence or verification the attorney	12293
general deems necessary to confirm those deposits;	12294

(iv) The amount and date of any withdrawal or transfer of	12295
funds the nonparticipating manufacturer made at any time from any	12296
qualified escrow fund into which it ever made payments under	12297
section 1346.02 of the Revised Code and the rules adopted under	12298
that section.	12299

(e) A statement that the nonparticipating manufacturer is in	12300
full compliance with this section and sections 1346.02, 1346.06,	12301
and 1346.07 of the Revised Code and any rules adopted under those	12302
sections.	12303

(4)(a) No tobacco product manufacturer shall include a brand	12304
family in its certification unless either of the following	12305
applies:	12306

(i) In the case of a participating manufacturer, the	12307
participating manufacturer affirms that the cigarettes in the	12308
brand family shall be deemed to be its cigarettes for the purpose	12309
of calculating its payments under the Master Settlement Agreement	12310
for the relevant year in the volume and shares determined pursuant	12311
to that agreement.	12312

(ii) In the case of a nonparticipating manufacturer, the	12313
nonparticipating manufacturer affirms that the cigarettes in the	12314
brand family shall be deemed to be its cigarettes for the purpose	12315
of section 1346.02 of the Revised Code.	12316

(b) Nothing in this section limits or shall be construed to	12317
limit the state's authority to determine that the cigarettes in a	12318
brand family constitute the cigarettes of another tobacco product	12319
manufacturer for the purpose of calculating payments under the	12320
Master Settlement Agreement or for the purpose of section 1346.02	12321
of the Revised Code.	12322

(5) Each tobacco product manufacturer shall maintain all	12323
invoices and documentations of sales and other information relied	12324
upon for its certification for a period of at least five years.	12325

(B)(1) Except as otherwise provided in division (B)(3) of	12326
this section, the attorney general shall develop and publish on	12327
its web site a directory listing all tobacco product manufacturers	12328
that have provided current and accurate certifications under	12329
division (A) of this section and all brand families listed in	12330
those certifications.	12331

(2)(a) The attorney general shall update the directory as	12332
necessary to correct mistakes or to add or remove a tobacco	12333
product manufacturer or brand family to keep the directory in	12334
conformity with the requirements of this section. At least ten	12335
days before any tobacco product manufacturer or brand family is	12336
added to or removed from the directory, the attorney general shall	12337
publish notice of the pending addition or removal online in the	12338
directory and shall notify the tax commissioner of those pending	12339
changes. At least ten days before such addition or removal, the	12340
tax commissioner shall transmit by electronic mail or other	12341
practicable means to each stamping agent notice of the pending	12342
addition or removal.	12343

(b) Unless an agreement between a stamping agent and a	12344
tobacco product manufacturer provides otherwise, a tobacco product	12345
manufacturer that is removed from the directory or whose brand	12346
family is removed from the directory shall refund to the stamping	12347
agent any money paid by the stamping agent to the tobacco product	12348
manufacturer for cigarettes of that tobacco product manufacturer	12349
that are in the possession of the stamping agent at the time the	12350
stamping agent receives notice of the pending removal of the	12351
tobacco product manufacturer or a brand family of that tobacco	12352
product manufacturer from the directory under division (B)(2)(a)	12353
of this section.	12354

(c) The tax commissioner shall notify the attorney general of	12355
any tobacco product manufacturer that fails to refund money to a	12356
stamping agent under division (B)(2)(b) of this section. The	12357
attorney general shall not restore to the directory any tobacco	12358
product manufacturer or brand family of a tobacco product	12359
manufacturer until the tobacco product manufacturer has paid the	12360
stamping agent any required refund. Once a required refund has	12361
been so paid, the tax commissioner shall notify the attorney	12362
general of that payment.	12363

(3) The attorney general shall not include or retain in the	12364
directory a nonparticipating manufacturer or a brand family of a	12365
nonparticipating manufacturer if any of the following applies:	12366

(a) The nonparticipating manufacturer fails to provide the	12367
required certification under this section, or the attorney general	12368
determines that the certification is not in compliance with the	12369
requirements of this section, unless the attorney general	12370
determines that the violation has been cured to the attorney	12371
general's satisfaction.	12372

(b) The attorney general determines that any escrow payment	12373
required under section 1346.02 of the Revised Code for any period	12374
for any brand family of the nonparticipating manufacturer,	12375
regardless of whether the brand family is listed by the	12376
nonparticipating manufacturer in its certification under this	12377
section, has not been fully paid into a qualified escrow fund	12378
governed by a qualified escrow agreement that has been approved by	12379
the attorney general.	12380

(c) The attorney general determines that the nonparticipating	12381
manufacturer has not fully satisfied any outstanding final	12382
judgment, including interest, for a violation of section 1346.02	12383
of the Revised Code.	12384

(4) Each stamping agent shall provide an electronic mail	12385
address to the tax commissioner for the purpose of receiving	12386
notifications under division (B)(2) of this section. As necessary,	12387
each stamping agent shall update the agent's electronic mail	12388
address with the tax commissioner.	12389

(C)(1) No person shall do any of the following:

12390

(a) Affix a tax stamp to a package or other container of	12391
cigarettes of a tobacco product manufacturer or a brand family	12392
that is not included in the directory;	12393

(b) Sell, offer for sale, or possess for sale in this state	12394
cigarettes of a tobacco product manufacturer or a brand family	12395
that is not included in the directory;	12396

(c) Sell or distribute cigarettes that have had a tax stamp	12397
affixed while the tobacco product manufacturer or brand family of	12398
those cigarettes was not included in the directory;	12399

(d) Acquire, hold, own, possess, transport, import, or cause	12400
to be imported cigarettes that the person knows or should know are	12401
intended for distribution or sale in this state and that have had	12402
a tax stamp affixed while the tobacco product manufacturer or	12403
brand family of those cigarettes was not included in the	12404
directory;	12405

(e) Acquire, hold, own, possess, transport, import, or cause	12406
to be imported cigarettes that the person knows or should know are	12407
intended for distribution or sale in this state and that are the	12408
cigarettes of a tobacco product manufacturer or a brand family	12409
that is not included in the directory.	12410

(2) Except as otherwise provided in this division, a	12411
violation of division (C)(1) of this section is a misdemeanor of	12412
the first degree. If the offender has a previous conviction for a	12413
violation of that division, a violation of division (C)(1) of this	12414
section is a felony of the fourth degree.	12415

(3) Any cigarettes sold, offered for sale, or possessed for	12416
sale in violation of division (C)(1) of this section shall be	12417
considered contraband under section 5743.21 of the Revised Code,	12418
and those cigarettes shall be subject to seizure and forfeiture	12419
under that section. Cigarettes so seized and forfeited shall not	12420
be resold and shall be destroyed.	12421

Sec. 1346.06.  (A)(1) Any nonresident or foreign	12422
nonparticipating manufacturer that has not registered to do	12423
business in the state as a foreign corporation or business entity,	12424
as a condition precedent to having its brand families included or	12425
retained in the directory developed and published by the attorney	12426
general under section 1346.05 of the Revised Code, shall appoint,	12427
and continually engage without interruption the services of, an	12428
agent in the state to act as agent for the service, in any manner	12429
authorized by law, of all process pertaining to any action or	12430
proceeding in the courts of this state against the manufacturer	12431
concerning or arising out of the enforcement of this chapter.	12432

(2) Service on a nonparticipating manufacturer's agent shall	12433
constitute legal and valid service of process on the manufacturer.	12434

(3) A nonparticipating manufacturer shall provide the	12435
attorney general, to the satisfaction of the attorney general,	12436
with proof of the appointment of, and notice of the name, address,	12437
telephone number, and availability of, the manufacturer's agent.	12438

(B)(1) If a nonparticipating manufacturer decides to	12439
terminate its agent's appointment, the manufacturer shall provide	12440
notice of the termination to the attorney general thirty calendar	12441
days prior to the termination and shall provide proof, to the	12442
satisfaction of the attorney general, of the appointment of a new	12443
agent not less than five calendar days prior to the termination.	12444

(2) If a nonparticipating manufacturer's agent terminates the	12445
agent's appointment, the manufacturer shall provide notice of the	12446
termination to the attorney general and include proof, to the	12447
satisfaction of the attorney general, of the appointment of a new	12448
agent within five calendar days of the termination.	12449

(C)(1) Any nonparticipating manufacturer whose cigarettes are	12450
sold in the state and who has not appointed and continually	12451
engaged an agent in accordance with divisions (A) and (B) of this	12452
section shall be deemed to have appointed the secretary of state	12453
as the manufacturer's agent and may be proceeded against in any	12454
action or proceeding in the courts of the state described in	12455
division (A) of this section by service of process on the	12456
secretary of state.	12457

(2) The deemed appointment of the secretary of state as a	12458
nonparticipating manufacturer's agent does not satisfy the	12459
requirements of divisions (A)(3)(b) and (B)(1) of section 1346.05	12460
of the Revised Code that a nonparticipating manufacturer that has	12461
not registered to do business in the state shall appoint an agent	12462
for service of process as a condition precedent to the existence	12463
of an accurate certification permitting the manufacturer's brand	12464
families to be included or retained in the directory.	12465

Sec. 1346.07. (A) Not later than the last day of each month	12466
or less frequently if so directed by the tax commissioner, each	12467
stamping agent shall submit information for the previous month or	12468
for the relevant time period, if directed by the tax commissioner	12469
to make the submission less frequently, which the tax commissioner	12470
requires to facilitate compliance with sections 1346.05 to 1346.10	12471
of the Revised Code. The information shall include, but is not	12472
limited to, a list by brand family of the total number of	12473
cigarettes, or, in the case of roll-your-own, the equivalent stick	12474
count, for which the stamping agent during the period covered by	12475
the report affixed stamps or otherwise paid the tax due.	12476

The stamping agent shall maintain and make available to the	12477
tax commissioner all invoices and documentations of sales of all	12478
nonparticipating manufacturer cigarettes and any other information	12479
the agent relies upon in submitting information under this	12480
division to the tax commissioner. This duty shall be for a period	12481
of five years from the date of each submission of information	12482
under this division.	12483

(B) The attorney general at any time may require a	12484
nonparticipating manufacturer to provide proof, from the financial	12485
institution in which the manufacturer has established a qualified	12486
escrow fund under section 1346.02 of the Revised Code, of the	12487
amount of money in the fund, exclusive of interest, the amount and	12488
date of each deposit in the fund, and the amount and date of each	12489
withdrawal from the fund.	12490

(C) In addition to the information required to be submitted	12491
or provided to the tax commissioner and the attorney general under	12492
divisions (A) and (B) of this section, the attorney general may	12493
require a stamping agent or tobacco product manufacturer to submit	12494
any additional information necessary to enable the attorney	12495
general to determine whether a manufacturer is in compliance with	12496
sections 1346.05 to 1346.10 of the Revised Code. The information	12497
shall include, but is not limited to, samples of the packaging or	12498
labeling of each brand family.	12499

(D) The tax commissioner and the attorney general shall share	12500
information received under sections 1346.05 to 1346.10 of the	12501
Revised Code for purposes of determining compliance with and	12502
enforcement of those sections. The tax commissioner and the	12503
attorney general also may share information received under these	12504
sections with federal, state, or local agencies for purposes of	12505
the enforcement of this chapter or corresponding laws of other	12506
states.	12507

Sec. 1346.08.  (A) The tax commissioner and the attorney	12508
general may adopt administrative rules necessary to implement	12509
sections 1346.05 to 1346.10 of the Revised Code.	12510

(B) Subject to the requirements of section 1346.05 of the	12511
Revised Code, the attorney general may adopt an administrative	12512
rule requiring a tobacco product manufacturer to make required	12513
escrow deposits in quarterly installments during the year in which	12514
the sales covered by the deposits are made. If the attorney	12515
general adopts such a rule, the tax commissioner may require a	12516
tobacco product manufacturer or a stamping agent to produce	12517
information sufficient to enable the tax commissioner and the	12518
attorney general to determine the adequacy of the amount of an	12519
installment deposit.	12520

Sec.  1346.09. (A) The attorney general, on behalf of the tax	12521
commissioner, may seek an injunction to restrain a threatened or	12522
actual violation of division (C)(1) of section 1346.05 of the	12523
Revised Code or division (A) or (C) of section 1346.07 of the	12524
Revised Code by a stamping agent and to compel the stamping agent	12525
to comply with those divisions.	12526

(B) In any action brought by the state to enforce sections	12527
1346.05 to 1346.10 of the Revised Code, the state shall be	12528
entitled to recover the costs of the investigation, expert witness	12529
fees, court costs, and reasonable attorney's fees.	12530

(C) If a court determines that a person has violated any	12531
prohibition or other provision of sections 1346.05 to 1346.10 of	12532
the Revised Code, the court shall order that the person's profits,	12533
gain, gross receipts, or other benefit from the violation be	12534
disgorged and paid to the general revenue fund of the state.	12535

(D) Unless otherwise expressly provided, the remedies or	12536
penalties provided by this chapter are cumulative to each other	12537
and to the remedies or penalties available under all other laws of	12538
the state.	12539

Sec. 1346.10.  (A) In lieu of or in addition to any other	12540
remedy provided by law, upon a determination that a stamping agent	12541
has violated division (C)(1) of section 1346.05 of the Revised	12542
Code or any administrative rule adopted under sections 1346.05 to	12543
1346.10 of the Revised Code, the tax commissioner may revoke the	12544
license of the stamping agent in the manner provided by section	12545
5743.18 of the Revised Code.	12546

(B) For each violation of division (C)(1) of section 1346.05	12547
of the Revised Code, in addition to any other penalty provided by	12548
law, the tax commissioner may impose a fine in an amount not to	12549
exceed the greater of five hundred per cent of the retail value of	12550
the cigarettes involved or five thousand dollars. The fine shall	12551
be imposed in the manner provided by section 5743.081 of the	12552
Revised Code.	12553

For the purpose of this division, each stamp affixed to a	12554
package of cigarettes and each sale or offer for sale of	12555
cigarettes in violation of division (C)(1) of section 1346.05 of	12556
the Revised Code shall constitute a separate violation.	12557

Sec. 1501.04.  There is hereby created in the department of	12558
natural resources a recreation and resources commission composed	12559
of the chairmanchairperson of the wildlife council created under	12560
section 1531.03 of the Revised Code, the chairmanchairperson of	12561
the parks and recreation council created under section 1541.40 of	12562
the Revised Code, the chairmanchairperson of the waterways safety	12563
council created under section 1547.73 of the Revised Code, the	12564
chairmanchairperson of the technical advisory council on oil and	12565
gas created under section 1509.38 of the Revised Code, the	12566
chairman of the forestry advisory council created under section	12567
1503.40 of the Revised Code, the chairmanchairperson of the Ohio	12568
soil and water conservation commission created under section	12569
1515.02 of the Revised Code, the chairmanchairperson of the Ohio	12570
natural areas council created under section 1517.03 of the Revised	12571
Code, the chairmanchairperson of the Ohio water advisory council	12572
created under section 1521.031 of the Revised Code, the	12573
chairperson of the recycling and litter prevention advisory	12574
council created under section 1502.04 of the Revised Code, the	12575
chairperson of the civilian conservation advisory council created	12576
under section 1553.10 of the Revised Code, the chairman	12577
chairperson of the Ohio geology advisory council created under	12578
section 1505.11 of the Revised Code, and five members appointed by	12579
the governor with the advice and consent of the senate, not more	12580
than three of whom shall belong to the same political party. The	12581
director of natural resources shall be an ex officio member of the	12582
commission, with a voice in its deliberations, but without the	12583
power to vote.	12584

Terms of office of members of the commission appointed by the	12585
governor shall be for five years, commencing on the second day of	12586
February and ending on the first day of February. Each member	12587
shall hold office from the date of his appointment until the end	12588
of the term for which hethe member was appointed.	12589

In the event of the death, removal, resignation, or	12590
incapacity of a member of the commission, the governor, with the	12591
advice and consent of the senate, shall appoint a successor who	12592
shall hold office for the remainder of the term for which histhe	12593
member's predecessor was appointed. Any member shall continue in	12594
office subsequent to the expiration date of histhe member's term	12595
until histhe member's successor takes office, or until a period	12596
of sixty days has elapsed, whichever occurs first.	12597

The governor may remove any appointed member of the	12598
commission for misfeasance, nonfeasance, or malfeasance in office.	12599

The commission shall exercise no administrative function, but	12600
may:	12601

(A) Advise with and recommend to the director of natural	12602
resources as to plans and programs for the management,	12603
development, utilization, and conservation of the natural	12604
resources of the state;	12605

(B) Advise with and recommend to the director as to methods	12606
of coordinating the work of the divisions of the department;	12607

(C) Consider and make recommendations upon any matter which	12608
that the director may submit to it;	12609

(D) Submit to the governor biennially recommendations for	12610
amendments to the conservation laws of the state.	12611

BeforeEach member of the commission, before entering upon	12612
the discharge of histhe member's duties, each member of the	12613
commission shall take and subscribe to an oath of office, which	12614
oath, in writing, shall be filed in the office of the secretary of	12615
state.	12616

The members of the commission shall serve without	12617
compensation, but shall be entitled to receive their actual and	12618
necessary expenses incurred in the performance of their official	12619
duties.	12620

The commission, by a majority vote of all its members, shall	12621
adopt and amend bylaws.	12622

To be eligible for appointment, a person shall be a citizen	12623
of the United States and an elector of the state and shall possess	12624
a knowledge of and have an interest in the natural resources of	12625
this state.	12626

The commission shall hold at least four regular quarterly	12627
meetings each year. Special meetings shall be held at such times	12628
as the bylaws of the commission provide. Notices of all meetings	12629
shall be given in such manner as the bylaws provide. The	12630
commission shall choose annually from among its members a chairman	12631
chairperson to preside over its meetings and a secretary to keep a	12632
record of its proceedings. A majority of the members of the	12633
commission constitutes a quorum. No advice shall be given or	12634
recommendation made without a majority of the members of the	12635
commission concurring therein.	12636

Sec. 1501.25.  (A) There is hereby created the Muskingum	12637
river advisory council consisting of the following members:	12638

(1) Two members of the house of representatives, one from	12639
each party to be appointed by the speaker of the house of	12640
representatives after conferring with the minority leader of the	12641
house, and two members of the senate, one from each party to be	12642
appointed by the president of the senate after conferring with the	12643
minority leader of the senate;	12644

(2) Four persons interested in the development of	12645
recreational and commercial uses of the Muskingum river, to be	12646
appointed by the governor;	12647

(3) Two representatives of the department of natural	12648
resources to be appointed by the director of natural resources,	12649
one representative of the department of development to be	12650
appointed by the director of development, one representative of	12651
the environmental protection agency to be appointed by the	12652
director of environmental protection, one representative of the	12653
department of transportation to be appointed by the director of	12654
transportation, and one representative of the Ohio historical	12655
society to be appointed by the director of the society;	12656

(4) Twelve persons to be appointed from the four counties	12657
through which the Muskingum river flows, who shall be appointed in	12658
the following manner. The board of county commissioners of	12659
Coshocton county shall appoint two members, and the mayor of the	12660
city of Coshocton shall appoint one member. The board of county	12661
commissioners of Muskingum county shall appoint two members, and	12662
the mayor of the city of Zanesville shall appoint one member. The	12663
board of county commissioners of Morgan county shall appoint two	12664
members, and the mayor of the city of McConnelsville shall appoint	12665
one member. The board of county commissioners of Washington county	12666
shall appoint two members, and the mayor of the city of Marietta	12667
shall appoint one member.	12668

(5) One member representing the Muskingum watershed	12669
conservancy district, to be appointed by the board of directors of	12670
the district.	12671

Members shall serve at the pleasure of their appointing	12672
authority. Vacancies shall be filled in the manner of the original	12673
appointment.	12674

The council biennially shall elect from among its members a	12675
chairperson and a vice-chairperson. One of the representatives of	12676
the department of natural resources shall serve as secretary of	12677
the council unless a majority of the members elect another member	12678
to that position. The council shall meet at least once each year	12679
for the purpose of taking testimony from residents of the	12680
Muskingum river area, users of the river and adjacent lands, and	12681
the general public and may hold additional meetings at the call of	12682
the chairperson.	12683

The chairperson may appoint members of the council and other	12684
persons to committees and study groups as needed.	12685

The council shall submit an annual report to the general	12686
assembly, the governor, and the director of natural resources. The	12687
report shall include, without limitation, a description of the	12688
conditions of the Muskingum river area, a discussion of the	12689
council's activities, any recommendations for actions by the	12690
general assembly or any state agency that the council determines	12691
are needed, and estimates of the costs of those recommendations.	12692

The department of natural resources shall provide staff	12693
assistance to the council as needed.	12694

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

12695

(1) Provide coordination among political subdivisions, state	12696
agencies, and federal agencies involved in dredging, debris	12697
removal or disposal, and recreational, commercial, tourism, and	12698
economic development;	12699

(2) Provide aid to civic groups and individuals who want to	12700
make improvements to the Muskingum river if the council determines	12701
that the improvements would be beneficial to the residents of the	12702
area and to the state;	12703

(3) Provide information and planning aid to state and local	12704
agencies responsible for historic, commercial, and recreational	12705
development of the Muskingum river area, including, without	12706
limitation, suggestions as to priorities for pending Muskingum	12707
river projects of the department of natural resources;	12708

(4) Provide updated information to the United States army	12709
corps of engineers, the department of natural resources, and the	12710
Muskingum conservancy district established under Chapter 6101. of	12711
the Revised Code concerning potential hazards to flood control or	12712
navigation, erosion problems, debris accumulation, and	12713
deterioration of locks or dams.	12714

Sec. 1503.05.  (A) The chief of the division of forestry may	12715
sell timber and other forest products from the state forest and	12716
state forest nurseries whenever the chief considers such a sale	12717
desirable and, with the approval of the attorney general and the	12718
director of natural resources, may sell portions of the state	12719
forest lands when such a sale is advantageous to the state.	12720

(B) Except as otherwise provided in this section, a timber	12721
sale agreement shall not be executed unless the person or	12722
governmental entity bidding on the sale executes and files a	12723
surety bond conditioned on completion of the timber sale in	12724
accordance with the terms of the agreement in an amount equal to	12725
twenty-five per cent of the highest value cutting section. All	12726
bonds shall be given in a form prescribed by the chief and shall	12727
run to the state as obligee.	12728

The chief shall not approve any bond until it is personally	12729
signed and acknowledged by both principal and surety, or as to	12730
either by the attorney in fact thereof, with a certified copy of	12731
the power of attorney attached. The chief shall not approve the	12732
bond unless there is attached a certificate of the superintendent	12733
of insurance that the company is authorized to transact a fidelity	12734
and surety business in this state.	12735

In lieu of a bond, the bidder may deposit any of the	12736
following:	12737

(1) Cash in an amount equal to the amount of the bond;

12738

(2) United States government securities having a par value	12739
equal to or greater than the amount of the bond;	12740

(3) Negotiable certificates of deposit or irrevocable letters	12741
of credit issued by any bank organized or transacting business in	12742
this state having a par value equal to or greater than the amount	12743
of the bond.	12744

The cash or securities shall be deposited on the same terms	12745
as bonds. If one or more certificates of deposit are deposited in	12746
lieu of a bond, the chief shall require the bank that issued any	12747
of the certificates to pledge securities of the aggregate market	12748
value equal to the amount of the certificate or certificates that	12749
is in excess of the amount insured by the federal deposit	12750
insurance corporation. The securities to be pledged shall be those	12751
designated as eligible under section 135.18 of the Revised Code.	12752
The securities shall be security for the repayment of the	12753
certificate or certificates of deposit.	12754

Immediately upon a deposit of cash, securities, certificates	12755
of deposit, or letters of credit, the chief shall deliver them to	12756
the treasurer of state, who shall hold them in trust for the	12757
purposes for which they have been deposited. The treasurer of	12758
state is responsible for the safekeeping of the deposits. A bidder	12759
making a deposit of cash, securities, certificates of deposit, or	12760
letters of credit may withdraw and receive from the treasurer of	12761
state, on the written order of the chief, all or any portion of	12762
the cash, securities, certificates of deposit, or letters of	12763
credit upon depositing with the treasurer of state cash, other	12764
United States government securities, or other negotiable	12765
certificates of deposit or irrevocable letters of credit issued by	12766
any bank organized or transacting business in this state, equal in	12767
par value to the par value of the cash, securities, certificates	12768
of deposit, or letters of credit withdrawn.	12769

A bidder may demand and receive from the treasurer of state	12770
all interest or other income from any such securities or	12771
certificates as it becomes due. If securities so deposited with	12772
and in the possession of the treasurer of state mature or are	12773
called for payment by their issuer, the treasurer of state, at the	12774
request of the bidder who deposited them, shall convert the	12775
proceeds of the redemption or payment of the securities into other	12776
United States government securities, negotiable certificates of	12777
deposit, or cash as the bidder designates.	12778

When the chief finds that a person or governmental agency has	12779
failed to comply with the conditions of the person's or	12780
governmental agency's bond, the chief shall make a finding of that	12781
fact and declare the bond, cash, securities, certificates, or	12782
letters of credit forfeited. The chief thereupon shall certify the	12783
total forfeiture to the attorney general, who shall proceed to	12784
collect the amount of the bond, cash, securities, certificates, or	12785
letters of credit.	12786

In lieu of total forfeiture, the surety, at its option, may	12787
cause the timber sale to be completed or pay to the treasurer of	12788
state the cost thereof.	12789

All moneys collected as a result of forfeitures of bonds,	12790
cash, securities, certificates, and letters of credit under this	12791
section shall be credited to the state forest fund created in this	12792
section.	12793

(C) The chief may grant easements and leases on portions of	12794
the state forest lands and state forest nurseries under terms that	12795
are advantageous to the state, and the chief may grant mineral	12796
rights on a royalty basis on those lands and nurseries, with the	12797
approval of the attorney general and the director.	12798

(D) All moneys received from the sale of state forest lands,	12799
or in payment for easements or leases on or as rents from those	12800
lands or from state forest nurseries, shall be paid into the state	12801
treasury to the credit of the state forest fund, which is hereby	12802
created. All moneys received from the sale of standing timber	12803
taken from the state forest lands shall be deposited into the	12804
state treasury. Twenty-five per cent of the moneys so deposited	12805
shall be credited to the state forest fund. Seventy-five per cent	12806
of the moneys so deposited shall be credited to the general	12807
revenue fund. All moneys received from the sale of forest	12808
products, other than standing timber, and minerals taken from the	12809
state forest lands and state forest nurseries, together with	12810
royalties from mineral rights, shall be paid into the state	12811
treasury to the credit of the state forest fund.	12812

At the time of making such a payment or deposit into the	12813
state treasury to the credit of the general revenue fund, the	12814
chief shall determine the amount and grossnet value of all such	12815
productsstanding timber sold or royalties received from lands and	12816
nurseries in each county, in each township within the county, and	12817
in each school district within the county. Afterward the chief	12818
shall send to each county treasurer a copy of the determination	12819
and shall provide for payment to the county treasurer, for the use	12820
of the general fund of that county from the amount so received as	12821
provided in this division, an amount equal to eightysixty-five	12822
per cent of the grossnet value of the productsstanding timber	12823
sold or royalties received from lands and nurseries located in	12824
that county. The county auditor shall do all of the following:	12825

(1) Retain for the use of the general fund of the county	12826
one-fourth of the amount received by the county under division (D)	12827
of this section;	12828

(2) Pay into the general fund of any township located within	12829
the county and containing such lands and nurseries one-fourth of	12830
the amount received by the county from productsstanding timber	12831
sold or royalties received from lands and nurseries located in the	12832
township;	12833

(3) Request the board of education of any school district	12834
located within the county and containing such lands and nurseries	12835
to identify which fund or funds of the district should receive the	12836
moneys available to the school district under division (D)(3) of	12837
this section. After receiving notice from the board, the county	12838
auditor shall pay into the fund or funds so identified one-half of	12839
the amount received by the county from productsstanding timber	12840
sold or royalties received from lands and nurseries located in the	12841
school district, distributed proportionately as identified by the	12842
board.	12843

The division of forestry shall not supply logs, lumber, or	12844
other forest products or minerals, taken from the state forest	12845
lands or state forest nurseries, to any other agency or	12846
subdivision of the state unless payment is made therefor in the	12847
amount of the actual prevailing value thereof. This section is	12848
applicable to the moneys so received. All moneys received from the	12849
sale of reforestation tree stock or other revenues derived from	12850
the operation of the state forests, facilities, or equipment shall	12851
be paid into the state forest fund.	12852

The fund shall not be expended for any purpose other than the	12853
administration, operation, maintenance, development, or	12854
utilization of the state forests, forest nurseries, and forest	12855
programs, for facilities or equipment incident to them, or for the	12856
further purchase of lands for state forest or forest nursery	12857
purposes.	12858

Sec. 1513.05.  There is hereby created a reclamation	12859
commission consisting of seven members appointed by the governor	12860
with the advice and consent of the senate. For the purposes of	12861
hearing appeals under section 1513.13 of the Revised Code that	12862
involve mine safety issues, the reclamation commission shall	12863
consist of two additional members appointed specifically for that	12864
function by the governor with the advice and consent of the	12865
senate. All terms of office shall be for five years, commencing on	12866
the twenty-ninth day of June and ending on the twenty-eighth day	12867
of June. Each member shall hold office from the date of	12868
appointment until the end of the term for which the appointment	12869
was made. Each vacancy occurring on the commission shall be filled	12870
by appointment within sixty days after the vacancy occurs. Any	12871
member appointed to fill a vacancy occurring prior to the	12872
expiration of the term for which the member's predecessor was	12873
appointed shall hold office for the remainder of such term. Any	12874
member shall continue in office subsequent to the expiration date	12875
of the member's term until the member's successor takes office, or	12876
until a period of sixty days has elapsed, whichever occurs first.	12877

Two of the appointees to the commission shall be persons who,	12878
at the time of their appointment, own and operate a farm or are	12879
retired farmers. Notwithstanding section 1513.04 of the Revised	12880
Code, one of the appointees to the commission shall be a person	12881
who, at the time of appointment, is the representative of an	12882
operator of a coal mine. One of the appointees to the commission	12883
shall be a person who, by reason of the person's previous	12884
vocation, employment, or affiliations, can be classed as a	12885
representative of the public. One of the appointees to the	12886
commission shall be a person who, by reason of previous training	12887
and experience, can be classed as one learned and experienced in	12888
modern forestry practices. One of the appointees to the commission	12889
shall be a person who, by reason of previous training and	12890
experience, can be classed as one learned and experienced in	12891
agronomy. One of the appointees to the commission shall be either	12892
a person who, by reason of previous training and experience, can	12893
be classed as one capable and experienced in earth-grading	12894
problems, or a civil engineer. Beginning not later than five years	12895
after the effective date of this amendment, at least one of the	12896
seven appointees to the commission shall be an attorney at law who	12897
is admitted to practice in this state and is familiar with mining	12898
issues. Not more than four members shall be members of the same	12899
political party.	12900

The two additional members of the commission who are	12901
appointed specifically to hear appeals that involve mine safety	12902
issues shall be individuals who, because of previous vocation,	12903
employment, or affiliation, can be classified as representatives	12904
of employees currently engaged in mining operations. One shall be	12905
a representative of coal miners, and one shall be a representative	12906
of aggregates miners. Prior to making the appointment, the	12907
governor shall request the highest ranking officer in the major	12908
employee organization representing coal miners in this state to	12909
submit to the governor the names and qualifications of three	12910
nominees and shall request the highest ranking officer in the	12911
major employee organization representing aggregates miners in this	12912
state to do the same. The governor shall appoint one person	12913
nominated by each organization to the commission. The nominees	12914
shall have not less than five years of practical experience in	12915
dealing with mine health and safety issues and at the time of the	12916
nomination shall be employed in positions that involve the	12917
protection of the health and safety of miners. The major employee	12918
organization representing coal miners and the major employee	12919
organization representing aggregates miners shall represent a	12920
membership consisting of the largest number of coal miners and	12921
aggregates miners, respectively, in this state compared to other	12922
employee organizations in the year prior to the year in which the	12923
appointments are made.	12924

When the commission hears an appeal that involves a coal	12925
mining safety issue, one of the commission members who owns and	12926
operates a farm or is a retired farmer shall be replaced by the	12927
additional member who is a representative of coal miners. When the	12928
commission hears an appeal that involves an aggregates mining	12929
safety issue, one of the commission members who owns and operates	12930
a farm or is a retired farmer shall be replaced by the additional	12931
member who is a representative of aggregates miners. Neither of	12932
the additional members who are appointed specifically to hear	12933
appeals that involve mine safety issues shall be considered to be	12934
members of the commission for any other purpose, and they shall	12935
not participate in any other matters that come before the	12936
commission.	12937

The commission may appoint a secretary to hold office at its	12938
pleasure. A commission member may serve as secretary. The	12939
secretary shall perform such duties as the commission prescribes,	12940
and shall receive such compensation as the commission fixes in	12941
accordance with such schedules as are provided by law for the	12942
compensation of state employees.	12943

The commission shall appoint one or more hearing officers who	12944
shall be attorneys at law admitted to practice in this state to	12945
conduct hearings under this chapter.	12946

Four members constitute a quorum, and no action of the	12947
commission shall be valid unless it has the concurrence of at	12948
least four members. The commission shall keep a record of its	12949
proceedings.	12950

Each member shall be paid as compensation for work as a	12951
member one hundred fifty dollars per day when actually engaged in	12952
the performance of work as a member and when engaged in travel	12953
necessary in connection with such work. In addition to such	12954
compensation each member shall be reimbursed for all traveling,	12955
hotel, and other expenses, in accordance with the current travel	12956
rules of the office of budget and management, necessarily incurred	12957
in the performance of the member's work as a member.	12958

Annually one member shall be elected as chairperson and	12959
another member shall be elected as vice-chairperson for terms of	12960
one year.	12961

The governor may remove any member of the commission from	12962
office for inefficiency, neglect of duty, malfeasance,	12963
misfeasance, or nonfeasance, after delivering to the member the	12964
charges against the member in writing with at least ten days'	12965
written notice of the time and place at which the governor will	12966
publicly hear the member, either in person or by counsel, in	12967
defense of the charges against the member. If the member is	12968
removed from office, the governor shall file in the office of the	12969
secretary of state a complete statement of the charges made	12970
against the member and a complete report of the proceedings. The	12971
action of the governor removing a member from office is final.	12972

The commission shall adopt rules governing procedure of	12973
appeals under section 1513.13 of the Revised Code and may, for its	12974
own internal management, adopt rules that do not affect private	12975
rights.	12976

Sec. 1515.08.  The supervisors of a soil and water	12977
conservation district have the following powers in addition to	12978
their other powers:	12979

(A) To conduct surveys, investigations, and research relating	12980
to the character of soil erosion, floodwater and sediment damages,	12981
and the preventive and control measures and works of improvement	12982
for flood prevention and the conservation, development,	12983
utilization, and disposal of water needed within the district, and	12984
to publish the results of those surveys, investigations, or	12985
research, provided that no district shall initiate any research	12986
program except in cooperation or after consultation with the Ohio	12987
agricultural research and development center;	12988

(B) To develop plans for the conservation of soil resources,	12989
for the control and prevention of soil erosion, and for works of	12990
improvement for flood prevention and the conservation,	12991
development, utilization, and disposal of water within the	12992
district, and to publish those plans and information;	12993

(C) To implement, construct, repair, maintain, and operate	12994
preventive and control measures and other works of improvement for	12995
natural resource conservation and development and flood	12996
prevention, and the conservation, development, utilization, and	12997
disposal of water within the district on lands owned or controlled	12998
by this state or any of its agencies and on any other lands within	12999
the district, which works may include any facilities authorized	13000
under state or federal programs, and to acquire, by purchase or	13001
gift, to hold, encumber, or dispose of, and to lease real and	13002
personal property or interests in such property for those	13003
purposes;	13004

(D) To cooperate or enter into agreements with any occupier	13005
of lands within the district in the carrying on of natural	13006
resource conservation operations and works of improvement for	13007
flood prevention and the conservation, development, utilization,	13008
and management of natural resources within the district, subject	13009
to such conditions as the supervisors consider necessary;	13010

(E) To accept donations, gifts, grants, and contributions in	13011
money, service, materials, or otherwise, and to use or expend them	13012
according to their terms;	13013

(F) To adopt, amend, and rescind rules to carry into effect	13014
the purposes and powers of the district;	13015

(G) To sue and plead in the name of the district, and be sued	13016
and impleaded in the name of the district, with respect to its	13017
contracts and, as indicated in section 1515.081 of the Revised	13018
Code, certain torts of its officers, employees, or agents acting	13019
within the scope of their employment or official responsibilities,	13020
or with respect to the enforcement of its obligations and	13021
covenants made under this chapter;	13022

(H) To make and enter into all contracts, leases, and	13023
agreements and execute all instruments necessary or incidental to	13024
the performance of the duties and the execution of the powers of	13025
the district under this chapter, provided that all of the	13026
following apply:	13027

(1) Except as provided in section 307.86 of the Revised Code	13028
regarding expenditures by boards of county commissioners, when the	13029
cost under any such contract, lease, or agreement, other than	13030
compensation for personal services or rental of office space,	13031
involves an expenditure of more than the amount established in	13032
that section regarding expenditures by boards of county	13033
commissioners, the supervisors shall make a written contract with	13034
the lowest and best bidder after advertisement, for not less than	13035
two nor more than four consecutive weeks preceding the day of the	13036
opening of bids, in a newspaper of general circulation within the	13037
district and in such other publications as the supervisors	13038
determine. The notice shall state the general character of the	13039
work and materials to be furnished, the place where plans and	13040
specifications may be examined, and the time and place of	13041
receiving bids.	13042

(2) Each bid for a contract shall contain the full name of	13043
every person interested in it.	13044

(3) Each bid for a contract for the construction, demolition,	13045
alteration, repair, or reconstruction of an improvement shall meet	13046
the requirements of section 153.54 of the Revised Code.	13047

(4) Each bid for a contract, other than a contract for the	13048
construction, demolition, alteration, repair, or reconstruction of	13049
an improvement, at the discretion of the supervisors, may be	13050
accompanied by a bond or certified check on a solvent bank in an	13051
amount not to exceed five per cent of the bid, conditioned that,	13052
if the bid is accepted, a contract shall be entered into.	13053

(5) The supervisors may reject any and all bids.

13054

(I) To make agreements with the department of natural	13055
resources giving it control over lands of the district for the	13056
purpose of construction of improvements by the department under	13057
section 1501.011 of the Revised Code;	13058

(J) To charge, alter, and collect rentals and other charges	13059
for the use or services of any works of the district;	13060

(K) To enter, either in person or by designated	13061
representatives, upon lands, private or public, in the necessary	13062
discharge of their duties;	13063

(L) To enter into agreements or contracts with the department	13064
for the determination, implementation, inspection, and funding of	13065
agricultural pollution abatement and urban sediment pollution	13066
abatement measures whereby landowners, operators, managers, and	13067
developers may meet adopted state standards for a quality	13068
environment, except that failure of a district board of	13069
supervisors to negotiate an agreement or contract with the	13070
department shall authorize the division of soil and water	13071
conservation to implement the required program;	13072

(M) To conduct demonstrations and provide information to the	13073
public regarding practices and methods for natural resource	13074
conservation, development, and utilization;	13075

(N) Until June 1, 1996, to conduct surveys and investigations	13076
relating to the incidence of the multiflora rose within the	13077
district and of the nature and extent of the adverse effects of	13078
the multiflora rose on agriculture, forestry, recreation, and	13079
other beneficial land uses;	13080

(O) Until June 1, 1996, to develop plans for the control of	13081
the multiflora rose within the district and to publish those plans	13082
and information related to control of the multiflora rose;	13083

(P) Until June 1, 1996, to enter into contracts or agreements	13084
with the chief of the division of soil and water conservation to	13085
implement and administer a program for control of the multiflora	13086
rose and to receive and expend funds provided by the chief for	13087
that purpose;	13088

(Q) Until June 1, 1996, to enter into cost-sharing agreements	13089
with landowners for control of the multiflora rose. Before	13090
entering into any such agreement, the board of supervisors shall	13091
determine that the landowner's application meets the eligibility	13092
criteria established under division (E)(6) of section 1511.02 of	13093
the Revised Code. The cost-sharing agreements shall contain the	13094
contract provisions required by the rules adopted under that	13095
division and such other provisions as the board of supervisors	13096
considers appropriate to ensure effective control of the	13097
multiflora rose.	13098

(R) To enter into contracts or agreements with the chief to	13099
implement and administer a program for urban sediment pollution	13100
abatement and to receive and expend moneys provided by the chief	13101
for that purpose;	13102

(S) To develop operation and management plans, as defined in	13103
section 1511.01 of the Revised Code, as necessary;	13104

(T) To determine whether operation and management plans	13105
developed under division (A) of section 1511.021 of the Revised	13106
Code comply with the standards established under division (E)(1)	13107
of section 1511.02 of the Revised Code and to approve or	13108
disapprove the plans, based on such compliance. If an operation	13109
and management plan is disapproved, the board shall provide a	13110
written explanation to the person who submitted the plan. The	13111
person may appeal the plan disapproval to the chief, who shall	13112
afford the person a hearing. Following the hearing, the chief	13113
shall uphold the plan disapproval or reverse it. If the chief	13114
reverses the plan disapproval, the plan shall be deemed approved	13115
under this division. In the event that any person operating or	13116
owning agricultural land or a concentrated animal feeding	13117
operation in accordance with an approved operation and management	13118
plan who, in good faith, is following that plan, causes	13119
agricultural pollution, the plan shall be revised in a fashion	13120
necessary to mitigate the agricultural pollution, as determined	13121
and approved by the board of supervisors of the soil and water	13122
conservation district.	13123

(U) With regard to composting conducted in conjunction with	13124
agricultural operations, to do all of the following:	13125

(1) Upon request or upon their own initiative, inspect	13126
composting at any such operation to determine whether the	13127
composting is being conducted in accordance with section 1511.022	13128
of the Revised Code;	13129

(2) If the board determines that composting is not being so	13130
conducted, request the chief to issue an order under division (G)	13131
of section 1511.02 of the Revised Code requiring the person who is	13132
conducting the composting to prepare a composting plan in	13133
accordance with rules adopted under division (E)(10)(c) of that	13134
section and to operate in accordance with that plan or to operate	13135
in accordance with a previously prepared plan, as applicable;	13136

(3) In accordance with rules adopted under division	13137
(E)(10)(c) of section 1511.02 of the Revised Code, review and	13138
approve or disapprove any such composting plan. If a plan is	13139
disapproved, the board shall provide a written explanation to the	13140
person who submitted the plan.	13141

As used in division (U) of this section, "composting" has the	13142
same meaning as in section 1511.01 of the Revised Code.	13143

(V) With regard to conservation activities that are conducted	13144
in conjunction with agricultural operations, to assist the county	13145
auditor, upon request, in determining whether a conservation	13146
activity is a conservation practice for purposes of Chapter 929.	13147
or sections 5713.30 to 5713.37 and 5715.01 of the Revised Code.	13148

As used in this division, "conservation practice" has the	13149
same meaning as in section 5713.30 of the Revised Code.	13150

(W) To do all acts necessary or proper to carry out the	13151
powers granted in this chapter.	13152

The director of natural resources shall make recommendations	13153
to reduce the adverse environmental effects of each project that a	13154
soil and water conservation district plans to undertake under	13155
division (A), (B), (C), or (D) of this section and that will be	13156
funded in whole or in part by moneys authorized under section	13157
1515.16 of the Revised Code and shall disapprove any such project	13158
that the director finds will adversely affect the environment	13159
without equal or greater benefit to the public. The director's	13160
disapproval or recommendations, upon the request of the district	13161
filed in accordance with rules adopted by the Ohio soil and water	13162
conservation commission, shall be reviewed by the commission,	13163
which may confirm the director's decision, modify it, or add	13164
recommendations to or approve a project the director has	13165
disapproved.	13166

Any instrument by which real property is acquired pursuant to	13167
this section shall identify the agency of the state that has the	13168
use and benefit of the real property as specified in section	13169
5301.012 of the Revised Code.	13170

Sec. 1519.05. (A) As used in this section, "local political	13171
subdivision" and "nonprofit organization" have the same meanings	13172
as in section 164.20 of the Revised Code.	13173

(B) There is hereby created in the state treasury the clean	13174
Ohio trail fund. Twelve and one-half per cent of the net proceeds	13175
of obligations issued and sold pursuant to sections 151.01 and	13176
151.09 of the Revised Code shall be deposited into the fund.	13177

Investment earnings of the fund shall be credited to the	13178
fund. For two years after the effective date of this section,	13179
investment earnings credited to the fundand may be used to pay	13180
costs incurred by the director of natural resources in	13181
administering this section.	13182

Money in the clean Ohio trail fund shall not be used for the	13183
appropriation of land, rights, rights-of-way, franchises,	13184
easements, or other property through the exercise of the right of	13185
eminent domain.	13186

The director shall use moneys in the fund exclusively to	13187
provide matching grants to nonprofit organizations and to local	13188
political subdivisions for the purposes of purchasing land or	13189
interests in land for recreational trails and for the construction	13190
of such trails. A matching grant may provide up to seventy-five	13191
per cent of the cost of a recreational trail project, and the	13192
recipient of the matching grant shall provide not less than	13193
twenty-five per cent of that cost.	13194

(C) The director shall establish policies for the purposes of	13195
this section. The policies shall establish all of the following:	13196

(1) Procedures for providing matching grants to nonprofit	13197
organizations and local political subdivisions for the purposes of	13198
purchasing land or interests in land for recreational trails and	13199
for the construction of such trails, including, without	13200
limitation, procedures for both of the following:	13201

(a) Developing a grant application form and soliciting,	13202
accepting, and approving grant applications;	13203

(b) Participation by nonprofit organizations and local	13204
political subdivisions in the application process.	13205

(2) A requirement that an application for a matching grant	13206
for a recreational trail project include a copy of a resolution	13207
supporting the project from each county in which the proposed	13208
project is to be conducted and whichever of the following is	13209
applicable:	13210

(a) If the proposed project is to be conducted wholly within	13211
the geographical boundaries of one township, a copy of a	13212
resolution supporting the project from the township;	13213

(b) If the proposed project is to be conducted wholly within	13214
the geographical boundaries of one municipal corporation, a copy	13215
of a resolution supporting the project from the municipal	13216
corporation;	13217

(c) If the proposed project is to be conducted in more than	13218
one, but fewer than five townships or municipal corporations, a	13219
copy of a resolution supporting the project from at least one-half	13220
of the total number of townships and municipal corporations in	13221
which the proposed project is to be conducted;	13222

(d) If the proposed project is to be conducted in five or	13223
more municipal corporations, a copy of a resolution supporting the	13224
project from at least three-fifths of the total number of	13225
townships and municipal corporations in which the proposed project	13226
is to be conducted.	13227

(3) Eligibility criteria that must be satisfied by an	13228
applicant in order to receive a matching grant and that emphasize	13229
the following:	13230

(a) Synchronization with the statewide trail plan;

13231

(b) Complete regional systems and links to the statewide	13232
trail system;	13233

(c) A combination of funds from various state agencies;

13234

(d) The provision of links in urban areas that support	13235
commuter access and show economic impact on local communities;	13236

(e) The linkage of population centers with public outdoor	13237
recreation areas and facilities;	13238

(f) The purchase of rail lines that are linked to the	13239
statewide trail plan;	13240

(g) The preservation of natural corridors.

13241

(4) Items of value, such as in-kind contributions of land,	13242
easements or other interests in land, labor, or materials, that	13243
may be considered as contributing toward the percentage of the	13244
cost of a recreational trails project that must be provided by a	13245
matching grant recipient.	13246

Sec. 1521.06.  (A) No dam may be constructed for the purpose	13247
of storing, conserving, or retarding water, or for any other	13248
purpose, nor shall any dike or levee be constructed for the	13249
purpose of diverting or retaining flood water, unless the person	13250
or governmental agency desiring the construction has a	13251
construction permit for the dam, dike, or levee issued by the	13252
chief of the division of water.	13253

A construction permit is not required under this section for:

13254

(1) A dam whichthat is or will be less than ten feet in	13255
height and whichthat has or will have a storage capacity of not	13256
more than fifty acre-feet at the elevation of the top of the dam,	13257
as determined by the chief. For the purposes of this section, the	13258
height of a dam shall be measured from the natural stream bed or	13259
lowest ground elevation at the downstream or outside limit of the	13260
dam to the elevation of the top of the dam.	13261

(2) A dam, regardless of height, whichthat has or will have	13262
a storage capacity of not more than fifteen acre-feet at the	13263
elevation of the top of the dam, as determined by the chief;	13264

(3) A dam, regardless of storage capacity, whichthat is or	13265
will be six feet or less in height, as determined by the chief;	13266

(4) A dam, dike, or levee whichthat belongs to a class	13267
exempted by the chief;	13268

(5) The repair, maintenance, improvement, alteration, or	13269
removal of a dam, dike, or levee whichthat is subject to section	13270
1521.062 of the Revised Code, unless the construction constitutes	13271
an enlargement of the structure as determined by the chief;	13272

(6) A dam or impoundment constructed under Chapter 1513. of	13273
the Revised Code.	13274

(B) Before a construction permit may be issued, three copies	13275
of the plans and specifications, including a detailed cost	13276
estimate, for the proposed construction, prepared by a registered	13277
professional engineer, together with the filing fee specified by	13278
this section and the bond or other security required by section	13279
1521.061 of the Revised Code, shall be filed with the chief. The	13280
detailed estimate of the cost shall include all costs associated	13281
with the construction of the dam, dike, or levee, including	13282
supervision and inspection of the construction by a registered	13283
professional engineer. Except for a political subdivision, theThe	13284
filing fee shall be based on the detailed cost estimate for the	13285
proposed construction as filed with and approved by the chief, and	13286
shall be determined by the following schedule unless otherwise	13287
provided by rules adopted under this section:	13288

(1) For the first one hundred thousand dollars of estimated	13289
cost, a fee of twofour per cent;	13290

(2) For the next four hundred thousand dollars of estimated	13291
cost, a fee of one and one-halfthree per cent;	13292

(3) For the next five hundred thousand dollars of estimated	13293
cost, a fee of onetwo per cent;	13294

(4) For all costs in excess of one million dollars, a fee of	13295
one-quarterone-half of one per cent.	13296

In no case shall the filing fee be less than two hundredone	13297
thousand dollars or more than fiftyone hundred thousand dollars.	13298
If the actual cost exceeds the estimated cost by more than fifteen	13299
per cent, an additional filing fee shall be required equal to the	13300
fee determined by the preceding schedule less the original filing	13301
fee. The filing fee for a political subdivision shall be two	13302
hundred dollars. All fees collected pursuant to this section, and	13303
all fines collected pursuant to section 1521.99 of the Revised	13304
Code, shall be deposited in the state treasury to the credit of	13305
the dam safety fund, which is hereby created. Expenditures from	13306
the fund shall be made by the chief for the purpose of	13307
administering this section and sections 1521.061 and 1521.062 of	13308
the Revised Code.	13309

(C) The chief shall, within thirty days from the date of the	13310
receipt of the application, fee, and bond or other security, issue	13311
or deny a construction permit for the construction or may issue a	13312
construction permit conditioned upon the making of such changes in	13313
the plans and specifications for the construction as hethe chief	13314
considers advisable if hethe chief determines that the	13315
construction of the proposed dam, dike, or levee, in accordance	13316
with the plans and specifications filed, would endanger life,	13317
health, or property.	13318

(D) The chief may deny a construction permit if he finds	13319
after finding that a dam, dike, or levee built in accordance with	13320
the plans and specifications would endanger life, health, or	13321
property, because of improper or inadequate design, or for such	13322
other reasons as the chief may determine.	13323

In the event the chief denies a permit for the construction	13324
of the dam, dike, or levee, or issues a permit conditioned upon a	13325
making of changes in the plans or specifications for the	13326
construction, hethe chief shall state histhe reasons therefor	13327
and so notify, in writing, the person or governmental agency	13328
making the application for a permit. If the permit is denied, the	13329
chief shall return the bond or other security to the person or	13330
governmental agency making application for the permit.	13331

The decision of the chief conditioning or denying a	13332
construction permit is subject to appeal as provided in Chapter	13333
119. of the Revised Code. A dam, dike, or levee built	13334
substantially at variance from the plans and specifications upon	13335
which a construction permit was issued is in violation of this	13336
section. The chief may at any time inspect any dam, dike, or	13337
levee, or site upon which any dam, dike, or levee is to be	13338
constructed, in order to determine whether it complies with this	13339
section.	13340

(E) A registered professional engineer shall inspect the	13341
construction for which the permit was issued during all phases of	13342
construction and shall furnish to the chief such regular reports	13343
of histhe engineer's inspections as the chief may require. When	13344
the chief finds that construction has been fully completed in	13345
accordance with the terms of the permit and the plans and	13346
specifications approved by himthe chief, hethe chief shall	13347
approve the construction. When one year has elapsed after approval	13348
of the completed construction, and the chief finds that within	13349
this period no fact has become apparent to indicate that the	13350
construction was not performed in accordance with the terms of the	13351
permit and the plans and specifications approved by the chief, or	13352
that the construction as performed would endanger life, health, or	13353
property, hethe chief shall release the bond or other security.	13354
No bond or other security shall be released until one year after	13355
final approval by the chief, unless the dam, dike, or levee has	13356
been modified so that it will not retain water and has been	13357
approved as nonhazardous after determination by the chief that the	13358
dam, dike, or levee as modified will not endanger life, health, or	13359
property.	13360

(F) When inspections required by this section are not being	13361
performed, the chief shall notify the person or governmental	13362
agency to which the permit has been issued that inspections are	13363
not being performed by the registered professional engineer and	13364
that the chief will inspect the remainder of the construction.	13365
Thereafter, the chief shall inspect the construction and the cost	13366
of inspection shall be charged against the owner. Failure of the	13367
registered professional engineer to submit required inspection	13368
reports shall be deemed notice that histhe engineer's inspections	13369
are not being performed.	13370

(G) The chief may order construction to cease on any dam,	13371
dike, or levee whichthat is being built in violation of the	13372
provisions of this section, and may prohibit the retention of	13373
water behind any dam, dike, or levee whichthat has been built in	13374
violation of the provisions of this section. The attorney general,	13375
upon written request of the chief, may bring an action for an	13376
injunction against any person who violates this section or to	13377
enforce an order or prohibition of the chief made pursuant to this	13378
section.	13379

(H) The chief may adopt rules in accordance with Chapter 119.	13380
of the Revised Code, for the design and construction of dams,	13381
dikes, and levees for which a construction permit is required by	13382
this section or for which periodic inspection is required by	13383
section 1521.062 of the Revised Code, for establishing a filing	13384
fee schedule in lieu of the schedule established under division	13385
(B) of this section, for deposit and forfeiture of bonds and other	13386
securities required by section 1521.061 of the Revised Code, for	13387
the periodic inspection, operation, repair, improvement,	13388
alteration, or removal of all dams, dikes, and levees, as	13389
specified in section 1521.062 of the Revised Code, and for	13390
establishing classes of dams, dikes, or levees whichthat are	13391
exempt from the requirements of sections 1521.06 and 1521.062 of	13392
the Revised Code as being of a size, purpose, or situation which	13393
that does not present a substantial hazard to life, health, or	13394
property. The chief may, by rule, limit the period during which a	13395
construction permit issued under this section is valid. If a	13396
construction permit expires before construction is completed, the	13397
person or agency shall apply for a new permit, and shall not	13398
continue construction until the new permit is issued.	13399

(I) As used in this section and section 1521.063 of the	13400
Revised Code, "political subdivision" includes townships,	13401
municipal corporations, counties, school districts, municipal	13402
universities, park districts, sanitary districts, and conservancy	13403
districts and subdivisions thereof.	13404

Sec. 1521.063.  (A) Except for a political subdivisionthe	13405
federal government, the owner of any dam subject to section	13406
1521.062 of the Revised Code shall pay an annual fee, based upon	13407
the height of the dam, to the division of water on or before June	13408
30, 1988, and on or before the thirtieth day of June of each	13409
succeeding year. The annual fee shall be as follows until	13410
otherwise provided by rules adopted under this section:	13411

(1) For any dam classified as a class I dam under rules	13412
adopted by the chief of the division of water under section	13413
1521.06 of the Revised Code, thirty dollars plus threeten dollars	13414
per foot of height of dam;	13415

(2) For any dam classified as a class II dam under those	13416
rules, thirty dollars plus one dollar per foot of height of dam;	13417

(3) For any dam classified as a class III dam under those	13418
rules, thirty dollars.	13419

For purposes of this section, the height of a dam is the	13420
vertical height, to the nearest foot, as determined by the	13421
division under section 1521.062 of the Revised Code. All fees	13422
collected under this section shall be deposited in the dam safety	13423
fund created in section 1521.06 of the Revised Code. Any owner who	13424
fails to pay any annual fee required by this section within sixty	13425
days after the due date shall be assessed a penalty of ten per	13426
cent of the annual fee plus interest at the rate of one-half per	13427
cent per month from the due date until the date of payment.	13428

(B) The chief shall, in accordance with Chapter 119. of the	13429
Revised Code, adopt, and may amend or rescind, rules for the	13430
collection of fees and the administration, implementation, and	13431
enforcement of this section and for the establishment of an annual	13432
fee schedule in lieu of the schedule established under division	13433
(A) of this section.	13434

(C)(1) No person, political subdivision, or state	13435
governmental agency shall violate or fail to comply with this	13436
section or any rule or order adopted or issued under it.	13437

(2) The attorney general, upon written request of the chief,	13438
may commence an action against any such violator. Any action under	13439
division (C)(2) of this section is a civil action.	13440

(D) As used in this section, "political subdivision" includes	13441
townships, municipal corporations, counties, school districts,	13442
municipal universities, park districts, sanitary districts, and	13443
conservancy districts and subdivisions thereof.	13444

Sec. 1531.26.  There is hereby created in the state treasury	13445
the nongame and endangered wildlife fund, which shall consist of	13446
moneys paid into it by the tax commissioner under section 5747.113	13447
of the Revised Code, moneys deposited in the fund from the	13448
issuance of wildlife conservation license plates under section	13449
4503.57 of the Revised Code, moneys deposited in the fund from the	13450
issuance of bald eagle license plates under section 4503.572 of	13451
the Revised Code, moneys credited to the fund under section	13452
1533.151 of the Revised Code, and of contributions made directly	13453
to it. Any person may contribute directly to the fund in addition	13454
to or independently of the income tax refund contribution system	13455
established in section 5747.113 of the Revised Code. Moneys in the	13456
fund shall be disbursed pursuant to vouchers approved by the	13457
director of natural resources for use by the division of wildlife	13458
solely for the purchase, management, preservation, propagation,	13459
protection, and stocking of wild animals that are not commonly	13460
taken for sport or commercial purposes, including the acquisition	13461
of title and easements to lands, biological investigations, law	13462
enforcement, production of educational materials, sociological	13463
surveys, habitat development, and personnel and equipment costs;	13464
and for carrying out section 1531.25 of the Revised Code. Moneys	13465
in the fund also may be used to promote and develop nonconsumptive	13466
wildlife recreational opportunities involving wild animals. Moneys	13467
in the fund from the issuance of bald eagle license plates under	13468
section 4503.572 of the Revised Code shall be expended by the	13469
division only to pay the costs of acquiring, developing, and	13470
restoring habitat for bald eagles within this state. Moneys in the	13471
fund from any other source also may be used to pay the costs of	13472
acquiring, developing, and restoring habitat for bald eagles	13473
within this state.	13474

All investment earnings of the fund shall be credited to the	13475
fund. Subject to the approval of the director, the chief of the	13476
division of wildlife may enter into agreements that the chief	13477
considers appropriate to obtain additional moneys for the	13478
protection of nongame native wildlife under the "Endangered	13479
Species Act of 1973," 87 Stat. 884, 16 U.S.C.A. 1541-1543, as	13480
amended, and the "Fish and Wildlife Conservation Act of 1980," 94	13481
Stat. 1322, 16 U.S.C.A. 2901-2911, as amended. Moneys appropriated	13482
from the fund are not intended to replace other moneys	13483
appropriated for these purposes.	13484

Sec. 1533.08.  Except as otherwise provided by division rule,	13485
any person desiring to collect wild animals that are protected by	13486
law or their nests or eggs for scientific study, school	13487
instruction, other educational uses, or rehabilitation shall make	13488
application to the chief of the division of wildlife for a wild	13489
animal collecting permit on a form furnished by the chief. Each	13490
applicant for a wild animal collecting permit, other than an	13491
applicant desiring to rehabilitate wild animals, shall pay an	13492
annual fee of tentwenty-five dollars for each permit. No fee	13493
shall be charged to an applicant desiring to rehabilitate wild	13494
animals. When it appears that the application is made in good	13495
faith, the chief shall issue to the applicant a permit to take,	13496
possess, and transport at any time and in any manner specimens of	13497
wild animals protected by law or their nests and eggs for	13498
scientific study, school instruction, other educational uses, or	13499
rehabilitation and under any additional rules recommended by the	13500
wildlife council. Upon the receipt of a permit, the holder may	13501
take, possess, and transport those wild animals in accordance with	13502
the permit.	13503

Each holder of a permit engaged in collecting such wild	13504
animals shall carry the permit at all times and shall exhibit it	13505
upon demand to any wildlife officer, constable, sheriff, deputy	13506
sheriff, or police officer, to the owner or person in lawful	13507
control of the land upon which the permit holder is collecting, or	13508
to any other person. Failure to so carry or exhibit the permit	13509
constitutes an offense under this section.	13510

Each permit holder shall keep a daily record of all specimens	13511
collected under the permit and the disposition of the specimens	13512
and shall exhibit the daily record to any official of the division	13513
upon demand.	13514

Each permit shall remain in effect for one year from the date	13515
of issuance unless it is revoked sooner by the chief.	13516

All moneys received as fees for the issuance of a wild animal	13517
collecting permit shall be transmitted to the director of natural	13518
resources to be paid into the state treasury to the credit of the	13519
fund created by section 1533.15 of the Revised Code.	13520

Sec. 1533.10.  Except as provided in this section or division	13521
(A) of section 1533.12 of the Revised Code, no person shall hunt	13522
any wild bird or wild quadruped without a hunting license. Each	13523
day that any person hunts within the state without procuring such	13524
a license constitutes a separate offense. Every applicant for a	13525
hunting license who is a resident of the state and sixteen years	13526
of age or more shall procure a resident hunting license, the fee	13527
for which shall be fourteeneighteen dollars, unless the rules	13528
adopted under division (B) of section 1533.12 of the Revised Code	13529
provide for issuance of a resident hunting license to the	13530
applicant free of charge. Every applicant who is a resident of the	13531
state and under the age of sixteen years shall procure a special	13532
youth hunting license, the fee for which shall be one-half of the	13533
regular hunting license fee. The owner of lands in the state and	13534
the owner's children of any age and grandchildren under eighteen	13535
years of age may hunt on the lands without a hunting license. The	13536
tenant or manager and children of the tenant or manager, residing	13537
on lands in the state, may hunt on them without a hunting license.	13538
Every applicant for a hunting license who is a nonresident of the	13539
state shall procure a nonresident hunting license, the fee for	13540
which shall be ninetyone hundred twenty-four dollars, unless the	13541
applicant is a resident of a state that is a party to an agreement	13542
under section 1533.91 of the Revised Code, in which case the fee	13543
shall be fourteeneighteen dollars.	13544

The chief of the division of wildlife may issue a tourist's	13545
small game hunting license expiring three days from the effective	13546
date of the license to a nonresident of the state, the fee for	13547
which shall be twenty-fourthirty-nine dollars. No person shall	13548
take or possess deer, wild turkeys, fur-bearing animals, ducks,	13549
geese, brant, or any nongame animal while possessing only a	13550
tourist'ssmall game hunting license. A tourist'ssmall game	13551
hunting license does not authorize the taking or possessing of	13552
ducks, geese, or brant without having obtained, in addition to the	13553
tourist'ssmall game hunting license, a wetlands habitat stamp as	13554
provided in section 1533.112 of the Revised Code. A tourist's	13555
small game hunting license does not authorize the taking or	13556
possessing of deer, wild turkeys, or fur-bearing animals. A	13557
nonresident of the state who wishes to take or possess deer, wild	13558
turkeys, or fur-bearing animals in this state shall procure,	13559
respectively, a special deer or wild turkey permit as provided in	13560
section 1533.11 of the Revised Code or a fur taker permit as	13561
provided in section 1533.111 of the Revised Code in addition to a	13562
nonresident hunting license as provided in this section.	13563

No person shall procure or attempt to procure a hunting	13564
license by fraud, deceit, misrepresentation, or any false	13565
statement.	13566

This section does not authorize the taking and possessing of	13567
deer or wild turkeys without first having obtained, in addition to	13568
the hunting license required by this section, a special deer or	13569
wild turkey permit as provided in section 1533.11 of the Revised	13570
Code or the taking and possessing of ducks, geese, or brant	13571
without first having obtained, in addition to the hunting license	13572
required by this section, a wetlands habitat stamp as provided in	13573
section 1533.112 of the Revised Code.	13574

This section does not authorize the hunting or trapping of	13575
fur-bearing animals without first having obtained, in addition to	13576
a hunting license required by this section, a fur taker permit as	13577
provided in section 1533.111 of the Revised Code.	13578

No hunting license shall be issued unless it is accompanied	13579
by a written explanation of the law in section 1533.17 of the	13580
Revised Code and the penalty for its violation, including a	13581
description of terms of imprisonment and fines that may be	13582
imposed.	13583

No hunting license shall be issued unless the applicant	13584
presents to the agent authorized to issue the license a previously	13585
held hunting license or evidence of having held such a license in	13586
content and manner approved by the chief, a certificate of	13587
completion issued upon completion of a hunter education and	13588
conservation course approved by the chief, or evidence of	13589
equivalent training in content and manner approved by the chief.	13590

No person shall issue a hunting license to any person who	13591
fails to present the evidence required by this section. No person	13592
shall purchase or obtain a hunting license without presenting to	13593
the issuing agent the evidence required by this section. Issuance	13594
of a hunting license in violation of the requirements of this	13595
section is an offense by both the purchaser of the illegally	13596
obtained hunting license and the clerk or agent who issued the	13597
hunting license. Any hunting license issued in violation of this	13598
section is void.	13599

The chief, with approval of the wildlife council, shall adopt	13600
rules prescribing a hunter education and conservation course for	13601
first-time hunting license buyers and for volunteer instructors.	13602
The course shall consist of subjects including, but not limited	13603
to, hunter safety and health, use of hunting implements, hunting	13604
tradition and ethics, the hunter and conservation, the law in	13605
section 1533.17 of the Revised Code along with the penalty for its	13606
violation, including a description of terms of imprisonment and	13607
fines that may be imposed, and other law relating to hunting.	13608
Authorized personnel of the division or volunteer instructors	13609
approved by the chief shall conduct such courses with such	13610
frequency and at such locations throughout the state as to	13611
reasonably meet the needs of license applicants. The chief shall	13612
issue a certificate of completion to each person who successfully	13613
completes the course and passes an examination prescribed by the	13614
chief.	13615

Sec. 1533.101.  Any person who has been issued a hunting or	13616
fishing license, a wetlands habitat stamp, a deer or wild turkey	13617
permit, or a fur taker permit for the current license, stamp, or	13618
permit year or for the license, stamp, or permit year next	13619
preceding the current such year pursuant to this chapter, and if	13620
the license, stamp, or permit has been lost, destroyed, or stolen,	13621
may be issued a reissued hunting or fishing license, wetlands	13622
habitat stamp, deer or wild turkey permit, or fur taker permit.	13623
The person shall file with the clerk of the court of common pleas	13624
an application in affidavit form or, if the chief of the division	13625
of wildlife authorizes it, apply for a reissued license, stamp, or	13626
permit to an authorized agent designated by the chief, and pay a	13627
fee for each license, stamp, or permit of twofour dollars plus	13628
one dollar to the clerk or agent, who shall issue a reissued	13629
license, stamp, or permit that shall allow the applicant to hunt,	13630
fish, or trap, as the case may be. The clerk or agent shall	13631
administer the oath to the applicant and shall send a copy of the	13632
reissued license, stamp, or permit to the division of wildlife.	13633

All moneys received as fees for the issuance of reissued	13634
licenses, stamps, or permits shall be transmitted to the director	13635
of natural resources to be paid into the state treasury to the	13636
credit of the funds to which the fees for the original licenses,	13637
stamps, and permits were credited.	13638

No person shall knowingly or willfully secure, attempt to	13639
secure, or use a reissued hunting or fishing license, wetlands	13640
habitat stamp, deer or wild turkey permit, or fur taker permit to	13641
which the person is not entitled. No person shall knowingly or	13642
willfully issue a reissued hunting or fishing license, wetlands	13643
habitat stamp, deer or wild turkey permit, or fur taker permit	13644
under this section to any person who is not entitled to receive	13645
and use such a reissued license, stamp, or permit.	13646

Sec. 1533.11.  (A) Except as provided in this section, no	13647
person shall hunt deer on lands of another without first obtaining	13648
an annual special deer permit. Except as provided in this section,	13649
no person shall hunt wild turkeys on lands of another without	13650
first obtaining an annual special wild turkey permit. Each	13651
applicant for a special deer or wild turkey permit shall pay an	13652
annual fee of nineteentwenty-three dollars for each permit,	13653
together with the one-dollar as a fee to the clerk or other	13654
issuing agent established in section 1533.13 of the Revised Code,	13655
for the permit unless the rules adopted under division (B) of	13656
section 1533.12 of the Revised Code provide for issuance of a deer	13657
or wild turkey permit to the applicant free of charge. Except as	13658
provided in division (A) of section 1533.12 of the Revised Code, a	13659
deer or wild turkey permit shall run concurrently with the hunting	13660
license. The money received, other than the one-dollarissuing	13661
agent's fee provided for above, shall be paid into the state	13662
treasury to the credit of the wildlife fund, created in section	13663
1531.17 of the Revised Code, exclusively for the use of the	13664
division of wildlife in the acquisition and development of land	13665
for deer or wild turkey management, for investigating deer or wild	13666
turkey problems, and for the stocking, management, and protection	13667
of deer or wild turkey. Every person, while hunting deer or wild	13668
turkey on lands of another, shall carry the person's special deer	13669
or wild turkey permit and exhibit it to any enforcement officer so	13670
requesting. Failure to so carry and exhibit such a permit	13671
constitutes an offense under this section. The chief of the	13672
division of wildlife shall adopt any additional rules the chief	13673
considers necessary to carry out this section and section 1533.10	13674
of the Revised Code.	13675

The owner and the children of the owner of lands in this	13676
state may hunt deer or wild turkey thereon without a special deer	13677
or wild turkey permit. The tenant or manager and children of the	13678
tenant or manager may hunt deer or wild turkey on lands where they	13679
reside without a special deer or wild turkey permit.	13680

(B) A special deer or wild turkey permit is not transferable.	13681
No person shall carry a special deer or wild turkey permit issued	13682
in the name of another person.	13683

(C) The wildlife refunds fund is hereby created in the state	13684
treasury. The fund shall consist of money received from	13685
application fees for special deer permits that are not issued.	13686
Money in the fund shall be used to make refunds of such	13687
application fees.	13688

Sec. 1533.111.  Except as provided in this section or	13689
division (A) of section 1533.12 of the Revised Code, no person	13690
shall hunt or trap fur-bearing animals on land of another without	13691
first obtaining an annual fur taker permit. Each applicant for a	13692
fur taker permit shall pay an annual fee of tenfourteen dollars,	13693
together with one dollar as a fee to the clerk or other issuing	13694
agent, for the permit, except as otherwise provided in this	13695
section or unless the rules adopted under division (B) of section	13696
1533.12 of the Revised Code provide for issuance of a fur taker	13697
permit to the applicant free of charge. Each applicant who is a	13698
resident of the state and under the age of sixteen years shall	13699
procure a special youth fur taker permit, the fee for which shall	13700
be one-half of the regular fur taker permit fee and which shall be	13701
paid together with the one-dollar as a fee to the clerk or other	13702
issuing agent established in section 1533.13 of the Revised Code.	13703
The fur taker permit shall run concurrently with the hunting	13704
license. The money received, other than the one- dollarissuing	13705
agent's fee provided for in this section, shall be paid into the	13706
state treasury to the credit of the fund established in section	13707
1533.15 of the Revised Code.	13708

No fur taker permit shall be issued unless it is accompanied	13709
by a written explanation of the law in section 1533.17 of the	13710
Revised Code and the penalty for its violation, including a	13711
description of terms of imprisonment and fines that may be	13712
imposed.	13713

No fur taker permit shall be issued unless the applicant	13714
presents to the agent authorized to issue a fur taker permit a	13715
previously held hunting license or trapping or fur taker permit or	13716
evidence of having held such a license or permit in content and	13717
manner approved by the chief of the division of wildlife, a	13718
certificate of completion issued upon completion of a trapper	13719
education course approved by the chief, or evidence of equivalent	13720
training in content and manner approved by the chief.	13721

No person shall issue a fur taker permit to any person who	13722
fails to present the evidence required by this section. No person	13723
shall purchase or obtain a fur taker permit without presenting to	13724
the issuing agent the evidence required by this section. Issuance	13725
of a fur taker permit in violation of the requirements of this	13726
section is an offense by both the purchaser of the illegally	13727
obtained permit and the clerk or agent who issued the permit. Any	13728
fur taker permit issued in violation of this section is void.	13729

The chief, with approval of the wildlife council, shall adopt	13730
rules prescribing a trapper education course for first-time fur	13731
taker permit buyers and for volunteer instructors. The course	13732
shall consist of subjects that include, but are not limited to,	13733
trapping techniques, animal habits and identification, trapping	13734
tradition and ethics, the trapper and conservation, the law in	13735
section 1533.17 of the Revised Code along with the penalty for its	13736
violation, including a description of terms of imprisonment and	13737
fines that may be imposed, and other law relating to trapping.	13738
Authorized personnel of the division of wildlife or volunteer	13739
instructors approved by the chief shall conduct the courses with	13740
such frequency and at such locations throughout the state as to	13741
reasonably meet the needs of permit applicants. The chief shall	13742
issue a certificate of completion to each person who successfully	13743
completes the course and passes an examination prescribed by the	13744
chief.	13745

Every person, while hunting or trapping fur-bearing animals	13746
on lands of another, shall carry the person's fur taker permit	13747
affixed to the person's hunting license with the person's	13748
signature written across the face of the permit. Failure to carry	13749
such a signed permit constitutes an offense under this section.	13750
The chief shall adopt any additional rules the chief considers	13751
necessary to carry out this section.	13752

The owner and the children of the owner of lands in this	13753
state may hunt or trap fur-bearing animals thereon without a fur	13754
taker permit. The tenant or manager and children of the tenant or	13755
manager may hunt or trap fur-bearing animals on lands where they	13756
reside without a fur taker permit.	13757

A fur taker permit is not transferable. No person shall carry	13758
a fur taker permit issued in the name of another person.	13759

A fur taker permit entitles a nonresident to take from this	13760
state fur-bearing animals taken and possessed by the nonresident	13761
as provided by law or division rule.	13762

Sec. 1533.112.  Except as provided in this section or unless	13763
otherwise provided by division rule, no person shall hunt ducks,	13764
geese, or brant on the lands of another without first obtaining an	13765
annual wetlands habitat stamp. The annual fee for the wetlands	13766
habitat stamp shall be tenfourteen dollars for each stamp,	13767
together with the one-dollar as a fee to the clerk or other	13768
issuing agent established in section 1533.13 of the Revised Code,	13769
unless the rules adopted under division (B) of section 1533.12	13770
provide for issuance of a wetlands habitat stamp to the applicant	13771
free of charge.	13772

Moneys received from the stamp fee, other than the one-	13773
dollar clerk'sissuing agent's fee, shall be paid into the state	13774
treasury to the credit of the wetlands habitat fund, which is	13775
hereby established. Moneys shall be paid from the fund on the	13776
order of the director of natural resources for the following	13777
purposes:	13778

(A) Sixty per cent for projects that the division approves	13779
for the acquisition, development, management, or preservation of	13780
waterfowl areas within the state;	13781

(B) Forty per cent for contribution by the division to an	13782
appropriate nonprofit organization for the acquisition,	13783
development, management, or preservation of lands and waters	13784
within the United States or Canada that provide or will provide	13785
habitat for waterfowl with migration routes that cross this state.	13786

No moneys derived from the issuance of wetlands habitat	13787
stamps shall be spent for purposes other than those specified by	13788
this section. All investment earnings of the fund shall be	13789
credited to the fund.	13790

Wetlands habitat stamps shall be furnished by and in a form	13791
prescribed by the chief of the division of wildlife and issued by	13792
clerks and other agents authorized to issue licenses and permits	13793
under section 1533.13 of the Revised Code. The record of stamps	13794
kept by the clerks and other agents shall be uniform throughout	13795
the state, in such form or manner as the director prescribes, and	13796
open at all reasonable hours to the inspection of any person.	13797
Unless otherwise provided by rule, each stamp shall remain in	13798
force until midnight of the thirty-first day of August next	13799
ensuing. Wetlands habitat stamps may be issued in any manner to	13800
any person on any date, whether or not that date is within the	13801
period in which they are effective.	13802

Every person to whom this section applies, while hunting	13803
ducks, geese, or brant, shall carry an unexpired wetlands habitat	13804
stamp that is validated by the person's signature written on the	13805
stamp in ink and shall exhibit the stamp to any enforcement	13806
officer so requesting. No person shall fail to carry and exhibit	13807
the person's stamp.	13808

A wetlands habitat stamp is not transferable.

13809

The chief shall establish a procedure to obtain subject	13810
matter to be printed on the wetlands habitat stamp and shall use,	13811
dispose of, or distribute the subject matter as the chief	13812
considers necessary. The chief also shall adopt rules necessary to	13813
administer this section.	13814

This section does not apply to persons under sixteen years of	13815
age nor to persons exempted from procuring a hunting license under	13816
section 1533.10 or division (A) of section 1533.12 of the Revised	13817
Code.	13818

Sec. 1533.13.  Hunting and fishing licenses, wetlands habitat	13819
stamps, deer and wild turkey permits, and fur taker permits shall	13820
be issued by the clerk of the court of common pleas, village and	13821
township clerks, and other authorized agents designated by the	13822
chief of the division of wildlife. When required by the chief, a	13823
clerk or agent shall give bond in the manner provided by the	13824
chief. All bonds, reports, except records prescribed by the	13825
auditor of state, and moneys received by those persons shall be	13826
handled under rules adopted by the director of natural resources.	13827

The premium of any bond prescribed by the chief under this	13828
section may be paid by the chief. Any person who is designated and	13829
authorized by the chief to issue licenses, stamps, and permits as	13830
provided in this section, except the clerk of the court of common	13831
pleas and the village and township clerks, shall pay to the chief	13832
a premium in an amount that represents the person's portion of the	13833
premium paid by the chief under this section, which amount shall	13834
be established by the chief and approved by the wildlife council	13835
created under section 1531.03 of the Revised Code. The chief shall	13836
pay all moneys that the chief receives as premiums under this	13837
section into the state treasury to the credit of the wildlife fund	13838
created under section 1531.17 of the Revised Code.	13839

Every authorized agent, for the purpose of issuing hunting	13840
and fishing licenses, deer and wild turkey permits, and fur taker	13841
permits, may administer oaths to and take affidavits from	13842
applicants for the licenses or permits when required. An	13843
authorized agent may appoint deputies to perform any acts that the	13844
agent is authorized to perform, consistent with division rules.	13845

Every applicant for a hunting or fishing license, deer or	13846
wild turkey permit, or fur taker permit, unless otherwise provided	13847
by division rule, shall make and subscribe an affidavit setting	13848
forth the applicant's name, age, weight, height, occupation, place	13849
of residence, personal description, and citizenship. The clerk or	13850
other agent authorized to issue licenses, stamps, and permits	13851
shall charge each applicant a fee of one dollar for taking the	13852
affidavit and issuing the license, stamp, or permit unless a	13853
different fee for the issuance of a fishing license is established	13854
in division rule as authorized by section 1533.32 of the Revised	13855
Code. The application, license, permit, and other blanks required	13856
by this section shall be prepared and furnished by the chief, in	13857
such form as the chief provides, to the clerk or other agent	13858
authorized to issue them. The licenses and permits shall be issued	13859
to applicants by the clerk or other agent. The record of licenses	13860
and permits kept by the clerk and other authorized agents shall be	13861
uniform throughout the state and in such form or manner as the	13862
auditor of state prescribes and shall be open at all reasonable	13863
hours to the inspection of any person. Unless otherwise provided	13864
by division rule, each hunting license, deer or wild turkey	13865
permit, and fur taker permit issued shall remain in force until	13866
midnight of the thirty-first day of August next ensuing.	13867
Application for any such license or permit may be made and a	13868
license or permit issued prior to the date upon which it becomes	13869
effective.	13870

The chief may require an applicant who wishes to purchase a	13871
license, stamp, or permit by mail or telephone to pay a nominal	13872
fee for postage and handling.	13873

The court before whom a violator of any laws or division	13874
rules for the protection of wild animals is tried, as a part of	13875
the punishment, shall revoke the license, stamp, or permit of any	13876
person convicted. The license, stamp, or permit fee paid by that	13877
person shall not be returned to the person. The person shall not	13878
procure or use any other license, stamp, or permit or engage in	13879
hunting wild animals or trapping fur-bearing animals during the	13880
period of revocation as ordered by the court.	13881

No person under sixteen years of age shall engage in hunting	13882
unless accompanied by the person's parent or another adult person.	13883

Sec. 1533.151.  The chief of the division of wildlife, with	13884
the approval of the director of natural resources, is hereby	13885
authorized tomay print and issue stamps portraying wild animals	13886
of the state. This stamp shall be identified as a wildlife	13887
conservation stamp and the. The fee for each stamp shall be five	13888
dollarsnot more than the fee for a wetlands habitat stamp issued	13889
under section 1533.112 of the Revised Code together with the	13890
one-dollar fee to the issuing agent established in section 1533.13	13891
of the Revised Code unless otherwise provided by division rule.	13892

The purchase of wildlife conservation stamps shall provide no	13893
privileges to the purchaser, but merely recognizes suchthe person	13894
as voluntarily contributing to the management, protection, and the	13895
perpetuation of the wildlife resources of the state. All moneys	13896
received from the sale of wildlife conservation stamps shall be	13897
paid into the state treasury to the credit of the nongame and	13898
endangered wildlife fund to be used exclusively by the division of	13899
wildlife for the purposes outlined in section 1533.151531.26 of	13900
the Revised Code and for the management of all forms of wildlife	13901
for its ecological and non-consumptive recreational value.	13902

Sec. 1533.19.  Except as otherwise provided by division rule,	13903
recognized field trial clubs may shoot domestically raised quails,	13904
chukar partridges, ducks, pheasants, or other game birds and	13905
common pigeons at any time during the daylight hours from the	13906
first day of September to the thirtieth day of April of the	13907
following year, both dates inclusive. Such domestically raised	13908
quails, chukar partridges, ducks, pheasants, and other game birds	13909
shall be banded prior to release and approved by the division of	13910
wildlife for field trial use, provided that permission for the	13911
holding of such a trial shall be obtained from the division.	13912
Permission shall be requested in writing at least thirty days in	13913
advance of the trial. The request shall contain the name of the	13914
recognized field trial club and the names of its officers, the	13915
date and location of the trial, and the name of the licensed	13916
breeders from whom the quails, chukar partridges, ducks,	13917
pheasants, or other game birds will be obtained. The division may	13918
grant a written permit when it is satisfied that the trial is a	13919
bona fide one conducted by a bona fide club under this section.	13920
When an application is approved, a permit shall be issued after	13921
the payment of a fee of twenty-fivefifty dollars for each day	13922
upon which the trials are conducted. Participants in such trials	13923
need not possess a hunter's license while participating in the	13924
trials. The division shall supervise all such trials and shall	13925
enforce all laws and division rules governing them. If unbanded	13926
quails, chukar partridges, ducks, pheasants, or other game birds	13927
are accidentally shot during such trials, they immediately shall	13928
be replaced by the club by the releasing of an equal number of	13929
live quails, chukar partridges, ducks, pheasants, or other game	13930
birds under the supervision of the division.	13931

Sec. 1533.23.  No person shall deal in or buy green or dried	13932
furs, skins, or parts thereof, taken from fur-bearing animals of	13933
the state, except domesticated rabbits, without a fur dealer's	13934
permit. Every applicant for a fur dealer's permit shall make and	13935
subscribe a statement setting forth histhe applicant's name,	13936
place of residence, and whom hethe applicant represents. Every	13937
applicant for a dealer's permit who is a nonresident of the state,	13938
or who is a resident of the state and is an agent or	13939
representative of a nonresident person, firm, or corporation,	13940
shall pay an annual fee of two hundred dollars to the chief of the	13941
division of wildlife issuing such permit, and every applicant for	13942
a dealer's permit who is a resident of the state shall pay an	13943
annual fee of fiftyseventy-five dollars to the chief of the	13944
division of wildlife issuing such permit, and every. Every fur	13945
dealer shall operate under such additional regulationsrules as	13946
are provided by the chief of the division of wildlife. The chief	13947
shall pay suchthe fees into the state treasury to the credit of	13948
the fund created by section 1533.15 of the Revised Code for the	13949
use of the division of wildlife in the purchase, preservation,	13950
protection, and stocking of fur-bearing animals and for the	13951
necessary clerical help and forms required by this section and	13952
section 1533.24 of the Revised Code.	13953

All permits shall be procured from the chief and the	13954
application, license, and other blanks required by this section	13955
and section 1533.24 of the Revised Code shall be in such form as	13956
the chief prescribes. Each such permit shall expire on the	13957
thirtieth day of April next after its issuance.	13958

Sec. 1533.301.  Any person may apply for a permit to	13959
transport fish that are for sale, sold, or purchased. The chief of	13960
the division of wildlife shall issue an annual permit granting the	13961
applicant the privilege to transport such fish, upon filing of an	13962
application on a form prescribed by the chief and payment of a fee	13963
of fiftysixty-five dollars. No person shall transport any fish or	13964
part thereof that is for sale, sold, or purchased, whether	13965
acquired in or outside this state, unless the consignor has a	13966
permit issued to him for the calendar year in which the fish is	13967
transported, except that no such permit is required for any of the	13968
following:	13969

(A) Fish transported from a point outside this state to	13970
another point outside this state if the fish are not unloaded in	13971
this state. A fish is not to be considered unloaded for purposes	13972
of this section if it remains under the control of a common	13973
carrier.	13974

(B) Fish being transported by a person holding a valid	13975
license under section 1533.34 of the Revised Code from the place	13976
of taking to histhe person's usual place of processing or	13977
temporary storage as designated by himthe person in the	13978
application for the license under that section;	13979

(C) Fish being transported from a premises designated in a	13980
valid permit issued under section 1533.631 of the Revised Code to	13981
a premises where fish are to be sold at retail, sold for immediate	13982
consumption, or consumed if inspection of the designated premises	13983
as required by that section has not been denied during the	13984
preceding thirty days;	13985

(D) Any quantity of fish the total weight of which does not	13986
exceed five hundred pounds in one vehicle;	13987

(E) Minnows for which a permit is required under section	13988
1533.40 of the Revised Code.	13989

If a fish for which a permit is required under this section	13990
is transported in this state from a consignor who does not have a	13991
valid permit at the time of transportation, or if such a fish is	13992
transported in this state from a consignor who has a valid permit	13993
at the time of transportation, but the fish is part of the	13994
contents of a box, package, or receptacle that was or could be the	13995
basis for conviction of a violation of this chapter or a division	13996
rule, the fish may be seized by any law enforcement officer	13997
authorized by section 1531.13 of the Revised Code to enforce laws	13998
and division rules, and the fish shall escheat to the state unless	13999
a court of this state makes a specific finding that the consignor	14000
at the time of seizure had a valid permit under this section	14001
1533.301 of the Revised Code and that the fish are lawful under	14002
the requirements of this chapter or a division rule relating	14003
thereto.	14004

A fish for which a permit is required under this section may	14005
be transported only if each box, package, or other receptacle	14006
bears a label showing the total weight in pounds, the species of	14007
the fish, the name of the consignor and consignee, the initial	14008
point of billing, the destination, and a statement that each	14009
species of fish by weight in the box, package, or other receptacle	14010
that are undersized under the provisions of section 1533.63 of the	14011
Revised Code or division rule is ten per cent or less or is in	14012
excess of ten per cent, whichever the fact may be. If fish are not	14013
boxed or packaged, each compartment of a tank or other receptacle	14014
shall be considered a separate receptacle, but in lieu of a label	14015
on the compartment or tank a written statement containing the same	14016
information required to be contained on a label, and clearly	14017
identifying the tank or receptacle concerned, may be carried in	14018
the vehicle. Species may be designated in any manner, but the	14019
label also shall bear either the common name indicated in section	14020
1533.63 of the Revised Code or the scientific name contained in	14021
section 1531.01 of the Revised Code. The consignor shall ascertain	14022
that labels are attached or statements carried as required herein	14023
and that the facts stated thereon are true.	14024

The permit required by this section may be suspended by the	14025
chief for a period not to exceed five days upon conviction of the	14026
permittee of a violation of this chapter or Chapter 1531. of the	14027
Revised Code or a division rule if the permittee has been	14028
convicted of another such violation during the preceding	14029
twelve-month period. If the permittee has had two or more such	14030
convictions during the twelve-month period preceding such a	14031
conviction, histhe permittee's permit may be suspended as	14032
provided herein for a period not to exceed twenty days. A permit	14033
is invalid during the period of suspension, but in no case is a	14034
permit invalid until fifteen days after mailing by certified mail	14035
a notice of the rule of suspension by the chief.	14036

The chief may not suspend more than one permit of the same	14037
permittee, or suspend a permit of the same permittee more than	14038
once, for convictions resulting from violations that occur in a	14039
load in one vehicle.	14040

A driver or other person in charge of a vehicle transporting	14041
fish that are for sale, sold, or purchased, upon demand by any law	14042
enforcement officer authorized by section 1531.13 of the Revised	14043
Code to enforce laws and division rules, shall stop and open the	14044
vehicle and allow inspection of the load, and any box, package, or	14045
receptacle, and the contents thereof, for the purpose of	14046
determining whether this chapter or a division rule is being	14047
violated.	14048

The word "fish" in the English language, at least eight	14049
inches high and maintained in a clear, conspicuous, and legible	14050
condition at all times, shall appear on both sides of the vehicle	14051
body of all vehicles transporting fresh water fish in this state	14052
when the fish are for sale or sold, except those fish exempt from	14053
a transportation permit in divisions (A), (B), and (E) of this	14054
section.	14055

The chief may refuse to issue a permit to any person whose	14056
purpose in applying for the permit is to allow it to be used by	14057
another person to whom a permit has been refused or revoked. The	14058
chief also may revoke a person's permit when it is used for that	14059
purpose.	14060

No civil action may be brought in any court in the state for	14061
the value or agreed price of fish that have escheated to the state	14062
under this section.	14063

No person shall fail to comply with any provision of this	14064
section or a division rule adopted pursuant thereto.	14065

In addition to other penalties provided in the Revised Code,	14066
the permit of any person who is convicted of two violations of	14067
this section that occurred within a twelve-month period is	14068
suspended upon the second such conviction by operation of law for	14069
a period of five fishing season days immediately following that	14070
conviction.	14071

In addition to other penalties provided in the Revised Code,	14072
the permit of any person who is convicted of three or more	14073
violations of this section that occurred within a twelve-month	14074
period is suspended upon the third or subsequent conviction by	14075
operation of law for a period of twenty fishing season days	14076
immediately following that conviction.	14077

During any period of suspension, no person shall use or	14078
engage in hauling or transporting fish with equipment owned, used,	14079
or controlled at the time of conviction by the permittee whose	14080
permit has been suspended.	14081

Sec. 1533.32.  Except as provided in this section or division	14082
(A) or (C) of section 1533.12 of the Revised Code, no person,	14083
including nonresidents, shall take or catch any fish by angling in	14084
any of the waters in the state or engage in fishing in those	14085
waters without a license. No person shall take or catch frogs or	14086
turtles without a valid fishing license, except as provided in	14087
this section. Persons fishing in privately owned ponds, lakes, or	14088
reservoirs to or from which fish are not accustomed to migrate are	14089
exempt from the license requirements set forth in this section.	14090
Persons fishing in privately owned ponds, lakes, or reservoirs	14091
that are open to public fishing through an agreement or lease with	14092
the division of wildlife shall comply with the license	14093
requirements set forth in this section.	14094

The fee for an annual license shall be twenty-three	14095
thirty-nine dollars, unless otherwise provided by division rule,	14096
for a resident of a state that is not a party to an agreement	14097
under section 1533.91 of the Revised Code. The fee for an annual	14098
license shall be fourteeneighteen dollars, unless otherwise	14099
provided by division rule, for a resident of a state that is a	14100
party to such an agreement. The fee for an annual license for	14101
residents of this state shall be fourteeneighteen dollars unless	14102
otherwise provided by division rule or unless the rules adopted	14103
under division (B) of section 1533.12 of the Revised Code provide	14104
for issuance of a resident fishing license to the applicant free	14105
of charge.	14106

Any person under the age of sixteen years may take or catch	14107
frogs and turtles and take or catch fish by angling without a	14108
license. Any resident of this state sixty-six years of age or	14109
older may take or catch frogs and turtles without a license.	14110

The chief of the division of wildlife may issue a tourist's	14111
license expiring three days from the effective date of the license	14112
to a resident of a state that is not a party to an agreement under	14113
section 1533.91 of the Revised Code. The fee for a tourist's	14114
license shall be fourteeneighteen dollars unless otherwise	14115
provided by division rule.	14116

The chief shall adopt rules under section 1531.10 of the	14117
Revised Code providing for the issuance of a one-day fishing	14118
license to a resident of this state or of any other state. The fee	14119
for such a license shall be fortyfifty-five per cent of the	14120
amount established under this section for a tourist's license,	14121
rounded up to the nearest whole dollar. A one-day fishing license	14122
shall allow the holder to take or catch fish by angling in the	14123
waters in the state, engage in fishing in those waters, or take or	14124
catch frogs or turtles in those waters for one day without	14125
obtaining an annual license or a tourist's license under this	14126
section. At the request of a holder of a one-day fishing license	14127
who wishes to obtain an annual license, a clerk or agent	14128
authorized to issue licenses under section 1533.13 of the Revised	14129
Code, not later than the last day on which the one-day license	14130
would be valid if it were an annual license, shall credit the	14131
amount of the fee paid for the one-day license toward the fee	14132
charged for the annual license if so authorized by the chief. The	14133
clerk or agent shall issue the annual license upon presentation of	14134
the one-day license and payment of a fee in an amount equal to the	14135
difference between the fee for the annual license and the fee for	14136
the one-day license.	14137

A fee of one dollar for each license issued under this	14138
section shall be paid to the issuing clerk or agent in accordance	14139
with section 1533.13 of the Revised Code unless otherwise provided	14140
by division rule.	14141

Unless otherwise provided by division rule, each annual	14142
license shall begin on the first day of March of the current year	14143
and expire on the last day of February of the following year.	14144

No person shall alter a fishing license or possess a fishing	14145
license that has been altered.	14146

No person shall procure or attempt to procure a fishing	14147
license by fraud, deceit, misrepresentation, or any false	14148
statement.	14149

Owners of land over, through, upon, or along which any water	14150
flows or stands, except where the land is in or borders on state	14151
parks or state-owned lakes, together with the members of the	14152
immediate families of such owners, may take frogs and turtles and	14153
may take or catch fish of the kind permitted to be taken or caught	14154
therefrom without procuring a license provided for in this	14155
section. This exemption extends to tenants actually residing upon	14156
such lands and to the members of the immediate families of the	14157
tenants. Residents of state or county institutions, charitable	14158
institutions, and military homes in this state may take frogs and	14159
turtles without procuring the required license, provided that a	14160
member of the institution or home has an identification card,	14161
which shall be carried on that person when fishing.	14162

Every fisher required to be licensed, while fishing or taking	14163
or attempting to take frogs or turtles, shall carry the license	14164
and exhibit it to any person. Failure to so carry and exhibit the	14165
license constitutes an offense under this section.	14166

Sec. 1533.35.  (A) Commercial fishing devices shall be	14167
annually licensed as follows:	14168

(1) Trap and fyke nets, for the first twenty nets or any	14169
portion thereof, eight hundred dollars; and for each additional	14170
group of ten such nets or any portion thereof, four hundred	14171
dollars;	14172

(2) For each seine of one hundred fifty rods or less in	14173
length other than an inland fishing district seine, four hundred	14174
dollars;	14175

(3) For each seine over one hundred fifty rods in length	14176
other than an inland fishing district seine, six hundred dollars;	14177

(4) For each inland fishing district seine, one hundred	14178
dollars;	14179

(5) For each carp apron, one hundred dollars;

14180

(6) For one trotline with seventy hooks or less attached	14181
thereto, twenty dollars;	14182

(7) For each trotline, or trotlines, with a total of more	14183
than seventy hooks attached thereto, one hundred dollars;	14184

(8) For each dip net, one hundred dollars.

14185

The license fee for other commercial fishing gear not	14186
mentioned in this section, as approved by the chief of the	14187
division of wildlife, shall be set by the chief with approval of	14188
the wildlife council.	14189

Commercial fishing gear owned or used by a nonresident may be	14190
licensed in this state only if a reciprocal agreement is in effect	14191
as provided for in section 1533.352 of the Revised Code.	14192

All commercial license fees shall be paid upon application or	14193
shall be paid one-fourth upon application with the balance due and	14194
owing within ninety days of the date of application, except that	14195
those license fees of one hundred dollars or less shall be paid in	14196
full at the time of application.	14197

(B) Royalty fees are hereby established as set forth on the	14198
following species of fish when taken commercially: catfish, white	14199
bass, and yellow perch.	14200

The amount of the royalty fees shall be as follows: on the	14201
species taken for which an allowable catch or quota has been	14202
established by division rule, twofive cents per pound. On the	14203
species taken for which an allowable catch or quota has not been	14204
established by division rule, one centtwo cents per pound on that	14205
portion taken that exceeds one-half of the previous year's taking	14206
of the species.	14207

For the purpose of this section, the previous year's taking	14208
shall be the amount reported for that previous year by the license	14209
holder to the division pursuant to reporting procedures set forth	14210
in this chapter and Chapter 1531. of the Revised Code.	14211

All royalty fees established or provided for in this section	14212
shall be paid by the license holder to the division. No person may	14213
be issued a commercial fishing license until all royalty fees due	14214
from that person for the preceding fishing season have been paid	14215
in full. The chief may request the attorney general to recover any	14216
royalty fee or amount thereof that is not paid by the opening date	14217
of the next fishing season, and the attorney general shall	14218
commence appropriate legal proceedings to recover the unpaid fee	14219
or amount.	14220

All commercial fishing license moneys and all other fees	14221
collected from commercial fishermenfishers shall be deposited in	14222
the state treasury in accordance with section 1533.33 of the	14223
Revised Code.	14224

No person shall fail to comply with any provision of this	14225
section or a division rule adopted pursuant to it.	14226

In addition to other penalties provided in the Revised Code,	14227
the license of any person who is convicted of one or more	14228
violations of this section shall be suspended upon the conviction	14229
by operation of law for a period of eighteen fishing season months	14230
immediately following the conviction.	14231

During any period of suspension, no person shall use or	14232
engage in fishing with commercial gear owned, used, or controlled	14233
at the time of conviction by the licensee whose license has been	14234
suspended.	14235

Sec. 1533.40.  Each person, firm, partnership, association,	14236
or corporation whichthat buys, sells, or deals in minnows,	14237
crayfish, or hellgrammites or collects the listed species for sale	14238
shall obtain, annually, from the chief of the division of wildlife	14239
a permit and shall operate under such rules as the chief of the	14240
division of wildlife prescribesadopts. SuchA permit shall be	14241
issued upon application and the payment of a fee of twenty-five	14242
forty dollars. This permit expires at midnight,on the	14243
thirty-first day of December 31. Nonresidents engaging in the	14244
collecting, seining, or picking of minnows, crayfish, or	14245
hellgrammites for bait shall have a nonresident fishing license as	14246
prescribed in section 1533.32 of the Revised Code.	14247

Sec. 1533.54.  No person shall draw, set, place, locate,	14248
maintain, or possess a pound net, crib net, trammel net, fyke net,	14249
set net, seine, bar net, or fish trap, or any part thereof, or	14250
throw or hand line, with more than three hooks attached thereto,	14251
or any other device for catching fish, except a line with not more	14252
than three hooks attached thereto or lure with not more than three	14253
sets of three hooks each, in the inland fishing district of this	14254
state, except for taking carp, mullet, sheepshead, and grass pike	14255
as provided in section 1533.62 of the Revised Code, and except as	14256
provided in section 1533.60 of the Revised Code, or as otherwise	14257
provided for by division rule. No person shall catch or kill a	14258
fish in that fishing district with what are known as bob lines,	14259
trotlines, or float lines, or by grabbing with the hands, or by	14260
spearing or shooting, or with any other device other than by	14261
angling. In the waters of the inland fishing district, except	14262
those lakes, harbors, and reservoirs controlled by the state, a	14263
trotline may be used with not more than fifty hooks, and no two	14264
hooks less than three feet apart, by the owner or person having	14265
the owner's consent in that part of the stream bordering on or	14266
running through that owner's lands.	14267

Notwithstanding this section, any resident who is licensed to	14268
fish with nets in the Ohio river may possess fish nets for the	14269
sole purpose of storage, repair, drying, and tarring in the area	14270
between United States route fifty and the Ohio river from the	14271
Indiana state line to Cincinnati, Ohio, and in the area between	14272
United States route fifty-two and the Ohio river from Cincinnati,	14273
Ohio, to Chesapeake, Ohio, and in the area between state route	14274
seven and the Ohio river from Chesapeake, Ohio, to East Liverpool,	14275
Ohio.	14276

Any person possessing a net in this reserve district shall	14277
have an Ohio permit for each net in histhe person's possession.	14278
The permit shall be issued annually by the chief of the division	14279
of wildlife upon application of the owner of the net and	14280
submission of evidence by himthe owner of his possession of a	14281
valid fishing license permitting himthe owner to fish with nets	14282
in the Ohio river, and the payment of tenfifty dollars for each	14283
net for which an application is made and a permit is issued. The	14284
permit shall expire at twelve midnight on the fifteenth day of	14285
March of each year.	14286

Sec. 1533.631.  Any person may apply for a permit to handle	14287
commercial fish, or other fish that may be bought or sold under	14288
the Revised Code or division rule, at wholesale. The chief of the	14289
division of wildlife shall issue an annual permit granting the	14290
applicant the privilege to handle such fish at wholesale at one or	14291
more designated premises upon filing of an application on a form	14292
prescribed by the chief and payment of a fee of fiftysixty-five	14293
dollars. No person or hisa person's agent shall handle at	14294
wholesale any fresh water fish or part thereof unless a permit has	14295
been issued for the calendar year in which the fish is handled at	14296
wholesale for the premises at which the fish is handled.	14297

A fish is handled at wholesale for purposes of this section	14298
when it is on a premises within the state and is being held,	14299
stored, handled, or processed for the purpose of sale to a person	14300
who ordinarily resells the fish.	14301

The permit required by this section shall be issued subject	14302
to the right of entry and inspection of the designated premises of	14303
the permittee by any law enforcement officer authorized by section	14304
1531.13 of the Revised Code to enforce the laws and rules of the	14305
division of wildlife. Such an officer may enter and inspect the	14306
designated premises and any box, package, or receptacle, and the	14307
contents thereof, for the purpose of determining whether any	14308
provision of this chapter or Chapter 1531. of the Revised Code or	14309
division rule is being violated.	14310

No person holding a permit under this section shall remove a	14311
label required by section 1533.301 of the Revised Code unless the	14312
box, package, or receptacle bearing the label has been opened or	14313
unless the label is replaced with another label that meets the	14314
requirements of that section.	14315

No person shall fail to comply with any provision of this	14316
section or division rule adopted pursuant to it.	14317

In addition to other penalties provided in the Revised Code,	14318
the permit of any person who is convicted of two violations of	14319
this section that occurred within a twelve-month period is	14320
suspended upon the second such conviction by operation of law for	14321
a period of five fishing season days immediately following that	14322
conviction.	14323

In addition to other penalties provided in the Revised Code,	14324
the permit of any person who is convicted of three or more	14325
violations of this section that occurred within a twelve-month	14326
period is suspended upon the third or subsequent such conviction	14327
by operation of law for a period of twenty fishing season days	14328
immediately following that conviction.	14329

During any period of suspension, no person shall use or	14330
engage in handling commercial fish at wholesale with equipment or	14331
facilities owned, used, or controlled at the time of conviction by	14332
the permittee whose permit has been suspended.	14333

Sec. 1533.632.  (A) As used in this section:

14334

(1) "Aquaculture" means a form of agriculture that involves	14335
the propagation and rearing of aquatic species in controlled	14336
environments under private control, including, but not limited to,	14337
for the purpose of sale for consumption as food.	14338

(2) "Aquaculture species" means any aquatic species that may	14339
be raised through aquaculture that is either a class A aquaculture	14340
species or a class B aquaculture species.	14341

(3) "Class A aquaculture species" includes all of the	14342
following:	14343

(a) Trout and salmon (Onchorhynchus sp., Salmo sp.,	14344
Salvelinus sp.);	14345

(b) Walleye (Stizostedion vitreum);

14346

(c) Sauger (Stizostedion canadense);

14347

(d) Bluegill (Lepomis machrochirus);

14348

(e) Redear sunfish (Lepomis microlophus);

14349

(f) Green sunfish (Lepomis cyanellus);

14350

(g) White crappie (Pomoxis annularis);

14351

(h) Black crappie (Pomoxis nigromaculatus);

14352

(i) Blue catfish (Ictalurus furcatus);

14353

(j) Any species added by rule under division (B) of this	14354
section or listed as commercial fish under section 1531.01 of the	14355
Revised Code except white perch (Morone americana).	14356

(4) "Class B aquaculture species" includes any species,	14357
except for class A aquaculture species, designated as such by the	14358
chief of the division of wildlife.	14359

(5) "Aquaculture production facility" means a facility used	14360
for aquaculture.	14361

(B) The chief, in accordance with Chapter 119. of the Revised	14362
Code, shall adopt rules for the regulation of aquaculture and may	14363
issue permits to persons wishing to engage in aquaculture for the	14364
production of aquaculture species. Rules adopted under this	14365
section shall ensure the protection and preservation of the	14366
wildlife and natural resources of this state. The legal length and	14367
weight limitations established under section 1533.63 of the	14368
Revised Code do not apply to class A or class B aquaculture	14369
species.	14370

A permit may be issued upon application to any person who	14371
satisfies the chief that the person has suitable equipment, of	14372
which hethe person is the owner or lessee, to engage in	14373
aquaculture for a given aquaculture species or group of	14374
aquaculture species. Each permit shall be in such form as the	14375
chief prescribes. The permits shall be classified as either class	14376
A or class B. A class A permit shall be required for all class A	14377
aquaculture species that are specified in this section or	14378
designated by rule as a class A aquaculture species. Class B	14379
permits shall be issued on a case-by-case basis. In determining	14380
whether to issue a class B permit, the chief shall take into	14381
account the species for which the class B permit is requested, the	14382
location of the aquaculture production facility, and any other	14383
information determined by the chief to be necessary to protect the	14384
wildlife and natural resources of this state. The annual fee for a	14385
class A permit shall be fifty dollars unless otherwise provided by	14386
rule by the chief. The annual fee for a class B permit shall be	14387
set by the chief at a level between one hundred and five hundred	14388
dollars. In determining the fee to be charged for a class B	14389
permit, the chief shall take into account the additional costs to	14390
the division for the inspection of aquaculture facilities used to	14391
raise a given class B aquaculture species.	14392

The chief may revoke a permit upon a determination that the	14393
person to whom the permit was issued has violated any rule adopted	14394
under this section. The permit shall be reissued upon a showing by	14395
the person that hethe person is in compliance with the rules	14396
adopted under this section. A holder of an aquaculture permit may	14397
receive a permit issued under section 1533.301, 1533.39, or	14398
1533.40 of the Revised Code without payment of the fee for that	14399
permit if the conditions for the issuance of the permit have been	14400
met.	14401

(C) No person shall knowingly sell any aquatic species under	14402
an aquaculture permit issued under this section that was not	14403
raised in an aquaculture production facility. In addition to any	14404
other penalties prescribed for violation of this division, the	14405
chief may revoke the permit of any person convicted of a violation	14406
of this division for any period of time hethe chief considers	14407
necessary.	14408

(D) No person who does not hold a current valid aquaculture	14409
permit shall knowingly sell an aquaculture species while claiming	14410
to possess an aquaculture permit.	14411

Sec. 1533.71.  Unless otherwise provided by division rule,	14412
any person desiring to engage in the business of raising and	14413
selling game birds, game quadrupeds, reptiles, amphibians, or	14414
fur-bearing animals in a wholly enclosed preserve of which the	14415
person is the owner or lessee, or to have game birds, game	14416
quadrupeds, reptiles, amphibians, or fur-bearing animals in	14417
captivity, shall apply in writing to the division of wildlife for	14418
a license to do so.	14419

The division, when it appears that the application is made in	14420
good faith and upon the payment of the fee for each license, shall	14421
may issue to the applicant any of the following licenses that may	14422
be applied for:	14423

(A) "Commercial propagating license" permitting the licensee	14424
to propagate game birds, game quadrupeds, reptiles, amphibians, or	14425
fur-bearing animals in the wholly enclosed preserve the location	14426
of which is stated in the license and the application therefor,	14427
and to sell the propagated game birds, game quadrupeds, reptiles,	14428
amphibians, or fur-bearing animals and ship them from the state	14429
alive at any time, and permitting the licensee and the licensee's	14430
employees to kill the propagated game birds, game quadrupeds, or	14431
fur-bearing animals and sell the carcasses for food subject to	14432
sections 1533.70 to 1533.80 of the Revised Code. The fee for such	14433
a license is twenty-fiveforty dollars per annum.	14434

(B) "Noncommercial propagating license" permitting the	14435
licensee to propagate game birds, game quadrupeds, reptiles,	14436
amphibians, or fur-bearing animals and to hold the animals in	14437
captivity. Game birds, game quadrupeds, reptiles, amphibians, and	14438
fur-bearing animals propagated or held in captivity by authority	14439
of a noncommercial propagating license are for the licensee's own	14440
use and shall not be sold. The fee for such a license is ten	14441
twenty-five dollars per annum.	14442

(C) A free "raise to release license" permitting duly	14443
organized clubs, associations, or individuals approved by the	14444
division to engage in the raising of game birds, game quadrupeds,	14445
or fur-bearing animals for release only and not for sale or	14446
personal use.	14447

Except as provided by law, no person shall possess game	14448
birds, game quadrupeds, or fur-bearing animals in closed season,	14449
provided that municipal or governmental zoological parks are not	14450
required to obtain the licenses provided for in this section.	14451

All licenses issued under this section shall expire on the	14452
fifteenth day of March of each year.	14453

The chief of the division of wildlife shall pay all moneys	14454
received as fees for the issuance of licenses under this section	14455
into the state treasury to the credit of the fund created by	14456
section 1533.15 of the Revised Code for the use of the division in	14457
the purchase, preservation, and protection of wild animals and for	14458
the necessary clerical help and forms required by sections 1533.70	14459
to 1533.80 of the Revised Code.	14460

This section does not authorize the taking or the release for	14461
taking of the following:	14462

(1) Game birds, without first obtaining a commercial bird	14463
shooting preserve license issued under section 1533.72 of the	14464
Revised Code;	14465

(2) Game or nonnative wildlife, without first obtaining a	14466
wild animal hunting preserve license issued under section 1533.721	14467
of the Revised Code.	14468

Sec. 1533.82.  (A) On receipt of a notice pursuant to section	14469
3123.43 of the Revised Code, the chief of the division of wildlife	14470
shall comply with sections 3123.41 to 3123.50 of the Revised Code	14471
and any applicable rules adopted under section 3123.63 of the	14472
Revised Code with respect to a license, permit, or certificate	14473
issued pursuant to section 1533.23, 1533.34, 1533.342, 1533.39,	14474
1533.40, 1533.51, 1533.631, 1533.71, 1533.72, 1533.81, 1533.88, or	14475
1533.881 of the Revised Code.	14476

(B) On receipt of a notice pursuant to section 3123.62 of the	14477
Revised Code, the chief shall comply with that section and any	14478
applicable rules adopted under section 3123.63 of the Revised Code	14479
with respect to a license, permit, or stamp issued pursuant to	14480
section 1533.10, 1533.11, 1533.111, 1533.112, or 1533.32 of the	14481
Revised Code.	14482

Sec. 1541.10.  Any person selected by the chief of the	14483
division of parks and recreation for custodial or patrol service	14484
on the lands and waters operated or administered by the division	14485
of parks and recreation shall be employed in conformity with the	14486
law applicable to the classified civil service of the state.	14487
Subject to section 1541.11 of the Revised Code, the chief may	14488
designate that person as a park officer. A park officer, on any	14489
lands and waters owned, controlled, maintained, or administered by	14490
the department of natural resources and on highways, as defined in	14491
section 4511.01 of the Revised Code, adjacent to lands and waters	14492
owned, controlled, maintained, or administered by the division,	14493
has the authority specified under section 2935.03 of the Revised	14494
Code for peace officers of the department of natural resources to	14495
keep the peace, to enforce all laws and rules governing those	14496
lands and waters, and to make arrests for violation of those laws	14497
and rules, provided that the authority shall be exercised on lands	14498
or waters administered by another division of the department only	14499
pursuant to an agreement with the chief of that division or to a	14500
request for assistance by an enforcement officer of that division	14501
in an emergency. A park officer, in or along any watercourse	14502
within, abutting, or upstream from the boundary of any area	14503
administered by the department, has the authority to enforce	14504
section 3767.32 of the Revised Code and any other laws prohibiting	14505
the dumping of refuse into or along waters and to make arrests for	14506
violation of those laws. The jurisdiction of park officers shall	14507
be concurrent with that of the peace officers of the county,	14508
township, or municipal corporation in which the violation occurs.	14509
A state park, for purposes of this section, is any area that is	14510
administered as a state park by the division of parks and	14511
recreation.	14512

The governorsecretary of state, upon the recommendation of	14513
the chief, shall issue to each park officer a commission	14514
indicating authority to make arrests as provided in this section.	14515

The chief shall furnish a suitable badge to each commissioned	14516
park officer as evidence of that park officer's authority.	14517

If any person employed under this section is designated by	14518
the chief to act as an agent of the state in the collection of	14519
moneys resulting from the sale of licenses, fees of any nature, or	14520
other moneys belonging to the state, the chief shall require a	14521
surety bond from that person in an amount not less than one	14522
thousand dollars.	14523

A park officer may render assistance to a state or local law	14524
enforcement officer at the request of that officer or may render	14525
assistance to a state or local law enforcement officer in the	14526
event of an emergency.	14527

Park officers serving outside the division of parks and	14528
recreation under this section or serving under the terms of a	14529
mutual aid compact authorized under section 1501.02 of the Revised	14530
Code shall be considered as performing services within their	14531
regular employment for the purposes of compensation, pension or	14532
indemnity fund rights, workers' compensation, and other rights or	14533
benefits to which they may be entitled as incidents of their	14534
regular employment.	14535

Park officers serving outside the division of parks and	14536
recreation under this section or under a mutual aid compact retain	14537
personal immunity from civil liability as specified in section	14538
9.86 of the Revised Code and shall not be considered an employee	14539
of a political subdivision for purposes of Chapter 2744. of the	14540
Revised Code. A political subdivision that uses park officers	14541
under this section or under the terms of a mutual aid compact	14542
authorized under section 1501.02 of the Revised Code is not	14543
subject to civil liability under Chapter 2744. of the Revised Code	14544
as the result of any action or omission of any park officer acting	14545
under this section or under a mutual aid compact.	14546

Sec. 1563.42.  The operator of a mine, before the pillars are	14547
drawn previous to the abandonment of any part of the mine, shall	14548
have a correct map of such part of the mine made, showing its area	14549
and workings to the day of the abandonment and the pillars drawn	14550
previous to abandonment, and file such map within ninety days	14551
after the abandonment of such mine, in the office of the county	14552
recorder of the county where such mine is located, and with the	14553
chief of the division of mineral resources management. Such map	14554
shall have attached the usual certificate of the mining engineer	14555
making it, and the mine foreperson in charge of the underground	14556
workings of the mine, and such operator shall pay to the recorder	14557
for filing such map, a base fee of five dollars for services and a	14558
housing trust fee of five dollars pursuant to section 317.36 of	14559
the Revised Code.	14560

No operator of a mine shall refuse or neglect to comply with	14561
this section.	14562

Sec. 1702.59.  (A) Every nonprofit corporation, incorporated	14563
under the general corporation laws of this state, or previous	14564
laws, or under special provisions of the Revised Code, or created	14565
before September 1, 1851, which corporation has expressedly or	14566
impliedly elected to be governed by the laws passed since that	14567
date, and whose articles or other documents are filed with the	14568
secretary of state, shall file with the secretary of state a	14569
verified statement of continued existence, signed by a director,	14570
officer, or three members in good standing, setting forth the	14571
corporate name, the place where the principal office of the	14572
corporation is located, the date of incorporation, the fact that	14573
the corporation is still actively engaged in exercising its	14574
corporate privileges, and the name and address of its agent	14575
appointed pursuant to section 1702.06 of the Revised Code.	14576

(B) Each corporation required to file a statement of	14577
continued existence shall file it with the secretary of state	14578
within each five years after the date of incorporation or of the	14579
last corporate filing.	14580

(C) Corporations specifically exempted by division (N) of	14581
section 1702.06 of the Revised Code, or whose activities are	14582
regulated or supervised by another state official, agency, bureau,	14583
department, or commission are exempted from this section.	14584

(D) The secretary of state shall give notice in writing and	14585
provide a form for compliance with this section to each	14586
corporation required by this section to file the statement of	14587
continued existence, such notice and form to be mailed to the last	14588
known address of the corporation as it appears on the records of	14589
the secretary of state or which the secretary of state may	14590
ascertain upon a reasonable search.	14591

(E) If any nonprofit corporation required by this section to	14592
file a statement of continued existence fails to file the	14593
statement required every fifth year, then the secretary of state	14594
shall cancel the articles of such corporation, make a notation of	14595
the cancellation on the records, and mail to the corporation a	14596
certificate of the action so taken.	14597

(F) A corporation whose articles have been canceled may be	14598
reinstated by filing an application for reinstatement and paying	14599
to the secretary of state the fee specified in division (Q) of	14600
section 111.16 of the Revised Code. The name of a corporation	14601
whose articles have been canceled shall be reserved for a period	14602
of one year after the date of cancellation. If the reinstatement	14603
is not made within one year from the date of the cancellation of	14604
its articles of incorporation and it appears that a corporate	14605
name, limited liability company name, limited liability	14606
partnership name, limited partnership name, or trade name has been	14607
filed, the name of which is not distinguishable upon the record as	14608
provided in section 1702.06 of the Revised Code, the applicant for	14609
reinstatement shall be required by the secretary of state, as a	14610
condition prerequisite to such reinstatement, to amend its	14611
articles by changing its name. A certificate of reinstatement may	14612
be filed in the recorder's office of any county in the state, for	14613
which the recorder shall charge and collect a base fee of one	14614
dollar for services and a housing trust fund fee of one dollar	14615
pursuant to section 317.36 of the Revised Code. The rights,	14616
privileges, and franchises of a corporation whose articles have	14617
been reinstated are subject to section 1702.60 of the Revised	14618
Code.	14619

(G) The secretary of state shall furnish the tax commissioner	14620
a list of all corporations failing to file the required statement	14621
of continued existence.	14622

Sec. 1711.13.  County agricultural societies are hereby	14623
declared bodies corporate and politic, and as such they shall be	14624
capable of suing and being sued and of holding in fee simple any	14625
real estate purchased by them as sites for their fairs. TheyIn	14626
addition, they may mortgagedo either or both of the following:	14627

(A) Mortgage their grounds for the purpose of renewing or	14628
extending pre-existing debts, and for the purpose of furnishing	14629
money to purchase additional land;, but if the board of county	14630
commissioners has caused money to be paid out of the county	14631
treasury to aid in the purchase of suchthe grounds, no mortgage	14632
shall be given without the consent of suchthe board.	14633

Deeds, conveyances, and agreements in writing, made to and by	14634
such societies, for the purchase of real estate as sites for their	14635
fairs, shall vest a title in fee simple to the real estate therein	14636
described in those documents, without words of inheritance.	14637

(B) Enter into agreements to obtain loans and credit for	14638
expenses related to the purposes of the county agricultural	14639
society, provided that the agreements are in writing and are first	14640
approved by the board of directors of the society. The total net	14641
indebtedness incurred by a county agricultural society pursuant to	14642
this division shall not exceed an amount equal to twenty-five per	14643
cent of its annual revenues.	14644

Sec. 1711.131. (A) The board of directors of a county	14645
agricultural society or an independent agricultural society may	14646
authorize by resolution an officer or employee of the agricultural	14647
society to use a credit card held by the board to pay for expenses	14648
related to the purposes of the agricultural society. If a board	14649
elects to authorize the use of a credit card held by the board as	14650
described in this section, the board first shall adopt a policy	14651
specifying the purposes for which the credit card may be used.	14652

(B) An officer or employee of an agricultural society who	14653
makes unauthorized use of a credit card held by the society's	14654
board of directors is personally liable for the unauthorized use.	14655
The prosecuting attorney of the appropriate county shall recover	14656
the amount of any unauthorized expenses incurred by the officer or	14657
employee through the misuse of the credit card in a civil action	14658
in any court of competent jurisdiction. This section does not	14659
limit any other liability of the officer or employee for the	14660
unauthorized use of a credit card held by the board of directors.	14661

(C) An officer or employee who is authorized to use a credit	14662
card held by the board of directors of an agricultural society and	14663
who suspects the loss, theft, or possibility of unauthorized use	14664
of the credit card immediately shall notify the board in writing	14665
of the suspected loss, theft, or possible unauthorized use. The	14666
officer or employee may be held personally liable for not more	14667
than fifty dollars in unauthorized debt incurred before the board	14668
receives the notification.	14669

(D) The misuse by an officer or employee of an agricultural	14670
society of a credit card held by the society's board of directors	14671
is a violation of section 2913.21 of the Revised Code.	14672

Sec. 1711.15.  In any county in which there is a duly	14673
organized county agricultural society, the board of county	14674
commissioners or the county agricultural society itself may	14675
purchase or lease, for a term of not less than twenty years, real	14676
estate on which to hold fairs under the management and control of	14677
the county agricultural society, and may erect thereon suitable	14678
buildings on the real estate and otherwise improve it.	14679

In counties in which there is a county agricultural society	14680
that has purchased, or leased, for a term of not less than twenty	14681
years, real estate as a site on which to hold fairs or in which	14682
the title to the site is vested in fee in the county, the board of	14683
county commissioners may erect or repair buildings or otherwise	14684
improve the site and pay the rental thereofof it, or contribute	14685
to or pay any other form of indebtedness of the society, if the	14686
director of agriculture has certified to the board that the county	14687
agricultural society is complying with all laws and rules	14688
governing the operation of county agricultural societies. The	14689
board may appropriate from the general fund any amount that it	14690
considers necessary for any of those purposes.	14691

Sec. 1711.17. (A) In any counties in which there is a duly	14692
organized independent agricultural society, the respective boards	14693
of county commissioners may purchase or lease jointly, for a term	14694
of not less than twenty years, real estate on which to hold fairs	14695
under the management and control of the society, and may erect	14696
suitable buildings and otherwise improve the property, and pay the	14697
rental thereof, or contribute to or pay any other form of	14698
indebtedness of the society, if the director of agriculture has	14699
certified to the board that the independent agricultural society	14700
is complying with all laws and rules governing the operation of	14701
county agricultural societies. The boards may appropriate from	14702
their respective general funds such an amount as they consider	14703
necessary for any of those purposes.	14704

(B) An independent agricultural society may purchase or	14705
lease, for a term of not less than twenty years, real estate on	14706
which to hold fairs under its management and control and may erect	14707
suitable buildings on the real estate and otherwise improve it.	14708

Sec. 2101.16.  (A) The fees enumerated in this division shall	14709
be charged and collected, if possible, by the probate judge and	14710
shall be in full for all services rendered in the respective	14711
proceedings:	14712

(B)(1) In relation to an application for the appointment of a	14827
guardian or the review of a report of a guardian under section	14828
2111.49 of the Revised Code, the probate court, pursuant to court	14829
order or in accordance with a court rule, may direct that the	14830
applicant or the estate pay any or all of the expenses of an	14831
investigation conducted pursuant to section 2111.041 or division	14832
(A)(2) of section 2111.49 of the Revised Code. If the	14833
investigation is conducted by a public employee or investigator	14834
who is paid by the county, the fees for the investigation shall be	14835
paid into the county treasury. If the court finds that an alleged	14836
incompetent or a ward is indigent, the court may waive the costs,	14837
fees, and expenses of an investigation.	14838

(2) In relation to the appointment or functioning of a	14839
guardian for a minor or the guardianship of a minor, the probate	14840
court may direct that the applicant or the estate pay any or all	14841
of the expenses of an investigation conducted pursuant to section	14842
2111.042 of the Revised Code. If the investigation is conducted by	14843
a public employee or investigator who is paid by the county, the	14844
fees for the investigation shall be paid into the county treasury.	14845
If the court finds that the guardian or applicant is indigent, the	14846
court may waive the costs, fees, and expenses of an investigation.	14847

(C) Thirty dollars of the thirty-five-dollar fee collected	14848
pursuant to division (A)(34) of this section and twenty dollars of	14849
the sixty-dollar fee collected pursuant to division (A)(59) of	14850
this section shall be deposited by the county treasurer in the	14851
indigent guardianship fund created pursuant to section 2111.51 of	14852
the Revised Code.	14853

(D) The fees of witnesses, jurors, sheriffs, coroners, and	14854
constables for services rendered in the probate court or by order	14855
of the probate judge shall be the same as provided for like	14856
services in the court of common pleas.	14857

(E) The probate court, by rule, may require an advance	14858
deposit for costs, not to exceed one hundred twenty-five dollars,	14859
at the time application is made for an appointment as executor or	14860
administrator or at the time a will is presented for probate.	14861

(F) The probate court, by rule, shall establish a reasonable	14862
fee, not to exceed fifty dollars, for the filing of a petition for	14863
the release of information regarding an adopted person's name by	14864
birth and the identity of the adopted person's biological parents	14865
and biological siblings pursuant to section 3107.41 of the Revised	14866
Code, all proceedings relative to the petition, the entry of an	14867
order relative to the petition, and all services required to be	14868
performed in connection with the petition. The probate court may	14869
use a reasonable portion of a fee charged under authority of this	14870
division to reimburse any agency, as defined in section 3107.39 of	14871
the Revised Code, for any services it renders in performing a task	14872
described in section 3107.41 of the Revised Code relative to or in	14873
connection with the petition for which the fee was charged.	14874

(G)(1) Thirty dollars of the fifty-dollar fee collected	14875
pursuant to division (A)(3) of this section shall be deposited	14876
into the "putative father registry fund," which is hereby created	14877
in the state treasury. The department of job and family services	14878
shall use the money in the fund to fund the department's costs of	14879
performing its duties related to the putative father registry	14880
established under section 3107.062 of the Revised Code.	14881

(2) If the department determines that money in the putative	14882
father registry fund is more than is needed for its duties related	14883
to the putative father registry, the department may use the	14884
surplus moneys in the fund as permitted in division (C) of section	14885
2151.3529, division (B) of section 2151.3530, or section 5103.155	14886
of the Revised Code.	14887

Sec. 2113.041. (A) The administrator of the estate recovery	14888
program established pursuant to section 5111.11 of the Revised	14889
Code may present an affidavit to a financial institution	14890
requesting that the financial institution release account proceeds	14891
to recover the cost of services correctly provided to a medicaid	14892
recipient. The affidavit shall include all of the following	14893
information:	14894

(1) The name of the decedent;

14895

(2) The name of any person who gave notice that the decedent	14896
was a medicaid recipient and that person's relationship to the	14897
decedent;	14898

(3) The name of the financial institution;

14899

(4) The account number;

14900

(5) A description of the claim for estate recovery;

14901

(6) The amount of funds to be recovered.

14902

(B) A financial institution may release account proceeds to	14903
the administrator of the estate recovery program if all of the	14904
following apply:	14905

(1) The decedent held an account at the financial institution	14906
that was in the decedent's name only.	14907

(2) No estate has been, and it is reasonable to assume that	14908
no estate will be, opened for the decedent.	14909

(3) The decedent has no outstanding debts known to the	14910
administrator of the estate recovery program.	14911

(4) The financial institution has received no objections or	14912
has determined that no valid objections to release of proceeds	14913
have been received.	14914

(C) If proceeds have been released pursuant to division (B)	14915
of this section and the department of job and family services	14916
receives notice of a valid claim to the proceeds that has a higher	14917
priority under section 2117.25 of the Revised Code than the claim	14918
of the estate recovery program, the department may refund the	14919
proceeds to the financial institution or pay them to the person or	14920
government entity with the claim.	14921

Sec. 2117.06.  (A) All creditors having claims against an	14922
estate, including claims arising out of contract, out of tort, on	14923
cognovit notes, or on judgments, whether due or not due, secured	14924
or unsecured, liquidated or unliquidated, shall present their	14925
claims in one of the following manners:	14926

(1) To the executor or administrator in a writing;

14927

(2) To the executor or administrator in a writing, and to the	14928
probate court by filing a copy of the writing with it;	14929

(3) In a writing that is sent by ordinary mail addressed to	14930
the decedent and that is actually received by the executor or	14931
administrator within the appropriate time specified in division	14932
(B) of this section. For purposes of this division, if an executor	14933
or administrator is not a natural person, the writing shall be	14934
considered as being actually received by the executor or	14935
administrator only if the person charged with the primary	14936
responsibility of administering the estate of the decedent	14937
actually receives the writing within the appropriate time	14938
specified in division (B) of this section.	14939

(B) AllExcept as provided in section 2117.061 of the Revised	14940
Code, all claims shall be presented within one year after the	14941
death of the decedent, whether or not the estate is released from	14942
administration or an executor or administrator is appointed during	14943
that one-year period. Every claim presented shall set forth the	14944
claimant's address.	14945

(C) AExcept as provided in section 2117.061 of the Revised	14946
Code, a claim that is not presented within one year after the	14947
death of the decedent shall be forever barred as to all parties,	14948
including, but not limited to, devisees, legatees, and	14949
distributees. No payment shall be made on the claim and no action	14950
shall be maintained on the claim, except as otherwise provided in	14951
sections 2117.37 to 2117.42 of the Revised Code with reference to	14952
contingent claims.	14953

(D) In the absence of any prior demand for allowance, the	14954
executor or administrator shall allow or reject all claims, except	14955
tax assessment claims, within thirty days after their	14956
presentation, provided that failure of the executor or	14957
administrator to allow or reject within that time shall not	14958
prevent the executor or administrator from doing so after that	14959
time and shall not prejudice the rights of any claimant. Upon the	14960
allowance of a claim, the executor or the administrator, on demand	14961
of the creditor, shall furnish the creditor with a written	14962
statement or memorandum of the fact and date of the allowance.	14963

(E) If the executor or administrator has actual knowledge of	14964
a pending action commenced against the decedent prior to the	14965
decedent's death in a court of record in this state, the executor	14966
or administrator shall file a notice of the appointment of the	14967
executor or administrator in the pending action within ten days	14968
after acquiring that knowledge. If the administrator or executor	14969
is not a natural person, actual knowledge of a pending suit	14970
against the decedent shall be limited to the actual knowledge of	14971
the person charged with the primary responsibility of	14972
administering the estate of the decedent. Failure to file the	14973
notice within the ten-day period does not extend the claim period	14974
established by this section.	14975

(F) This section applies to any person who is required to	14976
give written notice to the executor or administrator of a motion	14977
or application to revive an action pending against the decedent at	14978
the date of the death of the decedent.	14979

(G) Nothing in this section or in section 2117.07 of the	14980
Revised Code shall be construed to reduce the time mentioned in	14981
section 2125.02, 2305.09, 2305.10, 2305.11, 2305.113, or 2305.12	14982
of the Revised Code, provided that no portion of any recovery on a	14983
claim brought pursuant to any of those sections shall come from	14984
the assets of an estate unless the claim has been presented	14985
against the estate in accordance with Chapter 2117. of the Revised	14986
Code.	14987

(H) Any person whose claim has been presented and has not	14988
been rejected after presentment is a creditor as that term is used	14989
in Chapters 2113. to 2125. of the Revised Code. Claims that are	14990
contingent need not be presented except as provided in sections	14991
2117.37 to 2117.42 of the Revised Code, but, whether presented	14992
pursuant to those sections or this section, contingent claims may	14993
be presented in any of the manners described in division (A) of	14994
this section.	14995

(I) If a creditor presents a claim against an estate in	14996
accordance with division (A)(2) of this section, the probate court	14997
shall not close the administration of the estate until that claim	14998
is allowed or rejected.	14999

(J) The probate court shall not require an executor or	15000
administrator to make and return into the court a schedule of	15001
claims against the estate.	15002

(K) If the executor or administrator makes a distribution of	15003
the assets of the estate prior to the expiration of the time for	15004
the filing of claims as set forth in this section, the executor or	15005
administrator shall provide notice on the account delivered to	15006
each distributee that the distributee may be liable to the estate	15007
up to the value of the distribution and may be required to return	15008
all or any part of the value of the distribution if a valid claim	15009
is subsequently made against the estate within the time permitted	15010
under this section.	15011

Sec. 2117.061. (A) As used in this section, "person	15012
responsible for the estate" means the executor, administrator,	15013
commissioner, or person who filed pursuant to section 2113.03 of	15014
the Revised Code for release from administration of an estate.	15015

(B) If the decedent was fifty-five years of age or older at	15016
the time of death, the person responsible for an estate shall	15017
determine whether the decedent was a recipient of medical	15018
assistance under Chapter 5111. of the Revised Code. If the	15019
decedent was a recipient, the person responsible for the estate	15020
shall give written notice to that effect to the administrator of	15021
the estate recovery program instituted under section 5111.11 of	15022
the Revised Code not later than thirty days after the occurrence	15023
of any of the following:	15024

(1) The granting of letters testamentary;

15025

(2) The administration of the estate;

15026

(3) The filing of an application for release from	15027
administration or summary release from administration.	15028

(C) The person responsible for an estate shall mark the	15029
appropriate box on the appropriate probate form to indicate	15030
compliance with the requirements of division (B) of this section.	15031

(D) The estate recovery program administrator shall present a	15032
claim for estate recovery to the person responsible for the estate	15033
or the person's legal representative not later than ninety days	15034
after the date on which notice is received under division (B) of	15035
this section or one year after the decedent's death, whichever is	15036
later.	15037

Sec. 2117.25. (A) Every executor or administrator shall	15038
proceed with diligence to pay the debts of the decedent and shall	15039
apply the assets in the following order:	15040

(1) Costs and expenses of administration;

15041

(2) An amount, not exceeding two thousand dollars, for	15042
funeral expenses that are included in the bill of a funeral	15043
director, funeral expenses other than those in the bill of a	15044
funeral director that are approved by the probate court, and an	15045
amount, not exceeding two thousand dollars, for burial and	15046
cemetery expenses, including that portion of the funeral	15047
director's bill allocated to cemetery expenses that have been paid	15048
to the cemetery by the funeral director.	15049

For purposes of this division, burial and cemetery expenses	15050
shall be limited to the following:	15051

(a) The purchase of a place of interment;

15052

(b) Monuments or other markers;

15053

(c) The outer burial container;

15054

(d) The cost of opening and closing the place of interment;

15055

(e) The urn.

15056

(3) The allowance for support made to the surviving spouse,	15057
minor children, or both under section 2106.13 of the Revised Code;	15058

(4) Debts entitled to a preference under the laws of the	15059
United States;	15060

(5) Expenses of the last sickness of the decedent;

15061

(6) If the total bill of a funeral director for funeral	15062
expenses exceeds two thousand dollars, then, in addition to the	15063
amount described in division (A)(2) of this section, an amount,	15064
not exceeding one thousand dollars, for funeral expenses that are	15065
included in the bill and that exceed two thousand dollars;	15066

(7) Personal property taxes, claims made under the estate	15067
recovery program instituted pursuant to section 5111.11 of the	15068
Revised Code, and obligations for which the decedent was	15069
personally liable to the state or any of its subdivisions;	15070

(8) Debts for manual labor performed for the decedent within	15071
twelve months preceding the decedent's death, not exceeding three	15072
hundred dollars to any one person;	15073

(9) Other debts for which claims have been presented and	15074
finally allowed.	15075

(B) The part of the bill of a funeral director that exceeds	15076
the total of three thousand dollars as described in divisions	15077
(A)(2) and (6) of this section, and the part of a claim included	15078
in division (A)(8) of this section that exceeds three hundred	15079
dollars shall be included as a debt under division (A)(9) of this	15080
section, depending upon the time when the claim for the additional	15081
amount is presented.	15082

(C) Any natural person or fiduciary who pays a claim of any	15083
creditor described in division (A) of this section shall be	15084
subrogated to the rights of that creditor proportionate to the	15085
amount of the payment and shall be entitled to reimbursement for	15086
that amount in accordance with the priority of payments set forth	15087
in that division.	15088

(D)(1) Chapters 2113. to 2125. of the Revised Code, relating	15089
to the manner in which and the time within which claims shall be	15090
presented, shall apply to claims set forth in divisions (A)(2),	15091
(6), and (8) of this section. Claims for an expense of	15092
administration or for the allowance for support need not be	15093
presented. The executor or administrator shall pay debts included	15094
in divisions (A)(4) and (7) of this section, of which the executor	15095
or administrator has knowledge, regardless of presentation.	15096

(2) The giving of written notice to an executor or	15097
administrator of a motion or application to revive an action	15098
pending against the decedent at the date of death shall be	15099
equivalent to the presentation of a claim to the executor or	15100
administrator for the purpose of determining the order of payment	15101
of any judgment rendered or decree entered in such an action.	15102

(E) No payments shall be made to creditors of one class until	15103
all those of the preceding class are fully paid or provided for.	15104
If the assets are insufficient to pay all the claims of one class,	15105
the creditors of that class shall be paid ratably.	15106

(F) If it appears at any time that the assets have been	15107
exhausted in paying prior or preferred charges, allowances, or	15108
claims, those payments shall be a bar to an action on any claim	15109
not entitled to that priority or preference.	15110

Sec. 2133.01.  Unless the context otherwise requires, as used	15111
in sections 2133.01 to 2133.15 of the Revised Code:	15112

(A) "Adult" means an individual who is eighteen years of age	15113
or older.	15114

(B) "Attending physician" means the physician to whom a	15115
declarant or other patient, or the family of a declarant or other	15116
patient, has assigned primary responsibility for the treatment or	15117
care of the declarant or other patient, or, if the responsibility	15118
has not been assigned, the physician who has accepted that	15119
responsibility.	15120

(C) "Comfort care" means any of the following:

15121

(1) Nutrition when administered to diminish the pain or	15122
discomfort of a declarant or other patient, but not to postpone	15123
the declarant's or other patient's death;	15124

(2) Hydration when administered to diminish the pain or	15125
discomfort of a declarant or other patient, but not to postpone	15126
the declarant's or other patient's death;	15127

(3) Any other medical or nursing procedure, treatment,	15128
intervention, or other measure that is taken to diminish the pain	15129
or discomfort of a declarant or other patient, but not to postpone	15130
the declarant's or other patient's death.	15131

(D) "Consulting physician" means a physician who, in	15132
conjunction with the attending physician of a declarant or other	15133
patient, makes one or more determinations that are required to be	15134
made by the attending physician, or to be made by the attending	15135
physician and one other physician, by an applicable provision of	15136
this chapter, to a reasonable degree of medical certainty and in	15137
accordance with reasonable medical standards.	15138

(E) "Declarant" means any adult who has executed a	15139
declaration in accordance with section 2133.02 of the Revised	15140
Code.	15141

(F) "Declaration" means a written document executed in	15142
accordance with section 2133.02 of the Revised Code.	15143

(G) "Durable power of attorney for health care" means a	15144
document created pursuant to sections 1337.11 to 1337.17 of the	15145
Revised Code.	15146

(H) "Guardian" means a person appointed by a probate court	15147
pursuant to Chapter 2111. of the Revised Code to have the care and	15148
management of the person of an incompetent.	15149

(I) "Health care facility" means any of the following:

15150

(1) A hospital;

15151

(2) A hospice care program or other institution that	15152
specializes in comfort care of patients in a terminal condition or	15153
in a permanently unconscious state;	15154

(3) A nursing home or residential care facility, as defined	15155
in section 3721.01 of the Revised Code;	15156

(4) A home health agency and any residential facility where a	15157
person is receiving care under the direction of a home health	15158
agency;	15159

(5) An intermediate care facility for the mentally retarded.

15160

(J) "Health care personnel" means physicians, nurses,	15161
physician assistants, emergency medical technicians-basic,	15162
emergency medical technicians-intermediate, emergency medical	15163
technicians-paramedic, medical technicians, dietitians, other	15164
authorized persons acting under the direction of an attending	15165
physician, and administrators of health care facilities.	15166

(K) "Home health agency" has the same meaning as in section	15167
3701.883701.881 of the Revised Code.	15168

(L) "Hospice care program" has the same meaning as in section	15169
3712.01 of the Revised Code.	15170

(M) "Hospital" has the same meanings as in sections 2108.01,	15171
3701.01, and 5122.01 of the Revised Code.	15172

(N) "Hydration" means fluids that are artificially or	15173
technologically administered.	15174

(O) "Incompetent" has the same meaning as in section 2111.01	15175
of the Revised Code.	15176

(P) "Intermediate care facility for the mentally retarded"	15177
has the same meaning as in section 5111.20 of the Revised Code.	15178

(Q) "Life-sustaining treatment" means any medical procedure,	15179
treatment, intervention, or other measure that, when administered	15180
to a qualified patient or other patient, will serve principally to	15181
prolong the process of dying.	15182

(R) "Nurse" means a person who is licensed to practice	15183
nursing as a registered nurse or to practice practical nursing as	15184
a licensed practical nurse pursuant to Chapter 4723. of the	15185
Revised Code.	15186

(S) "Nursing home" has the same meaning as in section 3721.01	15187
of the Revised Code.	15188

(T) "Nutrition" means sustenance that is artificially or	15189
technologically administered.	15190

(U) "Permanently unconscious state" means a state of	15191
permanent unconsciousness in a declarant or other patient that, to	15192
a reasonable degree of medical certainty as determined in	15193
accordance with reasonable medical standards by the declarant's or	15194
other patient's attending physician and one other physician who	15195
has examined the declarant or other patient, is characterized by	15196
both of the following:	15197

(1) Irreversible unawareness of one's being and environment.

15198

(2) Total loss of cerebral cortical functioning, resulting in	15199
the declarant or other patient having no capacity to experience	15200
pain or suffering.	15201

(V) "Person" has the same meaning as in section 1.59 of the	15202
Revised Code and additionally includes political subdivisions and	15203
governmental agencies, boards, commissions, departments,	15204
institutions, offices, and other instrumentalities.	15205

(W) "Physician" means a person who is authorized under	15206
Chapter 4731. of the Revised Code to practice medicine and surgery	15207
or osteopathic medicine and surgery.	15208

(X) "Political subdivision" and "state" have the same	15209
meanings as in section 2744.01 of the Revised Code.	15210

(Y) "Professional disciplinary action" means action taken by	15211
the board or other entity that regulates the professional conduct	15212
of health care personnel, including the state medical board and	15213
the board of nursing.	15214

(Z) "Qualified patient" means an adult who has executed a	15215
declaration and has been determined to be in a terminal condition	15216
or in a permanently unconscious state.	15217

(AA) "Terminal condition" means an irreversible, incurable,	15218
and untreatable condition caused by disease, illness, or injury	15219
from which, to a reasonable degree of medical certainty as	15220
determined in accordance with reasonable medical standards by a	15221
declarant's or other patient's attending physician and one other	15222
physician who has examined the declarant or other patient, both of	15223
the following apply:	15224

(1) There can be no recovery.

15225

(2) Death is likely to occur within a relatively short time	15226
if life-sustaining treatment is not administered.	15227

(BB) "Tort action" means a civil action for damages for	15228
injury, death, or loss to person or property, other than a civil	15229
action for damages for breach of a contract or another agreement	15230
between persons.	15231

Sec. 2151.352. AExcept as otherwise provided in this	15232
section, a child, or the child's parents,or custodian, or any	15233
other person in loco parentis of suchthe child is entitled to	15234
representation by legal counsel at all stages of the proceedings	15235
under this chapter or Chapter 2152. of the Revised Code and if.	15236
If, as an indigent person, any such persona party is unable to	15237
employ counsel, the party is entitled to have counsel provided for	15238
the person pursuant to Chapter 120. of the Revised Code. If a	15239
party appears without counsel, the court shall ascertain whether	15240
the party knows of the party's right to counsel and of the party's	15241
right to be provided with counsel if the party is an indigent	15242
person. The court may continue the case to enable a party to	15243
obtain counsel or to be represented by the county public defender	15244
or the joint county public defender and shall provide counsel upon	15245
request pursuant to Chapter 120. of the Revised Code. Counsel must	15246
be provided for a child not represented by the child's parent,	15247
guardian, or custodian. If the interests of two or more such	15248
parties conflict, separate counsel shall be provided for each of	15249
them.	15250

This section does not confer the right to court-appointed	15251
counsel in civil actions arising under division (A)(2), (D), or	15252
(F) of section 2151.23 or division (C) of section 3111.13 of the	15253
Revised Code.	15254

Section 2935.14 of the Revised Code applies to any child	15255
taken into custody. The parents, custodian, or guardian of sucha	15256
child taken into custody, and any attorney at law representing	15257
them or the child, shall be entitled to visit suchthe child at	15258
any reasonable time, be present at any hearing involving the	15259
child, and be given reasonable notice of suchthe hearing.	15260

Any report or part thereofof a report concerning suchthe	15261
child, which is used in the hearing and is pertinent theretoto	15262
the hearing, shall for good cause shown be made available to any	15263
attorney at law representing suchthe child and to any attorney at	15264
law representing the parents, custodian, or guardian of suchthe	15265
child, upon written request prior to any hearing involving such	15266
the child.	15267

Sec. 2151.3529.  (A) The director of job and family services	15268
shall promulgate forms designed to gather pertinent medical	15269
information concerning a deserted child and the child's parents.	15270
The forms shall clearly and unambiguously state on each page that	15271
the information requested is to facilitate medical care for the	15272
child, that the forms may be fully or partially completed or left	15273
blank, that completing the forms or parts of the forms is	15274
completely voluntary, and that no adverse legal consequence will	15275
result from failure to complete any part of the forms.	15276

(B) The director shall promulgate written materials to be	15277
given to the parents of a child delivered pursuant to section	15278
2151.3516 of the Revised Code. The materials shall describe	15279
services available to assist parents and newborns and shall	15280
include information directly relevant to situations that might	15281
cause parents to desert a child and information on the procedures	15282
for a person to follow in order to reunite with a child the person	15283
delivered under section 2151.3516 of the Revised Code, including	15284
notice that the person will be required to submit to a DNA test,	15285
at that person's expense, to prove that the person is the parent	15286
of the child.	15287

(C) If the department of job and family services determines	15288
that money in the putative father registry fund created under	15289
section 2101.16 of the Revised Code is more than is needed for its	15290
duties related to the putative father registry, the department may	15291
use surplus moneys in the fund for costs related to the	15292
development and publication of forms and materials promulgated	15293
pursuant to divisions (A) and (B) of this section.	15294

Sec. 2151.3530. (A) The director of job and family services	15295
shall distribute the medical information forms and written	15296
materials promulgated under section 2151.3529 of the Revised Code	15297
to entities permitted to receive a deserted child, to public	15298
children services agencies, and to other public or private	15299
agencies that, in the discretion of the director, are best able to	15300
disseminate the forms and materials to the persons who are most in	15301
need of the forms and materials.	15302

(B) If the department of job and family services determines	15303
that money in the putative father registry fund created under	15304
section 2101.16 of the Revised Code is more than is needed to	15305
perform its duties related to the putative father registry, the	15306
department may use surplus moneys in the fund for costs related to	15307
the distribution of forms and materials pursuant to this section.	15308

Sec. 2151.83.  (A) A public children services agency or	15309
private child placing agency, on the request of a young adult,	15310
shall enter into a jointly prepared written agreement with the	15311
young adult that obligates the agency to ensure that independent	15312
living services are provided to the young adult and sets forth the	15313
responsibilities of the young adult regarding the services. The	15314
agreement shall be developed based on the young adult's strengths,	15315
needs, and circumstances and the availability of funds provided	15316
pursuant to section 2151.84 of the Revised Code. The agreement	15317
shall be designed to promote the young adult's successful	15318
transition to independent adult living and emotional and economic	15319
self-sufficiency.	15320

(B) If the young adult appears to be eligible for services	15321
from one or more of the following entities, the agency must	15322
contact the appropriate entity to determine eligibility:	15323

(1) An entity, other than the agency, that is represented on	15324
a county family and children first council established pursuant to	15325
section 121.37 of the Revised Code. If the entity is a board of	15326
alcohol, drug addiction, and mental health services, an alcohol	15327
and drug addiction services board, or a community mental health	15328
board, the agency shall contact the provider of alcohol, drug	15329
addiction, or mental health services that has been designated by	15330
the board to determine the young adult's eligibility for services.	15331

(2) The rehabilitation services commission;

15332

(3) A metropolitan housing authority established pursuant to	15333
section 3735.27 of the Revised Code.	15334

If an entity described in this division determines that the	15335
young adult qualifies for services from the entity, that entity,	15336
the young adult, and the agency to which the young adult made the	15337
request for independent living services shall enter into a written	15338
addendum to the jointly prepared agreement entered into under	15339
division (A) of this section. The addendum shall indicate how	15340
services under the agreement and addendum are to be coordinated	15341
and allocate the service responsibilities among the entities and	15342
agency that signed the addendum.	15343

Sec. 2151.84.  The department of job and family services	15344
shall establish model agreements that may be used by public	15345
children services agencies and private child placing agencies	15346
required to provide services under an agreement with a young adult	15347
pursuant to section 2151.83 of the Revised Code. The model	15348
agreements shall include provisions describing the specific	15349
independent living services to be provided to the extent funds are	15350
provided pursuant to this section, the duration of the services	15351
and the agreement, the duties and responsibilities of each party	15352
under the agreement, and grievance procedures regarding disputes	15353
that arise regarding the agreement or services provided under it.	15354

To facilitate the provision of independent living services,	15355
the department shall provide funds to meet the requirement of	15356
state matching funds needed to qualify for federal funds under the	15357
"Foster Care Independence Act of 1999," 113 Stat. 1822 (1999), 42	15358
U.S.C. 677, as amended. The department shall seek controlling	15359
board approval of any fund transfers necessary to meet this	15360
requirement.	15361

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	15362
child, the court may make any of the following orders of	15363
disposition, in addition to any other disposition authorized or	15364
required by this chapter:	15365

(1) Any order that is authorized by section 2151.353 of the	15366
Revised Code for the care and protection of an abused, neglected,	15367
or dependent child;	15368

(2) Commit the child to the temporary custody of any school,	15369
camp, institution, or other facility operated for the care of	15370
delinquent children by the county, by a district organized under	15371
section 2152.41 or 2151.65 of the Revised Code, or by a private	15372
agency or organization, within or without the state, that is	15373
authorized and qualified to provide the care, treatment, or	15374
placement required, including, but not limited to, a school, camp,	15375
or facility operated under section 2151.65 of the Revised Code;	15376

(3) Place the child in a detention facility or district	15377
detention facility operated under section 2152.41 of the Revised	15378
Code, for up to ninety days;	15379

(4) Place the child on community control under any sanctions,	15380
services, and conditions that the court prescribes. As a condition	15381
of community control in every case and in addition to any other	15382
condition that it imposes upon the child, the court shall require	15383
the child to abide by the law during the period of community	15384
control. As referred to in this division, community control	15385
includes, but is not limited to, the following sanctions and	15386
conditions:	15387

(a) A period of basic probation supervision in which the	15388
child is required to maintain contact with a person appointed to	15389
supervise the child in accordance with sanctions imposed by the	15390
court;	15391

(b) A period of intensive probation supervision in which the	15392
child is required to maintain frequent contact with a person	15393
appointed by the court to supervise the child while the child is	15394
seeking or maintaining employment and participating in training,	15395
education, and treatment programs as the order of disposition;	15396

(c) A period of day reporting in which the child is required	15397
each day to report to and leave a center or another approved	15398
reporting location at specified times in order to participate in	15399
work, education or training, treatment, and other approved	15400
programs at the center or outside the center;	15401

(d) A period of community service of up to five hundred hours	15402
for an act that would be a felony or a misdemeanor of the first	15403
degree if committed by an adult, up to two hundred hours for an	15404
act that would be a misdemeanor of the second, third, or fourth	15405
degree if committed by an adult, or up to thirty hours for an act	15406
that would be a minor misdemeanor if committed by an adult;	15407

(e) A requirement that the child obtain a high school	15408
diploma, a certificate of high school equivalence, vocational	15409
training, or employment;	15410

(f) A period of drug and alcohol use monitoring;

15411

(g) A requirement of alcohol or drug assessment or	15412
counseling, or a period in an alcohol or drug treatment program	15413
with a level of security for the child as determined necessary by	15414
the court;	15415

(h) A period in which the court orders the child to observe a	15416
curfew that may involve daytime or evening hours;	15417

(i) A requirement that the child serve monitored time;

15418

(j) A period of house arrest with or without electronic	15419
monitoring;	15420

(k) A period of electronic monitoring without house arrest or	15421
electronically monitored house arrest that does not exceed the	15422
maximum sentence of imprisonment that could be imposed upon an	15423
adult who commits the same act.	15424

A period of electronically monitored house arrest imposed	15425
under this division shall not extend beyond the child's	15426
twenty-first birthday. If a court imposes a period of	15427
electronically monitored house arrest upon a child under this	15428
division, it shall require the child: to wear, otherwise have	15429
attached to the child's person, or otherwise be subject to	15430
monitoring by a certified electronic monitoring device or to	15431
participate in the operation of and monitoring by a certified	15432
electronic monitoring system; to remain in the child's home or	15433
other specified premises for the entire period of electronically	15434
monitored house arrest except when the court permits the child to	15435
leave those premises to go to school or to other specified	15436
premises; to be monitored by a central system that can determine	15437
the child's location at designated times; to report periodically	15438
to a person designated by the court; and to enter into a written	15439
contract with the court agreeing to comply with all requirements	15440
imposed by the court, agreeing to pay any fee imposed by the court	15441
for the costs of the electronically monitored house arrest, and	15442
agreeing to waive the right to receive credit for any time served	15443
on electronically monitored house arrest toward the period of any	15444
other dispositional order imposed upon the child if the child	15445
violates any of the requirements of the dispositional order of	15446
electronically monitored house arrest. The court also may impose	15447
other reasonable requirements upon the child.	15448

Unless ordered by the court, a child shall not receive credit	15449
for any time served on electronically monitored house arrest	15450
toward any other dispositional order imposed upon the child for	15451
the act for which was imposed the dispositional order of	15452
electronically monitored house arrest.	15453

(l) A suspension of the driver's license, probationary	15454
driver's license, or temporary instruction permit issued to the	15455
child or a suspension of the registration of all motor vehicles	15456
registered in the name of the child. A child whose license or	15457
permit is so suspended is ineligible for issuance of a license or	15458
permit during the period of suspension. At the end of the period	15459
of suspension, the child shall not be reissued a license or permit	15460
until the child has paid any applicable reinstatement fee and	15461
complied with all requirements governing license reinstatement.	15462

(5) Commit the child to the custody of the court;

15463

(6) Require the child to not be absent without legitimate	15464
excuse from the public school the child is supposed to attend for	15465
five or more consecutive days, seven or more school days in one	15466
school month, or twelve or more school days in a school year;	15467

(7)(a) If a child is adjudicated a delinquent child for being	15468
a chronic truant or an habitual truant who previously has been	15469
adjudicated an unruly child for being a habitual truant, do either	15470
or both of the following:	15471

(i) Require the child to participate in a truancy prevention	15472
mediation program;	15473

(ii) Make any order of disposition as authorized by this	15474
section, except that the court shall not commit the child to a	15475
facility described in division (A)(2) or (3) of this section	15476
unless the court determines that the child violated a lawful court	15477
order made pursuant to division (C)(1)(e) of section 2151.354 of	15478
the Revised Code or division (A)(6) of this section.	15479

(b) If a child is adjudicated a delinquent child for being a	15480
chronic truant or a habitual truant who previously has been	15481
adjudicated an unruly child for being a habitual truant and the	15482
court determines that the parent, guardian, or other person having	15483
care of the child has failed to cause the child's attendance at	15484
school in violation of section 3321.38 of the Revised Code, do	15485
either or both of the following:	15486

(i) Require the parent, guardian, or other person having care	15487
of the child to participate in a truancy prevention mediation	15488
program;	15489

(ii) Require the parent, guardian, or other person having	15490
care of the child to participate in any community service program,	15491
preferably a community service program that requires the	15492
involvement of the parent, guardian, or other person having care	15493
of the child in the school attended by the child.	15494

(8) Make any further disposition that the court finds proper,	15495
except that the child shall not be placed in any of the following:	15496

(a) A state correctional institution, a county, multicounty,	15497
or municipal jail or workhouse, or another place in which an adult	15498
convicted of a crime, under arrest, or charged with a crime is	15499
held;	15500

(b) A community corrections facility, if the child would be	15501
covered by the definition of public safety beds for purposes of	15502
sections 5139.41 to 5139.455139.43 of the Revised Code if the	15503
court exercised its authority to commit the child to the legal	15504
custody of the department of youth services for	15505
institutionalization or institutionalization in a secure facility	15506
pursuant to this chapter.	15507

(B) If a child is adjudicated a delinquent child, in addition	15508
to any order of disposition made under division (A) of this	15509
section, the court, in the following situations, shall suspend the	15510
child's temporary instruction permit, restricted license,	15511
probationary driver's license, or nonresident operating privilege,	15512
or suspend the child's ability to obtain such a permit:	15513

(1) The child is adjudicated a delinquent child for violating	15514
section 2923.122 of the Revised Code, with the suspension and	15515
denial being in accordance with division (E)(1)(a), (c), (d), or	15516
(e) of section 2923.122 of the Revised Code.	15517

(2) The child is adjudicated a delinquent child for	15518
committing an act that if committed by an adult would be a drug	15519
abuse offense or for violating division (B) of section 2917.11 of	15520
the Revised Code, with the suspension continuing until the child	15521
attends and satisfactorily completes a drug abuse or alcohol abuse	15522
education, intervention, or treatment program specified by the	15523
court. During the time the child is attending the program, the	15524
court shall retain any temporary instruction permit, probationary	15525
driver's license, or driver's license issued to the child, and the	15526
court shall return the permit or license when the child	15527
satisfactorily completes the program.	15528

(C) The court may establish a victim-offender mediation	15529
program in which victims and their offenders meet to discuss the	15530
offense and suggest possible restitution. If the court obtains the	15531
assent of the victim of the delinquent act committed by the child,	15532
the court may require the child to participate in the program.	15533

(D)(1) If a child is adjudicated a delinquent child for	15534
committing an act that would be a felony if committed by an adult	15535
and if the child caused, attempted to cause, threatened to cause,	15536
or created a risk of physical harm to the victim of the act, the	15537
court, prior to issuing an order of disposition under this	15538
section, shall order the preparation of a victim impact statement	15539
by the probation department of the county in which the victim of	15540
the act resides, by the court's own probation department, or by a	15541
victim assistance program that is operated by the state, a county,	15542
a municipal corporation, or another governmental entity. The court	15543
shall consider the victim impact statement in determining the	15544
order of disposition to issue for the child.	15545

(2) Each victim impact statement shall identify the victim of	15546
the act for which the child was adjudicated a delinquent child,	15547
itemize any economic loss suffered by the victim as a result of	15548
the act, identify any physical injury suffered by the victim as a	15549
result of the act and the seriousness and permanence of the	15550
injury, identify any change in the victim's personal welfare or	15551
familial relationships as a result of the act and any	15552
psychological impact experienced by the victim or the victim's	15553
family as a result of the act, and contain any other information	15554
related to the impact of the act upon the victim that the court	15555
requires.	15556

(3) A victim impact statement shall be kept confidential and	15557
is not a public record. However, the court may furnish copies of	15558
the statement to the department of youth services if the	15559
delinquent child is committed to the department or to both the	15560
adjudicated delinquent child or the adjudicated delinquent child's	15561
counsel and the prosecuting attorney. The copy of a victim impact	15562
statement furnished by the court to the department pursuant to	15563
this section shall be kept confidential and is not a public	15564
record. If an officer is preparing pursuant to section 2947.06 or	15565
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	15566
investigation report pertaining to a person, the court shall make	15567
available to the officer, for use in preparing the report, a copy	15568
of any victim impact statement regarding that person. The copies	15569
of a victim impact statement that are made available to the	15570
adjudicated delinquent child or the adjudicated delinquent child's	15571
counsel and the prosecuting attorney pursuant to this division	15572
shall be returned to the court by the person to whom they were	15573
made available immediately following the imposition of an order of	15574
disposition for the child under this chapter.	15575

The copy of a victim impact statement that is made available	15576
pursuant to this division to an officer preparing a criminal	15577
presentence investigation report shall be returned to the court by	15578
the officer immediately following its use in preparing the report.	15579

(4) The department of youth services shall work with local	15580
probation departments and victim assistance programs to develop a	15581
standard victim impact statement.	15582

(E) If a child is adjudicated a delinquent child for being a	15583
chronic truant or an habitual truant who previously has been	15584
adjudicated an unruly child for being an habitual truant and the	15585
court determines that the parent, guardian, or other person having	15586
care of the child has failed to cause the child's attendance at	15587
school in violation of section 3321.38 of the Revised Code, in	15588
addition to any order of disposition it makes under this section,	15589
the court shall warn the parent, guardian, or other person having	15590
care of the child that any subsequent adjudication of the child as	15591
an unruly or delinquent child for being an habitual or chronic	15592
truant may result in a criminal charge against the parent,	15593
guardian, or other person having care of the child for a violation	15594
of division (C) of section 2919.21 or section 2919.24 of the	15595
Revised Code.	15596

(F)(1) During the period of a delinquent child's community	15597
control granted under this section, authorized probation officers	15598
who are engaged within the scope of their supervisory duties or	15599
responsibilities may search, with or without a warrant, the person	15600
of the delinquent child, the place of residence of the delinquent	15601
child, and a motor vehicle, another item of tangible or intangible	15602
personal property, or other real property in which the delinquent	15603
child has a right, title, or interest or for which the delinquent	15604
child has the express or implied permission of a person with a	15605
right, title, or interest to use, occupy, or possess if the	15606
probation officers have reasonable grounds to believe that the	15607
delinquent child is not abiding by the law or otherwise is not	15608
complying with the conditions of the delinquent child's community	15609
control. The court that places a delinquent child on community	15610
control under this section shall provide the delinquent child with	15611
a written notice that informs the delinquent child that authorized	15612
probation officers who are engaged within the scope of their	15613
supervisory duties or responsibilities may conduct those types of	15614
searches during the period of community control if they have	15615
reasonable grounds to believe that the delinquent child is not	15616
abiding by the law or otherwise is not complying with the	15617
conditions of the delinquent child's community control. The court	15618
also shall provide the written notice described in division (E)(2)	15619
of this section to each parent, guardian, or custodian of the	15620
delinquent child who is described in that division.	15621

(2) The court that places a child on community control under	15622
this section shall provide the child's parent, guardian, or other	15623
custodian with a written notice that informs them that authorized	15624
probation officers may conduct searches pursuant to division	15625
(E)(1) of this section. The notice shall specifically state that a	15626
permissible search might extend to a motor vehicle, another item	15627
of tangible or intangible personal property, or a place of	15628
residence or other real property in which a notified parent,	15629
guardian, or custodian has a right, title, or interest and that	15630
the parent, guardian, or custodian expressly or impliedly permits	15631
the child to use, occupy, or possess.	15632

(G) If a juvenile court commits a delinquent child to the	15633
custody of any person, organization, or entity pursuant to this	15634
section and if the delinquent act for which the child is so	15635
committed is a sexually oriented offense, the court in the order	15636
of disposition shall do one of the following:	15637

(1) Require that the child be provided treatment as described	15638
in division (A)(2) of section 5139.13 of the Revised Code;	15639

(2) Inform the person, organization, or entity that it is the	15640
preferred course of action in this state that the child be	15641
provided treatment as described in division (A)(2) of section	15642
5139.13 of the Revised Code and encourage the person,	15643
organization, or entity to provide that treatment.	15644

Sec. 2301.58.  (A) The director of the community-based	15645
correctional facility or district community-based correctional	15646
facility may establish a commissary for the facility. The	15647
commissary may be established either in-house or by another	15648
arrangement. If a commissary is established, all persons	15649
incarcerated in the facility shall receive commissary privileges.	15650
A person's purchases from the commissary shall be deducted from	15651
the person's account record in the facility's business office. The	15652
commissary shall provide for the distribution to indigent persons	15653
incarcerated in the facility necessary hygiene articles and	15654
writing materials.	15655

(B) If a commissary is established, the director of the	15656
community-based correctional facility or district community-based	15657
correctional facility shall establish a commissary fund for the	15658
facility. The management of funds in the commissary fund shall be	15659
strictly controlled in accordance with procedures adopted by the	15660
auditor of state. Commissary fund revenue over and above operating	15661
costs and reserve shall be considered profits. All profits from	15662
the commissary fund shall be used to purchase supplies and	15663
equipment for the benefit of persons incarcerated in the facility	15664
and to pay salary and benefits for employees of the facility, or	15665
for any other persons, who work in or are employed for the sole	15666
purpose of providing service to the commissary. The director of	15667
the community-based correctional facility or district	15668
community-based correctional facility shall adopt rules and	15669
regulations for the operation of any commissary fund the director	15670
establishes.	15671

Sec. 2305.234.  (A) As used in this section:

15672

(1) "Chiropractic claim," "medical claim," and "optometric	15673
claim" have the same meanings as in section 2305.113 of the	15674
Revised Code.	15675

(2) "Dental claim" has the same meaning as in section	15676
2305.113 of the Revised Code, except that it does not include any	15677
claim arising out of a dental operation or any derivative claim	15678
for relief that arises out of a dental operation.	15679

(3) "Governmental health care program" has the same meaning	15680
as in section 4731.65 of the Revised Code.	15681

(4) "Health care professional" means any of the following who	15682
provide medical, dental, or other health-related diagnosis, care,	15683
or treatment:	15684

(a) Physicians authorized under Chapter 4731. of the Revised	15685
Code to practice medicine and surgery or osteopathic medicine and	15686
surgery;	15687

(b) Registered nurses, advanced practice nurses, and licensed	15688
practical nurses licensed under Chapter 4723. of the Revised Code;	15689

(c) Physician assistants authorized to practice under Chapter	15690
4730. of the Revised Code;	15691

(d) Dentists and dental hygienists licensed under Chapter	15692
4715. of the Revised Code;	15693

(e) Physical therapists licensed under Chapter 4755. of the	15694
Revised Code;	15695

(f) Chiropractors licensed under Chapter 4734. of the Revised	15696
Code;	15697

(g) Optometrists licensed under Chapter 4725. of the Revised	15698
Code;	15699

(h) Podiatrists authorized under Chapter 4731. of the Revised	15700
Code to practice podiatry;	15701

(i) Dietitians licensed under Chapter 4759. of the Revised	15702
Code;	15703

(j) Pharmacists licensed under Chapter 4729. of the Revised	15704
Code;	15705

(k) Emergency medical technicians-basic, emergency medical	15706
technicians-intermediate, and emergency medical	15707
technicians-paramedic, certified under Chapter 4765. of the	15708
Revised Code.	15709

(5) "Health care worker" means a person other than a health	15710
care professional who provides medical, dental, or other	15711
health-related care or treatment under the direction of a health	15712
care professional with the authority to direct that individual's	15713
activities, including medical technicians, medical assistants,	15714
dental assistants, orderlies, aides, and individuals acting in	15715
similar capacities.	15716

(6) "Indigent and uninsured person" means a person who meets	15717
all of the following requirements:	15718

(a) The person's income is not greater than one hundred fifty	15719
per cent of the current poverty line as defined by the United	15720
States office of management and budget and revised in accordance	15721
with section 673(2) of the "Omnibus Budget Reconciliation Act of	15722
1981," 95 Stat. 511, 42 U.S.C. 9902, as amended.	15723

(b) The person is not eligible to receive medical assistance	15724
under Chapter 5111., disability assistance medical assistance	15725
under Chapter 5115. of the Revised Code, or assistance under any	15726
other governmental health care program.	15727

(c) Either of the following applies:

15728

(i) The person is not a policyholder, certificate holder,	15729
insured, contract holder, subscriber, enrollee, member,	15730
beneficiary, or other covered individual under a health insurance	15731
or health care policy, contract, or plan.	15732

(ii) The person is a policyholder, certificate holder,	15733
insured, contract holder, subscriber, enrollee, member,	15734
beneficiary, or other covered individual under a health insurance	15735
or health care policy, contract, or plan, but the insurer, policy,	15736
contract, or plan denies coverage or is the subject of insolvency	15737
or bankruptcy proceedings in any jurisdiction.	15738

(7) "Operation" means any procedure that involves cutting or	15739
otherwise infiltrating human tissue by mechanical means, including	15740
surgery, laser surgery, ionizing radiation, therapeutic	15741
ultrasound, or the removal of intraocular foreign bodies.	15742
"Operation" does not include the administration of medication by	15743
injection, unless the injection is administered in conjunction	15744
with a procedure infiltrating human tissue by mechanical means	15745
other than the administration of medicine by injection.	15746

(8) "Nonprofit shelter or health care facility" means a	15747
charitable nonprofit corporation organized and operated pursuant	15748
to Chapter 1702. of the Revised Code, or any charitable	15749
organization not organized and not operated for profit, that	15750
provides shelter, health care services, or shelter and health care	15751
services to indigent and uninsured persons, except that "shelter	15752
or health care facility" does not include a hospital as defined in	15753
section 3727.01 of the Revised Code, a facility licensed under	15754
Chapter 3721. of the Revised Code, or a medical facility that is	15755
operated for profit.	15756

(9) "Tort action" means a civil action for damages for	15757
injury, death, or loss to person or property other than a civil	15758
action for damages for a breach of contract or another agreement	15759
between persons or government entities.	15760

(10) "Volunteer" means an individual who provides any	15761
medical, dental, or other health-care related diagnosis, care, or	15762
treatment without the expectation of receiving and without receipt	15763
of any compensation or other form of remuneration from an indigent	15764
and uninsured person, another person on behalf of an indigent and	15765
uninsured person, any shelter or health care facility, or any	15766
other person or government entity.	15767

(B)(1) Subject to divisions (E) and (F)(3) of this section, a	15768
health care professional who is a volunteer and complies with	15769
division (B)(2) of this section is not liable in damages to any	15770
person or government entity in a tort or other civil action,	15771
including an action on a medical, dental, chiropractic,	15772
optometric, or other health-related claim, for injury, death, or	15773
loss to person or property that allegedly arises from an action or	15774
omission of the volunteer in the provision at a nonprofit shelter	15775
or health care facility to an indigent and uninsured person of	15776
medical, dental, or other health-related diagnosis, care, or	15777
treatment, including the provision of samples of medicine and	15778
other medical products, unless the action or omission constitutes	15779
willful or wanton misconduct.	15780

(2) To qualify for the immunity described in division (B)(1)	15781
of this section, a health care professional shall do all of the	15782
following prior to providing diagnosis, care, or treatment:	15783

(a) Determine, in good faith, that the indigent and uninsured	15784
person is mentally capable of giving informed consent to the	15785
provision of the diagnosis, care, or treatment and is not subject	15786
to duress or under undue influence;	15787

(b) Inform the person of the provisions of this section;

15788

(c) Obtain the informed consent of the person and a written	15789
waiver, signed by the person or by another individual on behalf of	15790
and in the presence of the person, that states that the person is	15791
mentally competent to give informed consent and, without being	15792
subject to duress or under undue influence, gives informed consent	15793
to the provision of the diagnosis, care, or treatment subject to	15794
the provisions of this section.	15795

(3) A physician or podiatrist who is not covered by medical	15796
malpractice insurance, but complies with division (B)(2) of this	15797
section, is not required to comply with division (A) of section	15798
4731.143 of the Revised Code.	15799

(C) Subject to divisions (E) and (F)(3) of this section,	15800
health care workers who are volunteers are not liable in damages	15801
to any person or government entity in a tort or other civil	15802
action, including an action upon a medical, dental, chiropractic,	15803
optometric, or other health-related claim, for injury, death, or	15804
loss to person or property that allegedly arises from an action or	15805
omission of the health care worker in the provision at a nonprofit	15806
shelter or health care facility to an indigent and uninsured	15807
person of medical, dental, or other health-related diagnosis,	15808
care, or treatment, unless the action or omission constitutes	15809
willful or wanton misconduct.	15810

(D) Subject to divisions (E) and (F)(3) of this section and	15811
section 3701.071 of the Revised Code, a nonprofit shelter or	15812
health care facility associated with a health care professional	15813
described in division (B)(1) of this section or a health care	15814
worker described in division (C) of this section is not liable in	15815
damages to any person or government entity in a tort or other	15816
civil action, including an action on a medical, dental,	15817
chiropractic, optometric, or other health-related claim, for	15818
injury, death, or loss to person or property that allegedly arises	15819
from an action or omission of the health care professional or	15820
worker in providing for the shelter or facility medical, dental,	15821
or other health-related diagnosis, care, or treatment to an	15822
indigent and uninsured person, unless the action or omission	15823
constitutes willful or wanton misconduct.	15824

(E)(1) Except as provided in division (E)(2) of this section,	15825
the immunities provided by divisions (B), (C), and (D) of this	15826
section are not available to an individual or to a nonprofit	15827
shelter or health care facility if, at the time of an alleged	15828
injury, death, or loss to person or property, the individuals	15829
involved are providing one of the following:	15830

(a) Any medical, dental, or other health-related diagnosis,	15831
care, or treatment pursuant to a community service work order	15832
entered by a court under division (F) of section 2951.02 of the	15833
Revised Code as a condition of probation or other suspension of a	15834
term of imprisonment or imposed by a court as a community control	15835
sanction pursuant to sections 2929.15 and 2929.17 of the Revised	15836
Code.	15837

(b) Performance of an operation.

15838

(c) Delivery of a baby.

15839

(2) Division (E)(1) of this section does not apply to an	15840
individual who provides, or a nonprofit shelter or health care	15841
facility at which the individual provides, diagnosis, care, or	15842
treatment that is necessary to preserve the life of a person in a	15843
medical emergency.	15844

(F)(1) This section does not create a new cause of action or	15845
substantive legal right against a health care professional, health	15846
care worker, or nonprofit shelter or health care facility.	15847

(2) This section does not affect any immunities from civil	15848
liability or defenses established by another section of the	15849
Revised Code or available at common law to which an individual or	15850
a nonprofit shelter or health care facility may be entitled in	15851
connection with the provision of emergency or other diagnosis,	15852
care, or treatment.	15853

(3) This section does not grant an immunity from tort or	15854
other civil liability to an individual or a nonprofit shelter or	15855
health care facility for actions that are outside the scope of	15856
authority of health care professionals or health care workers.	15857

(4) This section does not affect any legal responsibility of	15858
a health care professional or health care worker to comply with	15859
any applicable law of this state or rule of an agency of this	15860
state.	15861

(5) This section does not affect any legal responsibility of	15862
a nonprofit shelter or health care facility to comply with any	15863
applicable law of this state, rule of an agency of this state, or	15864
local code, ordinance, or regulation that pertains to or regulates	15865
building, housing, air pollution, water pollution, sanitation,	15866
health, fire, zoning, or safety.	15867

Sec. 2329.07.  If neither execution on a judgment rendered in	15868
a court of record or certified to the clerk of the court of common	15869
pleas in the county in which the judgment was rendered is issued,	15870
nor a certificate of judgment for obtaining a lien upon lands and	15871
tenements is issued and filed, as provided in sections 2329.02 and	15872
2329.04 of the Revised Code, within five years from the date of	15873
the judgment or within five years from the date of the issuance of	15874
the last execution thereon or the issuance and filing of the last	15875
such certificate, whichever is later, then, unless the judgment is	15876
in favor of the state, the judgment shall be dormant and shall not	15877
operate as a lien upon the estate of the judgment debtor.	15878

If the judgment is in favor of the state, the judgment shall	15879
not become dormant and shall not cease to operate as a lien	15880
against the estate of the judgment debtor unless neither such	15881
provided that either execution on the judgment is issued nor such	15882
or a certificate of judgment is issued and filed, as provided in	15883
sections 2329.02 and 2329.04 of the Revised Code, within ten years	15884
from the date of the judgment or within ten years from the date of	15885
the issuance of the last execution thereon or the issuance and	15886
filing of the last such certificate, whichever is later.	15887

If, in any county other than that in which a judgment was	15888
rendered, the judgment has become a lien by reason of the filing,	15889
in the office of the clerk of the court of common pleas of that	15890
county, of a certificate of the judgment as provided in sections	15891
2329.02 and 2329.04 of the Revised Code, and if no execution is	15892
issued for the enforcement of the judgment within that county, or	15893
no further certificate of the judgment is filed in that county,	15894
within five years or, if the judgment is in favor of the state,	15895
within ten years from the date of issuance of the last execution	15896
for the enforcement of the judgment within that county or the date	15897
of filing of the last certificate in that county, whichever is the	15898
later, then the judgment shall cease to operate as a lien upon	15899
lands and tenements of the judgment debtor within that county,	15900
unless the judgment is in favor of the state, in which case the	15901
judgment shall not become dormant.	15902

This section applies to judgments in favor of the state.

15903

Sec. 2329.66.  (A) Every person who is domiciled in this	15904
state may hold property exempt from execution, garnishment,	15905
attachment, or sale to satisfy a judgment or order, as follows:	15906

(1)(a) In the case of a judgment or order regarding money	15907
owed for health care services rendered or health care supplies	15908
provided to the person or a dependent of the person, one parcel or	15909
item of real or personal property that the person or a dependent	15910
of the person uses as a residence. Division (A)(1)(a) of this	15911
section does not preclude, affect, or invalidate the creation	15912
under this chapter of a judgment lien upon the exempted property	15913
but only delays the enforcement of the lien until the property is	15914
sold or otherwise transferred by the owner or in accordance with	15915
other applicable laws to a person or entity other than the	15916
surviving spouse or surviving minor children of the judgment	15917
debtor. Every person who is domiciled in this state may hold	15918
exempt from a judgment lien created pursuant to division (A)(1)(a)	15919
of this section the person's interest, not to exceed five thousand	15920
dollars, in the exempted property.	15921

(b) In the case of all other judgments and orders, the	15922
person's interest, not to exceed five thousand dollars, in one	15923
parcel or item of real or personal property that the person or a	15924
dependent of the person uses as a residence.	15925

(2) The person's interest, not to exceed one thousand	15926
dollars, in one motor vehicle;	15927

(3) The person's interest, not to exceed two hundred dollars	15928
in any particular item, in wearing apparel, beds, and bedding, and	15929
the person's interest, not to exceed three hundred dollars in each	15930
item, in one cooking unit and one refrigerator or other food	15931
preservation unit;	15932

(4)(a) The person's interest, not to exceed four hundred	15933
dollars, in cash on hand, money due and payable, money to become	15934
due within ninety days, tax refunds, and money on deposit with a	15935
bank, savings and loan association, credit union, public utility,	15936
landlord, or other person. Division (A)(4)(a) of this section	15937
applies only in bankruptcy proceedings. This exemption may include	15938
the portion of personal earnings that is not exempt under division	15939
(A)(13) of this section.	15940

(b) Subject to division (A)(4)(d) of this section, the	15941
person's interest, not to exceed two hundred dollars in any	15942
particular item, in household furnishings, household goods,	15943
appliances, books, animals, crops, musical instruments, firearms,	15944
and hunting and fishing equipment, that are held primarily for the	15945
personal, family, or household use of the person;	15946

(c) Subject to division (A)(4)(d) of this section, the	15947
person's interest in one or more items of jewelry, not to exceed	15948
four hundred dollars in one item of jewelry and not to exceed two	15949
hundred dollars in every other item of jewelry;	15950

(d) Divisions (A)(4)(b) and (c) of this section do not	15951
include items of personal property listed in division (A)(3) of	15952
this section.	15953

If the person does not claim an exemption under division	15954
(A)(1) of this section, the total exemption claimed under division	15955
(A)(4)(b) of this section shall be added to the total exemption	15956
claimed under division (A)(4)(c) of this section, and the total	15957
shall not exceed two thousand dollars. If the person claims an	15958
exemption under division (A)(1) of this section, the total	15959
exemption claimed under division (A)(4)(b) of this section shall	15960
be added to the total exemption claimed under division (A)(4)(c)	15961
of this section, and the total shall not exceed one thousand five	15962
hundred dollars.	15963

(5) The person's interest, not to exceed an aggregate of	15964
seven hundred fifty dollars, in all implements, professional	15965
books, or tools of the person's profession, trade, or business,	15966
including agriculture;	15967

(6)(a) The person's interest in a beneficiary fund set apart,	15968
appropriated, or paid by a benevolent association or society, as	15969
exempted by section 2329.63 of the Revised Code;	15970

(b) The person's interest in contracts of life or endowment	15971
insurance or annuities, as exempted by section 3911.10 of the	15972
Revised Code;	15973

(c) The person's interest in a policy of group insurance or	15974
the proceeds of a policy of group insurance, as exempted by	15975
section 3917.05 of the Revised Code;	15976

(d) The person's interest in money, benefits, charity,	15977
relief, or aid to be paid, provided, or rendered by a fraternal	15978
benefit society, as exempted by section 3921.18 of the Revised	15979
Code;	15980

(e) The person's interest in the portion of benefits under	15981
policies of sickness and accident insurance and in lump sum	15982
payments for dismemberment and other losses insured under those	15983
policies, as exempted by section 3923.19 of the Revised Code.	15984

(7) The person's professionally prescribed or medically	15985
necessary health aids;	15986

(8) The person's interest in a burial lot, including, but not	15987
limited to, exemptions under section 517.09 or 1721.07 of the	15988
Revised Code;	15989

(9) The person's interest in the following:

15990

(a) Moneys paid or payable for living maintenance or rights,	15991
as exempted by section 3304.19 of the Revised Code;	15992

(b) Workers' compensation, as exempted by section 4123.67 of	15993
the Revised Code;	15994

(c) Unemployment compensation benefits, as exempted by	15995
section 4141.32 of the Revised Code;	15996

(d) Cash assistance payments under the Ohio works first	15997
program, as exempted by section 5107.75 of the Revised Code;	15998

(e) Benefits and services under the prevention, retention,	15999
and contingency program, as exempted by section 5108.08 of the	16000
Revised Code;	16001

(f) Disability financial assistance payments, as exempted by	16002
section 5115.075115.06 of the Revised Code.	16003

(10)(a) Except in cases in which the person was convicted of	16004
or pleaded guilty to a violation of section 2921.41 of the Revised	16005
Code and in which an order for the withholding of restitution from	16006
payments was issued under division (C)(2)(b) of that section or in	16007
cases in which an order for withholding was issued under section	16008
2907.15 of the Revised Code, and only to the extent provided in	16009
the order, and except as provided in sections 3105.171, 3105.63,	16010
3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the Revised	16011
Code, the person's right to a pension, benefit, annuity,	16012
retirement allowance, or accumulated contributions, the person's	16013
right to a participant account in any deferred compensation	16014
program offered by the Ohio public employees deferred compensation	16015
board, a government unit, or a municipal corporation, or the	16016
person's other accrued or accruing rights, as exempted by section	16017
145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or 5505.22 of	16018
the Revised Code, and the person's right to benefits from the Ohio	16019
public safety officers death benefit fund;	16020

(b) Except as provided in sections 3119.80, 3119.81, 3121.02,	16021
3121.03, and 3123.06 of the Revised Code, the person's right to	16022
receive a payment under any pension, annuity, or similar plan or	16023
contract, not including a payment from a stock bonus or	16024
profit-sharing plan or a payment included in division (A)(6)(b) or	16025
(10)(a) of this section, on account of illness, disability, death,	16026
age, or length of service, to the extent reasonably necessary for	16027
the support of the person and any of the person's dependents,	16028
except if all the following apply:	16029

(i) The plan or contract was established by or under the	16030
auspices of an insider that employed the person at the time the	16031
person's rights under the plan or contract arose.	16032

(ii) The payment is on account of age or length of service.

16033

(iii) The plan or contract is not qualified under the	16034
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as	16035
amended.	16036

(c) Except for any portion of the assets that were deposited	16037
for the purpose of evading the payment of any debt and except as	16038
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	16039
3123.06 of the Revised Code, the person's right in the assets held	16040
in, or to receive any payment under, any individual retirement	16041
account, individual retirement annuity, "Roth IRA," or education	16042
individual retirement account that provides benefits by reason of	16043
illness, disability, death, or age, to the extent that the assets,	16044
payments, or benefits described in division (A)(10)(c) of this	16045
section are attributable to any of the following:	16046

(i) Contributions of the person that were less than or equal	16047
to the applicable limits on deductible contributions to an	16048
individual retirement account or individual retirement annuity in	16049
the year that the contributions were made, whether or not the	16050
person was eligible to deduct the contributions on the person's	16051
federal tax return for the year in which the contributions were	16052
made;	16053

(ii) Contributions of the person that were less than or equal	16054
to the applicable limits on contributions to a Roth IRA or	16055
education individual retirement account in the year that the	16056
contributions were made;	16057

(iii) Contributions of the person that are within the	16058
applicable limits on rollover contributions under subsections 219,	16059
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B),	16060
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986,"	16061
100 Stat. 2085, 26 U.S.C.A. 1, as amended.	16062

(d) Except for any portion of the assets that were deposited	16063
for the purpose of evading the payment of any debt and except as	16064
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	16065
3123.06 of the Revised Code, the person's right in the assets held	16066
in, or to receive any payment under, any Keogh or "H.R. 10" plan	16067
that provides benefits by reason of illness, disability, death, or	16068
age, to the extent reasonably necessary for the support of the	16069
person and any of the person's dependents.	16070

(11) The person's right to receive spousal support, child	16071
support, an allowance, or other maintenance to the extent	16072
reasonably necessary for the support of the person and any of the	16073
person's dependents;	16074

(12) The person's right to receive, or moneys received during	16075
the preceding twelve calendar months from, any of the following:	16076

(a) An award of reparations under sections 2743.51 to 2743.72	16077
of the Revised Code, to the extent exempted by division (D) of	16078
section 2743.66 of the Revised Code;	16079

(b) A payment on account of the wrongful death of an	16080
individual of whom the person was a dependent on the date of the	16081
individual's death, to the extent reasonably necessary for the	16082
support of the person and any of the person's dependents;	16083

(c) Except in cases in which the person who receives the	16084
payment is an inmate, as defined in section 2969.21 of the Revised	16085
Code, and in which the payment resulted from a civil action or	16086
appeal against a government entity or employee, as defined in	16087
section 2969.21 of the Revised Code, a payment, not to exceed five	16088
thousand dollars, on account of personal bodily injury, not	16089
including pain and suffering or compensation for actual pecuniary	16090
loss, of the person or an individual for whom the person is a	16091
dependent;	16092

(d) A payment in compensation for loss of future earnings of	16093
the person or an individual of whom the person is or was a	16094
dependent, to the extent reasonably necessary for the support of	16095
the debtor and any of the debtor's dependents.	16096

(13) Except as provided in sections 3119.80, 3119.81,	16097
3121.02, 3121.03, and 3123.06 of the Revised Code, personal	16098
earnings of the person owed to the person for services in an	16099
amount equal to the greater of the following amounts:	16100

(a) If paid weekly, thirty times the current federal minimum	16101
hourly wage; if paid biweekly, sixty times the current federal	16102
minimum hourly wage; if paid semimonthly, sixty-five times the	16103
current federal minimum hourly wage; or if paid monthly, one	16104
hundred thirty times the current federal minimum hourly wage that	16105
is in effect at the time the earnings are payable, as prescribed	16106
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	16107
U.S.C. 206(a)(1), as amended;	16108

(b) Seventy-five per cent of the disposable earnings owed to	16109
the person.	16110

(14) The person's right in specific partnership property, as	16111
exempted by division (B)(3) of section 1775.24 of the Revised	16112
Code;	16113

(15) A seal and official register of a notary public, as	16114
exempted by section 147.04 of the Revised Code;	16115

(16) The person's interest in a tuition credit or a payment	16116
under section 3334.09 of the Revised Code pursuant to a tuition	16117
credit contract, as exempted by section 3334.15 of the Revised	16118
Code;	16119

(17) Any other property that is specifically exempted from	16120
execution, attachment, garnishment, or sale by federal statutes	16121
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11	16122
U.S.C.A. 101, as amended;	16123

(18) The person's interest, not to exceed four hundred	16124
dollars, in any property, except that division (A)(18) of this	16125
section applies only in bankruptcy proceedings.	16126

(B) As used in this section:

16127

(1) "Disposable earnings" means net earnings after the	16128
garnishee has made deductions required by law, excluding the	16129
deductions ordered pursuant to section 3119.80, 3119.81, 3121.02,	16130
3121.03, or 3123.06 of the Revised Code.	16131

(2) "Insider" means:

16132

(a) If the person who claims an exemption is an individual, a	16133
relative of the individual, a relative of a general partner of the	16134
individual, a partnership in which the individual is a general	16135
partner, a general partner of the individual, or a corporation of	16136
which the individual is a director, officer, or in control;	16137

(b) If the person who claims an exemption is a corporation, a	16138
director or officer of the corporation; a person in control of the	16139
corporation; a partnership in which the corporation is a general	16140
partner; a general partner of the corporation; or a relative of a	16141
general partner, director, officer, or person in control of the	16142
corporation;	16143

(c) If the person who claims an exemption is a partnership, a	16144
general partner in the partnership; a general partner of the	16145
partnership; a person in control of the partnership; a partnership	16146
in which the partnership is a general partner; or a relative in, a	16147
general partner of, or a person in control of the partnership;	16148

(d) An entity or person to which or whom any of the following	16149
applies:	16150

(i) The entity directly or indirectly owns, controls, or	16151
holds with power to vote, twenty per cent or more of the	16152
outstanding voting securities of the person who claims an	16153
exemption, unless the entity holds the securities in a fiduciary	16154
or agency capacity without sole discretionary power to vote the	16155
securities or holds the securities solely to secure to debt and	16156
the entity has not in fact exercised the power to vote.	16157

(ii) The entity is a corporation, twenty per cent or more of	16158
whose outstanding voting securities are directly or indirectly	16159
owned, controlled, or held with power to vote, by the person who	16160
claims an exemption or by an entity to which division (B)(2)(d)(i)	16161
of this section applies.	16162

(iii) A person whose business is operated under a lease or	16163
operating agreement by the person who claims an exemption, or a	16164
person substantially all of whose business is operated under an	16165
operating agreement with the person who claims an exemption.	16166

(iv) The entity operates the business or all or substantially	16167
all of the property of the person who claims an exemption under a	16168
lease or operating agreement.	16169

(e) An insider, as otherwise defined in this section, of a	16170
person or entity to which division (B)(2)(d)(i), (ii), (iii), or	16171
(iv) of this section applies, as if the person or entity were a	16172
person who claims an exemption;	16173

(f) A managing agent of the person who claims an exemption.

16174

(3) "Participant account" has the same meaning as in section	16175
148.01 of the Revised Code.	16176

(4) "Government unit" has the same meaning as in section	16177
148.06 of the Revised Code.	16178

(C) For purposes of this section, "interest" shall be	16179
determined as follows:	16180

(1) In bankruptcy proceedings, as of the date a petition is	16181
filed with the bankruptcy court commencing a case under Title 11	16182
of the United States Code;	16183

(2) In all cases other than bankruptcy proceedings, as of the	16184
date of an appraisal, if necessary under section 2329.68 of the	16185
Revised Code, or the issuance of a writ of execution.	16186

An interest, as determined under division (C)(1) or (2) of	16187
this section, shall not include the amount of any lien otherwise	16188
valid pursuant to section 2329.661 of the Revised Code.	16189

Sec. 2505.13.  If a supersedeas bond has been executed and	16190
filed and the surety is one other than a surety company, the clerk	16191
of the court with which the bond has been filed, upon request,	16192
shall issue a certificate that sets forth the fact that the bond	16193
has been filed and that states the style and number of the appeal,	16194
the amount of the bond, and the sureties on it. Such a certificate	16195
may be filed in the office of the county recorder of any county in	16196
which the sureties may own land, and, when filed, the bond shall	16197
be a lien upon the land of the sureties in such county. The lien	16198
shall be extinguished upon the satisfaction, reversal, or vacation	16199
of the final order, judgment, or decree involved, or by an order	16200
of the court that entered the final order, judgment, or decree,	16201
that releases the lien or releases certain land from the operation	16202
of the lien.	16203

The clerk, upon request, shall issue a notice of discharge of	16204
such a lien, which may be filed in the office of any recorder in	16205
whose office the certificate of lien was filed. Such notice shall	16206
state that the final order, judgment, or decree involved is	16207
satisfied, reversed, or vacated, or that an order has been entered	16208
that releases the lien or certain land from the operation of the	16209
lien. Such recorder shall properly keep and file such certificates	16210
and notices as are filed with himthe recorder and shall index	16211
them in the book or record provided for in section 2937.27 of the	16212
Revised Code.	16213

The fee for issuing such a certificate or notice shall be as	16214
provided by law, and shall be taxed as part of the costs of the	16215
appeal. A county recorder shall receive a base fee of fifty cents	16216
for filing and indexing such a certificate, which fee shall cover	16217
the filing and the entering on the index of such athe notice and	16218
a housing trust fund fee of fifty cents pursuant to section 317.36	16219
of the Revised Code.	16220

Sec. 2715.041.  (A) Upon the filing of a motion for an order	16221
of attachment pursuant to section 2715.03 of the Revised Code, the	16222
plaintiff shall file with the clerk of the court a praecipe	16223
instructing the clerk to issue to the defendant against whom the	16224
motion was filed a notice of the proceeding. Upon receipt of the	16225
praecipe, the clerk shall issue the notice which shall be in	16226
substantially the following form:	16227

(Case Caption)

16230

NOTICE

16231

You are hereby notified that (name and address of plaintiff),	16232
the plaintiff in this proceeding, has applied to this court for	16233
the attachment of property in your possession. The basis for this	16234
application is indicated in the documents that are enclosed with	16235
this notice.	16236

The law of Ohio and the United States provides that certain	16237
benefit payments cannot be taken from you to pay a debt. Typical	16238
among the benefits that cannot be attached or executed on by a	16239
creditor are:	16240

(1) Workers' compensation benefits;

16241

(2) Unemployment compensation payments;

16242

(3) Cash assistance payments under the Ohio works first	16243
program;	16244

(4) Benefits and services under the prevention, retention,	16245
and contingency program;	16246

(5) Disability financial assistance administered by the Ohio	16247
department of job and family services;	16248

(6) Social security benefits;

16249

(7) Supplemental security income (S.S.I.);

16250

(8) Veteran's benefits;

16251

(9) Black lung benefits;

16252

(10) Certain pensions.

16253

Additionally, your wages never can be taken to pay a debt	16254
until a judgment has been obtained against you. There may be other	16255
benefits not included in this list that apply in your case.	16256

If you dispute the plaintiff's claim and believe that you are	16257
entitled to retain possession of the property because it is exempt	16258
or for any other reason, you may request a hearing before this	16259
court by disputing the claim in the request for hearing form	16260
appearing below, or in a substantially similar form, and	16261
delivering the request for the hearing to this court, at the	16262
office of the clerk of this court, not later than the end of the	16263
fifth business day after you receive this notice. You may state	16264
your reasons for disputing the claim in the space provided on the	16265
form, but you are not required to do so. If you do state your	16266
reasons for disputing the claim in the space provided on the form,	16267
you are not prohibited from stating any other reasons at the	16268
hearing, and if you do not state your reasons, it will not be held	16269
against you by the court and you can state your reasons at the	16270
hearing.	16271

If you request a hearing, it will be conducted in	16272
................... courtroom ........, (address of court), at	16273
.............m. on ............., .....	16274

You may avoid having a hearing but retain possession of the	16275
property until the entry of final judgment in the action by filing	16276
with the court, at the office of the clerk of this court, not	16277
later than the end of the fifth business day after you receive	16278
this notice, a bond executed by an acceptable surety in the amount	16279
of $............	16280

If you do not request a hearing or file a bond on or before	16281
the end of the fifth business day after you receive this notice,	16282
the court, without further notice to you, may order a law	16283
enforcement officer or bailiff to take possession of the property.	16284
Notice of the dates, times, places, and purposes of any subsequent	16285
hearings and of the date, time, and place of the trial of the	16286
action will be sent to you.	16287

(B) Along with the notice required by division (A) of this	16291
section, the clerk of the court also shall deliver to the	16292
defendant, in accordance with division (C) of this section, a	16293
request for hearing form together with a postage-paid,	16294
self-addressed envelope or a request for hearing form on a	16295
postage-paid, self-addressed postcard. The request for hearing	16296
shall be in substantially the following form:	16297

"(Name and Address of Court)

16298

REQUEST FOR HEARING

16300

I dispute the claim for the attachment of property in the	16301
above case and request that a hearing in this matter be held at	16302
the time and place set forth in the notice that I previously	16303
received.	16304

I dispute the claim for the following reasons:

16305

................................................................

16306

(Optional)

16307

................................................................

16308

................................................................

16309

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	16316
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	16317
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	16318
YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY BE	16319
REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING."	16320

(C) The notice required by division (A) of this section shall	16321
be served on the defendant in duplicate not less than seven	16322
business days prior to the date on which the hearing is scheduled,	16323
together with a copy of the complaint and summons, if not	16324
previously served, and a copy of the motion for the attachment of	16325
property and the affidavit attached to the motion, in the same	16326
manner as provided in the Rules of Civil Procedure for the service	16327
of process. Service may be effected by publication as provided in	16328
the Rules of Civil Procedure except that the number of weeks for	16329
publication may be reduced by the court to the extent appropriate.	16330

Sec. 2715.045.  (A) Upon the filing of a motion for	16331
attachment, a court may issue an order of attachment without	16332
issuing notice to the defendant against whom the motion was filed	16333
and without conducting a hearing if the court finds that there is	16334
probable cause to support the motion and that the plaintiff that	16335
filed the motion for attachment will suffer irreparable injury if	16336
the order is delayed until the defendant against whom the motion	16337
has been filed has been given the opportunity for a hearing. The	16338
court's findings shall be based upon the motion and affidavit	16339
filed pursuant to section 2715.03 of the Revised Code and any	16340
other relevant evidence that it may wish to consider.	16341

(B) A finding by the court that the plaintiff will suffer	16342
irreparable injury may be made only if the court finds the	16343
existence of either of the following circumstances:	16344

(1) There is present danger that the property will be	16345
immediately disposed of, concealed, or placed beyond the	16346
jurisdiction of the court.	16347

(2) The value of the property will be impaired substantially	16348
if the issuance of an order of attachment is delayed.	16349

(C)(1) Upon the issuance by a court of an order of attachment	16350
without notice and hearing pursuant to this section, the plaintiff	16351
shall file the order with the clerk of the court, together with a	16352
praecipe instructing the clerk to issue to the defendant against	16353
whom the order was issued a copy of the motion, affidavit, and	16354
order of attachment, and a notice that an order of attachment was	16355
issued and that the defendant has a right to a hearing on the	16356
matter. The clerk then immediately shall serve upon the defendant,	16357
in the manner provided by the Rules of Civil Procedure for service	16358
of process, a copy of the complaint and summons, if not previously	16359
served, a copy of the motion, affidavit, and order of attachment,	16360
and the following notice:	16361

"(Name and Address of the Court)

16362

NOTICE

16364

You are hereby notified that this court has issued an order	16365
in the above case in favor of (name and address of plaintiff), the	16366
plaintiff in this proceeding, directing that property now in your	16367
possession, be taken from you. This order was issued on the basis	16368
of the plaintiff's claim against you as indicated in the documents	16369
that are enclosed with this notice.	16370

The law of Ohio and the United States provides that certain	16371
benefit payments cannot be taken from you to pay a debt. Typical	16372
among the benefits that cannot be attached or executed on by a	16373
creditor are:	16374

(1) Workers' compensation benefits;

16375

(2) Unemployment compensation payments;

16376

(3) Cash assistance payments under the Ohio works first	16377
program;	16378

(4) Benefits and services under the prevention, retention,	16379
and contingency program;	16380

(5) Disability financial assistance administered by the Ohio	16381
department of job and family services;	16382

(6) Social security benefits;

16383

(7) Supplemental security income (S.S.I.);

16384

(8) Veteran's benefits;

16385

(9) Black lung benefits;

16386

(10) Certain pensions.

16387

Additionally, your wages never can be taken to pay a debt	16388
until a judgment has been obtained against you. There may be other	16389
benefits not included in this list that apply in your case.	16390

If you dispute the plaintiff's claim and believe that you are	16391
entitled to possession of the property because it is exempt or for	16392
any other reason, you may request a hearing before this court by	16393
disputing the claim in the request for hearing form, appearing	16394
below, or in a substantially similar form, and delivering the	16395
request for hearing to this court at the above address, at the	16396
office of the clerk of this court, no later than the end of the	16397
fifth business day after you receive this notice. You may state	16398
your reasons for disputing the claim in the space provided on the	16399
form; however, you are not required to do so. If you do state your	16400
reasons for disputing the claim, you are not prohibited from	16401
stating any other reasons at the hearing, and if you do not state	16402
your reasons, it will not be held against you by the court and you	16403
can state your reasons at the hearing. If you request a hearing,	16404
it will be held within three business days after delivery of your	16405
request for hearing and notice of the date, time, and place of the	16406
hearing will be sent to you.	16407

You may avoid a hearing but recover and retain possession of	16408
the property until the entry of final judgment in the action by	16409
filing with the court, at the office of the clerk of this court,	16410
not later than the end of the fifth business day after you receive	16411
this notice, a bond executed by an acceptable surety in the amount	16412
of $.........	16413

If you do not request a hearing or file a bond before the end	16414
of the fifth business day after you receive this notice,	16415
possession of the property will be withheld from you during the	16416
pendency of the action. Notice of the dates, times, places, and	16417
purposes of any subsequent hearings and of the date, time, and	16418
place of the trial of the action will be sent to you.	16419

(2) Along with the notice required by division (C)(1) of this	16424
section, the clerk of the court also shall deliver to the	16425
defendant a request for hearing form together with a postage-paid,	16426
self-addressed envelope or a request for hearing form on a	16427
postage-paid, self-addressed postcard. The request for hearing	16428
shall be in substantially the following form:	16429

"(Name and Address of Court)

16430

REQUEST FOR HEARING

16432

I dispute the claim for possession of property in the above	16433
case and request that a hearing in this matter be held within	16434
three business days after delivery of this request to the court.	16435

I dispute the claim for the following reasons:

16436

..................................................................

16437

(Optional)

16438

..................................................................

16439

..................................................................

16440

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	16447
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	16448
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	16449
YOU WAIVE YOUR RIGHT TO A HEARING AND POSSESSION OF THE PROPERTY	16450
WILL BE WITHHELD FROM YOU DURING THE PENDENCY OF THE ACTION."	16451

(D) The defendant may receive a hearing in accordance with	16452
section 2715.043 of the Revised Code by delivering a written	16453
request for hearing to the court within five business days after	16454
receipt of the notice provided pursuant to division (C) of this	16455
section. The request may set forth the defendant's reasons for	16456
disputing the plaintiff's claim for possession of property.	16457
However, neither the defendant's inclusion of nor failure to	16458
include such reasons upon the request constitutes a waiver of any	16459
defense of the defendant or affects the defendant's right to	16460
produce evidence at any hearing or at the trial of the action. If	16461
the request is made by the defendant, the court shall schedule a	16462
hearing within three business days after the request is made, send	16463
notice to the parties of the date, time, and place of the hearing,	16464
and hold the hearing accordingly.	16465

(E) If, after hearing, the court finds that there is not	16466
probable cause to support the motion, it shall order that the	16467
property be redelivered to the defendant without the condition of	16468
bond.	16469

Sec. 2716.13.  (A) Upon the filing of a proceeding in	16470
garnishment of property, other than personal earnings, under	16471
section 2716.11 of the Revised Code, the court shall cause the	16472
matter to be set for hearing within twelve days after that filing.	16473

(B) Upon the scheduling of a hearing relative to a proceeding	16474
in garnishment of property, other than personal earnings, under	16475
division (A) of this section, the clerk of the court immediately	16476
shall issue to the garnishee three copies of the order of	16477
garnishment of property, other than personal earnings, and of a	16478
written notice that the garnishee answer as provided in section	16479
2716.21 of the Revised Code and the garnishee's fee required by	16480
section 2716.12 of the Revised Code. The copies of the order and	16481
of the notice shall be served upon the garnishee in the same	16482
manner as a summons is served. The copies of the order and of the	16483
notice shall not be served later than seven days prior to the date	16484
on which the hearing is scheduled. The order shall bind the	16485
property, other than personal earnings, of the judgment debtor in	16486
the possession of the garnishee at the time of service.	16487

The order of garnishment of property, other than personal	16488
earnings, and notice to answer shall be in substantially the	16489
following form:	16490

"ORDER AND NOTICE OF GARNISHMENT

16491

OF PROPERTY OTHER THAN PERSONAL EARNINGS

16492

AND ANSWER OF GARNISHEE

16493

The State of Ohio

16498

County of ............, ss

16499

..................., Judgment Creditor

16500

vs.

16501

..................., Judgment Debtor

16502

SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT

16503

To: ...................., Garnishee

16504

The judgment creditor in the above case has filed an	16505
affidavit, satisfactory to the undersigned, in this Court stating	16506
that you have money, property, or credits, other than personal	16507
earnings, in your hands or under your control that belong to the	16508
judgment debtor, and that some of the money, property, or credits	16509
may not be exempt from garnishment under the laws of the State of	16510
Ohio or the laws of the United States.	16511

You are therefore ordered to complete the "ANSWER OF	16512
GARNISHEE" in section (B) of this form. Return one completed and	16513
signed copy of this form to the clerk of this court together with	16514
the amount determined in accordance with the "ANSWER OF GARNISHEE"	16515
by the following date on which a hearing is tentatively scheduled	16516
relative to this order of garnishment: ............ Deliver one	16517
completed and signed copy of this form to the judgment debtor	16518
prior to that date. Keep the other completed and signed copy of	16519
this form for your files.	16520

The total probable amount now due on this judgment is	16521
$.......... The total probable amount now due includes the unpaid	16522
portion of the judgment in favor of the judgment creditor, which	16523
is $..........; interest on that judgment and, if applicable,	16524
prejudgment interest relative to that judgment at the rate of	16525
.....% per annum payable until that judgment is satisfied in full;	16526
and court costs in the amount of $...........	16527

You also are ordered to hold safely anything of value that	16528
belongs to the judgment debtor and that has to be paid to the	16529
court, as determined under the "ANSWER OF GARNISHEE" in section	16530
(B) of this form, but that is of such a nature that it cannot be	16531
so delivered, until further order of the court.	16532

Witness my hand and the seal of this court this ..........	16533
day of .........., ..........	16534

SECTION B. ANSWER OF GARNISHEE

16537

Now comes .................... the garnishee, who says:

16538

1. That the garnishee has money, property, or credits, other	16539
than personal earnings, of the judgment debtor under the	16540
garnishee's control and in the garnishee's possession.	16541

2. That property is described as:

16544

3. If the answer to line 1 is "yes" and the amount is less	16545
than the probable amount now due on the judgment, as indicated in	16546
section (A) of this form, sign and return this form and pay the	16547
amount of line 1 to the clerk of this court.	16548

4. If the answer to line 1 is "yes" and the amount is greater	16549
than that probable amount now due on the judgment, as indicated in	16550
section (A) of this form, sign and return this form and pay that	16551
probable amount now due to the clerk of this court.	16552

5. If the answer to line 1 is "yes" but the money, property,	16553
or credits are of such a nature that they cannot be delivered to	16554
the clerk of the court, indicate that by placing an "X" in this	16555
space: ...... Do not dispose of that money, property, or credits	16556
or give them to anyone else until further order of the court.	16557

6. If the answer to line 1 is "no," sign and return this form	16558
to the clerk of this court.	16559

I certify that the statements above are true.

16560

Signed........................................................

16566

(Signature of Person Completing Form)

16567

Dated this .......... day of .........., ....."

16568

Section A of the form described in this division shall be	16569
completed before service. Section B of the form shall be completed	16570
by the garnishee, and the garnishee shall file one completed and	16571
signed copy of the form with the clerk of the court as the	16572
garnishee's answer. The garnishee may keep one completed and	16573
signed copy of the form and shall deliver the other completed and	16574
signed copy of the form to the judgment debtor.	16575

If several affidavits seeking orders of garnishment of	16576
property, other than personal earnings, are filed against the same	16577
judgment debtor in accordance with section 2716.11 of the Revised	16578
Code, the court involved shall issue the requested orders in the	16579
same order in which the clerk received the associated affidavits.	16580

(C)(1) At the time of the filing of a proceeding in	16581
garnishment of property, other than personal earnings, under	16582
section 2716.11 of the Revised Code, the judgment creditor also	16583
shall file with the clerk of the court a praecipe instructing the	16584
clerk to issue to the judgment debtor a notice to the judgment	16585
debtor form and a request for hearing form. Upon receipt of the	16586
praecipe and the scheduling of a hearing relative to an action in	16587
garnishment of property, other than personal earnings, under	16588
division (A) of this section, the clerk of the court immediately	16589
shall serve upon the judgment debtor, in accordance with division	16590
(D) of this section, two copies of the notice to the judgment	16591
debtor form and of the request for hearing form. The copies of the	16592
notice to the judgment debtor form and of the request for hearing	16593
form shall not be served later than seven days prior to the date	16594
on which the hearing is scheduled.	16595

(a) The notice to the judgment debtor that must be served	16596
upon the judgment debtor shall be in substantially the following	16597
form:	16598

"(Name and Address of the Court)

16599

(Case Caption) ......................... Case No. .............

16600

NOTICE TO THE JUDGMENT DEBTOR

16601

You are hereby notified that this court has issued an order	16602
in the above case in favor of (name and address of judgment	16603
creditor), the judgment creditor in this proceeding, directing	16604
that some of your money, property, or credits, other than personal	16605
earnings, now in the possession of (name and address of	16606
garnishee), the garnishee in this proceeding, be used to satisfy	16607
your debt to the judgment creditor. This order was issued on the	16608
basis of the judgment creditor's judgment against you that was	16609
obtained in (name of court) in (case number) on (date). Upon your	16610
receipt of this notice, you are prohibited from removing or	16611
attempting to remove the money, property, or credits until	16612
expressly permitted by the court. Any violation of this	16613
prohibition subjects you to punishment for contempt of court.	16614

The law of Ohio and the United States provides that certain	16615
benefit payments cannot be taken from you to pay a debt. Typical	16616
among the benefits that cannot be attached or executed upon by a	16617
creditor are the following:	16618

(1) Workers' compensation benefits;

16619

(2) Unemployment compensation payments;

16620

(3) Cash assistance payments under the Ohio works first	16621
program;	16622

(4) Benefits and services under the prevention, retention,	16623
and contingency program;	16624

(5) Disability financial assistance administered by the Ohio	16625
department of job and family services;	16626

(6) Social security benefits;

16627

(7) Supplemental security income (S.S.I.);

16628

(8) Veteran's benefits;

16629

(9) Black lung benefits;

16630

(10) Certain pensions.

16631

There may be other benefits not included in the above list	16632
that apply in your case.	16633

If you dispute the judgment creditor's right to garnish your	16634
property and believe that the judgment creditor should not be	16635
given your money, property, or credits, other than personal	16636
earnings, now in the possession of the garnishee because they are	16637
exempt or if you feel that this order is improper for any other	16638
reason, you may request a hearing before this court by disputing	16639
the claim in the request for hearing form, appearing below, or in	16640
a substantially similar form, and delivering the request for	16641
hearing to this court at the above address, at the office of the	16642
clerk of this court no later than the end of the fifth business	16643
day after you receive this notice. You may state your reasons for	16644
disputing the judgment creditor's right to garnish your property	16645
in the space provided on the form; however, you are not required	16646
to do so. If you do state your reasons for disputing the judgment	16647
creditor's right, you are not prohibited from stating any other	16648
reason at the hearing. If you do not state your reasons, it will	16649
not be held against you by the court, and you can state your	16650
reasons at the hearing. NO OBJECTIONS TO THE JUDGMENT ITSELF WILL	16651
BE HEARD OR CONSIDERED AT THE HEARING. If you request a hearing,	16652
the hearing will be limited to a consideration of the amount of	16653
your money, property, or credits, other than personal earnings, in	16654
the possession or control of the garnishee, if any, that can be	16655
used to satisfy all or part of the judgment you owe to the	16656
judgment creditor.	16657

If you request a hearing by delivering your request for	16658
hearing no later than the end of the fifth business day after you	16659
receive this notice, it will be conducted in .......... courtroom	16660
.........., (address of court), at ..... m. on ..........,	16661
.......... You may request the court to conduct the hearing before	16662
this date by indicating your request in the space provided on the	16663
form; the court then will send you notice of any change in the	16664
date, time, or place of the hearing. If you do not request a	16665
hearing by delivering your request for a hearing no later than the	16666
end of the fifth business day after you receive this notice, some	16667
of your money, property, or credits, other than personal earnings,	16668
will be paid to the judgment creditor.	16669

If you have any questions concerning this matter, you may	16670
contact the office of the clerk of this court. If you want legal	16671
representation, you should contact your lawyer immediately. If you	16672
need the name of a lawyer, contact the local bar association.	16673

(b) The request for hearing form that must be served upon the	16678
judgment debtor shall have attached to it a postage-paid,	16679
self-addressed envelope or shall be on a postage-paid	16680
self-addressed postcard, and shall be in substantially the	16681
following form:	16682

"(Name and Address of Court)

16683

Case Number ........................... Date ....................

16684

REQUEST FOR HEARING

16685

I dispute the judgment creditor's right to garnish my money,	16686
property, or credits, other than personal earnings, in the above	16687
case and request that a hearing in this matter be held	16688

..................................................................

16689

(Insert "on" or "earlier than")

16690

the date and time set forth in the document entitled "NOTICE TO	16691
THE JUDGMENT DEBTOR" that I received with this request form.	16692

I dispute the judgment creditor's right to garnish my	16693
property for the following reasons:	16694

..................................................................

16695

(Optional)

16696

..................................................................

16697

..................................................................

16698

I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL	16699
BE HEARD OR CONSIDERED AT THE HEARING.	16700

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	16707
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	16708
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	16709
YOU WAIVE YOUR RIGHT TO A HEARING AND SOME OF YOUR MONEY,	16710
PROPERTY, OR CREDITS, OTHER THAN PERSONAL EARNINGS, NOW IN THE	16711
POSSESSION OF (GARNISHEE'S NAME) WILL BE PAID TO (JUDGMENT	16712
CREDITOR'S NAME) TO SATISFY SOME OF YOUR DEBT TO (JUDGMENT	16713
CREDITOR'S NAME)."	16714

(2) The judgment debtor may receive a hearing in accordance	16715
with this division by delivering a written request for hearing to	16716
the court within five business days after receipt of the notice	16717
provided pursuant to division (C)(1) of this section. The request	16718
may set forth the judgment debtor's reasons for disputing the	16719
judgment creditor's right to garnish the money, property, or	16720
credits, other than personal earnings; however, neither the	16721
judgment debtor's inclusion of nor failure to include those	16722
reasons upon the request constitutes a waiver of any defense of	16723
the judgment debtor or affects the judgment debtor's right to	16724
produce evidence at the hearing. If the request is made by the	16725
judgment debtor within the prescribed time, the hearing shall be	16726
limited to a consideration of the amount of money, property, or	16727
credits, other than personal earnings, of the judgment debtor in	16728
the hands of the garnishee, if any, that can be used to satisfy	16729
all or part of the debt owed by the judgment debtor to the	16730
judgment creditor. If a request for a hearing is not received by	16731
the court within the prescribed time, the hearing scheduled	16732
pursuant to division (A) of this section shall be canceled unless	16733
the court grants the judgment debtor a continuance in accordance	16734
with division (C)(3) of this section.	16735

(3) If the judgment debtor does not request a hearing in the	16736
action within the prescribed time pursuant to division (C)(2) of	16737
this section, the court nevertheless may grant a continuance of	16738
the scheduled hearing if the judgment debtor, prior to the time at	16739
which the hearing was scheduled, as indicated on the notice to the	16740
judgment debtor required by division (C)(1) of this section,	16741
establishes a reasonable justification for failure to request the	16742
hearing within the prescribed time. If the court grants a	16743
continuance of the hearing, it shall cause the matter to be set	16744
for hearing as soon as practicable thereafter. The continued	16745
hearing shall be conducted in accordance with division (C)(2) of	16746
this section.	16747

(4) The court may conduct the hearing on the matter prior to	16748
the time at which the hearing was scheduled, as indicated on the	16749
notice to the judgment debtor required by division (C)(1) of this	16750
section, upon the request of the judgment debtor. The parties	16751
shall be sent notice, by the clerk of the court, by regular mail,	16752
of any change in the date, time, or place of the hearing.	16753

(5) If the scheduled hearing is canceled and no continuance	16754
is granted, the court shall issue an order to the garnishee to pay	16755
all or some of the money, property, or credits, other than	16756
personal earnings, of the judgment debtor in the possession of the	16757
garnishee at the time of service of the notice and order into	16758
court if they have not already been paid to the court. This order	16759
shall be based on the answer of the garnishee filed pursuant to	16760
this section. If the scheduled hearing is conducted or if it is	16761
continued and conducted, the court shall determine at the hearing	16762
the amount of the money, property, or credits, other than personal	16763
earnings, of the judgment debtor in the possession of the	16764
garnishee at the time of service of the notice and order, if any,	16765
that can be used to satisfy all or part of the debt owed by the	16766
judgment debtor to the judgment creditor, and issue an order,	16767
accordingly, to the garnishee to pay that amount into court if it	16768
has not already been paid to the court.	16769

(D) The notice to the judgment debtor form and the request	16770
for hearing form described in division (C) of this section shall	16771
be sent by the clerk by ordinary or regular mail service unless	16772
the judgment creditor requests that service be made in accordance	16773
with the Rules of Civil Procedure, in which case the forms shall	16774
be served in accordance with the Rules of Civil Procedure. Any	16775
court of common pleas that issues an order of garnishment of	16776
property, other than personal earnings, under this section has	16777
jurisdiction to serve process pursuant to this section upon a	16778
garnishee who does not reside within the jurisdiction of the	16779
court. Any county court or municipal court that issues an order of	16780
garnishment of property, other than personal earnings, under this	16781
section has jurisdiction to serve process pursuant to this section	16782
upon a garnishee who does not reside within the jurisdiction of	16783
the court.	16784

Sec. 2743.02.  (A)(1) The state hereby waives its immunity	16785
from liability, except as provided for the office of the state	16786
fire marshal in division (G)(1) of section 9.60 and division (B)	16787
of section 3737.221 of the Revised Code and subject to division	16788
(H) of this section, and consents to be sued, and have its	16789
liability determined, in the court of claims created in this	16790
chapter in accordance with the same rules of law applicable to	16791
suits between private parties, except that the determination of	16792
liability is subject to the limitations set forth in this chapter	16793
and, in the case of state universities or colleges, in section	16794
3345.40 of the Revised Code, and except as provided in division	16795
(A)(2) of this section. To the extent that the state has	16796
previously consented to be sued, this chapter has no	16797
applicability.	16798

Except in the case of a civil action filed by the state,	16799
filing a civil action in the court of claims results in a complete	16800
waiver of any cause of action, based on the same act or omission,	16801
which the filing party has against any officer or employee, as	16802
defined in section 109.36 of the Revised Code. The waiver shall be	16803
void if the court determines that the act or omission was	16804
manifestly outside the scope of the officer's or employee's office	16805
or employment or that the officer or employee acted with malicious	16806
purpose, in bad faith, or in a wanton or reckless manner.	16807

(2) If a claimant proves in the court of claims that an	16808
officer or employee, as defined in section 109.36 of the Revised	16809
Code, would have personal liability for the officer's or	16810
employee's acts or omissions but for the fact that the officer or	16811
employee has personal immunity under section 9.86 of the Revised	16812
Code, the state shall be held liable in the court of claims in any	16813
action that is timely filed pursuant to section 2743.16 of the	16814
Revised Code and that is based upon the acts or omissions.	16815

(B) The state hereby waives the immunity from liability of	16816
all hospitals owned or operated by one or more political	16817
subdivisions and consents for them to be sued, and to have their	16818
liability determined, in the court of common pleas, in accordance	16819
with the same rules of law applicable to suits between private	16820
parties, subject to the limitations set forth in this chapter.	16821
This division is also applicable to hospitals owned or operated by	16822
political subdivisions which have been determined by the supreme	16823
court to be subject to suit prior to July 28, 1975.	16824

(C) Any hospital, as defined in section 2305.113 of the	16825
Revised Code, may purchase liability insurance covering its	16826
operations and activities and its agents, employees, nurses,	16827
interns, residents, staff, and members of the governing board and	16828
committees, and, whether or not such insurance is purchased, may,	16829
to such extent as its governing board considers appropriate,	16830
indemnify or agree to indemnify and hold harmless any such person	16831
against expense, including attorney's fees, damage, loss, or other	16832
liability arising out of, or claimed to have arisen out of, the	16833
death, disease, or injury of any person as a result of the	16834
negligence, malpractice, or other action or inaction of the	16835
indemnified person while acting within the scope of the	16836
indemnified person's duties or engaged in activities at the	16837
request or direction, or for the benefit, of the hospital. Any	16838
hospital electing to indemnify such persons, or to agree to so	16839
indemnify, shall reserve such funds as are necessary, in the	16840
exercise of sound and prudent actuarial judgment, to cover the	16841
potential expense, fees, damage, loss, or other liability. The	16842
superintendent of insurance may recommend, or, if such hospital	16843
requests the superintendent to do so, the superintendent shall	16844
recommend, a specific amount for any period that, in the	16845
superintendent's opinion, represents such a judgment. This	16846
authority is in addition to any authorization otherwise provided	16847
or permitted by law.	16848

(D) Recoveries against the state shall be reduced by the	16849
aggregate of insurance proceeds, disability award, or other	16850
collateral recovery received by the claimant. This division does	16851
not apply to civil actions in the court of claims against a state	16852
university or college under the circumstances described in section	16853
3345.40 of the Revised Code. The collateral benefits provisions of	16854
division (B)(2) of that section apply under those circumstances.	16855

(E) The only defendant in original actions in the court of	16856
claims is the state. The state may file a third-party complaint or	16857
counterclaim in any civil action, except a civil action for two	16858
thousand five hundred dollars or less, that is filed in the court	16859
of claims.	16860

(F) A civil action against an officer or employee, as defined	16861
in section 109.36 of the Revised Code, that alleges that the	16862
officer's or employee's conduct was manifestly outside the scope	16863
of the officer's or employee's employment or official	16864
responsibilities, or that the officer or employee acted with	16865
malicious purpose, in bad faith, or in a wanton or reckless manner	16866
shall first be filed against the state in the court of claims,	16867
which has exclusive, original jurisdiction to determine,	16868
initially, whether the officer or employee is entitled to personal	16869
immunity under section 9.86 of the Revised Code and whether the	16870
courts of common pleas have jurisdiction over the civil action.	16871

The filing of a claim against an officer or employee under	16872
this division tolls the running of the applicable statute of	16873
limitations until the court of claims determines whether the	16874
officer or employee is entitled to personal immunity under section	16875
9.86 of the Revised Code.	16876

(G) Whenever a claim lies against an officer or employee who	16877
is a member of the Ohio national guard, and the officer or	16878
employee was, at the time of the act or omission complained of,	16879
subject to the "Federal Tort Claims Act," 60 Stat. 842 (1946), 28	16880
U.S.C. 2671, et seq., then the Federal Tort Claims Act is the	16881
exclusive remedy of the claimant and the state has no liability	16882
under this section.	16883

(H) If an inmate of a state correctional institution has a	16884
claim against the state for the loss of or damage to property and	16885
the amount claimed does not exceed three hundred dollars, before	16886
commencing an action against the state in the court of claims, the	16887
inmate shall file a claim for the loss or damage under the rules	16888
adopted by the director of rehabilitation and correction pursuant	16889
to this division. The inmate shall file the claim within the time	16890
allowed for commencement of a civil action under section 2743.16	16891
of the Revised Code. If the state admits or compromises the claim,	16892
the director shall make payment from a fund designated by the	16893
director for that purpose. If the state denies the claim or does	16894
not compromise the claim at least sixty days prior to expiration	16895
of the time allowed for commencement of a civil action based upon	16896
the loss or damage under section 2743.16 of the Revised Code, the	16897
inmate may commence an action in the court of claims under this	16898
chapter to recover damages for the loss or damage.	16899

The director of rehabilitation and correction shall adopt	16900
rules pursuant to Chapter 119. of the Revised Code to implement	16901
this division.	16902

Sec. 2743.60.  (A) The attorney general, a court of claims	16903
panel of commissioners, or a judge of the court of claims shall	16904
not make or order an award of reparations to any claimant who, if	16905
the victim of the criminally injurious conduct was an adult, did	16906
not file an application for an award of reparations within two	16907
years after the date of the occurrence of the criminally injurious	16908
conduct that caused the injury or death for which the victim is	16909
seeking an award of reparations or who, if the victim of that	16910
criminally injurious conduct was a minor, did not file an	16911
application for an award of reparations within the period provided	16912
by division (C)(1) of section 2743.56 of the Revised Code. An	16913
award of reparations shall not be made to a claimant if the	16914
criminally injurious conduct upon which the claimant bases a claim	16915
was not reported to a law enforcement officer or agency within	16916
seventy-two hours after the occurrence of the conduct, unless it	16917
is determined that good cause existed for the failure to report	16918
the conduct within the seventy-two-hour period.	16919

(B)(1) The attorney general, a panel of commissioners, or a	16920
judge of the court of claims shall not make or order an award of	16921
reparations to a claimant if any of the following apply:	16922

(a) The claimant is the offender or an accomplice of the	16923
offender who committed the criminally injurious conduct, or the	16924
award would unjustly benefit the offender or accomplice.	16925

(b) Except as provided in division (B)(2) of this section,	16926
both of the following apply:	16927

(i) The victim was a passenger in a motor vehicle and knew or	16928
reasonably should have known that the driver was under the	16929
influence of alcohol, a drug of abuse, or both.	16930

(ii) The claimant is seeking compensation for injuries	16931
proximately caused by the driver described in division	16932
(B)(1)(b)(i) of this section being under the influence of alcohol,	16933
a drug of abuse, or both.	16934

(c) Both of the following apply:

16935

(i) The victim was under the influence of alcohol, a drug of	16936
abuse, or both and was a passenger in a motor vehicle and, if	16937
sober, should have reasonably known that the driver was under the	16938
influence of alcohol, a drug of abuse, or both.	16939

(ii) The claimant is seeking compensation for injuries	16940
proximately caused by the driver described in division	16941
(B)(1)(b)(i) of this section being under the influence of alcohol,	16942
a drug of abuse, or both.	16943

(2) Division (B)(1)(b) of this section does not apply if on	16944
the date of the occurrence of the criminally injurious conduct,	16945
the victim was under sixteen years of age or was at least sixteen	16946
years of age but less than eighteen years of age and was riding	16947
with a parent, guardian, or care-provider.	16948

(C) The attorney general, a panel of commissioners, or a	16949
judge of the court of claims, upon a finding that the claimant or	16950
victim has not fully cooperated with appropriate law enforcement	16951
agencies, may deny a claim or reconsider and reduce an award of	16952
reparations.	16953

(D) The attorney general, a panel of commissioners, or a	16954
judge of the court of claims shall reduce an award of reparations	16955
or deny a claim for an award of reparations that is otherwise	16956
payable to a claimant to the extent that the economic loss upon	16957
which the claim is based is recouped from other persons, including	16958
collateral sources. If an award is reduced or a claim is denied	16959
because of the expected recoupment of all or part of the economic	16960
loss of the claimant from a collateral source, the amount of the	16961
award or the denial of the claim shall be conditioned upon the	16962
claimant's economic loss being recouped by the collateral source.	16963
If the award or denial is conditioned upon the recoupment of the	16964
claimant's economic loss from a collateral source and it is	16965
determined that the claimant did not unreasonably fail to present	16966
a timely claim to the collateral source and will not receive all	16967
or part of the expected recoupment, the claim may be reopened and	16968
an award may be made in an amount equal to the amount of expected	16969
recoupment that it is determined the claimant will not receive	16970
from the collateral source.	16971

If the claimant recoups all or part of the economic loss upon	16972
which the claim is based from any other person or entity,	16973
including a collateral source, the attorney general may recover	16974
pursuant to section 2743.72 of the Revised Code the part of the	16975
award that represents the economic loss for which the claimant	16976
received the recoupment from the other person or entity.	16977

(E) The(1) Except as otherwise provided in division (E)(2) of	16978
this section, the attorney general, a panel of commissioners, or a	16979
judge of the court of claims shall not make an award to a claimant	16980
if any of the following applies:	16981

(1)(a) The victim was convicted of a felony within ten years	16982
prior to the criminally injurious conduct that gave rise to the	16983
claim or is convicted of a felony during the pendency of the	16984
claim.	16985

(2)(b) The claimant was convicted of a felony within ten	16986
years prior to the criminally injurious conduct that gave rise to	16987
the claim or is convicted of a felony during the pendency of the	16988
claim.	16989

(3)(c) It is proved by a preponderance of the evidence that	16990
the victim or the claimant engaged, within ten years prior to the	16991
criminally injurious conduct that gave rise to the claim or during	16992
the pendency of the claim, in an offense of violence, a violation	16993
of section 2925.03 of the Revised Code, or any substantially	16994
similar offense that also would constitute a felony under the laws	16995
of this state, another state, or the United States.	16996

(4)(d) The claimant was convicted of a violation of section	16997
2919.22 or 2919.25 of the Revised Code, or of any state law or	16998
municipal ordinance substantially similar to either section,	16999
within ten years prior to the criminally injurious conduct that	17000
gave rise to the claim or during the pendency of the claim.	17001

(2) The attorney general, a panel of commissioners, or a	17002
judge of the court of claims may make an award to a minor	17003
dependent of a deceased victim for dependent's economic loss if	17004
the minor dependent is not ineligible under division (E)(1) of	17005
this section due to the minor dependent's criminal history and if	17006
the victim was not killed while engaging in violent felonious	17007
conduct that contributed to the criminally injurious conduct that	17008
gave rise to the claim.	17009

(F) In determining whether to make an award of reparations	17010
pursuant to this section, the attorney general or panel of	17011
commissioners shall consider whether there was contributory	17012
misconduct by the victim or the claimant. The attorney general, a	17013
panel of commissioners, or a judge of the court of claims shall	17014
reduce an award of reparations or deny a claim for an award of	17015
reparations to the extent it is determined to be reasonable	17016
because of the contributory misconduct of the claimant or the	17017
victim.	17018

When the attorney general decides whether a claim should be	17019
denied because of an allegation of contributory misconduct, the	17020
burden of proof on the issue of that alleged contributory	17021
misconduct shall be upon the claimant, if either of the following	17022
apply:	17023

(1) The victim was convicted of a felony more than ten years	17024
prior to the criminally injurious conduct that is the subject of	17025
the claim or has a record of felony arrests under the laws of this	17026
state, another state, or the United States.	17027

(2) There is good cause to believe that the victim engaged in	17028
an ongoing course of criminal conduct within five years or less of	17029
the criminally injurious conduct that is the subject of the claim.	17030

For purposes of this section, if it is proven by a	17031
preponderance of the evidence that the victim engaged in conduct	17032
at the time of the criminally injurious conduct that was a felony	17033
violation of section 2925.11 of the Revised Code, the conduct	17034
shall be presumed to have contributed to the criminally injurious	17035
conduct and shall result in a complete denial of the claim.	17036

(G) The attorney general, a panel of commissioners, or a	17037
judge of the court of claims shall not make an award of	17038
reparations to a claimant if the criminally injurious conduct that	17039
caused the injury or death that is the subject of the claim	17040
occurred to a victim who was an adult and while the victim, after	17041
being convicted of or pleading guilty to an offense, was serving a	17042
sentence of imprisonment in any detention facility, as defined in	17043
section 2921.01 of the Revised Code.	17044

(H) If a claimant unreasonably fails to present a claim	17045
timely to a source of benefits or advantages that would have been	17046
a collateral source and that would have reimbursed the claimant	17047
for all or a portion of a particular expense, the attorney	17048
general, a panel of commissioners, or a judge of the court of	17049
claims may reduce an award of reparations or deny a claim for an	17050
award of reparations to the extent that it is reasonable to do so.	17051

(I) Reparations payable to a victim and to all other	17052
claimants sustaining economic loss because of injury to or the	17053
death of that victim shall not exceed fifty thousand dollars in	17054
the aggregate.	17055

Sec. 2915.01.  As used in this chapter:

17056

(A) "Bookmaking" means the business of receiving or paying	17057
off bets.	17058

(B) "Bet" means the hazarding of anything of value upon the	17059
result of an event, undertaking, or contingency, but does not	17060
include a bona fide business risk.	17061

(C) "Scheme of chance" means a slot machine, lottery, numbers	17062
game, pool, or other scheme in which a participant gives a	17063
valuable consideration for a chance to win a prize, but does not	17064
include bingo.	17065

(D) "Game of chance" means poker, craps, roulette, or other	17066
game in which a player gives anything of value in the hope of	17067
gain, the outcome of which is determined largely by chance, but	17068
does not include bingo.	17069

(E) "Game of chance conducted for profit" means any game of	17070
chance designed to produce income for the person who conducts or	17071
operates the game of chance, but does not include bingo.	17072

(F) "Gambling device" means any of the following:

17073

(1) A book, totalizer, or other equipment for recording bets;

17074

(2) A ticket, token, or other device representing a chance,	17075
share, or interest in a scheme of chance or evidencing a bet;	17076

(3) A deck of cards, dice, gaming table, roulette wheel, slot	17077
machine, or other apparatus designed for use in connection with a	17078
game of chance;	17079

(4) Any equipment, device, apparatus, or paraphernalia	17080
specially designed for gambling purposes;	17081

(5) Bingo supplies sold or otherwise provided, or used, in	17082
violation of this chapter.	17083

(G) "Gambling offense" means any of the following:

17084

(1) A violation of section 2915.02, 2915.03, 2915.04,	17085
2915.05, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09, 2915.091,	17086
2915.092, 2915.10, or 2915.11 of the Revised Code;	17087

(2) A violation of an existing or former municipal ordinance	17088
or law of this or any other state or the United States	17089
substantially equivalent to any section listed in division (G)(1)	17090
of this section or a violation of section 2915.06 of the Revised	17091
Code as it existed prior to July 1, 1996;	17092

(3) An offense under an existing or former municipal	17093
ordinance or law of this or any other state or the United States,	17094
of which gambling is an element;	17095

(4) A conspiracy or attempt to commit, or complicity in	17096
committing, any offense under division (G)(1), (2), or (3) of this	17097
section.	17098

(H) Except as otherwise provided in this chapter, "charitable	17099
organization" means any tax exempt religious, educational,	17100
veteran's, fraternal, service, nonprofit medical, volunteer rescue	17101
service, volunteer firefighter's, senior citizen's, historic	17102
railroad educational, youth athletic, amateur athletic, or youth	17103
athletic park organization. An organization is tax exempt if the	17104
organization is, and has received from the internal revenue	17105
service a determination letter that currently is in effect stating	17106
that the organization is, exempt from federal income taxation	17107
under subsection 501(a) and described in subsection 501(c)(3),	17108
501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal	17109
Revenue Code. To qualify as a charitable organization, an	17110
organization, except a volunteer rescue service or volunteer fire	17111
fighter's organization, shall have been in continuous existence as	17112
such in this state for a period of two years immediately preceding	17113
either the making of an application for a bingo license under	17114
section 2915.08 of the Revised Code or the conducting of any	17115
scheme of chance or game of chance as provided in division (C) of	17116
section 2915.02 of the Revised Code. A charitable organization	17117
that is exempt from federal income taxation under subsection	17118
501(a) and described in subsection 501(c)(3) of the Internal	17119
Revenue Code and that is created by a veteran's organization or a	17120
fraternal organization does not have to have been in continuous	17121
existence as such in this state for a period of two years	17122
immediately preceding either the making of an application for a	17123
bingo license under section 2915.08 of the Revised Code or the	17124
conducting of any scheme of chance or game of chance as provided	17125
in division (D) of section 2915.02 of the Revised Code.	17126

(I) "Religious organization" means any church, body of	17127
communicants, or group that is not organized or operated for	17128
profit and that gathers in common membership for regular worship	17129
and religious observances.	17130

(J) "Educational organization" means any organization within	17131
this state that is not organized for profit, the exclusiveprimary	17132
purpose of which is to educate and develop the capabilities of	17133
individuals through instruction, and that operates or contributes	17134
toby means of operating or contributing to the support of a	17135
school, academy, college, or university.	17136

(K) "Veteran's organization" means any individual post or	17137
state headquarters of a national veteran's association or an	17138
auxiliary unit of any individual post of a national veteran's	17139
association, which post, state headquarters, or auxiliary unit has	17140
been in continuous existence in this state for at least two years	17141
and incorporated as a nonprofit corporation for at least two years	17142
and either has received a letter from the state headquarters of	17143
the national veteran's association indicating that the individual	17144
post or auxiliary unit is in good standing with the national	17145
veteran's association or has received a letter from the national	17146
veteran's association indicating that the state headquarters is in	17147
good standing with the national veteran's association. As used in	17148
this division, "national veteran's association" means any	17149
veteran's association that has been in continuous existence as	17150
such for a period of at least five years and either is	17151
incorporated by an act of the United States congress or has a	17152
national dues-paying membership of at least five thousand persons.	17153

(L) "Volunteer firefighter's organization" means any	17154
organization of volunteer firefighters, as defined in section	17155
146.01 of the Revised Code, that is organized and operated	17156
exclusively to provide financial support for a volunteer fire	17157
department or a volunteer fire company and that is recognized or	17158
ratified by a county, municipal corporation, or township.	17159

(M) "Fraternal organization" means any society, order, state	17160
headquarters, or association within this state, except a college	17161
or high school fraternity, that is not organized for profit, that	17162
is a branch, lodge, or chapter of a national or state	17163
organization, that exists exclusively for the common business or	17164
sodality of its members, and that has been in continuous existence	17165
in this state for a period of five years.	17166

(N) "Volunteer rescue service organization" means any	17167
organization of volunteers organized to function as an emergency	17168
medical service organization, as defined in section 4765.01 of the	17169
Revised Code.	17170

(O) "Service organization" means any organization, not	17171
organized for profit, that is organized and operated exclusively	17172
to provide, or to contribute to the support of organizations or	17173
institutions organized and operated exclusively to provide,	17174
medical and therapeutic services for persons who are crippled,	17175
born with birth defects, or have any other mental or physical	17176
defect or those organized and operated exclusively to protect, or	17177
to contribute to the support of organizations or institutions	17178
organized and operated exclusively to protect, animals from	17179
inhumane treatment.	17180

(P) "Nonprofit medical organization" means any organization	17181
that has been incorporated as a nonprofit corporation for at least	17182
five years and that has continuously operated and will be operated	17183
exclusively to provide, or to contribute to the support of	17184
organizations or institutions organized and operated exclusively	17185
to provide, hospital, medical, research, or therapeutic services	17186
for the public.	17187

(Q) "Senior citizen's organization" means any private	17188
organization, not organized for profit, that is organized and	17189
operated exclusively to provide recreational or social services	17190
for persons who are fifty-five years of age or older and that is	17191
described and qualified under subsection 501(c)(3) of the Internal	17192
Revenue Code.	17193

(R) "Charitable bingo game" means any bingo game described in	17194
division (S)(1) or (2) of this section that is conducted by a	17195
charitable organization that has obtained a license pursuant to	17196
section 2915.08 of the Revised Code and the proceeds of which are	17197
used for a charitable purpose.	17198

(S) "Bingo" means either of the following:

17199

(1) A game with all of the following characteristics:

17200

(a) The participants use bingo cards or sheets, including	17201
paper formats and electronic representation or image formats, that	17202
are divided into twenty-five spaces arranged in five horizontal	17203
and five vertical rows of spaces, with each space, except the	17204
central space, being designated by a combination of a letter and a	17205
number and with the central space being designated as a free	17206
space.	17207

(b) The participants cover the spaces on the bingo cards or	17208
sheets that correspond to combinations of letters and numbers that	17209
are announced by a bingo game operator.	17210

(c) A bingo game operator announces combinations of letters	17211
and numbers that appear on objects that a bingo game operator	17212
selects by chance, either manually or mechanically, from a	17213
receptacle that contains seventy-five objects at the beginning of	17214
each game, each object marked by a different combination of a	17215
letter and a number that corresponds to one of the seventy-five	17216
possible combinations of a letter and a number that can appear on	17217
the bingo cards or sheets.	17218

(d) The winner of the bingo game includes any participant who	17219
properly announces during the interval between the announcements	17220
of letters and numbers as described in division (S)(1)(c) of this	17221
section, that a predetermined and preannounced pattern of spaces	17222
has been covered on a bingo card or sheet being used by the	17223
participant.	17224

(2) Instant bingo, punch boards, and raffles.

17225

(T) "Conduct" means to back, promote, organize, manage, carry	17226
on, sponsor, or prepare for the operation of bingo or a game of	17227
chance.	17228

(U) "Bingo game operator" means any person, except security	17229
personnel, who performs work or labor at the site of bingo,	17230
including, but not limited to, collecting money from participants,	17231
handing out bingo cards or sheets or objects to cover spaces on	17232
bingo cards or sheets, selecting from a receptacle the objects	17233
that contain the combination of letters and numbers that appear on	17234
bingo cards or sheets, calling out the combinations of letters and	17235
numbers, distributing prizes, selling or redeeming instant bingo	17236
tickets or cards, supervising the operation of a punch board,	17237
selling raffle tickets, selecting raffle tickets from a receptacle	17238
and announcing the winning numbers in a raffle, and preparing,	17239
selling, and serving food or beverages.	17240

(V) "Participant" means any person who plays bingo.

17241

(W) "Bingo session" means a period that includes both of the	17242
following:	17243

(1) Not to exceed five continuous hours for the conduct of	17244
one or more games described in division (S)(1) of this section,	17245
instant bingo, and seal cards;	17246

(2) A period for the conduct of instant bingo and seal cards	17247
for not more than two hours before and not more than two hours	17248
after the period described in division (W)(1) of this section.	17249

(X) "Gross receipts" means all money or assets, including	17250
admission fees, that a person receives from bingo without the	17251
deduction of any amounts for prizes paid out or for the expenses	17252
of conducting bingo. "Gross receipts" does not include any money	17253
directly taken in from the sale of food or beverages by a	17254
charitable organization conducting bingo, or by a bona fide	17255
auxiliary unit or society of a charitable organization conducting	17256
bingo, provided all of the following apply:	17257

(1) The auxiliary unit or society has been in existence as a	17258
bona fide auxiliary unit or society of the charitable organization	17259
for at least two years prior to conducting bingo.	17260

(2) The person who purchases the food or beverage receives	17261
nothing of value except the food or beverage and items customarily	17262
received with the purchase of that food or beverage.	17263

(3) The food and beverages are sold at customary and	17264
reasonable prices.	17265

(Y) "Security personnel" includes any person who either is a	17266
sheriff, deputy sheriff, marshal, deputy marshal, township	17267
constable, or member of an organized police department of a	17268
municipal corporation or has successfully completed a peace	17269
officer's training course pursuant to sections 109.71 to 109.79 of	17270
the Revised Code and who is hired to provide security for the	17271
premises on which bingo is conducted.	17272

(Z) "Charitable purpose" means that the net profit of bingo,	17273
other than instant bingo, is used by, or is given, donated, or	17274
otherwise transferred to, any of the following:	17275

(1) Any organization that is described in subsection	17276
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	17277
and is either a governmental unit or an organization that is tax	17278
exempt under subsection 501(a) and described in subsection	17279
501(c)(3) of the Internal Revenue Code;	17280

(2) A veteran's organization that is a post, chapter, or	17281
organization of veterans, or an auxiliary unit or society of, or a	17282
trust or foundation for, any such post, chapter, or organization	17283
organized in the United States or any of its possessions, at least	17284
seventy-five per cent of the members of which are veterans and	17285
substantially all of the other members of which are individuals	17286
who are spouses, widows, or widowers of veterans, or such	17287
individuals, provided that no part of the net earnings of such	17288
post, chapter, or organization inures to the benefit of any	17289
private shareholder or individual, and further provided that the	17290
net profit is used by the post, chapter, or organization for the	17291
charitable purposes set forth in division (B)(12) of section	17292
5739.02 of the Revised Code, is used for awarding scholarships to	17293
or for attendance at an institution mentioned in division (B)(12)	17294
of section 5739.02 of the Revised Code, is donated to a	17295
governmental agency, or is used for nonprofit youth activities,	17296
the purchase of United States or Ohio flags that are donated to	17297
schools, youth groups, or other bona fide nonprofit organizations,	17298
promotion of patriotism, or disaster relief;	17299

(3) A fraternal organization that has been in continuous	17300
existence in this state for fifteen years and that uses the net	17301
profit exclusively for religious, charitable, scientific,	17302
literary, or educational purposes, or for the prevention of	17303
cruelty to children or animals, if contributions for such use	17304
would qualify as a deductible charitable contribution under	17305
subsection 170 of the Internal Revenue Code;	17306

(4) A volunteer firefighter's organization that uses the net	17307
profit for the purposes set forth in division (L) of this section.	17308

(AA) "Internal Revenue Code" means the "Internal Revenue Code	17309
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	17310
amended.	17311

(BB) "Youth athletic organization" means any organization,	17312
not organized for profit, that is organized and operated	17313
exclusively to provide financial support to, or to operate,	17314
athletic activities for persons who are twenty-one years of age or	17315
younger by means of sponsoring, organizing, operating, or	17316
contributing to the support of an athletic team, club, league, or	17317
association.	17318

(CC) "Youth athletic park organization" means any	17319
organization, not organized for profit, that satisfies both of the	17320
following:	17321

(1) It owns, operates, and maintains playing fields that	17322
satisfy both of the following:	17323

(a) The playing fields are used at least one hundred days per	17324
year for athletic activities by one or more organizations, not	17325
organized for profit, each of which is organized and operated	17326
exclusively to provide financial support to, or to operate,	17327
athletic activities for persons who are eighteen years of age or	17328
younger by means of sponsoring, organizing, operating, or	17329
contributing to the support of an athletic team, club, league, or	17330
association.	17331

(b) The playing fields are not used for any profit-making	17332
activity at any time during the year.	17333

(2) It uses the proceeds of bingo it conducts exclusively for	17334
the operation, maintenance, and improvement of its playing fields	17335
of the type described in division (CC)(1) of this section.	17336

(DD) "Amateur athletic organization" means any organization,	17337
not organized for profit, that is organized and operated	17338
exclusively to provide financial support to, or to operate,	17339
athletic activities for persons who are training for amateur	17340
athletic competition that is sanctioned by a national governing	17341
body as defined in the "Amateur Sports Act of 1978," 90 Stat.	17342
3045, 36 U.S.C.A. 373.	17343

(EE) "Bingo supplies" means bingo cards or sheets; instant	17344
bingo tickets or cards; electronic bingo aids; raffle tickets;	17345
punch boards; seal cards; instant bingo ticket dispensers; and	17346
devices for selecting or displaying the combination of bingo	17347
letters and numbers or raffle tickets. Items that are "bingo	17348
supplies" are not gambling devices if sold or otherwise provided,	17349
and used, in accordance with this chapter. For purposes of this	17350
chapter, "bingo supplies" are not to be considered equipment used	17351
to conduct a bingo game.	17352

(FF) "Instant bingo" means a form of bingo that uses folded	17353
or banded tickets or paper cards with perforated break-open tabs,	17354
a face of which is covered or otherwise hidden from view to	17355
conceal a number, letter, or symbol, or set of numbers, letters,	17356
or symbols, some of which have been designated in advance as prize	17357
winners. "Instant bingo" includes seal cards. "Instant bingo" does	17358
not include any device that is activated by the insertion of a	17359
coin, currency, token, or an equivalent, and that contains as one	17360
of its components a video display monitor that is capable of	17361
displaying numbers, letters, symbols, or characters in winning or	17362
losing combinations.	17363

(GG) "Seal card" means a form of instant bingo that uses	17364
instant bingo tickets in conjunction with a board or placard that	17365
contains one or more seals that, when removed or opened, reveal	17366
predesignated winning numbers, letters, or symbols.	17367

(HH) "Raffle" means a form of bingo in which the one or more	17368
prizes are won by one or more persons who have purchased a raffle	17369
ticket. The one or more winners of the raffle are determined by	17370
drawing a ticket stub or other detachable section from a	17371
receptacle containing ticket stubs or detachable sections	17372
corresponding to all tickets sold for the raffle.	17373

(II) "Punch board" means a board containing a number of holes	17374
or receptacles of uniform size in which are placed, mechanically	17375
and randomly, serially numbered slips of paper that may be punched	17376
or drawn from the hole or receptacle when used in conjunction with	17377
instant bingo. A player may punch or draw the numbered slips of	17378
paper from the holes or receptacles and obtain the prize	17379
established for the game if the number drawn corresponds to a	17380
winning number or, if the punch board includes the use of a seal	17381
card, a potential winning number.	17382

(JJ) "Gross profit" means gross receipts minus the amount	17383
actually expended for the payment of prize awards.	17384

(KK) "Net profit" means gross profit minus expenses.

17385

(LL) "Expenses" means the reasonable amount of gross profit	17386
actually expended for all of the following:	17387

(1) The purchase or lease of bingo supplies;

17388

(2) The annual license fee required under section 2915.08 of	17389
the Revised Code;	17390

(3) Bank fees and service charges for a bingo session or game	17391
account described in section 2915.10 of the Revised Code;	17392

(4) Audits and accounting services;

17393

(5) Safes;

17394

(6) Cash registers;

17395

(7) Hiring security personnel;

17396

(8) Advertising bingo;

17397

(9) Renting premises in which to conduct bingo;

17398

(10) Tables and chairs;

17399

(11) Expenses for maintaining and operating a charitable	17400
organization's facilities, including, but not limited to, a post	17401
home, club house, lounge, tavern, or canteen and any grounds	17402
attached to the post home, club house, lounge, tavern, or canteen;	17403

(12) Any other product or service directly related to the	17404
conduct of bingo that is authorized in rules adopted by the	17405
attorney general under division (B)(1) of section 2915.08 of the	17406
Revised Code.	17407

(MM) "Person" has the same meaning as in section 1.59 of the	17408
Revised Code and includes any firm or any other legal entity,	17409
however organized.	17410

(NN) "Revoke" means to void permanently all rights and	17411
privileges of the holder of a license issued under section	17412
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	17413
gaming license issued by another jurisdiction.	17414

(OO) "Suspend" means to interrupt temporarily all rights and	17415
privileges of the holder of a license issued under section	17416
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	17417
gaming license issued by another jurisdiction.	17418

(PP) "Distributor" means any person who purchases or obtains	17419
bingo supplies and who sells, offers for sale, or otherwise	17420
provides or offers to provide the bingo supplies to another person	17421
for use in this state.	17422

(QQ) "Manufacturer" means any person who assembles completed	17423
bingo supplies from raw materials, other items, or subparts or who	17424
modifies, converts, adds to, or removes parts from bingo supplies	17425
to further their promotion or sale.	17426

(RR) "Gross annual revenues" means the annual gross receipts	17427
derived from the conduct of bingo described in division (S)(1) of	17428
this section plus the annual net profit derived from the conduct	17429
of bingo described in division (S)(2) of this section.	17430

(SS) "Instant bingo ticket dispenser" means a mechanical	17431
device that dispenses an instant bingo ticket or card as the sole	17432
item of value dispensed and that has the following	17433
characteristics:	17434

(1) It is activated upon the insertion of United States	17435
currency.	17436

(2) It performs no gaming functions.

17437

(3) It does not contain a video display monitor or generate	17438
noise.	17439

(4) It is not capable of displaying any numbers, letters,	17440
symbols, or characters in winning or losing combinations.	17441

(5) It does not simulate or display rolling or spinning	17442
reels.	17443

(6) It is incapable of determining whether a dispensed bingo	17444
ticket or card is a winning or nonwinning ticket or card and	17445
requires a winning ticket or card to be paid by a bingo game	17446
operator.	17447

(7) It may provide accounting and security features to aid in	17448
accounting for the instant bingo tickets or cards it dispenses.	17449

(8) It is not part of an electronic network and is not	17450
interactive.	17451

(TT)(1) "Electronic bingo aid" means an electronic device	17452
used by a participant to monitor bingo cards or sheets purchased	17453
at the time and place of a bingo session and that does all of the	17454
following:	17455

(a) It provides a means for a participant to input numbers	17456
and letters announced by a bingo caller.	17457

(b) It compares the numbers and letters entered by the	17458
participant to the bingo faces previously stored in the memory of	17459
the device.	17460

(c) It identifies a winning bingo pattern.

17461

(2) "Electronic bingo aid" does not include any device into	17462
which a coin, currency, token, or an equivalent is inserted to	17463
activate play.	17464

(UU) "Deal of instant bingo tickets" means a single game of	17465
instant bingo tickets all with the same serial number.	17466

(VV) "Slot" machine means either of the following:

17467

(1) Any mechanical, electronic, video, or digital device that	17468
is capable of accepting anything of value, directly or indirectly,	17469
from or on behalf of a player who gives the thing of value in the	17470
hope of gain, the outcome of which is determined largely or wholly	17471
by chance;	17472

(2) Any mechanical, electronic, video, or digital device that	17473
is capable of accepting anything of value, directly or indirectly,	17474
from or on behalf of a player to conduct or dispense bingo or a	17475
scheme or game of chance.	17476

(WW) "Net profit from the proceeds of the sale of instant	17477
bingo" means gross profit minus the ordinary, necessary, and	17478
reasonable expense expended for the purchase of instant bingo	17479
supplies.	17480

(XX) "Charitable instant bingo organization" means an	17481
organization that is exempt from federal income taxation under	17482
subsection 501(a) and described in subsection 501(c)(3) of the	17483
Internal Revenue Code and is a charitable organization as defined	17484
in this section. A "charitable instant bingo organization" does	17485
not include a charitable organization that is exempt from federal	17486
income taxation under subsection 501(a) and described in	17487
subsection 501(c)(3) of the Internal Revenue Code and that is	17488
created by a veteran's organization or a fraternal organization in	17489
regards to bingo conducted or assisted by a veteran's organization	17490
or a fraternal organization pursuant to section 2915.13 of the	17491
Revised Code.	17492

(YY) "Game flare" means the board or placard that accompanies	17493
each deal of instant bingo tickets and that has printed on or	17494
affixed to it the following information for the game:	17495

(1) The name of the game;

17496

(2) The manufacturer's name or distinctive logo;

17497

(3) The form number;

17498

(4) The ticket count;

17499

(5) The prize structure, including the number of winning	17500
instant bingo tickets by denomination and the respective winning	17501
symbol or number combinations for the winning instant bingo	17502
tickets;	17503

(6) The cost per play;

17504

(7) The serial number of the game.

17505

(ZZ) "Historic railroad educational organization" means an	17506
organization that is exempt from federal income taxation under	17507
subsection 501(a) and described in subsection 501(c)(3) of the	17508
Internal Revenue Code, that owns in fee simple the tracks and the	17509
right of way of a historic railroad that the organization restores	17510
or maintains and on which the organization provides excursions as	17511
part of a program to promote tourism and educate visitors	17512
regarding the role of railroad transportation in Ohio history, and	17513
that received as donations from a charitable organization that	17514
holds a license to conduct bingo under this chapter an amount	17515
equal to at least fifty per cent of that licensed charitable	17516
organization's net proceeds from the conduct of bingo during each	17517
of the five years preceding June 30, 2003. "Historic railroad"	17518
means all or a portion of the tracks and right of way of a	17519
railroad that was owned and operated by a for profit common	17520
carrier in this state at any time prior to January 1, 1950.	17521

Sec. 2915.02.  (A) No person shall do any of the following:

17522

(1) Engage in bookmaking, or knowingly engage in conduct that	17523
facilitates bookmaking;	17524

(2) Establish, promote, or operate or knowingly engage in	17525
conduct that facilitates any game of chance conducted for profit	17526
or, any scheme of chance other than a pool, or any pool conducted	17527
for profit;	17528

(3) Knowingly procure, transmit, exchange, or engage in	17529
conduct that facilitates the procurement, transmission, or	17530
exchange of information for use in establishing odds or	17531
determining winners in connection with bookmaking or with any game	17532
of chance conducted for profit or any scheme of chance;	17533

(4) Engage in betting or in playing any scheme or game of	17534
chance as a substantial source of income or livelihood;	17535

(5) With purpose to violate division (A)(1), (2), (3), or (4)	17536
of this section, acquire, possess, control, or operate any	17537
gambling device.	17538

(B) For purposes of division (A)(1) of this section, a person	17539
facilitates bookmaking if the person in any way knowingly aids an	17540
illegal bookmaking operation, including, without limitation,	17541
placing a bet with a person engaged in or facilitating illegal	17542
bookmaking. For purposes of division (A)(2) of this section, a	17543
person facilitates a game of chance conducted for profit or a	17544
scheme of chance if the person in any way knowingly aids in the	17545
conduct or operation of any such game or scheme, including,	17546
without limitation, playing any such game or scheme.	17547

(C) This section does not prohibit conduct in connection with	17548
gambling expressly permitted by law.	17549

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

17550

(1) Games of chance, if all of the following apply:

17551

(a) The games of chance are not craps for money or roulette	17552
for money.	17553

(b) The games of chance are conducted by a charitable	17554
organization that is, and has received from the internal revenue	17555
service a determination letter that is currently in effect,	17556
stating that the organization is, exempt from federal income	17557
taxation under subsection 501(a) and described in subsection	17558
501(c)(3) of the Internal Revenue Code.	17559

(c) The games of chance are conducted at festivals of the	17560
charitable organization that are conducted either for a period of	17561
four consecutive days or less and not more than twice a year or	17562
for a period of five consecutive days not more than once a year,	17563
and are conducted on premises owned by the charitable organization	17564
for a period of no less than one year immediately preceding the	17565
conducting of the games of chance, on premises leased from a	17566
governmental unit, or on premises that are leased from a veteran's	17567
or fraternal organization and that have been owned by the lessor	17568
veteran's or fraternal organization for a period of no less than	17569
one year immediately preceding the conducting of the games of	17570
chance.	17571

A charitable organization shall not lease premises from a	17572
veteran's or fraternal organization to conduct a festival	17573
described in division (D)(1)(c) of this section if the veteran's	17574
or fraternal organization already has leased the premises four	17575
times during the preceding year to charitable organizations for	17576
that purpose. If a charitable organization leases premises from a	17577
veteran's or fraternal organization to conduct a festival	17578
described in division (D)(1)(c) of this section, the charitable	17579
organization shall not pay a rental rate for the premises per day	17580
of the festival that exceeds the rental rate per bingo session	17581
that a charitable organization may pay under division (B)(1) of	17582
section 2915.09 of the Revised Code when it leases premises from	17583
another charitable organization to conduct bingo games.	17584

(d) All of the money or assets received from the games of	17585
chance after deduction only of prizes paid out during the conduct	17586
of the games of chance are used by, or given, donated, or	17587
otherwise transferred to, any organization that is described in	17588
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal	17589
Revenue Code and is either a governmental unit or an organization	17590
that is tax exempt under subsection 501(a) and described in	17591
subsection 501(c)(3) of the Internal Revenue Code;	17592

(e) The games of chance are not conducted during, or within	17593
ten hours of, a bingo game conducted for amusement purposes only	17594
pursuant to section 2915.12 of the Revised Code.	17595

No person shall receive any commission, wage, salary, reward,	17596
tip, donation, gratuity, or other form of compensation, directly	17597
or indirectly, for operating or assisting in the operation of any	17598
game of chance.	17599

(2) Any tag fishing tournament operated under a permit issued	17600
under section 1533.92 of the Revised Code, as "tag fishing	17601
tournament" is defined in section 1531.01 of the Revised Code;	17602

(3) Bingo conducted by a charitable organization that holds a	17603
license issued under section 2915.08 of the Revised Code.	17604

(E) Division (D) of this section shall not be construed to	17605
authorize the sale, lease, or other temporary or permanent	17606
transfer of the right to conduct games of chance, as granted by	17607
that division, by any charitable organization that is granted that	17608
right.	17609

(F) Whoever violates this section is guilty of gambling, a	17610
misdemeanor of the first degree. If the offender previously has	17611
been convicted of any gambling offense, gambling is a felony of	17612
the fifth degree.	17613

Sec. 2915.08.  (A)(1) Annually before the first day of	17614
January, a charitable organization that desires to conduct bingo,	17615
instant bingo at a bingo session, or instant bingo other than at a	17616
bingo session shall make out, upon a form to be furnished by the	17617
attorney general for that purpose, an application for a license to	17618
conduct bingo, instant bingo at a bingo session, or instant bingo	17619
other than at a bingo session and deliver that application to the	17620
attorney general together with a license fee as follows:	17621

(a) Except as otherwise provided in this division, for a	17622
license for the conduct of bingo, two hundred dollars;	17623

(b) For a license for the conduct of instant bingo at a bingo	17624
session or instant bingo other than at a bingo session for a	17625
charitiablecharitable organization that previously has not been	17626
licensed under this chapter to conduct instant bingo at a bingo	17627
session or instant bingo other than at a bingo session, a license	17628
fee of five hundred dollars, and for any other charitable	17629
organization, a license fee that is based upon the total of all	17630
money or assetsgross profits received by any person or the	17631
charitable organization from the operation of instant bingo at a	17632
bingo session or instant bingo other than at a bingo session,	17633
during the one-year period ending on the thirty-first day of	17634
October of the year immediately preceding the year for which the	17635
license is sought, and that is one of the following:	17636

(i) Five hundred dollars, if the total is fifty thousand	17637
dollars or less;	17638

(ii) One thousand two hundred fifty dollars, if the total is	17639
more than fifty thousand dollars but less than three hundred	17640
thousand one dollars;	17641

(iii) Two thousand two hundred fifty dollars, if the total is	17642
more than three hundred thousand dollars but less than six hundred	17643
thousand one dollars;	17644

(iv) Three thousand five hundred dollars, if the total is	17645
more than six hundred thousand dollars but less than one million	17646
one dollars;	17647

(v) Five thousand dollars, if the total is one million one	17648
dollars or more;	17649

(c) A reduced license fee established by the attorney general	17650
pursuant to division (G) of this section.	17651

(d) For a license to conduct bingo for a charitable	17652
organization that prior to the effective date of this amendment	17653
the effective date of this amendment has not been licensed under	17654
this chapter to conduct bingo, instant bingo at a bingo session,	17655
or instant bingo other than at a bingo session, a license fee	17656
established by rule by the attorney general in accordance with	17657
division (H) of this section.	17658

(2) The application shall be in the form prescribed by the	17659
attorney general, shall be signed and sworn to by the applicant,	17660
and shall contain all of the following:	17661

(a) The name and post-office address of the applicant;

17662

(b) A statement that the applicant is a charitable	17663
organization and that it has been in continuous existence as a	17664
charitable organization in this state for two years immediately	17665
preceding the making of the application or for five years in the	17666
case of a fraternal organization or a nonprofit medical	17667
organization;	17668

(c) The location at which the organization will conduct	17669
bingo, which location shall be within the county in which the	17670
principal place of business of the applicant is located, the days	17671
of the week and the times on each of those days when bingo will be	17672
conducted, whether the organization owns, leases, or subleases the	17673
premises, and a copy of the rental agreement if it leases or	17674
subleases the premises;	17675

(d) A statement of the applicant's previous history, record,	17676
and association that is sufficient to establish that the applicant	17677
is a charitable organization, and a copy of a determination letter	17678
that is issued by the Internal Revenue Service and states that the	17679
organization is tax exempt under subsection 501(a) and described	17680
in subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or	17681
501(c)(19) of the Internal Revenue Code;	17682

(e) A statement as to whether the applicant has ever had any	17683
previous application refused, whether it previously has had a	17684
license revoked or suspended, and the reason stated by the	17685
attorney general for the refusal, revocation, or suspension;	17686

(f) A statement of the charitable purposes for which the net	17687
profit derived from bingo, other than instant bingo, will be used,	17688
and a statement of how the net profit derived from instant bingo	17689
will be distributed in accordance with section 2915.101 of the	17690
Revised Code;	17691

(g) Other necessary and reasonable information that the	17692
attorney general may require by rule adopted pursuant to section	17693
111.15 of the Revised Code;	17694

(h) If the applicant is a charitable trust as defined in	17695
section 109.23 of the Revised Code, a statement as to whether it	17696
has registered with the attorney general pursuant to section	17697
109.26 of the Revised Code or filed annual reports pursuant to	17698
section 109.31 of the Revised Code, and, if it is not required to	17699
do either, the exemption in section 109.26 or 109.31 of the	17700
Revised Code that applies to it;	17701

(i) If the applicant is a charitable organization as defined	17702
in section 1716.01 of the Revised Code, a statement as to whether	17703
it has filed with the attorney general a registration statement	17704
pursuant to section 1716.02 of the Revised Code and a financial	17705
report pursuant to section 1716.04 of the Revised Code, and, if it	17706
is not required to do both, the exemption in section 1716.03 of	17707
the Revised Code that applies to it;	17708

(j) In the case of an applicant seeking to qualify as a youth	17709
athletic park organization, a statement issued by a board or body	17710
vested with authority under Chapter 755. of the Revised Code for	17711
the supervision and maintenance of recreation facilities in the	17712
territory in which the organization is located, certifying that	17713
the playing fields owned by the organization were used for at	17714
least one hundred days during the year in which the statement is	17715
issued, and were open for use to all residents of that territory,	17716
regardless of race, color, creed, religion, sex, or national	17717
origin, for athletic activities by youth athletic organizations	17718
that do not discriminate on the basis of race, color, creed,	17719
religion, sex, or national origin, and that the fields were not	17720
used for any profit-making activity at any time during the year.	17721
That type of board or body is authorized to issue the statement	17722
upon request and shall issue the statement if it finds that the	17723
applicant's playing fields were so used.	17724

(3) The attorney general, within thirty days after receiving	17725
a timely filed application from a charitable organization that has	17726
been issued a license under this section that has not expired and	17727
has not been revoked or suspended, shall send a temporary permit	17728
to the applicant specifying the date on which the application was	17729
filed with the attorney general and stating that, pursuant to	17730
section 119.06 of the Revised Code, the applicant may continue to	17731
conduct bingo until a new license is granted or, if the	17732
application is rejected, until fifteen days after notice of the	17733
rejection is mailed to the applicant. The temporary permit does	17734
not affect the validity of the applicant's application and does	17735
not grant any rights to the applicant except those rights	17736
specifically granted in section 119.06 of the Revised Code. The	17737
issuance of a temporary permit by the attorney general pursuant to	17738
this division does not prohibit the attorney general from	17739
rejecting the applicant's application because of acts that the	17740
applicant committed, or actions that the applicant failed to take,	17741
before or after the issuance of the temporary permit.	17742

(4) Within thirty days after receiving an initial license	17743
application from a charitable organization to conduct bingo,	17744
instant bingo at a bingo session, or instant bingo other than at a	17745
bingo session, the attorney general shall conduct a preliminary	17746
review of the application and notify the applicant regarding any	17747
deficiencies. Once an application is deemed complete, or beginning	17748
on the thirtieth day after the application is filed, if the	17749
attorney general failed to notify the applicant of any	17750
deficiencies, the attorney general shall have an additional sixty	17751
days to conduct an investigation and either grant or deny the	17752
application based on findings established and communicated in	17753
accordance with divisions (B) and (E) of this section. As an	17754
option to granting or denying an initial license application, the	17755
attorney general may grant a temporary license and request	17756
additional time to conduct the investigation if the attorney	17757
general has cause to believe that additional time is necessary to	17758
complete the investigation and has notified the applicant in	17759
writing about the specific concerns raised during the	17760
investigation.	17761

(B)(1) The attorney general shall adopt rules to enforce	17762
sections 2915.01, 2915.02, and 2915.07 to 2915.13 of the Revised	17763
Code to ensure that bingo or instant bingo is conducted in	17764
accordance with those sections and to maintain proper control over	17765
the conduct of bingo or instant bingo. The rules, except rules	17766
adopted pursuant to divisions (A)(2)(g) and (G) of this section,	17767
shall be adopted pursuant to Chapter 119. of the Revised Code. The	17768
attorney general shall license charitable organizations to conduct	17769
bingo, instant bingo at a bingo session, or instant bingo other	17770
than at a bingo session in conformance with this chapter and with	17771
the licensing provisions of Chapter 119. of the Revised Code.	17772

(2) The attorney general may refuse to grant a license to any	17773
organization, or revoke or suspend the license of any	17774
organization, that does any of the following or to which any of	17775
the following applies:	17776

(a) Fails or has failed at any time to meet any requirement	17777
of section 109.26, 109.31, or 1716.02, or sections 2915.07 to	17778
2915.11 of the Revised Code, or violates or has violated any	17779
provision of sections 2915.02 or 2915.07 to 2915.13 of the Revised	17780
Code or any rule adopted by the attorney general pursuant to this	17781
section;	17782

(b) Makes or has made an incorrect or false statement that is	17783
material to the granting of the license in an application filed	17784
pursuant to division (A) of this section;	17785

(c) Submits or has submitted any incorrect or false	17786
information relating to an application if the information is	17787
material to the granting of the license;	17788

(d) Maintains or has maintained any incorrect or false	17789
information that is material to the granting of the license in the	17790
records required to be kept pursuant to divisions (A) and (C) of	17791
section 2915.10 of the Revised Code, if applicable;	17792

(e) The attorney general has good cause to believe that the	17793
organization will not conduct bingo, instant bingo at a bingo	17794
session, or instant bingo other than at a bingo session in	17795
accordance with sections 2915.07 to 2915.13 of the Revised Code or	17796
with any rule adopted by the attorney general pursuant to this	17797
section.	17798

(3) For the purposes of division (B) of this section, any	17799
action of an officer, trustee, agent, representative, or bingo	17800
game operator of an organization is an action of the organization.	17801

(C) The attorney general may grant licenses to charitable	17802
organizations that are branches, lodges, or chapters of national	17803
charitable organizations.	17804

(D) The attorney general shall send notice in writing to the	17805
prosecuting attorney and sheriff of the county in which the	17806
organization will conduct bingo, instant bingo at a bingo session,	17807
or instant bingo other than at a bingo session, as stated in its	17808
application for a license or amended license, and to any other law	17809
enforcement agency in that county that so requests, of all of the	17810
following:	17811

(1) The issuance of the license;

17812

(2) The issuance of the amended license;

17813

(3) The rejection of an application for and refusal to grant	17814
a license;	17815

(4) The revocation of any license previously issued;

17816

(5) The suspension of any license previously issued.

17817

(E) A license issued by the attorney general shall set forth	17818
the information contained on the application of the charitable	17819
organization that the attorney general determines is relevant,	17820
including, but not limited to, the location at which the	17821
organization will conduct bingo, instant bingo at a bingo session,	17822
or instant bingo other than at a bingo session and the days of the	17823
week and the times on each of those days when bingo will be	17824
conducted. If the attorney general refuses to grant or revokes or	17825
suspends a license, the attorney general shall notify the	17826
applicant in writing and specifically identify the reason for the	17827
refusal, revocation, or suspension in narrative form and, if	17828
applicable, by identifying the section of the Revised Code	17829
violated. The failure of the attorney general to give the written	17830
notice of the reasons for the refusal, revocation, or suspension	17831
or a mistake in the written notice does not affect the validity of	17832
the attorney general's refusal to grant, or the revocation or	17833
suspension of, a license. If the attorney general fails to give	17834
the written notice or if there is a mistake in the written notice,	17835
the applicant may bring an action to compel the attorney general	17836
to comply with this division or to correct the mistake, but the	17837
attorney general's order refusing to grant, or revoking or	17838
suspending, a license shall not be enjoined during the pendency of	17839
the action.	17840

(F) A charitable organization that has been issued a license	17841
pursuant to division (B) of this section but that cannot conduct	17842
bingo or instant bingo at the location, or on the day of the week	17843
or at the time, specified on the license due to circumstances that	17844
make it impractical to do so may apply in writing, together with	17845
an application fee of two hundred fifty dollars, to the attorney	17846
general, at least thirty days prior to a change in location, day	17847
of the week, or time, and request an amended license. The	17848
application shall describe the causes making it impractical for	17849
the organization to conduct bingo or instant bingo in conformity	17850
with its license and shall indicate the location, days of the	17851
week, and times on each of those days when it desires to conduct	17852
bingo or instant bingo. Except as otherwise provided in this	17853
division, the attorney general shall issue the amended license in	17854
accordance with division (E) of this section, and the organization	17855
shall surrender its original license to the attorney general. The	17856
attorney general may refuse to grant an amended license according	17857
to the terms of division (B) of this section.	17858

(G) The attorney general, by rule adopted pursuant to section	17859
111.15 of the Revised Code, shall establish a schedule of reduced	17860
license fees for charitable organizations that desire to conduct	17861
bingo or instant bingo during fewer than twenty-six weeks in any	17862
calendar year.	17863

(H) The attorney general, by rule adopted pursuant to section	17864
111.15 of the Revised Code, shall establish license fees for the	17865
conduct of bingo, instant bingo at a bingo session, or instant	17866
bingo other than at a bingo session for charitable organizations	17867
that prior to the effective date of this amendmentthe effective	17868
date of this amendment have not been licensed to conduct bingo,	17869
instant bingo at a bingo session, or instant bingo other than at a	17870
bingo session under this chapter.	17871

(I) The attorney general may enter into a written contract	17872
with any other state agency to delegate to that state agency the	17873
powers prescribed to the attorney general under Chapter 2915. of	17874
the Revised Code.	17875

(J) The attorney general, by rule adopted pursuant to section	17876
111.15 of the Revised Code, may adopt rules to determine the	17877
requirements for a charitable organization that is exempt from	17878
federal income taxation under subsection 501(a) and described in	17879
subsection 501(c)(3) of the Internal Revenue Code to be in good	17880
standing in the state.	17881

Sec. 2915.09.  (A) No charitable organization that conducts	17882
bingo shall fail to do any of the following:	17883

(1) Own all of the equipment used to conduct bingo or lease	17884
that equipment from a charitable organization that is licensed to	17885
conduct bingo for a rental rate that is not more than is customary	17886
and reasonable for that equipment;	17887

(2) UseExcept as otherwise provided in division (A)(3) of	17888
this section, use all of the gross receipts from bingo for paying	17889
prizes, for renting premises in which to conduct bingo, for	17890
purchasing or leasing bingo supplies used in conducting bingo, for	17891
hiring security personnel, for advertising bingo, or for other	17892
expenses listed in division (LL) of section 2915.01 of the Revised	17893
Code, provided that the amount of the receipts so spent is not	17894
more than is customary and reasonable for a similar purchase,	17895
lease, hiring, advertising, or expense. If the building in which	17896
bingo is conducted is owned by the charitable organization	17897
conducting bingo and the bingo conducted includes a form of bingo	17898
described in division (S)(1) of section 2915.01 of the Revised	17899
Code, the charitable organization may deduct from the total amount	17900
of the gross receipts from each session a sum equal to the lesser	17901
of six hundred dollars or forty-five per cent of the gross	17902
receipts from the bingo described in that division as	17903
consideration for the use of the premises.	17904

(3) Use, or give, donate, or otherwise transfer, all of the	17905
net profit derived from bingo, other than instant bingo, for a	17906
charitable purpose listed in its license application and described	17907
in division (Z) of section 2915.01 of the Revised Code, or	17908
distribute all of the net profit derived from instant bingofrom	17909
the proceeds of the sale of instant bingo as stated in its license	17910
application and in accordance with section 2915.101 of the Revised	17911
Code.	17912

(B) No charitable organization that conducts a bingo game	17913
described in division (S)(1) of section 2915.01 of the Revised	17914
Code shall fail to do any of the following:	17915

(1) Conduct the bingo game on premises that are owned by the	17916
charitable organization, on premises that are owned by another	17917
charitable organization and leased from that charitable	17918
organization for a rental rate not in excess of the lesser of six	17919
hundred dollars per bingo session or forty-five per cent of the	17920
gross receipts of the bingo session, on premises that are leased	17921
from a person other than a charitable organization for a rental	17922
rate that is not more than is customary and reasonable for	17923
premises that are similar in location, size, and quality but not	17924
in excess of four hundred fifty dollars per bingo session, or on	17925
premises that are owned by a person other than a charitable	17926
organization, that are leased from that person by another	17927
charitable organization, and that are subleased from that other	17928
charitable organization by the charitable organization for a	17929
rental rate not in excess of four hundred fifty dollars per bingo	17930
session. If the charitable organization leases from a person other	17931
than a charitable organization the premises on which it conducts	17932
bingo sessions, the lessor of the premises shall provide only the	17933
premises to the organization and shall not provide the	17934
organization with bingo game operators, security personnel,	17935
concessions or concession operators, bingo supplies, or any other	17936
type of service or equipment. A charitable organization shall not	17937
lease or sublease premises that it owns or leases to more than one	17938
other charitable organization per calendar week for the purpose of	17939
conducting bingo sessions on the premises. A person that is not a	17940
charitable organization shall not lease premises that it owns,	17941
leases, or otherwise is empowered to lease to more than one	17942
charitable organization per calendar week for conducting bingo	17943
sessions on the premises. In no case shall more than two bingo	17944
sessions be conducted on any premises in any calendar week.	17945

(2) Display its license conspicuously at the premises where	17946
the bingo session is conducted;	17947

(3) Conduct the bingo session in accordance with the	17948
definition of bingo set forth in division (S)(1) of section	17949
2915.01 of the Revised Code.	17950

(C) No charitable organization that conducts a bingo game	17951
described in division (S)(1) of section 2915.01 of the Revised	17952
Code shall do any of the following:	17953

(1) Pay any compensation to a bingo game operator for	17954
operating a bingo session that is conducted by the charitable	17955
organization or for preparing, selling, or serving food or	17956
beverages at the site of the bingo session, permit any auxiliary	17957
unit or society of the charitable organization to pay compensation	17958
to any bingo game operator who prepares, sells, or serves food or	17959
beverages at a bingo session conducted by the charitable	17960
organization, or permit any auxiliary unit or society of the	17961
charitable organization to prepare, sell, or serve food or	17962
beverages at a bingo session conducted by the charitable	17963
organization, if the auxiliary unit or society pays any	17964
compensation to the bingo game operators who prepare, sell, or	17965
serve the food or beverages;	17966

(2) Pay consulting fees to any person for any services	17967
performed in relation to the bingo session;	17968

(3) Pay concession fees to any person who provides	17969
refreshments to the participants in the bingo session;	17970

(4) Except as otherwise provided in division (C)(4) of this	17971
section, conduct more than two bingo sessions in any seven-day	17972
period. A volunteer firefighter's organization or a volunteer	17973
rescue service organization that conducts not more than five bingo	17974
sessions in a calendar year may conduct more than two bingo	17975
sessions in a seven-day period after notifying the attorney	17976
general when it will conduct the sessions.	17977

(5) Pay out more than three thousand five hundred dollars in	17978
prizes during any bingo session that is conducted by the	17979
charitable organization;. "Prizes" does not include awards from	17980
the conduct of instant bingo.	17981

(6) Conduct a bingo session at any time during the ten-hour	17982
period between midnight and ten a.m., at any time during, or	17983
within ten hours of, a bingo game conducted for amusement only	17984
pursuant to section 2915.12 of the Revised Code, at any premises	17985
not specified on its license, or on any day of the week or during	17986
any time period not specified on its license. If circumstances	17987
make it impractical for the charitable organization to conduct a	17988
bingo session at the premises, or on the day of the week or at the	17989
time, specified on its license or if a charitable organization	17990
wants to conduct bingo sessions on a day of the week or at a time	17991
other than the day or time specified on its license, the	17992
charitable organization may apply in writing to the attorney	17993
general for an amended license pursuant to division (F) of section	17994
2915.08 of the Revised Code. A charitable organization may apply	17995
twice in each calendar year for an amended license to conduct	17996
bingo sessions on a day of the week or at a time other than the	17997
day or time specified on its license. If the amended license is	17998
granted, the organization may conduct bingo sessions at the	17999
premises, on the day of the week, and at the time specified on its	18000
amended license.	18001

(7) Permit any person whom the charitable organization knows,	18002
or should have known, is under the age of eighteen to work as a	18003
bingo game operator;	18004

(8) Permit any person whom the charitable organization knows,	18005
or should have known, has been convicted of a felony or gambling	18006
offense in any jurisdiction to be a bingo game operator;	18007

(9) Permit the lessor of the premises on which the bingo	18008
session is conducted, if the lessor is not a charitable	18009
organization, to provide the charitable organization with bingo	18010
game operators, security personnel, concessions, bingo supplies,	18011
or any other type of service or equipment;	18012

(10) Purchase or lease bingo supplies from any person except	18013
a distributor issued a license under section 2915.081 of the	18014
Revised Code;	18015

(11)(a) Use or permit the use of electronic bingo aids except	18016
under the following circumstances:	18017

(i) For any single participant, not more than ninety bingo	18018
faces can be played using an electronic bingo aid or aids.	18019

(ii) The charitable organization shall provide a participant	18020
using an electronic bingo aid with corresponding paper bingo cards	18021
or sheets.	18022

(iii) The total price of bingo faces played with an	18023
electronic bingo aid shall be equal to the total price of the same	18024
number of bingo faces played with a paper bingo card or sheet sold	18025
at the same bingo session but without an electronic bingo aid.	18026

(iv) An electronic bingo aid cannot be part of an electronic	18027
network other than a network that includes only bingo aids and	18028
devices that are located on the premises at which the bingo is	18029
being conducted or be interactive with any device not located on	18030
the premises at which the bingo is being conducted.	18031

(v) An electronic bingo aid cannot be used to participate in	18032
bingo that is conducted at a location other than the location at	18033
which the bingo session is conducted and at which the electronic	18034
bingo aid is used.	18035

(vi) An electronic bingo aid cannot be used to provide for	18036
the input of numbers and letters announced by a bingo caller other	18037
than the bingo caller who physically calls the numbers and letters	18038
at the location at which the bingo session is conducted and at	18039
which the electronic bingo aid is used.	18040

(b) The attorney general may adopt rules in accordance with	18041
Chapter 119. of the Revised Code that govern the use of electronic	18042
bingo aids. The rules may include a requirement that an electronic	18043
bingo aid be capable of being audited by the attorney general to	18044
verify the number of bingo cards or sheets played during each	18045
bingo session.	18046

(12) Permit any person the charitable organization knows, or	18047
should have known, to be under eighteen years of age to play bingo	18048
described in division (S)(1) of section 2915.01 of the Revised	18049
Code.	18050

(D)(1) Except as otherwise provided in this division (D)(3)	18051
of this section, no charitable organization shall provide to a	18052
bingo game operator, and no bingo game operator shall receive or	18053
accept, any commission, wage, salary, reward, tip, donation,	18054
gratuity, or other form of compensation, directly or indirectly,	18055
regardless of the source, for conducting bingo or providing other	18056
work or labor at the site of bingo during a bingo session. This	18057

(2) Except as otherwise provided in division (D)(3) of this	18058
section, no charitable organization shall provide to a bingo game	18059
operator any commission, wage, salary, reward, tip, donation,	18060
gratuity, or other form of compensation, directly or indirectly,	18061
regardless of the source, for conducting instant bingo other than	18062
at a bingo session at the site of instant bingo other than at a	18063
bingo session.	18064

(3) Nothing in division does not prohibit(D) of this section	18065
prohibits an employee of a fraternal organization or veteran's	18066
organization from selling instant bingo tickets or cards to the	18067
organization's members or invited guests, as long as no portion of	18068
the employee's compensation is paid from any receipts of bingo.	18069

(E) Notwithstanding division (B)(1) of this section, a	18070
charitable organization that, prior to December 6, 1977, has	18071
entered into written agreements for the lease of premises it owns	18072
to another charitable organization or other charitable	18073
organizations for the conducting of bingo sessions so that more	18074
than two bingo sessions are conducted per calendar week on the	18075
premises, and a person that is not a charitable organization and	18076
that, prior to December 6, 1977, has entered into written	18077
agreements for the lease of premises it owns to charitable	18078
organizations for the conducting of more than two bingo sessions	18079
per calendar week on the premises, may continue to lease the	18080
premises to those charitable organizations, provided that no more	18081
than four sessions are conducted per calendar week, that the	18082
lessor organization or person has notified the attorney general in	18083
writing of the organizations that will conduct the sessions and	18084
the days of the week and the times of the day on which the	18085
sessions will be conducted, that the initial lease entered into	18086
with each organization that will conduct the sessions was filed	18087
with the attorney general prior to December 6, 1977, and that each	18088
organization that will conduct the sessions was issued a license	18089
to conduct bingo games by the attorney general prior to December	18090
6, 1977.	18091

(F) Whoever violates division (A)(2) of this section is	18092
guilty of illegally conducting a bingo game, a felony of the	18093
fourth degree. Except as otherwise provided in this division,	18094
whoever violates division (A)(1) or (3), (B)(1), (2), or (3),	18095
(C)(1) to (12), or (D) of this section is guilty of a minor	18096
misdemeanor. If the offender previously has been convicted of a	18097
violation of division (A)(1) or (3), (B)(1), (2), or (3), (C)(1)	18098
to (11), or, (D) of this section, a violation of division (A)(1)	18099
or (3), (B)(1), (2), or (3), (C), or (D) of this section is a	18100
misdemeanor of the first degree. Whoever violates division (C)(12)	18101
of this section is guilty of a misdemeanor of the first degree, if	18102
the offender previously has been convicted of a violation of	18103
division (C)(12) of this section, a felony of the fourth degree.	18104

Sec. 2915.091.  (A) No charitable organization that conducts	18105
instant bingo shall do any of the following:	18106

(1) Fail to comply with the requirements of divisions (A)(1),	18107
(2), and (3) of section 2915.09 of the Revised Code;	18108

(2) Conduct instant bingo unless either of the following	18109
apply:	18110

(a) That organization is, and has received from the internal	18111
revenue service a determination letter that is currently in effect	18112
stating that the organization is, exempt from federal income	18113
taxation under subsection 501(a), is described in subsection	18114
501(c)(3) of the Internal Revenue Code, is a charitable	18115
organization as defined in section 2915.01 of the Revised Code, is	18116
in good standing in the state pursuant to section 2915.08 of the	18117
Revised Code, and is in compliance with Chapter 1716. of the	18118
Revised Code;	18119

(b) That organization is, and has received from the internal	18120
revenue service a determination letter that is currently in effect	18121
stating that the organization is, exempt from federal income	18122
taxation under subsection 501(a), is described in subsection	18123
501(c)(8), 501(c)(10), or 501(c)(19) or is a veteran's	18124
organization described in subsection 501(c)(4) of the Internal	18125
Revenue Code, and conducts instant bingo under section 2915.13 of	18126
the Revised Code.	18127

(3) Conduct instant bingo on any day, at any time, or at any	18128
premises not specified on the organization's license issued	18129
pursuant to section 2915.08 of the Revised Code;	18130

(4) Permit any person whom the organization knows or should	18131
have known has been convicted of a felony or gambling offense in	18132
any jurisdiction to be a bingo game operator in the conduct of	18133
instant bingo;	18134

(5) Purchase or lease supplies used to conduct instant bingo	18135
or punch board games from any person except a distributor licensed	18136
under section 2915.081 of the Revised Code;	18137

(6) Sell or provide any instant bingo ticket or card for a	18138
price different from the price printed on it by the manufacturer	18139
on either the instant bingo ticket or card or on the game flare;	18140

(7) Sell an instant bingo ticket or card to a person under	18141
eighteen years of age;	18142

(8) Fail to keep unsold instant bingo tickets or cards for	18143
less than three years;	18144

(9) Pay any compensation to a bingo game operator for	18145
conducting instant bingo that is conducted by the organization or	18146
for preparing, selling, or serving food or beverages at the site	18147
of the instant bingo game, permit any auxiliary unit or society of	18148
the organization to pay compensation to any bingo game operator	18149
who prepares, sells, or serves food or beverages at an instant	18150
bingo game conducted by the organization, or permit any auxiliary	18151
unit or society of the organization to prepare, sell, or serve	18152
food or beverages at an instant bingo game conducted by the	18153
organization, if the auxiliary unit or society pays any	18154
compensation to the bingo game operators who prepare, sell, or	18155
serve the food or beverages;	18156

(10) Pay fees to any person for any services performed in	18157
relation to an instant bingo game;	18158

(11) Pay fees to any person who provides refreshments to the	18159
participants in an instant bingo game;	18160

(12) Allow instant bingo tickets or cards to be sold to bingo	18161
game operators who are performing work or labor at a premises at	18162
which the organization sells instant bingo tickets or cards or to	18163
be sold to employees of a D permit holder who are working at a	18164
premises at which instant bingo tickets or cards are sold on	18165
behalf of the organization as described in division (B) of section	18166
4301.03 of the Revised Code;	18167

(13) Fail to display its bingo license, and the serial	18168
numbers of the deal of instant bingo tickets or cards to be sold,	18169
conspicuously at each premises at which it sells instant bingo	18170
tickets or cards;	18171

(14) Possess a deal of instant bingo tickets or cards that	18172
was not purchased from a distributor licensed under section	18173
2915.081 of the Revised Code as reflected on an invoice issued by	18174
the distributor that contains all of the information required by	18175
division (E) of section 2915.10 of the Revised Code;	18176

(15) Fail, once it opens a deal of instant bingo tickets or	18177
cards, to continue to sell the tickets or cards in that deal until	18178
the tickets or cards with the top two highest tiers of prizes in	18179
that deal are sold;	18180

(16) Purchase, lease, or use instant bingo ticket dispensers	18181
to sell instant bingo tickets or cards;	18182

(17) Possess bingo supplies that were not obtained in	18183
accordance with sections 2915.01 to 2915.13 of the Revised Code.	18184

(B) A charitable organization may conduct instant bingo other	18185
than at a bingo session at not more than five separate locations.	18186
A charitable organization that is exempt from federal taxation	18187
under subsection 501(a) and described in subsection 501(c)(3) of	18188
the Internal Revenue Code and that is created by a veteran's	18189
organization or a fraternal organization is not limited in the	18190
number of separate locations the charitable organization may	18191
conduct instant bingo other than at a bingo session.	18192

(C) The attorney general may adopt rules in accordance with	18193
Chapter 119. of the Revised Code that govern the conduct of	18194
instant bingo by charitable organizations. Before those rules are	18195
adopted, the attorney general shall reference the recommended	18196
standards for opacity, randomization, minimum information, winner	18197
protection, color, and cutting for instant bingo tickets or cards,	18198
seal cards, and punch boards established by the North American	18199
gaming regulators association.	18200

(D) Whoever violates division (A) of this section or a rule	18201
adopted under division (B) of this section is guilty of illegal	18202
instant bingo conduct. Except as otherwise provided in this	18203
division, illegal instant bingo conduct is a misdemeanor of the	18204
first degree. If the offender previously has been convicted of a	18205
violation of division (A) of this section or of such a rule,	18206
illegal instant bingo conduct is a felony of the fifth degree.	18207

Sec. 2915.092.  (A) A charitable organization may conduct a	18208
raffle to raise money for the charitable organization and does not	18209
need a license to conduct bingo in order to conduct a raffle	18210
drawing.	18211

(B)(1) No charitable organization shall conduct a raffle	18212
unless theeither of the following applies:	18213

(a) The organization is, and has received from the internal	18214
revenue service a determination letter that is currently in effect	18215
stating that the organization is, exempt from federal income	18216
taxation under subsection 501(a) and is described in subsection	18217
501(c)(3) or 501(c)(4) of the Internal Revenue Code.	18218

(b) The organization is a veteran's organization or a	18219
fraternal organization that is exempt from federal income taxation	18220
under subsection 501(a) and is described in subsection 501(c)(8),	18221
501(c)(10), or 501(c)(19) of the Internal Revenue Code.	18222

(2) NoExcept as otherwise provided in divisions (E) and (F)	18223
of this section, no charitable organization shall conduct more	18224
than thirty-six raffles during a calendar year.	18225

(3) No person shall be compensated directly or indirectly for	18226
assisting in the conduct or operation of a raffle.	18227

(C) No raffle drawing shall be conducted on premises other	18228
than premises that a charitable organization uses for its	18229
charitable programs.	18230

(D) No person shall fail to use, or give, donate, or	18231
otherwise transfer, the net profit from a raffle for a charitable	18232
purpose described in division (Z) of section 2915.01 of the	18233
Revised Code.	18234

(E) A statewide charitable organization that is exempt from	18235
federal income taxation under subsection 501(a) and is described	18236
in subsection 501(c)(3) of the Internal Revenue Code and that has	18237
local or regional offices may conduct no more than thirty-six	18238
raffles in each county during a calendar year.	18239

(F) A charitable organization that is licensed to conduct	18240
bingo, instant bingo at a bingo session, or instant bingo other	18241
than at a bingo session may conduct a raffle that is not for	18242
profit, provided that the organization does not receive any	18243
proceeds from the raffle and provided that the organization	18244
conducts the raffle at the same location and on the same days of	18245
the week and times as is provided in the organization's license to	18246
conduct bingo, instant bingo at a bingo session, or instant bingo	18247
other than at a bingo session.	18248

(G) Whoever violates division (B), (C), or (D), (E), or (F)	18249
of this section is guilty of illegal conduct of a raffle. Except	18250
as otherwise provided in this division, illegal conduct of a	18251
raffle is a misdemeanor of the first degree. If the offender	18252
previously has been convicted of a violation of division (B), (C),	18253
or (D), (E), or (F) of this section, illegal conduct of a raffle	18254
is a felony of the fifth degree.	18255

Sec. 2915.093. (A) As used in this section, "retail income	18256
from all commercial activity" includes the sale of instant bingo	18257
tickets.	18258

(B) A charitable instant bingo organization may conduct	18259
instant bingo other than at a bingo session at not more than five	18260
separate locations.	18261

(C)(1) If a charitable instant bingo organization conducts	18262
instant bingo other than at a bingo session, the charitable	18263
instant bingo organization shall enter into a written contract	18264
with the owner or lessor of the location at which the instant	18265
bingo is conducted to allow the owner or lessor to assist in the	18266
conduct of instant bingo other than at a bingo session, identify	18267
each location where the instant bingo other than at a bingo	18268
session is being conducted, and identify the owner or lessor of	18269
each location.	18270

(2) A charitable instant bingo organization that conducts	18271
instant bingo other than at a bingo session is not required to	18272
enter into a written contract with the owner or lessor of the	18273
location at which the instant bingo is conducted provided that the	18274
owner or lessor is not assisting in the conduct of the instant	18275
bingo other than at a bingo session and provided that the conduct	18276
of the instant bingo other than at a bingo session at that	18277
location is not more than five days per calendar year and not more	18278
than ten hours per day.	18279

(D) NoExcept as provided in division (G) of this section, no	18280
charitable instant bingo organization shall conduct instant bingo	18281
other than at a bingo session at a location where the primary	18282
source of retail income from all commercial activity at that	18283
location is the sale of instant bingo tickets.	18284

(E) The owner or lessor of a location that enters into a	18285
contract pursuant to division (C) of this section shall pay up	18286
front for the cost of the deal of instant bingo tickets and the	18287
gross profits that would be earned by the owner or lessor if all	18288
of the instant bingo tickets are sold. The owner or lessor may	18289
retain the money that the owner or lessor receives for selling the	18290
instant bingo tickets up to the amount that it paid to the	18291
charitable instant bingo organization. If the owner or lessor of	18292
the location earns any more money than the owner or lessor paid	18293
out in prizes or paid up front, the owner or lessor of the	18294
location shall pay that money to the charitable instant bingo	18295
organization.	18296

(F) A charitable instant bingo organization shall provide the	18297
attorney general with all of the following information:	18298

(1) That the charitable instant bingo organization has	18299
terminated a contract entered into pursuant to division (C) of	18300
this section with an owner or lessor of a location;	18301

(2) That the charitable instant bingo organization has	18302
entered into a written contract pursuant to division (C) of this	18303
section with a new owner or lessor of a location;	18304

(3) That the charitable instant bingo organization is aware	18305
of conduct by the owner or lessor of a location at which instant	18306
bingo is conducted that is in violation of Chapter 2915. of the	18307
Revised Code.	18308

(G) Division (D) of this section does not apply to a	18309
volunteer firefighter's organization that is exempt from federal	18310
income taxation under subsection 501(a) and described in	18311
subsection 501(c)(3) of the Internal Revenue Code, that conducts	18312
instant bingo other than at a bingo session on the premises where	18313
the organization conducts firefighter training, that has conducted	18314
instant bingo continuously for at least five years prior to the	18315
effective date of this amendment, and that, during each of those	18316
five years, had gross receipts of at least one million five	18317
hundred thousand dollars.	18318

Sec. 2915.10.  (A) No charitable organization that conducts	18319
bingo or a game of chance pursuant to division (D) of section	18320
2915.02 of the Revised Code shall fail to maintain the following	18321
records for at least three years from the date on which the bingo	18322
or game of chance is conducted:	18323

(1) An itemized list of the gross receipts of each bingo	18324
session, each game of instant bingo by serial number, each raffle,	18325
each punch board game, and each game of chance, and an itemized	18326
list of the gross profits of each game of instant bingo by serial	18327
number;	18328

(2) An itemized list of all expenses, other than prizes, that	18329
are incurred in conducting bingo or instant bingoas described in	18330
division (S)(1) of section 2915.01 of the Revised Code, the name	18331
of each person to whom the expenses are paid, and a receipt for	18332
all of the expenses;	18333

(3) A list of all prizes awarded during each bingo session,	18334
each raffle, each punch board game, and each game of chance	18335
conducted by the charitable organization, the total prizes awarded	18336
from each game of instant bingo by serial number, and the name,	18337
address, and social security number of all persons who are winners	18338
of prizes of six hundred dollars or more in value;	18339

(4) An itemized list of the recipients of the net profit of	18340
the bingo or game of chance, including the name and address of	18341
each recipient to whom the money is distributed, and if the	18342
organization uses the net profit of bingo, or the money or assets	18343
received from a game of chance, for any charitable or other	18344
purpose set forth in division (Z) of section 2915.01, division (D)	18345
of section 2915.02, or section 2915.101 of the Revised Code, a	18346
list of each purpose and an itemized list of each expenditure for	18347
each purpose;	18348

(5) The number of persons who participate in any bingo	18349
session or game of chance that is conducted by the charitable	18350
organization;	18351

(6) A list of receipts from the sale of food and beverages by	18352
the charitable organization or one of its auxiliary units or	18353
societies, if the receipts were excluded from gross receipts under	18354
division (X) of section 2915.01 of the Revised Code;	18355

(7) An itemized list of all expenses incurred at each bingo	18356
session, each raffle, each punch board game, or each game of	18357
instant bingo conducted by the charitable organization in the sale	18358
of food and beverages by the charitable organization or by an	18359
auxiliary unit or society of the charitable organization, the name	18360
of each person to whom the expenses are paid, and a receipt for	18361
all of the expenses.	18362

(B) A charitable organization shall keep the records that it	18363
is required to maintain pursuant to division (A) of this section	18364
at its principal place of business in this state or at its	18365
headquarters in this state and shall notify the attorney general	18366
of the location at which those records are kept.	18367

(C) The gross profit from each bingo session or game	18368
described in division (S)(1) or (2) of section 2915.01 of the	18369
Revised Code shall be deposited into a checking account devoted	18370
exclusively to the bingo session or game. Payments for allowable	18371
expenses incurred in conducting the bingo session or game and	18372
payments to recipients of some or all of the net profit of the	18373
bingo session or game shall be made only by checks drawn on the	18374
bingo session or game account.	18375

(D) Each charitable organization shall conduct and record an	18376
inventory of all of its bingo supplies as of the first day of	18377
November of each year.	18378

(E) The attorney general may adopt rules in accordance with	18379
Chapter 119. of the Revised Code that establish standards of	18380
accounting, record keeping, and reporting to ensure that gross	18381
receipts from bingo or games of chance are properly accounted for.	18382

(F) A distributor shall maintain, for a period of three years	18383
after the date of its sale or other provision, a record of each	18384
instance of its selling or otherwise providing to another person	18385
bingo supplies for use in this state. The record shall include all	18386
of the following for each instance:	18387

(1) The name of the manufacturer from which the distributor	18388
purchased the bingo supplies and the date of the purchase;	18389

(2) The name and address of the charitable organization or	18390
other distributor to which the bingo supplies were sold or	18391
otherwise provided;	18392

(3) A description that clearly identifies the bingo supplies;

18393

(4) Invoices that include the nonrepeating serial numbers of	18394
all paper bingo cards and sheets and all instant bingo deals sold	18395
or otherwise provided to each charitable organization.	18396

(G) A manufacturer shall maintain, for a period of three	18397
years after the date of its sale or other provision, a record of	18398
each instance of its selling or otherwise providing bingo supplies	18399
for use in this state. The record shall include all of the	18400
following for each instance:	18401

(1) The name and address of the distributor to whom the bingo	18402
supplies were sold or otherwise provided;	18403

(2) A description that clearly identifies the bingo supplies,	18404
including serial numbers;	18405

(3) Invoices that include the nonrepeating serial numbers of	18406
all paper bingo cards and sheets and all instant bingo deals sold	18407
or otherwise provided to each distributor.	18408

(H) The attorney general or any law enforcement agency may do	18409
all of the following:	18410

(1) Investigate any charitable organization or any officer,	18411
agent, trustee, member, or employee of the organization;	18412

(2) Examine the accounts and records of the organization;

18413

(3) Conduct inspections, audits, and observations of bingo or	18414
games of chance;	18415

(4) Conduct inspections of the premises where bingo or games	18416
of chance are conducted;	18417

(5) Take any other necessary and reasonable action to	18418
determine if a violation of any provision of sections 2915.01 to	18419
2915.13 of the Revised Code has occurred and to determine whether	18420
section 2915.11 of the Revised Code has been complied with.	18421

If any law enforcement agency has reasonable grounds to	18422
believe that a charitable organization or an officer, agent,	18423
trustee, member, or employee of the organization has violated any	18424
provision of this chapter, the law enforcement agency may proceed	18425
by action in the proper court to enforce this chapter, provided	18426
that the law enforcement agency shall give written notice to the	18427
attorney general when commencing an action as described in this	18428
division.	18429

(I) No person shall destroy, alter, conceal, withhold, or	18430
deny access to any accounts or records of a charitable	18431
organization that have been requested for examination, or	18432
obstruct, impede, or interfere with any inspection, audit, or	18433
observation of bingo or a game of chance or premises where bingo	18434
or a game of chance is conducted, or refuse to comply with any	18435
reasonable request of, or obstruct, impede, or interfere with any	18436
other reasonable action undertaken by, the attorney general or a	18437
law enforcement agency pursuant to division (H) of this section.	18438

(J) Whoever violates division (A) or (I) of this section is	18439
guilty of a misdemeanor of the first degree.	18440

Sec. 2915.101. Except as otherwise provided by law, a	18441
charitable organization that conducts instant bingo other than at	18442
a bingo session shall distribute the net profit from the proceeds	18443
of the sale of instant bingo as follows:	18444

(A)(1) If a veteran's organization or a fraternal	18445
organization conducted the instant bingo, the organization shall	18446
distribute the net profit from the proceeds of the sale of instant	18447
bingo, as follows:	18448

(a) A minimum of fifty per cent shall be distributed to an	18449
organization described in division (Z)(1) of section 2915.01 of	18450
the Revised Code or to a department or agency of the federal	18451
government, the state, or any political subdivision;	18452

(b) Fifteen per cent may be distributed for the	18453
organization's own charitable purposes.	18454

(c) Thirty-five per cent may be deducted and retained by the	18455
organization for the organization's expenses in conducting the	18456
instant bingo game.	18457

(2) If a veteran's organization or a fraternal organization	18458
does not distribute the full percentages specified in divisions	18459
(A)(1)(b) and (c) of this section for the purposes specified in	18460
those divisions, the organization shall distribute the balance of	18461
the net profit from the proceeds of the sale of instant bingo not	18462
distributed or retained for those purposes to an organization	18463
described in division (Z)(1) of section 2915.01 of the Revised	18464
Code.	18465

(3) A veteran's organization or a fraternal organization is	18466
not required to itemize the organization's expenses. A veteran's	18467
organization or a fraternal organization shall pay the expenses	18468
that are directly for the conduct of instant bingo by check from	18469
the checking account devoted exclusively to the bingo session or	18470
game and may deduct and retain the remainder of the thirty-five	18471
per cent of the net profit from the proceeds of the sale of	18472
instant bingo that is for the organization's expenses in	18473
conducting the instant bingo game and may transfer that remainder	18474
into the organization's general account.	18475

(B)(1) If a charitable organization other than a veteran's	18476
organization or a fraternal organization conducted the instant	18477
bingo, the organization shall distribute one hundred per cent of	18478
the net profit as follows:	18479

(a) A minimum of seventy per cent shall be distributedfrom	18480
the proceeds of the sale of instant bingo to an organization	18481
described in division (Z)(1) of section 2915.01 of the Revised	18482
Code or to a department or agency of the federal government, the	18483
state, or any political subdivision.	18484

(b) Thirty per cent may be deducted and retained by the	18485
organization for the organization's expenses in conducting the	18486
instant bingo game.	18487

(2) If a charitable organization does not retain the full	18488
percentage specified in division (B)(1)(b) of this section for the	18489
purposes specified in that division, the organization shall	18490
distribute the balance of the net profit not retained for that	18491
purpose to an organization described in division (Z)(1) of section	18492
2915.01 of the Revised Code.	18493

(3) A charitable organization other than a veteran's	18494
organization or fraternal organization is not required to itemize	18495
the charitable organization's expenses.	18496

Sec. 2915.13. (A) A veteran's organization or a fraternal	18497
organization authorized to conduct a bingo session pursuant to	18498
sections 2915.01 to 2915.12 of the Revised Code may conduct	18499
instant bingo other than at a bingo session if all of the	18500
following apply:	18501

(1) The veteran's organization or fraternal organization	18502
limits the sale of instant bingo to ten consecutive hours per day	18503
for up to six days per week.	18504

(2) The veteran's organization or fraternal organization	18505
limits the sale of instant bingo to its own premises and to its	18506
own members and invited guests.	18507

(3) The veteran's organization or fraternal organization is	18508
raising money for a charitablean organization that is described	18509
in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal	18510
Revenue Code and is either a governmental unit or a state	18511
organization that is exempt from federal income taxation under	18512
subsection 501(a) and described in subsection 501(c)(3) of the	18513
Internal Revenue Code that is in good standing in this state and	18514
executes a written contract with the charitablethat organization	18515
as required in division (B) of this section.	18516

(B) If a veteran's organization or fraternal organization	18517
authorized to conduct instant bingo pursuant to division (A) of	18518
this section is raising money for another charitable organization	18519
that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3)	18520
of the Internal Revenue Code and is either a governmental unit or	18521
a state organization that is exempt from federal income taxation	18522
under subsection 501(a) and described in subsection 501(c)(3) of	18523
the Internal Revenue Code that is in good standing in this state,	18524
the veteran's organization or fraternal organization shall execute	18525
a written contract with a charitablethe organization that is	18526
described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the	18527
Internal Revenue Code and is either a governmental unit or a state	18528
organization that is exempt from federal income taxation under	18529
subsection 501(a) and described in subsection 501(c)(3) of the	18530
Internal Revenue Code that is in good standing in this state in	18531
order to conduct instant bingo. That contract shall include a	18532
statement of the percentage of the net proceeds that the veteran's	18533
or fraternal organization will be distributing to the charitable	18534
organization that is described in subsection 509(a)(1), 509(a)(2),	18535
or 509(a)(3) of the Internal Revenue Code and is either a	18536
governmental unit or a state organization that is exempt from	18537
federal income taxation under subsection 501(a) and described in	18538
subsection 501(c)(3) of the Internal Revenue Code that is in good	18539
standing in this state.	18540

(C)(1) If a veteran's organization or fraternal organization	18541
authorized to conduct instant bingo pursuant to division (A) of	18542
this section has been issued a liquor permit under Chapter 4303.	18543
of the Revised Code, that permit may be subject to suspension,	18544
revocation, or cancellation if the veteran's organization or	18545
fraternal organization violates a provision of sections 2915.01 to	18546
2915.13 of the Revised Code.	18547

(2) No veteran's organization or fraternal organization that	18548
enters into a written contract pursuant to division (B) of this	18549
section shall violate any provision of Chapter 2915. of the	18550
Revised Code, or permit, aid, or abet any other person in	18551
violating any provision of Chapter 2915. of the Revised Code.	18552

(D) A veteran's organization or fraternal organization shall	18553
give all required proceeds earned from the conduct of instant	18554
bingo to the charitable organization with which the veteran's	18555
organization or fraternal organization has entered into a written	18556
contract.	18557

(E) Whoever violates this section is guilty of illegal	18558
instant bingo conduct. Except as otherwise provided in this	18559
division, illegal instant bingo conduct is a misdemeanor of the	18560
first degree. If the offender previously has been convicted of a	18561
violation of this section, illegal instant bingo conduct is a	18562
felony of the fifth degree.	18563

Sec. 2917.41.  (A) No person shall evade the payment of the	18564
known fares of a public transportation system.	18565

(B) No person shall alter any transfer, pass, ticket, or	18566
token of a public transportation system with the purpose of	18567
evading the payment of fares or of defrauding the system.	18568

(C) No person shall do any of the following while in any	18569
facility or on any vehicle of a public transportation system:	18570

(1) Play sound equipment without the proper use of a private	18571
earphone;	18572

(2) Smoke, eat, or drink in any area where the activity is	18573
clearly marked as being prohibited;	18574

(3) Expectorate upon a person, facility, or vehicle.

18575

(D) No person shall write, deface, draw, or otherwise mark on	18576
any facility or vehicle of a public transportation system.	18577

(E) No person shall fail to comply with a lawful order of a	18578
public transportation system police officer, and no person shall	18579
resist, obstruct, or abuse a public transportation police officer	18580
in the performance of the officer's duties.	18581

(F) Whoever violates this section is guilty of misconduct	18582
involving a public transportation system.	18583

(1) Violation of division (A), (B), or (E) of this section is	18584
a misdemeanor of the fourth degree.	18585

(2) Violation of division (B) of this section is a	18586
misdemeanor of the fourth degree.	18587

(3) Violation of division (C) or (E) of this section is a	18588
minor misdemeanor on a first offense. If a person previously has	18589
been convicted of or pleaded guilty to a violation of any division	18590
of this section or of a municipal ordinance that is substantially	18591
similar to any division of this section, violation of division (C)	18592
of this section is a misdemeanor of the fourth degree.	18593

(4)(3) Violation of division (D) of this section is a	18594
misdemeanor of the third degree.	18595

(G) Notwithstanding any other provision of law, seventy-five	18596
per cent of each fine paid to satisfy a sentence imposed for a	18597
violation of this section shall be deposited into the treasury of	18598
the county in which the violation occurred and twenty-five per	18599
cent shall be deposited with the county transit board, regional	18600
transit authority, or regional transit commission that operates	18601
the public transportation system involved in the violation, unless	18602
the board of county commissioners operates the public	18603
transportation system, in which case one hundred per cent of each	18604
fine shall be deposited into the treasury of the county.	18605

(H) As used in this section, "public transportation system"	18606
means a county transit system operated in accordance with sections	18607
306.01 to 306.13 of the Revised Code, a regional transit authority	18608
operated in accordance with sections 306.30 to 306.71 of the	18609
Revised Code, or a regional transit commission operated in	18610
accordance with sections 306.80 to 306.90 of the Revised Code.	18611

Sec. 2921.13.  (A) No person shall knowingly make a false	18612
statement, or knowingly swear or affirm the truth of a false	18613
statement previously made, when any of the following applies:	18614

(1) The statement is made in any official proceeding.

18615

(2) The statement is made with purpose to incriminate	18616
another.	18617

(3) The statement is made with purpose to mislead a public	18618
official in performing the public official's official function.	18619

(4) The statement is made with purpose to secure the payment	18620
of unemployment compensation; Ohio works first; prevention,	18621
retention, and contingency benefits and services; disability	18622
financial assistance; retirement benefits; economic development	18623
assistance, as defined in section 9.66 of the Revised Code; or	18624
other benefits administered by a governmental agency or paid out	18625
of a public treasury.	18626

(5) The statement is made with purpose to secure the issuance	18627
by a governmental agency of a license, permit, authorization,	18628
certificate, registration, release, or provider agreement.	18629

(6) The statement is sworn or affirmed before a notary public	18630
or another person empowered to administer oaths.	18631

(7) The statement is in writing on or in connection with a	18632
report or return that is required or authorized by law.	18633

(8) The statement is in writing and is made with purpose to	18634
induce another to extend credit to or employ the offender, to	18635
confer any degree, diploma, certificate of attainment, award of	18636
excellence, or honor on the offender, or to extend to or bestow	18637
upon the offender any other valuable benefit or distinction, when	18638
the person to whom the statement is directed relies upon it to	18639
that person's detriment.	18640

(9) The statement is made with purpose to commit or	18641
facilitate the commission of a theft offense.	18642

(10) The statement is knowingly made to a probate court in	18643
connection with any action, proceeding, or other matter within its	18644
jurisdiction, either orally or in a written document, including,	18645
but not limited to, an application, petition, complaint, or other	18646
pleading, or an inventory, account, or report.	18647

(11) The statement is made on an account, form, record,	18648
stamp, label, or other writing that is required by law.	18649

(12) The statement is made in connection with the purchase of	18650
a firearm, as defined in section 2923.11 of the Revised Code, and	18651
in conjunction with the furnishing to the seller of the firearm of	18652
a fictitious or altered driver's or commercial driver's license or	18653
permit, a fictitious or altered identification card, or any other	18654
document that contains false information about the purchaser's	18655
identity.	18656

(13) The statement is made in a document or instrument of	18657
writing that purports to be a judgment, lien, or claim of	18658
indebtedness and is filed or recorded with the secretary of state,	18659
a county recorder, or the clerk of a court of record.	18660

(B) No person, in connection with the purchase of a firearm,	18661
as defined in section 2923.11 of the Revised Code, shall knowingly	18662
furnish to the seller of the firearm a fictitious or altered	18663
driver's or commercial driver's license or permit, a fictitious or	18664
altered identification card, or any other document that contains	18665
false information about the purchaser's identity.	18666

(C) It is no defense to a charge under division (A)(4) of	18667
this section that the oath or affirmation was administered or	18668
taken in an irregular manner.	18669

(D) If contradictory statements relating to the same fact are	18670
made by the offender within the period of the statute of	18671
limitations for falsification, it is not necessary for the	18672
prosecution to prove which statement was false but only that one	18673
or the other was false.	18674

(E)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	18675
(6), (7), (8), (10), (11), or (13) of this section is guilty of	18676
falsification, a misdemeanor of the first degree.	18677

(2) Whoever violates division (A)(9) of this section is	18678
guilty of falsification in a theft offense. Except as otherwise	18679
provided in this division, falsification in a theft offense is a	18680
misdemeanor of the first degree. If the value of the property or	18681
services stolen is five hundred dollars or more and is less than	18682
five thousand dollars, falsification in a theft offense is a	18683
felony of the fifth degree. If the value of the property or	18684
services stolen is five thousand dollars or more and is less than	18685
one hundred thousand dollars, falsification in a theft offense is	18686
a felony of the fourth degree. If the value of the property or	18687
services stolen is one hundred thousand dollars or more,	18688
falsification in a theft offense is a felony of the third degree.	18689

(3) Whoever violates division (A)(12) or (B) of this section	18690
is guilty of falsification to purchase a firearm, a felony of the	18691
fifth degree.	18692

(F) A person who violates this section is liable in a civil	18693
action to any person harmed by the violation for injury, death, or	18694
loss to person or property incurred as a result of the commission	18695
of the offense and for reasonable attorney's fees, court costs,	18696
and other expenses incurred as a result of prosecuting the civil	18697
action commenced under this division. A civil action under this	18698
division is not the exclusive remedy of a person who incurs	18699
injury, death, or loss to person or property as a result of a	18700
violation of this section.	18701

Sec. 2923.35.  (A)(1) With respect to property ordered	18702
forfeited under section 2923.32 of the Revised Code, with respect	18703
to any fine or civil penalty imposed in any criminal or civil	18704
proceeding under section 2923.32 or 2923.34 of the Revised Code,	18705
and with respect to any fine imposed for a violation of section	18706
2923.01 of the Revised Code for conspiracy to violate section	18707
2923.32 of the Revised Code, the court, upon petition of the	18708
prosecuting attorney, may do any of the following:	18709

(a) Authorize the prosecuting attorney to settle claims;

18710

(b) Award compensation to persons who provide information	18711
that results in a forfeiture, fine, or civil penalty under section	18712
2923.32 or 2923.34 of the Revised Code;	18713

(c) Grant petitions for mitigation or remission of	18714
forfeiture, fines, or civil penalties, or restore forfeited	18715
property, imposed fines, or imposed civil penalties to persons	18716
injured by the violation;	18717

(d) Take any other action to protect the rights of innocent	18718
persons that is in the interest of justice and that is consistent	18719
with the purposes of sections 2923.31 to 2923.36 of the Revised	18720
Code.	18721

(2) The court shall maintain an accurate record of the	18722
actions it takes under division (A)(1) of this section with	18723
respect to the property ordered forfeited or the fine or civil	18724
penalty. The record is a public record open for inspection under	18725
section 149.43 of the Revised Code.	18726

(B)(1) After the application of division (A) of this section,	18727
any person who prevails in a civil action pursuant to section	18728
2923.34 of the Revised Code has a right to any property, or the	18729
proceeds of any property, criminally forfeited to the state	18730
pursuant to section 2923.32 of the Revised Code or against which	18731
any fine under that section or civil penalty under division (I) of	18732
section 2923.34 of the Revised Code may be imposed.	18733

The right of any person who prevails in a civil action	18734
pursuant to section 2923.34 of the Revised Code, other than a	18735
prosecuting attorney performing official duties under that	18736
section, to forfeited property, property against which fines and	18737
civil penalties may be imposed, and the proceeds of that property	18738
is superior to any right of the state, a municipal corporation, or	18739
a county to the property or the proceeds of the property, if the	18740
civil action is brought within one hundred eighty days after the	18741
entry of a sentence of forfeiture or a fine pursuant to section	18742
2923.32 of the Revised Code or the entry of a civil penalty	18743
pursuant to division (I) of section 2923.34 of the Revised Code.	18744

The right is limited to the total value of the treble	18745
damages, civil penalties, attorney's fees, and costs awarded to	18746
the prevailing party in an action pursuant to section 2923.34 of	18747
the Revised Code, less any restitution received by the person.	18748

(2) If the aggregate amount of claims of persons who have	18749
prevailed in a civil action pursuant to section 2923.34 of the	18750
Revised Code against any one defendant is greater than the total	18751
value of the treble fines, civil penalties, and forfeited property	18752
paid by the person against whom the actions were brought, all of	18753
the persons who brought their actions within one hundred eighty	18754
days after the entry of a sentence or disposition of forfeiture or	18755
a fine pursuant to section 2923.32 of the Revised Code or the	18756
entry of a civil penalty pursuant to division (I) of section	18757
2923.34 of the Revised Code, first shall receive a pro rata share	18758
of the total amount of the fines, civil penalties, and forfeited	18759
property. After the persons who brought their actions within the	18760
specified one-hundred-eighty-day period have satisfied their	18761
claims out of the fines, civil penalties, and forfeited property,	18762
all other persons who prevailed in civil actions pursuant to	18763
section 2923.34 of the Revised Code shall receive a pro rata share	18764
of the total amount of the fines, civil penalties, and forfeited	18765
property that remains in the custody of the law enforcement agency	18766
or in the corrupt activity investigation and prosecution fund.	18767

(C)(1) Subject to divisions (A) and (B) of this section and	18768
notwithstanding any contrary provision of section 2933.41 of the	18769
Revised Code, the prosecuting attorney shall order the disposal of	18770
property ordered forfeited in any proceeding under sections	18771
2923.32 and 2923.34 of the Revised Code as soon as feasible,	18772
making due provisions for the rights of innocent persons, by any	18773
of the following methods:	18774

(a) Transfer to any person who prevails in a civil action	18775
pursuant to section 2923.34 of the Revised Code, subject to the	18776
limit set forth in division (B)(1) of this section;	18777

(b) Public sale;

18778

(c) Transfer to a state governmental agency for official use;

18779

(d) Sale or transfer to an innocent person;

18780

(e) If the property is contraband and is not needed for	18781
evidence in any pending criminal or civil proceeding, pursuant to	18782
section 2933.41 or any other applicable section of the Revised	18783
Code.	18784

(2) Any interest in personal or real property not disposed of	18785
pursuant to this division and not exercisable by, or transferable	18786
for value to, the state shall expire and shall not revert to the	18787
person found guilty of or adjudicated a delinquent child for a	18788
violation of section 2923.32 of the Revised Code. No person found	18789
guilty of or adjudicated a delinquent child for a violation of	18790
that section and no person acting in concert with a person found	18791
guilty of or adjudicated a delinquent child for a violation of	18792
that section is eligible to purchase forfeited property from the	18793
state.	18794

(3) Upon application of a person, other than the defendant,	18795
the adjudicated delinquent child, or a person acting in concert	18796
with or on behalf of either the defendant or the adjudicated	18797
delinquent child, the court may restrain or stay the disposal of	18798
the property pursuant to this division pending the conclusion of	18799
any appeal of the criminal case or delinquency case giving rise to	18800
the forfeiture or pending the determination of the validity of a	18801
claim to or interest in the property pursuant to division (E) of	18802
section 2923.32 of the Revised Code, if the applicant demonstrates	18803
that proceeding with the disposal of the property will result in	18804
irreparable injury, harm, or loss to the applicant.	18805

(4) The prosecuting attorney shall maintain an accurate	18806
record of each item of property disposed of pursuant to this	18807
division, which record shall include the date on which each item	18808
came into the prosecuting attorney's custody, the manner and date	18809
of disposition, and, if applicable, the name of the person who	18810
received the item. The record shall not identify or enable the	18811
identification of the individual officer who seized the property,	18812
and the record is a public record open for inspection under	18813
section 149.43 of the Revised Code.	18814

Each prosecuting attorney who disposes in any calendar year	18815
of any item of property pursuant to this division shall prepare a	18816
report covering the calendar year that cumulates all of the	18817
information contained in all of the records kept by the	18818
prosecuting attorney pursuant to this division for that calendar	18819
year and shall send the cumulative report, no later than the first	18820
day of March in the calendar year following the calendar year	18821
covered by the report, to the attorney general. Each report	18822
received by the attorney general is a public record open for	18823
inspection under section 149.43 of the Revised Code. Not later	18824
than the fifteenth day of April in the calendar year following the	18825
calendar year covered by the reports, the attorney general shall	18826
send to the president of the senate and the speaker of the house	18827
of representatives a written notification that does all of the	18828
following:	18829

(a) Indicates that the attorney general has received from	18830
prosecuting attorneys reports of the type described in this	18831
division that cover the previous calendar year and indicates that	18832
the reports were received under this division;	18833

(b) Indicates that the reports are open for inspection under	18834
section 149.43 of the Revised Code;	18835

(c) Indicates that the attorney general will provide a copy	18836
of any or all of the reports to the president of the senate or the	18837
speaker of the house of representatives upon request.	18838

(D)(1)(a) Ten per cent of the proceeds of all property	18839
ordered forfeited by a juvenile court pursuant to section 2923.32	18840
of the Revised Code shall be applied to one or more alcohol and	18841
drug addiction treatment programs that are certified by the	18842
department of alcohol and drug addiction services under section	18843
3793.06 of the Revised Code and that are specified in the order of	18844
forfeiture. A juvenile court shall not specify an alcohol or drug	18845
addiction treatment program in the order of forfeiture unless the	18846
program is a certified alcohol and drug addiction treatment	18847
program and, except as provided in division (D)(1)(a) of this	18848
section, unless the program is located in the county in which the	18849
court that orders the forfeiture is located or in a contiguous	18850
county. If no certified alcohol and drug addiction treatment	18851
program is located in any of those counties, the juvenile court	18852
may specify in the order a certified alcohol and drug addiction	18853
treatment program located anywhere within this state. The	18854
remaining ninety per cent of the proceeds shall be disposed of as	18855
provided in divisions (D)(1)(b) and (D)(2) of this section.	18856

All of the proceeds of all property ordered forfeited by a	18857
court other than a juvenile court pursuant to section 2923.32 of	18858
the Revised Code shall be disposed of as provided in divisions	18859
(D)(1)(b) and (D)(2) of this section.	18860

(b) The remaining proceeds of all property ordered forfeited	18861
pursuant to section 2923.32 of the Revised Code, after compliance	18862
with division (D)(1)(a) of this section when that division is	18863
applicable, and all fines and civil penalties imposed pursuant to	18864
sections 2923.32 and 2923.34 of the Revised Code shall be	18865
deposited into the state treasury and credited to the corrupt	18866
activity investigation and prosecution fund, which is hereby	18867
created.	18868

(2) The proceeds, fines, and penalties credited to the	18869
corrupt activity investigation and prosecution fund pursuant to	18870
division (D)(1) of this section shall be disposed of in the	18871
following order:	18872

(a) To a civil plaintiff in an action brought within the	18873
one-hundred-eighty-day time period specified in division (B)(1) of	18874
this section, subject to the limit set forth in that division;	18875

(b) To the payment of the fees and costs of the forfeiture	18876
and sale, including expenses of seizure, maintenance, and custody	18877
of the property pending its disposition, advertising, and court	18878
costs;	18879

(c) Except as otherwise provided in division (D)(2)(c) of	18880
this section, the remainder shall be paid to the law enforcement	18881
trust fund of the prosecuting attorney that is established	18882
pursuant to division (D)(1)(c) of section 2933.43 of the Revised	18883
Code and to the law enforcement trust fund of the county sheriff	18884
that is established pursuant to that division if the county	18885
sheriff substantially conducted the investigation, to the law	18886
enforcement trust fund of a municipal corporation that is	18887
established pursuant to that division if its police department	18888
substantially conducted the investigation, to the law enforcement	18889
trust fund of a township that is established pursuant to that	18890
division if the investigation was substantially conducted by a	18891
township police department, township police district police force,	18892
or office of a township constable, or to the law enforcement trust	18893
fund of a park district created pursuant to section 511.18 or	18894
1545.01 of the Revised Code that is established pursuant to that	18895
division if the investigation was substantially conducted by its	18896
park district police force or law enforcement department. The	18897
prosecuting attorney may decline to accept any of the remaining	18898
proceeds, fines, and penalties, and, if the prosecuting attorney	18899
so declines, they shall be applied to the fund described in	18900
division (D)(2)(c) of this section that relates to the appropriate	18901
law enforcement agency that substantially conducted the	18902
investigation.	18903

If the state highway patrol substantially conducted the	18904
investigation, the director of budget and management shall	18905
transfer the remaining proceeds, fines, and penalties to the state	18906
highway patrol for deposit into the state highway patrol	18907
contraband, forfeiture, and other fund that is created by division	18908
(D)(1)(c) of section 2933.43 of the Revised Code. If the	18909
department of taxation substantially conducted the investigation,	18910
the director shall transfer the remaining proceeds, fines, and	18911
penalties to the department for deposit into the department of	18912
taxation enforcement fund. If the state board of pharmacy	18913
substantially conducted the investigation, the director shall	18914
transfer the remaining proceeds, fines, and penalties to the board	18915
for deposit into the board of pharmacy drug law enforcement fund	18916
that is created by division (B)(1) of section 4729.65 of the	18917
Revised Code. If a state law enforcement agency, other than the	18918
state highway patrol, the department of taxation, or the state	18919
board of pharmacy, substantially conducted the investigation, the	18920
director shall transfer the remaining proceeds, fines, and	18921
penalties to the treasurer of state for deposit into the peace	18922
officer training commission fund that is created by division	18923
(D)(1)(c) of section 2933.43 of the Revised Code.	18924

The remaining proceeds, fines, and penalties that are paid to	18925
a law enforcement trust fund or that are deposited into the state	18926
highway patrol contraband, forfeiture, and other fund, the	18927
department of taxation enforcement fund, the board of pharmacy	18928
drug law enforcement fund, or the peace officer training	18929
commission fund pursuant to division (D)(2)(c) of this section	18930
shall be allocated, used, and expended only in accordance with	18931
division (D)(1)(c) of section 2933.43 of the Revised Code, only in	18932
accordance with a written internal control policy adopted under	18933
division (D)(3) of that section, and, if applicable, only in	18934
accordance with division (B) of section 4729.65 of the Revised	18935
Code. The annual reports that pertain to the funds and that are	18936
required by divisions (D)(1)(c) and (3)(b) of section 2933.43 of	18937
the Revised Code also shall address the remaining proceeds, fines,	18938
and penalties that are paid or deposited into the funds pursuant	18939
to division (D)(2)(c) of this section.	18940

(3) If more than one law enforcement agency substantially	18941
conducted the investigation, the court ordering the forfeiture	18942
shall equitably divide the remaining proceeds, fines, and	18943
penalties among the law enforcement agencies that substantially	18944
conducted the investigation, in the manner described in division	18945
(D)(2) of section 2933.43 of the Revised Code for the equitable	18946
division of contraband proceeds and forfeited moneys. The	18947
equitable shares of the proceeds, fines, and penalties so	18948
determined by the court shall be paid or deposited into the	18949
appropriate funds specified in division (D)(2)(c) of this section.	18950

(E) As used in this section, "law enforcement agency"	18951
includes, but is not limited to, the state board of pharmacy and	18952
the department of taxation.	18953

Sec. 2925.44.  (A) If property is seized pursuant to section	18954
2925.42 or 2925.43 of the Revised Code, it is deemed to be in the	18955
custody of the head of the law enforcement agency that seized it,	18956
and the head of that agency may do any of the following with	18957
respect to that property prior to its disposition in accordance	18958
with division (A)(4) or (B) of this section:	18959

(1) Place the property under seal;

18960

(2) Remove the property to a place that the head of that	18961
agency designates;	18962

(3) Request the issuance of a court order that requires any	18963
other appropriate municipal corporation, county, township, park	18964
district created pursuant to section 511.18 or 1545.01 of the	18965
Revised Code, or state law enforcement officer or other officer to	18966
take custody of the property and, if practicable, remove it to an	18967
appropriate location for eventual disposition in accordance with	18968
division (B) of this section;	18969

(4)(a) Seek forfeiture of the property pursuant to federal	18970
law. If the head of that agency seeks its forfeiture pursuant to	18971
federal law, the law enforcement agency shall deposit, use, and	18972
account for proceeds from a sale of the property upon its	18973
forfeiture, proceeds from another disposition of the property upon	18974
its forfeiture, or forfeited moneys it receives, in accordance	18975
with the applicable federal law and otherwise shall comply with	18976
that law.	18977

(b) If the state highway patrol seized the property and if	18978
the superintendent of the state highway patrol seeks its	18979
forfeiture pursuant to federal law, the appropriate governmental	18980
officials shall deposit into the state highway patrol contraband,	18981
forfeiture, and other fund all interest or other earnings derived	18982
from the investment of the proceeds from a sale of the property	18983
upon its forfeiture, the proceeds from another disposition of the	18984
property upon its forfeiture, or the forfeited moneys. The state	18985
highway patrol shall use and account for that interest or other	18986
earnings in accordance with the applicable federal law.	18987

(c) If the investigative unit of the department of public	18988
safety seized the property and if the director of public safety	18989
seeks its forfeiture pursuant to federal law, the appropriate	18990
governmental officials shall deposit into the department of public	18991
safety investigative unit contraband, forfeiture, and other fund	18992
all interest or other earnings derived from the investment of the	18993
proceeds from a sale of the property upon its forfeiture, the	18994
proceeds from another disposition of the property upon its	18995
forfeiture, or the forfeited moneys. The department shall use and	18996
account for that interest or other earnings in accordance with the	18997
applicable federal law.	18998

(d) If the enforcement division of the department of taxation	18999
seized the property and if the tax commissioner seeks its	19000
forfeiture pursuant to federal law, the appropriate governmental	19001
officials shall deposit into the department of taxation	19002
enforcement fund all interest or other earnings derived from the	19003
investment of the proceeds from a sale of the property upon its	19004
forfeiture, the proceeds from another disposition of the property	19005
upon its forfeiture, or the forfeited moneys. The department shall	19006
use and account for that interest or other earnings in accordance	19007
with the applicable federal law.	19008

(e) Division (B) of this section and divisions (D)(1) to (3)	19009
of section 2933.43 of the Revised Code do not apply to proceeds or	19010
forfeited moneys received pursuant to federal law or to the	19011
interest or other earnings that are derived from the investment of	19012
proceeds or forfeited moneys received pursuant to federal law and	19013
that are described in division (A)(4)(b) or (d) of this section.	19014

(B) In addition to complying with any requirements imposed by	19015
a court pursuant to section 2925.42 or 2925.43 of the Revised	19016
Code, and the requirements imposed by those sections, in relation	19017
to the disposition of property forfeited to the state under either	19018
of those sections, the prosecuting attorney who is responsible for	19019
its disposition shall dispose of the property as follows:	19020

(1) Any vehicle, as defined in section 4501.01 of the Revised	19021
Code, that was used in a felony drug abuse offense or in an act	19022
that, if committed by an adult, would be a felony drug abuse	19023
offense shall be given to the law enforcement agency of the	19024
municipal corporation or county in which the offense occurred if	19025
that agency desires to have the vehicle, except that, if the	19026
offense occurred in a township or in a park district created	19027
pursuant to section 511.18 or 1545.01 of the Revised Code and a	19028
law enforcement officer employed by the township or the park	19029
district was involved in the seizure of the vehicle, the vehicle	19030
may be given to the law enforcement agency of that township or	19031
park district if that agency desires to have the vehicle, and	19032
except that, if the state highway patrol made the seizure of the	19033
vehicle, the vehicle may be given to the state highway patrol if	19034
it desires to have the vehicle.	19035

(2) Any drug paraphernalia that was used, possessed, sold, or	19036
manufactured in a violation of section 2925.14 of the Revised Code	19037
that would be a felony drug abuse offense or in a violation of	19038
that section committed by a juvenile that, if committed by an	19039
adult, would be a felony drug abuse offense, may be given to the	19040
law enforcement agency of the municipal corporation or county in	19041
which the offense occurred if that agency desires to have and can	19042
use the drug paraphernalia, except that, if the offense occurred	19043
in a township or in a park district created pursuant to section	19044
511.18 or 1545.01 of the Revised Code and a law enforcement	19045
officer employed by the township or the park district was involved	19046
in the seizure of the drug paraphernalia, the drug paraphernalia	19047
may be given to the law enforcement agency of that township or	19048
park district if that agency desires to have and can use the drug	19049
paraphernalia. If the drug paraphernalia is not so given, it shall	19050
be disposed of by sale pursuant to division (B)(8) of this section	19051
or disposed of in another manner that the court that issued the	19052
order of forfeiture considers proper under the circumstances.	19053

(3) Drugs shall be disposed of pursuant to section 3719.11 of	19054
the Revised Code or placed in the custody of the secretary of the	19055
treasury of the United States for disposal or use for medical or	19056
scientific purposes under applicable federal law.	19057

(4) Firearms and dangerous ordnance suitable for police work	19058
may be given to a law enforcement agency for that purpose.	19059
Firearms suitable for sporting use, or as museum pieces or	19060
collectors' items, may be disposed of by sale pursuant to division	19061
(B)(8) of this section. Other firearms and dangerous ordnance	19062
shall be destroyed by a law enforcement agency or shall be sent to	19063
the bureau of criminal identification and investigation for	19064
destruction by it. As used in this division, "firearms" and	19065
"dangerous ordnance" have the same meanings as in section 2923.11	19066
of the Revised Code.	19067

(5) Computers, computer networks, computer systems, and	19068
computer software suitable for police work may be given to a law	19069
enforcement agency for that purpose. Other computers, computer	19070
networks, computer systems, and computer software shall be	19071
disposed of by sale pursuant to division (B)(8) of this section or	19072
disposed of in another manner that the court that issued the order	19073
of forfeiture considers proper under the circumstances. As used in	19074
this division, "computers," "computer networks," "computer	19075
systems," and "computer software" have the same meanings as in	19076
section 2913.01 of the Revised Code.	19077

(6) Obscene materials shall be destroyed.

19078

(7) Beer, intoxicating liquor, and alcohol shall be disposed	19079
of in accordance with division (D)(4) of section 2933.41 of the	19080
Revised Code.	19081

(8) In the case of property not described in divisions (B)(1)	19082
to (7) of this section and of property described in those	19083
divisions but not disposed of pursuant to them, the property shall	19084
be sold in accordance with division (B)(8) of this section or, in	19085
the case of forfeited moneys, disposed of in accordance with	19086
division (B)(8) of this section. If the property is to be sold,	19087
the prosecuting attorney shall cause a notice of the proposed sale	19088
of the property to be given in accordance with law, and the	19089
property shall be sold, without appraisal, at a public auction to	19090
the highest bidder for cash. The proceeds of a sale and forfeited	19091
moneys shall be applied in the following order:	19092

(a) First, to the payment of the costs incurred in connection	19093
with the seizure of, storage of, maintenance of, and provision of	19094
security for the property, the forfeiture proceeding or civil	19095
action, and, if any, the sale;	19096

(b) Second, the remaining proceeds or forfeited moneys after	19097
compliance with division (B)(8)(a) of this section, to the payment	19098
of the value of any legal right, title, or interest in the	19099
property that is possessed by a person who, pursuant to division	19100
(F) of section 2925.42 of the Revised Code or division (E) of	19101
section 2925.43 of the Revised Code, established the validity of	19102
and consequently preserved that legal right, title, or interest,	19103
including, but not limited to, any mortgage, perfected or other	19104
security interest, or other lien in the property. The value of	19105
these rights, titles, or interests shall be paid according to	19106
their record or other order of priority.	19107

(c) Third, the remaining proceeds or forfeited moneys after	19108
compliance with divisions (B)(8)(a) and (b) of this section, as	19109
follows:	19110

(i) If the forfeiture was ordered in a juvenile court, ten	19111
per cent to one or more alcohol and drug addiction treatment	19112
programs that are certified by the department of alcohol and drug	19113
addiction services under section 3793.06 of the Revised Code and	19114
that are specified in the order of forfeiture. A juvenile court	19115
shall not specify an alcohol or drug addiction treatment program	19116
in the order of forfeiture unless the program is a certified	19117
alcohol and drug addiction treatment program and, except as	19118
provided in division (B)(8)(c)(i) of this section, unless the	19119
program is located in the county in which the court that orders	19120
the forfeiture is located or in a contiguous county. If no	19121
certified alcohol and drug addiction treatment program is located	19122
in any of those counties, the juvenile court may specify in the	19123
order a certified alcohol and drug addiction treatment program	19124
located anywhere within this state.	19125

(ii) If the forfeiture was ordered in a juvenile court,	19126
ninety per cent, and if the forfeiture was ordered in a court	19127
other than a juvenile court, one hundred per cent to appropriate	19128
funds in accordance with divisions (D)(1)(c) and (2) of section	19129
2933.43 of the Revised Code. The remaining proceeds or forfeited	19130
moneys so deposited shall be used only for the purposes authorized	19131
by those divisions and division (D)(3)(a)(ii) of that section.	19132

(C)(1) Sections 2925.41 to 2925.45 of the Revised Code do not	19133
preclude a financial institution that possessed a valid mortgage,	19134
security interest, or lien that is not satisfied prior to a sale	19135
under division (B)(8) of this section or following a sale by	19136
application of division (B)(8)(b) of this section, from commencing	19137
a civil action in any appropriate court in this or another state	19138
to obtain a deficiency judgment against the debtor if the	19139
financial institution otherwise would have been entitled to do so	19140
in this or another state.	19141

(2) Any law enforcement agency that obtains any vehicle	19142
pursuant to division (B)(1) of this section shall take the vehicle	19143
subject to the outstanding amount of any security interest or lien	19144
that attaches to the vehicle.	19145

(3) Nothing in this section impairs a mortgage, security	19146
interest, lien, or other interest of a financial institution in	19147
property that was the subject of a forfeiture order under section	19148
2925.42 or 2925.43 of the Revised Code and that was sold or	19149
otherwise disposed of in a manner that does not conform to the	19150
requirements of division (B) of this section, or any right of a	19151
financial institution of that nature to commence a civil action in	19152
any appropriate court in this or another state to obtain a	19153
deficiency judgment against the debtor.	19154

(4) Following the sale under division (B)(8) of this section	19155
of any property that is required to be titled or registered under	19156
the law of this state, the prosecuting attorney responsible for	19157
the disposition of the property shall cause the state to issue an	19158
appropriate certificate of title or registration to the purchaser	19159
of the property. Additionally, if, in a disposition of property	19160
pursuant to division (B) of this section, the state or a political	19161
subdivision is given any property that is required to be titled or	19162
registered under the law of this state, the prosecuting attorney	19163
responsible for the disposition of the property shall cause the	19164
state to issue an appropriate certificate of title or registration	19165
to itself or to the political subdivision.	19166

(D) Property that has been forfeited to the state pursuant to	19167
an order of criminal forfeiture under section 2925.42 of the	19168
Revised Code or an order of civil forfeiture under section 2925.43	19169
of the Revised Code shall not be available for use to pay any fine	19170
imposed upon a person who is convicted of or pleads guilty to a	19171
felony drug abuse offense or upon any juvenile who is found by a	19172
juvenile court to be a delinquent child for an act that, if	19173
committed by an adult, would be a felony drug abuse offense.	19174

(E) Sections 2925.41 to 2925.45 of the Revised Code do not	19175
prohibit a law enforcement officer from seeking the forfeiture of	19176
contraband associated with a felony drug abuse offense pursuant to	19177
section 2933.43 of the Revised Code.	19178

Sec. 2929.38. (A) A board of commissioners of a county, in an	19179
agreement with the sheriff, a legislative authority of a municipal	19180
corporation, a corrections commission, a judicial corrections	19181
board, or any other public or private entity that operates a local	19182
detention facility described in division (A) of section 2929.37 of	19183
the Revised Code, may establish a policy that requires any	19184
prisoner who is confined in the facility as a result of pleading	19185
guilty to or having been convicted of an offense to pay a one-time	19186
reception fee for the costs of processing the prisoner into the	19187
facility at the time of the prisoner's initial entry into the	19188
facility under the confinement in question, to pay a reasonable	19189
fee for any medical or dental treatment or service requested by	19190
and provided to that prisoner, and to pay the fee for a random	19191
drug test assessed under division (E) of section 341.26, and	19192
division (E) of section 753.33 of the Revised Code. The fee for	19193
the medical treatment or service shall not exceed the actual cost	19194
of the treatment or service provided. No prisoner confined in the	19195
local detention facility shall be denied any necessary medical	19196
care because of inability to pay the fees.	19197

(B) Upon assessment of a one-time reception fee as described	19198
in division (A) of this section, the provision of the requested	19199
medical treatment or service, or the assessment of a fee for a	19200
random drug test, payment of the required fee may be automatically	19201
deducted from the prisoner's inmate account in the business office	19202
of the local detention facility in which the prisoner is confined.	19203
If there is no money in the account, a deduction may be made at a	19204
later date during the prisoner's confinement if the money becomes	19205
available in the account. If, after release, the prisoner has an	19206
unpaid balance of those fees, the sheriff, legislative authority	19207
of the municipal corporation, corrections commission, judicial	19208
corrections board, or other entity that operates the local	19209
detention facility described in division (A) of section 2929.37 of	19210
the Revised Code may bill the prisoner for the payment of the	19211
unpaid fees. Fees received for medical or dental treatment or	19212
services shall be paid to the commissary fund, if one exists for	19213
the facility, or if no commissary fund exists, to the general fund	19214
of the treasury of the political subdivision that incurred the	19215
expenses, in the same proportion as those expenses were borne by	19216
the political subdivision. Fees received for medical treatment or	19217
services that are placed in the commissary fund under this	19218
division shall be used for the same purposes as profits from the	19219
commissary fund, except that they shall not be used to pay any	19220
salary or benefits of any person who works in or is employed for	19221
the sole purpose of providing service to the commissary.	19222

(C) Any fee paid by a person under this section shall be	19223
deducted from any medical or dental costs that the person is	19224
ordered to reimburse under section 2929.36 of the Revised Code or	19225
to repay under a policy adopted under section 2929.37 of the	19226
Revised Code.	19227

(D) As used in this section, "inmate account" has the same	19228
meaning as in section 2969.21 of the Revised Code.	19229

Sec. 2933.43.  (A)(1) Except as provided in this division or	19230
in section 2913.34 or sections 2923.44 to 2923.47 or 2925.41 to	19231
2925.45 of the Revised Code, a law enforcement officer shall seize	19232
any contraband that has been, is being, or is intended to be used	19233
in violation of division (A) of section 2933.42 of the Revised	19234
Code. A law enforcement officer shall seize contraband that is a	19235
watercraft, motor vehicle, or aircraft and that has been, is	19236
being, or is intended to be used in violation of division (A) of	19237
section 2933.42 of the Revised Code only if the watercraft, motor	19238
vehicle, or aircraft is contraband because of its relationship to	19239
an underlying criminal offense that is a felony.	19240

Additionally, a law enforcement officer shall seize any	19241
watercraft, motor vehicle, aircraft, or other personal property	19242
that is classified as contraband under division (B) of section	19243
2933.42 of the Revised Code if the underlying offense involved in	19244
the violation of division (A) of that section that resulted in the	19245
watercraft, motor vehicle, aircraft, or personal property being	19246
classified as contraband, is a felony.	19247

(2) If a law enforcement officer seizes property that is	19248
titled or registered under law, including a motor vehicle,	19249
pursuant to division (A)(1) of this section, the officer or the	19250
officer's employing law enforcement agency shall notify the owner	19251
of the seizure. The notification shall be given to the owner at	19252
the owner's last known address within seventy-two hours after the	19253
seizure, and may be given orally by any means, including	19254
telephone, or by certified mail, return receipt requested.	19255

If the officer or the officer's agency is unable to provide	19256
the notice required by this division despite reasonable, good	19257
faith efforts to do so, the exercise of the reasonable, good faith	19258
efforts constitutes fulfillment of the notice requirement imposed	19259
by this division.	19260

(B)(1) A motor vehicle seized pursuant to division (A)(1) of	19261
this section and the contents of the vehicle may be retained for a	19262
reasonable period of time, not to exceed seventy-two hours, for	19263
the purpose of inspection, investigation, and the gathering of	19264
evidence of any offense or illegal use.	19265

At any time prior to the expiration of the seventy-two-hour	19266
period, the law enforcement agency that seized the motor vehicle	19267
may petition the court of common pleas of the county that has	19268
jurisdiction over the underlying criminal case or administrative	19269
proceeding involved in the forfeiture for an extension of the	19270
seventy-two-hour period if the motor vehicle or its contents are	19271
needed as evidence or if additional time is needed for the	19272
inspection, investigation, or gathering of evidence. Upon the	19273
filing of such a petition, the court immediately shall schedule a	19274
hearing to be held at a time as soon as possible after the filing,	19275
but in no event at a time later than the end of the next business	19276
day subsequent to the day on which the petition was filed, and	19277
upon scheduling the hearing, immediately shall notify the owner of	19278
the vehicle, at the address at which notification of the seizure	19279
was provided under division (A) of this section, of the date,	19280
time, and place of the hearing. If the court, at the hearing,	19281
determines that the vehicle or its contents, or both, are needed	19282
as evidence or that additional time is needed for the inspection,	19283
investigation, or gathering of evidence, the court may grant the	19284
petition and issue an order authorizing the retention of the	19285
vehicle or its contents, or both, for an extended period as	19286
specified by the court in its order. An order extending a period	19287
of retention issued under this division may be renewed.	19288

If no petition for the extension of the initial	19289
seventy-two-hour period has been filed, prior to the expiration of	19290
that period, under this division, if the vehicle was not in the	19291
custody and control of the owner at the time of its seizure, and	19292
if, at the end of that seventy-two-hour period, the owner of the	19293
vehicle has not been charged with an offense or administrative	19294
violation that includes the use of the vehicle as an element and	19295
has not been charged with any other offense or administrative	19296
violation in the actual commission of which the motor vehicle was	19297
used, the vehicle and its contents shall be released to its owner	19298
or the owner's agent, provided that the law enforcement agency	19299
that seized the vehicle may require proof of ownership of the	19300
vehicle, proof of ownership or legal possession of the contents,	19301
and an affidavit of the owner that the owner neither knew of nor	19302
expressly or impliedly consented to the use of the vehicle that	19303
resulted in its forfeiture as conditions precedent to release. If	19304
a petition for the extension of the initial seventy-two-hour	19305
period has been filed, prior to the expiration of that period,	19306
under this division but the court does not grant the petition, if	19307
the vehicle was not in the custody and control of the owner at the	19308
time of its seizure, and if, at the end of that seventy-two-hour	19309
period, the owner of the vehicle has not been charged with an	19310
offense or administrative violation that includes the use of the	19311
vehicle as an element and has not been charged with any other	19312
offense or administrative violation in the actual commission of	19313
which the motor vehicle was used, the vehicle and its contents	19314
shall be released to its owner or the owner's agent, provided that	19315
the court may require the proof and affidavit described in the	19316
preceding sentence as conditions precedent to release. If the	19317
initial seventy-two-hour period has been extended under this	19318
division, the vehicle and its contents to which the extension	19319
applies may be retained in accordance with the extension order.	19320
If, at the end of that extended period, the owner of the vehicle	19321
has not been charged with an offense or administrative violation	19322
that includes the use of the vehicle as an element and has not	19323
been charged with any other offense or administrative violation in	19324
the actual commission of which the motor vehicle was used, and if	19325
the vehicle was not in the custody and control of the owner at the	19326
time of its seizure, the vehicle and its contents shall be	19327
released to its owner or the owner's agent, provided that the	19328
court may require the proof and affidavit described in the third	19329
preceding sentence as conditions precedent to release. In cases in	19330
which the court may require proof and affidavits as conditions	19331
precedent to release, the court also may require the posting of a	19332
bond, with sufficient sureties approved by the court, in an amount	19333
equal to the value of the property to be released, as determined	19334
by the court, and conditioned upon the return of the property to	19335
the court if it is forfeited under this section, as a further	19336
condition to release. If, at the end of the initial	19337
seventy-two-hour period or at the end of any extended period	19338
granted under this section, the owner has been charged with an	19339
offense or administrative violation that includes the use of the	19340
vehicle as an element or has been charged with another offense or	19341
administrative violation in the actual commission of which the	19342
motor vehicle was used, or if the vehicle was in the custody and	19343
control of the owner at the time of its seizure, the vehicle and	19344
its contents shall be retained pending disposition of the charge,	19345
provided that upon the filing of a motion for release by the	19346
owner, if the court determines that the motor vehicle or its	19347
contents, or both, are not needed as evidence in the underlying	19348
criminal case or administrative proceeding, the court may permit	19349
the release of the property that is not needed as evidence to the	19350
owner; as a condition precedent to a release of that nature, the	19351
court may require the owner to execute a bond with the court. Any	19352
bond so required shall be in an amount equal to the value of the	19353
property to be released, as determined by the court, shall have	19354
sufficient sureties approved by the court, and shall be	19355
conditioned upon the return of the property to the court to which	19356
it is forfeited under this section.	19357

The final disposition of a motor vehicle seized pursuant to	19358
division (A)(1) of this section shall be determined in accordance	19359
with division (C) of this section.	19360

(2) Pending a hearing pursuant to division (C) of this	19361
section, and subject to divisions (B)(1) and (C) of this section,	19362
any property lawfully seized pursuant to division (A) of this	19363
section because it was contraband of a type described in division	19364
(A)(13)(b), (d), (e), (f), (g), (h), (i), or (j) of section	19365
2901.01 of the Revised Code shall not be subject to replevin or	19366
other action in any court and shall not be subject to release upon	19367
request of the owner, and no judgment shall be enforced against	19368
the property. Pending the hearing, and subject to divisions (B)(1)	19369
and (C) of this section, the property shall be kept in the custody	19370
of the law enforcement agency responsible for its seizure.	19371

Pending a hearing pursuant to division (C) of this section,	19372
and notwithstanding any provisions of division (B)(1) or (C) of	19373
this section to the contrary, any property lawfully seized	19374
pursuant to division (A) of this section because it was contraband	19375
of a type described in division (A)(13)(a) or (c) of section	19376
2901.01 of the Revised Code shall not be subject to replevin or	19377
other action in any court and shall not be subject to release upon	19378
request of the owner, and no judgment shall be enforced against	19379
the property. Pending the hearing, and notwithstanding any	19380
provisions of division (B)(1) or (C) of this section to the	19381
contrary, the property shall be kept in the custody of the law	19382
enforcement agency responsible for its seizure.	19383

A law enforcement agency that seizes property under division	19384
(A) of this section because it was contraband of any type	19385
described in division (A)(13) of section 2901.01 or division (B)	19386
of section 2933.42 of the Revised Code shall maintain an accurate	19387
record of each item of property so seized, which record shall	19388
include the date on which each item was seized, the manner and	19389
date of its disposition, and if applicable, the name of the person	19390
who received the item; however, the record shall not identify or	19391
enable the identification of the individual officer who seized the	19392
item. The record of property of that nature that no longer is	19393
needed as evidence shall be open to public inspection during the	19394
agency's regular business hours. Each law enforcement agency that,	19395
during any calendar year, seizes property under division (A) of	19396
this section because it was contraband shall prepare a report	19397
covering the calendar year that cumulates all of the information	19398
contained in all of the records kept by the agency pursuant to	19399
this division for that calendar year, and shall send a copy of the	19400
cumulative report, no later than the first day of March in the	19401
calendar year following the calendar year covered by the report,	19402
to the attorney general. Each report received by the attorney	19403
general is a public record open for inspection under section	19404
149.43 of the Revised Code. Not later than the fifteenth day of	19405
April in the calendar year in which the reports are received, the	19406
attorney general shall send to the president of the senate and the	19407
speaker of the house of representatives a written notification	19408
that does all of the following:	19409

(a) Indicates that the attorney general has received from law	19410
enforcement agencies reports of the type described in this	19411
division that cover the previous calendar year and indicates that	19412
the reports were received under this division;	19413

(b) Indicates that the reports are open for inspection under	19414
section 149.43 of the Revised Code;	19415

(c) Indicates that the attorney general will provide a copy	19416
of any or all of the reports to the president of the senate or the	19417
speaker of the house of representatives upon request.	19418

(C) The prosecuting attorney, village solicitor, city	19419
director of law, or similar chief legal officer who has	19420
responsibility for the prosecution of the underlying criminal case	19421
or administrative proceeding, or the attorney general if the	19422
attorney general has that responsibility, shall file a petition	19423
for the forfeiture, to the seizing law enforcement agency of the	19424
contraband seized pursuant to division (A) of this section. The	19425
petition shall be filed in the court that has jurisdiction over	19426
the underlying criminal case or administrative proceeding involved	19427
in the forfeiture. If the property was seized on the basis of both	19428
a criminal violation and an administrative regulation violation,	19429
the petition shall be filed by the officer and in the court that	19430
is appropriate in relation to the criminal case.	19431

The petitioner shall conduct or cause to be conducted a	19432
search of the appropriate public records that relate to the seized	19433
property for the purpose of determining, and shall make or cause	19434
to be made reasonably diligent inquiries for the purpose of	19435
determining, any person having an ownership or security interest	19436
in the property. The petitioner then shall give notice of the	19437
forfeiture proceedings by personal service or by certified mail,	19438
return receipt requested, to any persons known, because of the	19439
conduct of the search, the making of the inquiries, or otherwise,	19440
to have an ownership or security interest in the property, and	19441
shall publish notice of the proceedings once each week for two	19442
consecutive weeks in a newspaper of general circulation in the	19443
county in which the seizure occurred. The notices shall be	19444
personally served, mailed, and first published at least four weeks	19445
before the hearing. They shall describe the property seized; state	19446
the date and place of seizure; name the law enforcement agency	19447
that seized the property and, if applicable, that is holding the	19448
property; list the time, date, and place of the hearing; and state	19449
that any person having an ownership or security interest in the	19450
property may contest the forfeiture.	19451

If the property seized was determined by the seizing law	19452
enforcement officer to be contraband because of its relationship	19453
to an underlying criminal offense or administrative violation, no	19454
forfeiture hearing shall be held under this section unless the	19455
person pleads guilty to or is convicted of the commission of, or	19456
an attempt or conspiracy to commit, the offense or a different	19457
offense arising out of the same facts and circumstances or unless	19458
the person admits or is adjudicated to have committed the	19459
administrative violation or a different violation arising out of	19460
the same facts and circumstances; a forfeiture hearing shall be	19461
held in a case of that nature no later than forty-five days after	19462
the conviction or the admission or adjudication of the violation,	19463
unless the time for the hearing is extended by the court for good	19464
cause shown. The owner of any property seized because of its	19465
relationship to an underlying criminal offense or administrative	19466
violation may request the court to release the property to the	19467
owner. Upon receipt of a request of that nature, if the court	19468
determines that the property is not needed as evidence in the	19469
underlying criminal case or administrative proceeding, the court	19470
may permit the release of the property to the owner. As a	19471
condition precedent to a release of that nature, the court may	19472
require the owner to execute a bond with the court. Any bond so	19473
required shall have sufficient sureties approved by the court,	19474
shall be in a sum equal to the value of the property, as	19475
determined by the court, and shall be conditioned upon the return	19476
of the property to the court if the property is forfeited under	19477
this section. Any property seized because of its relationship to	19478
an underlying criminal offense or administrative violation shall	19479
be returned to its owner if charges are not filed in relation to	19480
that underlying offense or violation within thirty days after the	19481
seizure, if charges of that nature are filed and subsequently are	19482
dismissed, or if charges of that nature are filed and the person	19483
charged does not plead guilty to and is not convicted of the	19484
offense or does not admit and is not found to have committed the	19485
violation.	19486

If the property seized was determined by the seizing law	19487
enforcement officer to be contraband other than because of a	19488
relationship to an underlying criminal offense or administrative	19489
violation, the forfeiture hearing under this section shall be held	19490
no later than forty-five days after the seizure, unless the time	19491
for the hearing is extended by the court for good cause shown.	19492

Where possible, a court holding a forfeiture hearing under	19493
this section shall follow the Rules of Civil Procedure. When a	19494
hearing is conducted under this section, property shall be	19495
forfeited upon a showing, by a preponderance of the evidence, by	19496
the petitioner that the person from which the property was seized	19497
was in violation of division (A) of section 2933.42 of the Revised	19498
Code. If that showing is made, the court shall issue an order of	19499
forfeiture. If an order of forfeiture is issued in relation to	19500
contraband that was released to the owner or the owner's agent	19501
pursuant to this division or division (B)(1) of this section, the	19502
order shall require the owner to deliver the property, by a	19503
specified date, to the law enforcement agency that employed the	19504
law enforcement officer who made the seizure of the property, and	19505
the court shall deliver a copy of the order to the owner or send a	19506
copy of it by certified mail, return receipt requested, to the	19507
owner at the address to which notice of the seizure was given	19508
under division (A)(2) of this section. Except as otherwise	19509
provided in this division, all rights, interest, and title to the	19510
forfeited contraband vests in the state, effective from the date	19511
of seizure.	19512

No property shall be forfeited pursuant to this division if	19513
the owner of the property establishes, by a preponderance of the	19514
evidence, that the owner neither knew, nor should have known after	19515
a reasonable inquiry, that the property was used, or was likely to	19516
be used, in a crime or administrative violation. No bona fide	19517
security interest shall be forfeited pursuant to this division if	19518
the holder of the interest establishes, by a preponderance of the	19519
evidence, that the holder of the interest neither knew, nor should	19520
have known after a reasonable inquiry, that the property was used,	19521
or likely to be used, in a crime or administrative violation, that	19522
the holder of the interest did not expressly or impliedly consent	19523
to the use of the property in a crime or administrative violation,	19524
and that the security interest was perfected pursuant to law prior	19525
to the seizure. If the holder of the interest satisfies the court	19526
that these requirements are met, the interest shall be preserved	19527
by the court. In a case of that nature, the court shall either	19528
order that the agency to which the property is forfeited reimburse	19529
the holder of the interest to the extent of the preserved interest	19530
or order that the holder be paid for the interest from the	19531
proceeds of any sale pursuant to division (D) of this section.	19532

(D)(1) Contraband ordered forfeited pursuant to this section	19533
shall be disposed of pursuant to divisions (D)(1) to (7) of	19534
section 2933.41 of the Revised Code or, if the contraband is not	19535
described in those divisions, may be used, with the approval of	19536
the court, by the law enforcement agency that has custody of the	19537
contraband pursuant to division (D)(8) of that section. In the	19538
case of contraband not described in any of those divisions and of	19539
contraband not disposed of pursuant to any of those divisions, the	19540
contraband shall be sold in accordance with this division or, in	19541
the case of forfeited moneys, disposed of in accordance with this	19542
division. If the contraband is to be sold, the prosecuting	19543
attorney shall cause a notice of the proposed sale of the	19544
contraband to be given in accordance with law, and the property	19545
shall be sold, without appraisal, at a public auction to the	19546
highest bidder for cash. The proceeds of a sale and forfeited	19547
moneys shall be applied in the following order:	19548

(a) First, to the payment of the costs incurred in connection	19549
with the seizure of, storage of, maintenance of, and provision of	19550
security for the contraband, the forfeiture proceeding, and, if	19551
any, the sale;	19552

(b) Second, the remaining proceeds or forfeited moneys after	19553
compliance with division (D)(1)(a) of this section, to the payment	19554
of the balance due on any security interest preserved pursuant to	19555
division (C) of this section;	19556

(c) Third, the remaining proceeds or forfeited moneys after	19557
compliance with divisions (D)(1)(a) and (b) of this section, as	19558
follows:	19559

(i) If the forfeiture was ordered in a juvenile court, ten	19560
per cent to one or more alcohol and drug addiction treatment	19561
programs that are certified by the department of alcohol and drug	19562
addiction services under section 3793.06 of the Revised Code and	19563
that are specified in the order of forfeiture. A juvenile court	19564
shall not certify an alcohol or drug addiction treatment program	19565
in the order of forfeiture unless the program is a certified	19566
alcohol and drug addiction treatment program and, except as	19567
provided in division (D)(1)(c)(i) of this section, unless the	19568
program is located in the county in which the court that orders	19569
the forfeiture is located or in a contiguous county. If no	19570
certified alcohol and drug addiction treatment program is located	19571
in any of those counties, the juvenile court may specify in the	19572
order a certified alcohol and drug addiction treatment program	19573
located anywhere within this state.	19574

(ii) If the forfeiture was ordered in a juvenile court,	19575
ninety per cent, and if the forfeiture was ordered in a court	19576
other than a juvenile court, one hundred per cent to the law	19577
enforcement trust fund of the prosecuting attorney and to the law	19578
enforcement trust fund of the county sheriff if the county sheriff	19579
made the seizure, to the law enforcement trust fund of a municipal	19580
corporation if its police department made the seizure, to the law	19581
enforcement trust fund of a township if the seizure was made by a	19582
township police department, township police district police force,	19583
or office of a township constable, to the law enforcement trust	19584
fund of a park district created pursuant to section 511.18 or	19585
1545.01 of the Revised Code if the seizure was made by the park	19586
district police force or law enforcement department, to the state	19587
highway patrol contraband, forfeiture, and other fund if the state	19588
highway patrol made the seizure, to the department of public	19589
safety investigative unit contraband, forfeiture, and other fund	19590
if the investigative unit of the department of public safety made	19591
the seizure, to the department of taxation enforcement fund if the	19592
department of taxation made the seizure, to the board of pharmacy	19593
drug law enforcement fund created by division (B)(1) of section	19594
4729.65 of the Revised Code if the board made the seizure, or to	19595
the treasurer of state for deposit into the peace officer training	19596
commission fund if a state law enforcement agency, other than the	19597
state highway patrol, the investigative unit of the department of	19598
public safety, the enforcement division of the department of	19599
taxation, or the state board of pharmacy, made the seizure. The	19600
prosecuting attorney may decline to accept any of the remaining	19601
proceeds or forfeited moneys, and, if the prosecuting attorney so	19602
declines, the remaining proceeds or forfeited moneys shall be	19603
applied to the fund described in this division that relates to the	19604
law enforcement agency that made the seizure.	19605

A law enforcement trust fund shall be established by the	19606
prosecuting attorney of each county who intends to receive any	19607
remaining proceeds or forfeited moneys pursuant to this division,	19608
by the sheriff of each county, by the legislative authority of	19609
each municipal corporation, by the board of township trustees of	19610
each township that has a township police department, township	19611
police district police force, or office of the constable, and by	19612
the board of park commissioners of each park district created	19613
pursuant to section 511.18 or 1545.01 of the Revised Code that has	19614
a park district police force or law enforcement department, for	19615
the purposes of this division. There is hereby created in the	19616
state treasury the state highway patrol contraband, forfeiture,	19617
and other fund, the department of public safety investigative unit	19618
contraband, forfeiture, and other fund, the department of taxation	19619
enforcement fund, and the peace officer training commission fund,	19620
for the purposes described in this division.	19621

Proceeds or forfeited moneys distributed to any municipal	19622
corporation, township, or park district law enforcement trust fund	19623
shall be allocated from the fund by the legislative authority only	19624
to the police department of the municipal corporation, by the	19625
board of township trustees only to the township police department,	19626
township police district police force, or office of the constable,	19627
and by the board of park commissioners only to the park district	19628
police force or law enforcement department.	19629

Additionally, no proceeds or forfeited moneys shall be	19630
allocated to or used by the state highway patrol, the department	19631
of public safety, the department of taxation, the state board of	19632
pharmacy, or a county sheriff, prosecuting attorney, municipal	19633
corporation police department, township police department,	19634
township police district police force, office of the constable, or	19635
park district police force or law enforcement department unless	19636
the state highway patrol, department of public safety, department	19637
of taxation, state board of pharmacy, sheriff, prosecuting	19638
attorney, municipal corporation police department, township police	19639
department, township police district police force, office of the	19640
constable, or park district police force or law enforcement	19641
department has adopted a written internal control policy under	19642
division (D)(3) of this section that addresses the use of moneys	19643
received from the state highway patrol contraband, forfeiture, and	19644
other fund, the department of public safety investigative unit	19645
contraband, forfeiture, and other fund, the department of taxation	19646
enforcement fund, the board of pharmacy drug law enforcement fund,	19647
or the appropriate law enforcement trust fund.	19648

The state highway patrol contraband, forfeiture, and other	19649
fund, the department of public safety investigative unit	19650
contraband, forfeiture, and other fund, the department of taxation	19651
enforcement fund, and a law enforcement trust fund shall be	19652
expended only in accordance with the written internal control	19653
policy so adopted by the recipient, and, subject to the	19654
requirements specified in division (D)(3)(a)(ii) of this section,	19655
only to pay the costs of protracted or complex investigations or	19656
prosecutions, to provide reasonable technical training or	19657
expertise, to provide matching funds to obtain federal grants to	19658
aid law enforcement, in the support of DARE programs or other	19659
programs designed to educate adults or children with respect to	19660
the dangers associated with the use of drugs of abuse, to pay the	19661
costs of emergency action taken under section 3745.13 of the	19662
Revised Code relative to the operation of an illegal	19663
methamphetamine laboratory if the forfeited property or money	19664
involved was that of a person responsible for the operation of the	19665
laboratory, or for other law enforcement purposes that the	19666
superintendent of the state highway patrol, department of public	19667
safety, department of taxation, prosecuting attorney, county	19668
sheriff, legislative authority, board of township trustees, or	19669
board of park commissioners determines to be appropriate. The	19670
board of pharmacy drug law enforcement fund shall be expended only	19671
in accordance with the written internal control policy so adopted	19672
by the board and only in accordance with section 4729.65 of the	19673
Revised Code, except that it also may be expended to pay the costs	19674
of emergency action taken under section 3745.13 of the Revised	19675
Code relative to the operation of an illegal methamphetamine	19676
laboratory if the forfeited property or money involved was that of	19677
a person responsible for the operation of the laboratory. The	19678
state highway patrol contraband, forfeiture, and other fund, the	19679
department of public safety investigative unit contraband,	19680
forfeiture, and other fund, the department of taxation enforcement	19681
fund, the board of pharmacy drug law enforcement fund, and a law	19682
enforcement trust fund shall not be used to meet the operating	19683
costs of the state highway patrol, of the investigative unit of	19684
the department of public safety, of the department of taxation	19685
enforcement division, of the state board of pharmacy, of any	19686
political subdivision, or of any office of a prosecuting attorney	19687
or county sheriff that are unrelated to law enforcement.	19688

Proceeds and forfeited moneys that are paid into the state	19689
treasury to be deposited into the peace officer training	19690
commission fund shall be used by the commission only to pay the	19691
costs of peace officer training.	19692

Any sheriff or prosecuting attorney who receives proceeds or	19693
forfeited moneys pursuant to this division during any calendar	19694
year shall file a report with the county auditor, no later than	19695
the thirty-first day of January of the next calendar year,	19696
verifying that the proceeds and forfeited moneys were expended	19697
only for the purposes authorized by this division and division	19698
(D)(3)(a)(ii) of this section and specifying the amounts expended	19699
for each authorized purpose. Any municipal corporation police	19700
department that is allocated proceeds or forfeited moneys from a	19701
municipal corporation law enforcement trust fund pursuant to this	19702
division during any calendar year shall file a report with the	19703
legislative authority of the municipal corporation, no later than	19704
the thirty-first day of January of the next calendar year,	19705
verifying that the proceeds and forfeited moneys were expended	19706
only for the purposes authorized by this division and division	19707
(D)(3)(a)(ii) of this section and specifying the amounts expended	19708
for each authorized purpose. Any township police department,	19709
township police district police force, or office of the constable	19710
that is allocated proceeds or forfeited moneys from a township law	19711
enforcement trust fund pursuant to this division during any	19712
calendar year shall file a report with the board of township	19713
trustees of the township, no later than the thirty-first day of	19714
January of the next calendar year, verifying that the proceeds and	19715
forfeited moneys were expended only for the purposes authorized by	19716
this division and division (D)(3)(a)(ii) of this section and	19717
specifying the amounts expended for each authorized purpose. Any	19718
park district police force or law enforcement department that is	19719
allocated proceeds or forfeited moneys from a park district law	19720
enforcement trust fund pursuant to this division during any	19721
calendar year shall file a report with the board of park	19722
commissioners of the park district, no later than the thirty-first	19723
day of January of the next calendar year, verifying that the	19724
proceeds and forfeited moneys were expended only for the purposes	19725
authorized by this division and division (D)(3)(a)(ii) of this	19726
section and specifying the amounts expended for each authorized	19727
purpose. The superintendent of the state highway patrol shall file	19728
a report with the attorney general, no later than the thirty-first	19729
day of January of each calendar year, verifying that proceeds and	19730
forfeited moneys paid into the state highway patrol contraband,	19731
forfeiture, and other fund pursuant to this division during the	19732
prior calendar year were used by the state highway patrol during	19733
the prior calendar year only for the purposes authorized by this	19734
division and specifying the amounts expended for each authorized	19735
purpose. The executive director of the state board of pharmacy	19736
shall file a report with the attorney general, no later than the	19737
thirty-first day of January of each calendar year, verifying that	19738
proceeds and forfeited moneys paid into the board of pharmacy drug	19739
law enforcement fund during the prior calendar year were used only	19740
in accordance with section 4729.65 of the Revised Code and	19741
specifying the amounts expended for each authorized purpose. The	19742
peace officer training commission shall file a report with the	19743
attorney general, no later than the thirty-first day of January of	19744
each calendar year, verifying that proceeds and forfeited moneys	19745
paid into the peace officer training commission fund pursuant to	19746
this division during the prior calendar year were used by the	19747
commission during the prior calendar year only to pay the costs of	19748
peace officer training and specifying the amount used for that	19749
purpose.	19750

The tax commissioner shall file a report with the attorney	19751
general, not later than the thirty-first day of January of each	19752
calendar year, verifying that proceeds and forfeited moneys paid	19753
into the department of taxation enforcement fund pursuant to this	19754
division during the prior calendar year were used by the	19755
enforcement division during the prior calendar year to pay only	19756
the costs of enforcing the tax laws and specifying the amount used	19757
for that purpose.	19758

(2) If more than one law enforcement agency is substantially	19759
involved in the seizure of contraband that is forfeited pursuant	19760
to this section, the court ordering the forfeiture shall equitably	19761
divide the proceeds or forfeited moneys, after calculating any	19762
distribution to the law enforcement trust fund of the prosecuting	19763
attorney pursuant to division (D)(1)(c) of this section, among any	19764
county sheriff whose office is determined by the court to be	19765
substantially involved in the seizure, any legislative authority	19766
of a municipal corporation whose police department is determined	19767
by the court to be substantially involved in the seizure, any	19768
board of township trustees whose law enforcement agency is	19769
determined by the court to be substantially involved in the	19770
seizure, any board of park commissioners of a park district whose	19771
police force or law enforcement department is determined by the	19772
court to be substantially involved in the seizure, the state board	19773
of pharmacy if it is determined by the court to be substantially	19774
involved in the seizure, the investigative unit of the department	19775
of public safety if it is determined by the court to be	19776
substantially involved in the seizure, the enforcement division of	19777
the department of taxation if it is determined by the court to be	19778
substantially involved in the seizure, and the state highway	19779
patrol if it is determined by the court to be substantially	19780
involved in the seizure. The proceeds or forfeited moneys shall be	19781
deposited in the respective law enforcement trust funds of the	19782
county sheriff, municipal corporation, township, and park	19783
district, the board of pharmacy drug law enforcement fund, the	19784
department of public safety investigative unit contraband,	19785
forfeiture, and other fund, the department of taxation enforcement	19786
fund, or the state highway patrol contraband, forfeiture, and	19787
other fund, in accordance with division (D)(1)(c) of this section.	19788
If a state law enforcement agency, other than the state highway	19789
patrol, the investigative unit of the department of public safety,	19790
the department of taxation, or the state board of pharmacy, is	19791
determined by the court to be substantially involved in the	19792
seizure, the state agency's equitable share of the proceeds and	19793
forfeited moneys shall be paid to the treasurer of state for	19794
deposit into the peace officer training commission fund.	19795

(3)(a)(i) Prior to being allocated or using any proceeds or	19796
forfeited moneys out of the state highway patrol contraband,	19797
forfeiture, and other fund, the department of public safety	19798
investigative unit contraband, forfeiture, and other fund, the	19799
department of taxation enforcement fund, the board of pharmacy	19800
drug law enforcement fund, or a law enforcement trust fund under	19801
division (D)(1)(c) of this section, the state highway patrol, the	19802
department of public safety, the department of taxation, the state	19803
board of pharmacy, and a county sheriff, prosecuting attorney,	19804
municipal corporation police department, township police	19805
department, township police district police force, office of the	19806
constable, or park district police force or law enforcement	19807
department shall adopt a written internal control policy that	19808
addresses the state highway patrol's, department of public	19809
safety's, department of taxation's, state board of pharmacy's,	19810
sheriff's, prosecuting attorney's, police department's, police	19811
force's, office of the constable's, or law enforcement	19812
department's use and disposition of all the proceeds and forfeited	19813
moneys received and that provides for the keeping of detailed	19814
financial records of the receipts of the proceeds and forfeited	19815
moneys, the general types of expenditures made out of the proceeds	19816
and forfeited moneys, the specific amount of each general type of	19817
expenditure, and the amounts, portions, and programs described in	19818
division (D)(3)(a)(ii) of this section. The policy shall not	19819
provide for or permit the identification of any specific	19820
expenditure that is made in an ongoing investigation.	19821

All financial records of the receipts of the proceeds and	19822
forfeited moneys, the general types of expenditures made out of	19823
the proceeds and forfeited moneys, the specific amount of each	19824
general type of expenditure by the state highway patrol, by the	19825
department of public safety, by the department of taxation, by the	19826
state board of pharmacy, and by a sheriff, prosecuting attorney,	19827
municipal corporation police department, township police	19828
department, township police district police force, office of the	19829
constable, or park district police force or law enforcement	19830
department, and the amounts, portions, and programs described in	19831
division (D)(3)(a)(ii) of this section are public records open for	19832
inspection under section 149.43 of the Revised Code. Additionally,	19833
a written internal control policy adopted under this division is a	19834
public record of that nature, and the state highway patrol, the	19835
department of public safety, the department of taxation, the state	19836
board of pharmacy, or the sheriff, prosecuting attorney, municipal	19837
corporation police department, township police department,	19838
township police district police force, office of the constable, or	19839
park district police force or law enforcement department that	19840
adopted it shall comply with it.	19841

(ii) The written internal control policy of a county sheriff,	19842
prosecuting attorney, municipal corporation police department,	19843
township police department, township police district police force,	19844
office of the constable, or park district police force or law	19845
enforcement department shall provide that at least ten per cent of	19846
the first one hundred thousand dollars of proceeds and forfeited	19847
moneys deposited during each calendar year in the sheriff's,	19848
prosecuting attorney's, municipal corporation's, township's, or	19849
park district's law enforcement trust fund pursuant to division	19850
(B)(7)(c)(ii) of section 2923.46 or division (B)(8)(c)(ii) of	19851
section 2925.44 of the Revised Code, and at least twenty per cent	19852
of the proceeds and forfeited moneys exceeding one hundred	19853
thousand dollars that are so deposited, shall be used in	19854
connection with community preventive education programs. The	19855
manner in which the described percentages are so used shall be	19856
determined by the sheriff, prosecuting attorney, department,	19857
police force, or office of the constable after the receipt and	19858
consideration of advice on appropriate community preventive	19859
education programs from the county's board of alcohol, drug	19860
addiction, and mental health services, from the county's alcohol	19861
and drug addiction services board, or through appropriate	19862
community dialogue. The financial records described in division	19863
(D)(3)(a)(i) of this section shall specify the amount of the	19864
proceeds and forfeited moneys deposited during each calendar year	19865
in the sheriff's, prosecuting attorney's, municipal corporation's,	19866
township's, or park district's law enforcement trust fund pursuant	19867
to division (B)(7)(c)(ii) of section 2923.46 or division	19868
(B)(8)(c)(ii) of section 2925.44 of the Revised Code, the portion	19869
of that amount that was used pursuant to the requirements of this	19870
division, and the community preventive education programs in	19871
connection with which the portion of that amount was so used.	19872

As used in this division, "community preventive education	19873
programs" includes, but is not limited to, DARE programs and other	19874
programs designed to educate adults or children with respect to	19875
the dangers associated with the use of drugs of abuse.	19876

(b) Each sheriff, prosecuting attorney, municipal corporation	19877
police department, township police department, township police	19878
district police force, office of the constable, or park district	19879
police force or law enforcement department that receives in any	19880
calendar year any proceeds or forfeited moneys out of a law	19881
enforcement trust fund under division (D)(1)(c) of this section or	19882
uses any proceeds or forfeited moneys in its law enforcement trust	19883
fund in any calendar year shall prepare a report covering the	19884
calendar year that cumulates all of the information contained in	19885
all of the public financial records kept by the sheriff,	19886
prosecuting attorney, municipal corporation police department,	19887
township police department, township police district police force,	19888
office of the constable, or park district police force or law	19889
enforcement department pursuant to division (D)(3)(a) of this	19890
section for that calendar year, and shall send a copy of the	19891
cumulative report, no later than the first day of March in the	19892
calendar year following the calendar year covered by the report,	19893
to the attorney general.	19894

The superintendent of the state highway patrol shall prepare	19895
a report covering each calendar year in which the state highway	19896
patrol uses any proceeds or forfeited moneys in the state highway	19897
patrol contraband, forfeiture, and other fund under division	19898
(D)(1)(c) of this section, that cumulates all of the information	19899
contained in all of the public financial records kept by the state	19900
highway patrol pursuant to division (D)(3)(a) of this section for	19901
that calendar year, and shall send a copy of the cumulative	19902
report, no later than the first day of March in the calendar year	19903
following the calendar year covered by the report, to the attorney	19904
general.	19905

The department of public safety shall prepare a report	19906
covering each fiscal year in which the department uses any	19907
proceeds or forfeited moneys in the department of public safety	19908
investigative unit contraband, forfeiture, and other fund under	19909
division (D)(1)(c) of this section that cumulates all of the	19910
information contained in all of the public financial records kept	19911
by the department pursuant to division (D)(3)(a) of this section	19912
for that fiscal year. The department shall send a copy of the	19913
cumulative report to the attorney general no later than the first	19914
day of August in the fiscal year following the fiscal year covered	19915
by the report. The director of public safety shall include in the	19916
report a verification that proceeds and forfeited moneys paid into	19917
the department of public safety investigative unit contraband,	19918
forfeiture, and other fund under division (D)(1)(c) of this	19919
section during the preceding fiscal year were used by the	19920
department during that fiscal year only for the purposes	19921
authorized by that division and shall specify the amount used for	19922
each authorized purpose.	19923

The tax commissioner shall prepare a report covering each	19924
calendar year in which the department of taxation enforcement	19925
division uses any proceeds or forfeited moneys in the department	19926
of taxation enforcement fund under division (D)(1)(c) of this	19927
section, that cumulates all of the information contained in all of	19928
the public financial records kept by the department of taxation	19929
enforcement division pursuant to division (D)(3)(a) of this	19930
section for that calendar year, and shall send a copy of the	19931
cumulative report, not later than the first day of March in the	19932
calendar year following the calendar year covered by the report,	19933
to the attorney general.	19934

The executive director of the state board of pharmacy shall	19935
prepare a report covering each calendar year in which the board	19936
uses any proceeds or forfeited moneys in the board of pharmacy	19937
drug law enforcement fund under division (D)(1)(c) of this	19938
section, that cumulates all of the information contained in all of	19939
the public financial records kept by the board pursuant to	19940
division (D)(3)(a) of this section for that calendar year, and	19941
shall send a copy of the cumulative report, no later than the	19942
first day of March in the calendar year following the calendar	19943
year covered by the report, to the attorney general. Each report	19944
received by the attorney general is a public record open for	19945
inspection under section 149.43 of the Revised Code. Not later	19946
than the fifteenth day of April in the calendar year in which the	19947
reports are received, the attorney general shall send to the	19948
president of the senate and the speaker of the house of	19949
representatives a written notification that does all of the	19950
following:	19951

(i) Indicates that the attorney general has received from	19952
entities or persons specified in this division reports of the type	19953
described in this division that cover the previous calendar year	19954
and indicates that the reports were received under this division;	19955

(ii) Indicates that the reports are open for inspection under	19956
section 149.43 of the Revised Code;	19957

(iii) Indicates that the attorney general will provide a copy	19958
of any or all of the reports to the president of the senate or the	19959
speaker of the house of representatives upon request.	19960

(4)(a) A law enforcement agency that receives pursuant to	19961
federal law proceeds from a sale of forfeited contraband, proceeds	19962
from another disposition of forfeited contraband, or forfeited	19963
contraband moneys shall deposit, use, and account for the proceeds	19964
or forfeited moneys in accordance with, and otherwise comply with,	19965
the applicable federal law.	19966

(b) If the state highway patrol receives pursuant to federal	19967
law proceeds from a sale of forfeited contraband, proceeds from	19968
another disposition of forfeited contraband, or forfeited	19969
contraband moneys, the appropriate governmental officials shall	19970
deposit into the state highway patrol contraband, forfeiture, and	19971
other fund all interest or other earnings derived from the	19972
investment of the proceeds or forfeited moneys. The state highway	19973
patrol shall use and account for that interest or other earnings	19974
in accordance with the applicable federal law.	19975

(c) If the investigative unit of the department of public	19976
safety receives pursuant to federal law proceeds from a sale of	19977
forfeited contraband, proceeds from another disposition of	19978
forfeited contraband, or forfeited contraband moneys, the	19979
appropriate governmental officials shall deposit into the	19980
department of public safety investigative unit contraband,	19981
forfeiture, and other fund all interest or other earnings derived	19982
from the investment of the proceeds or forfeited moneys. The	19983
department shall use and account for that interest or other	19984
earnings in accordance with the applicable federal law.	19985

(d) If the tax commissioner receives pursuant to federal law	19986
proceeds from a sale of forfeited contraband, proceeds from	19987
another disposition of forfeited contraband, or forfeited	19988
contraband moneys, the appropriate governmental officials shall	19989
deposit into the department of taxation enforcement fund all	19990
interest or other earnings derived from the investment of the	19991
proceeds or forfeited moneys. The department shall use and account	19992
for that interest or other earnings in accordance with the	19993
applicable federal law.	19994

(e) Divisions (D)(1) to (3) of this section do not apply to	19995
proceeds or forfeited moneys received pursuant to federal law or	19996
to the interest or other earnings that are derived from the	19997
investment of proceeds or forfeited moneys received pursuant to	19998
federal law and that are described in division (D)(4)(b) of this	19999
section.	20000

(E) Upon the sale pursuant to this section of any property	20001
that is required to be titled or registered under law, the state	20002
shall issue an appropriate certificate of title or registration to	20003
the purchaser. If the state is vested with title pursuant to	20004
division (C) of this section and elects to retain property that is	20005
required to be titled or registered under law, the state shall	20006
issue an appropriate certificate of title or registration.	20007

(F) Notwithstanding any provisions of this section to the	20008
contrary, any property that is lawfully seized in relation to a	20009
violation of section 2923.32 of the Revised Code shall be subject	20010
to forfeiture and disposition in accordance with sections 2923.32	20011
to 2923.36 of the Revised Code; any property that is forfeited	20012
pursuant to section 2923.44 or 2923.45 of the Revised Code in	20013
relation to a violation of section 2923.42 of the Revised Code or	20014
in relation to an act of a juvenile that is a violation of section	20015
2923.42 of the Revised Code may be subject to forfeiture and	20016
disposition in accordance with sections 2923.44 to 2923.47 of the	20017
Revised Code; and any property that is forfeited pursuant to	20018
section 2925.42 or 2925.43 of the Revised Code in relation to a	20019
felony drug abuse offense, as defined in section 2925.01 of the	20020
Revised Code, or in relation to an act that, if committed by an	20021
adult, would be a felony drug abuse offense of that nature, may be	20022
subject to forfeiture and disposition in accordance with sections	20023
2925.41 to 2925.45 of the Revised Code or this section.	20024

(G) Any failure of a law enforcement officer or agency, a	20025
prosecuting attorney, village solicitor, city director of law, or	20026
similar chief legal officer, a court, or the attorney general to	20027
comply with any duty imposed by this section in relation to any	20028
property seized or with any other provision of this section in	20029
relation to any property seized does not affect the validity of	20030
the seizure of the property, provided the seizure itself was made	20031
in accordance with law, and is not and shall not be considered to	20032
be the basis for the suppression of any evidence resulting from	20033
the seizure of the property, provided the seizure itself was made	20034
in accordance with law.	20035

(H) Contraband that has been forfeited pursuant to division	20036
(C) of this section shall not be available for use to pay any fine	20037
imposed upon a person who is convicted of or pleads guilty to an	20038
underlying criminal offense or a different offense arising out of	20039
the same facts and circumstances.	20040

Sec. 2935.01.  As used in this chapter:

20041

(A) "Magistrate" has the same meaning as in section 2931.01	20042
of the Revised Code.	20043

(B) "Peace officer" includes, except as provided in section	20044
2935.081 of the Revised Code, a sheriff; deputy sheriff; marshal;	20045
deputy marshal; member of the organized police department of any	20046
municipal corporation, including a member of the organized police	20047
department of a municipal corporation in an adjoining state	20048
serving in Ohio under a contract pursuant to section 737.04 of the	20049
Revised Code; member of a police force employed by a metropolitan	20050
housing authority under division (D) of section 3735.31 of the	20051
Revised Code; member of a police force employed by a regional	20052
transit authority under division (Y) of section 306.05 of the	20053
Revised Code; state university law enforcement officer appointed	20054
under section 3345.04 of the Revised Code; enforcement agent of	20055
the department of public safety designated under section 5502.14	20056
of the Revised Code; employee of the department of taxation to	20057
whom investigation powers have been delegated under section	20058
5743.455703.58 of the Revised Code; employee of the department of	20059
natural resources who is a natural resources law enforcement staff	20060
officer designated pursuant to section 1501.013 of the Revised	20061
Code, a forest officer designated pursuant to section 1503.29 of	20062
the Revised Code, a preserve officer designated pursuant to	20063
section 1517.10 of the Revised Code, a wildlife officer designated	20064
pursuant to section 1531.13 of the Revised Code, a park officer	20065
designated pursuant to section 1541.10 of the Revised Code, or a	20066
state watercraft officer designated pursuant to section 1547.521	20067
of the Revised Code; individual designated to perform law	20068
enforcement duties under section 511.232, 1545.13, or 6101.75 of	20069
the Revised Code; veterans' home police officer appointed under	20070
section 5907.02 of the Revised Code; special police officer	20071
employed by a port authority under section 4582.04 or 4582.28 of	20072
the Revised Code; police constable of any township; police officer	20073
of a township or joint township police district; a special police	20074
officer employed by a municipal corporation at a municipal	20075
airport, or other municipal air navigation facility, that has	20076
scheduled operations, as defined in section 119.3 of Title 14 of	20077
the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and	20078
that is required to be under a security program and is governed by	20079
aviation security rules of the transportation security	20080
administration of the United States department of transportation	20081
as provided in Parts 1542. and 1544. of Title 49 of the Code of	20082
Federal Regulations, as amended; the house sergeant at arms if the	20083
house sergeant at arms has arrest authority pursuant to division	20084
(E)(1) of section 101.311 of the Revised Code; and an assistant	20085
house sergeant at arms; officer or employee of the bureau of	20086
criminal identification and investigation established pursuant to	20087
section 109.51 of the Revised Code who has been awarded a	20088
certificate by the executive director of the Ohio peace officer	20089
training commission attesting to the officer's or employee's	20090
satisfactory completion of an approved state, county, municipal,	20091
or department of natural resources peace officer basic training	20092
program and who is providing assistance upon request to a law	20093
enforcement officer or emergency assistance to a peace officer	20094
pursuant to section 109.54 or 109.541 of the Revised Code; and,	20095
for the purpose of arrests within those areas, for the purposes of	20096
Chapter 5503. of the Revised Code, and the filing of and service	20097
of process relating to those offenses witnessed or investigated by	20098
them, the superintendent and troopers of the state highway patrol.	20099

(C) "Prosecutor" includes the county prosecuting attorney and	20100
any assistant prosecutor designated to assist the county	20101
prosecuting attorney, and, in the case of courts inferior to	20102
courts of common pleas, includes the village solicitor, city	20103
director of law, or similar chief legal officer of a municipal	20104
corporation, any such officer's assistants, or any attorney	20105
designated by the prosecuting attorney of the county to appear for	20106
the prosecution of a given case.	20107

(D) "Offense," except where the context specifically	20108
indicates otherwise, includes felonies, misdemeanors, and	20109
violations of ordinances of municipal corporations and other	20110
public bodies authorized by law to adopt penal regulations.	20111

Sec. 2935.36.  (A) The prosecuting attorney may establish	20112
pre-trial diversion programs for adults who are accused of	20113
committing criminal offenses and whom the prosecuting attorney	20114
believes probably will not offend again. The prosecuting attorney	20115
may require, as a condition of an accused's participation in the	20116
program, the accused to pay a reasonable fee for supervision	20117
services that include, but are not limited to, monitoring and drug	20118
testing. The programs shall be operated pursuant to written	20119
standards approved by journal entry by the presiding judge or, in	20120
courts with only one judge, the judge of the court of common pleas	20121
and shall not be applicable to any of the following:	20122

(1) Repeat offenders or dangerous offenders;

20123

(2) Persons accused of an offense of violence, of a violation	20124
of section 2903.06, 2907.04, 2907.05, 2907.21, 2907.22, 2907.31,	20125
2907.32, 2907.34, 2911.31, 2919.12, 2919.13, 2919.22, 2921.02,	20126
2921.11, 2921.12, 2921.32, or 2923.20 of the Revised Code, or of a	20127
violation of section 2905.01, 2905.02, or 2919.23 of the Revised	20128
Code that, had it occurred prior to July 1, 1996, would have been	20129
a violation of section 2905.04 of the Revised Code as it existed	20130
prior to that date, with the exception that the prosecuting	20131
attorney may permit persons accused of any such offense to enter a	20132
pre-trial diversion program, if the prosecuting attorney finds any	20133
of the following:	20134

(a) The accused did not cause, threaten, or intend serious	20135
physical harm to any person;	20136

(b) The offense was the result of circumstances not likely to	20137
recur;	20138

(c) The accused has no history of prior delinquency or	20139
criminal activity;	20140

(d) The accused has led a law-abiding life for a substantial	20141
time before commission of the alleged offense;	20142

(e) Substantial grounds tending to excuse or justify the	20143
alleged offense.	20144

(3) Persons accused of a violation of Chapter 2925. or 3719.	20145
of the Revised Code;	20146

(4) Drug dependent persons or persons in danger of becoming	20147
drug dependent persons, as defined in section 3719.011 of the	20148
Revised Code. However, this division does not affect the	20149
eligibility of such persons for intervention in lieu of conviction	20150
pursuant to section 2951.041 of the Revised Code.	20151

(5) Persons accused of a violation of section 4511.19 of the	20152
Revised Code or a violation of any substantially similar municipal	20153
ordinance.	20154

(B) An accused who enters a diversion program shall do all of	20155
the following:	20156

(1) Waive, in writing and contingent upon the accused's	20157
successful completion of the program, the accused's right to a	20158
speedy trial, the preliminary hearing, the time period within	20159
which the grand jury may consider an indictment against the	20160
accused, and arraignment, unless the hearing, indictment, or	20161
arraignment has already occurred;	20162

(2) Agree, in writing, to the tolling while in the program of	20163
all periods of limitation established by statutes or rules of	20164
court, that are applicable to the offense with which the accused	20165
is charged and to the conditions of the diversion program	20166
established by the prosecuting attorney;	20167

(3) Agree, in writing, to pay any reasonable fee for	20168
supervision services established by the prosecuting attorney.	20169

(C) The trial court, upon the application of the prosecuting	20170
attorney, shall order the release from confinement of any accused	20171
who has agreed to enter a pre-trial diversion program and shall	20172
discharge and release any existing bail and release any sureties	20173
on recognizances and shall release the accused on a recognizance	20174
bond conditioned upon the accused's compliance with the terms of	20175
the diversion program. The prosecuting attorney shall notify every	20176
victim of the crime and the arresting officers of the prosecuting	20177
attorney's intent to permit the accused to enter a pre-trial	20178
diversion program. The victim of the crime and the arresting	20179
officers shall have the opportunity to file written objections	20180
with the prosecuting attorney prior to the commencement of the	20181
pre-trial diversion program.	20182

(D) If the accused satisfactorily completes the diversion	20183
program, the prosecuting attorney shall recommend to the trial	20184
court that the charges against the accused be dismissed, and the	20185
court, upon the recommendation of the prosecuting attorney, shall	20186
dismiss the charges. If the accused chooses not to enter the	20187
prosecuting attorney's diversion program, or if the accused	20188
violates the conditions of the agreement pursuant to which the	20189
accused has been released, the accused may be brought to trial	20190
upon the charges in the manner provided by law, and the waiver	20191
executed pursuant to division (B)(1) of this section shall be void	20192
on the date the accused is removed from the program for the	20193
violation.	20194

(E) As used in this section:

20195

(1) "Repeat offender" means a person who has a history of	20196
persistent criminal activity and whose character and condition	20197
reveal a substantial risk that the person will commit another	20198
offense. It is prima-facie evidence that a person is a repeat	20199
offender if any of the following applies:	20200

(a) Having been convicted of one or more offenses of violence	20201
and having been imprisoned pursuant to sentence for any such	20202
offense, the person commits a subsequent offense of violence;	20203

(b) Having been convicted of one or more sexually oriented	20204
offenses as defined in section 2950.01 of the Revised Code and	20205
having been imprisoned pursuant to sentence for one or more of	20206
those offenses, the person commits a subsequent sexually oriented	20207
offense;	20208

(c) Having been convicted of one or more theft offenses as	20209
defined in section 2913.01 of the Revised Code and having been	20210
imprisoned pursuant to sentence for one or more of those theft	20211
offenses, the person commits a subsequent theft offense;	20212

(d) Having been convicted of one or more felony drug abuse	20213
offenses as defined in section 2925.01 of the Revised Code and	20214
having been imprisoned pursuant to sentence for one or more of	20215
those felony drug abuse offenses, the person commits a subsequent	20216
felony drug abuse offense;	20217

(e) Having been convicted of two or more felonies and having	20218
been imprisoned pursuant to sentence for one or more felonies, the	20219
person commits a subsequent offense;	20220

(f) Having been convicted of three or more offenses of any	20221
type or degree other than traffic offenses, alcoholic intoxication	20222
offenses, or minor misdemeanors and having been imprisoned	20223
pursuant to sentence for any such offense, the person commits a	20224
subsequent offense.	20225

(2) "Dangerous offender" means a person who has committed an	20226
offense, whose history, character, and condition reveal a	20227
substantial risk that the person will be a danger to others, and	20228
whose conduct has been characterized by a pattern of repetitive,	20229
compulsive, or aggressive behavior with heedless indifference to	20230
the consequences.	20231

Sec. 2949.091.  (A)(1) The court, in which any person is	20232
convicted of or pleads guilty to any offense other than a traffic	20233
offense that is not a moving violation, shall impose the sum of	20234
elevenfifteen dollars as costs in the case in addition to any	20235
other court costs that the court is required by law to impose upon	20236
the offender. All such moneys collected during a month shall be	20237
transmitted on or before the twentieth day of the following month	20238
by the clerk of the court to the treasurer of state and deposited	20239
by the treasurer of state into the general revenue fund. The court	20240
shall not waive the payment of the additional elevenfifteen	20241
dollars court costs, unless the court determines that the offender	20242
is indigent and waives the payment of all court costs imposed upon	20243
the indigent offender.	20244

(2) The juvenile court, in which a child is found to be a	20245
delinquent child or a juvenile traffic offender for an act which,	20246
if committed by an adult, would be an offense other than a traffic	20247
offense that is not a moving violation, shall impose the sum of	20248
elevenfifteen dollars as costs in the case in addition to any	20249
other court costs that the court is required or permitted by law	20250
to impose upon the delinquent child or juvenile traffic offender.	20251
All such moneys collected during a month shall be transmitted on	20252
or before the twentieth day of the following month by the clerk of	20253
the court to the treasurer of state and deposited by the treasurer	20254
of state into the general revenue fund. The elevenfifteen dollars	20255
court costs shall be collected in all cases unless the court	20256
determines the juvenile is indigent and waives the payment of all	20257
court costs, or enters an order on its journal stating that it has	20258
determined that the juvenile is indigent, that no other court	20259
costs are to be taxed in the case, and that the payment of the	20260
elevenfifteen dollars court costs is waived.	20261

(B) Whenever a person is charged with any offense other than	20262
a traffic offense that is not a moving violation and posts bail,	20263
the court shall add to the amount of the bail the elevenfifteen	20264
dollars required to be paid by division (A)(1) of this section.	20265
The elevenfifteen dollars shall be retained by the clerk of the	20266
court until the person is convicted, pleads guilty, forfeits bail,	20267
is found not guilty, or has the charges dismissed. If the person	20268
is convicted, pleads guilty, or forfeits bail, the clerk shall	20269
transmit the elevenfifteen dollars on or before the twentieth day	20270
of the month following the month in which the person was	20271
convicted, pleaded guilty, or forfeited bail to the treasurer of	20272
state, who shall deposit it into the general revenue fund. If the	20273
person is found not guilty or the charges are dismissed, the clerk	20274
shall return the elevenfifteen dollars to the person.	20275

(C) No person shall be placed or held in a detention facility	20276
for failing to pay the additional elevenfifteen dollars court	20277
costs or bail that are required to be paid by this section.	20278

(D) As used in this section:

20279

(1) "Moving violation" and "bail" have the same meanings as	20280
in section 2743.70 of the Revised Code.	20281

(2) "Detention facility" has the same meaning as in section	20282
2921.01 of the Revised Code.	20283

Sec. 3111.04.  (A) An action to determine the existence or	20284
nonexistence of the father and child relationship may be brought	20285
by the child or the child's personal representative, the child's	20286
mother or her personal representative, a man alleged or alleging	20287
himself to be the child's father, the child support enforcement	20288
agency of the county in which the child resides if the child's	20289
mother is a recipient of public assistance or of services under	20290
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	20291
U.S.C.A. 651, as amended, or the alleged father's personal	20292
representative.	20293

(B) An agreement does not bar an action under this section.

20294

(C) If an action under this section is brought before the	20295
birth of the child and if the action is contested, all	20296
proceedings, except service of process and the taking of	20297
depositions to perpetuate testimony, may be stayed until after the	20298
birth.	20299

(D) A recipient of public assistance or of services under	20300
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	20301
U.S.C.A. 651, as amended, shall cooperate with the child support	20302
enforcement agency of the county in which a child resides to	20303
obtain an administrative determination pursuant to sections	20304
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court	20305
determination pursuant to sections 3111.01 to 3111.18 of the	20306
Revised Code, of the existence or nonexistence of a parent and	20307
child relationship between the father and the child. If the	20308
recipient fails to cooperate, the agency may commence an action to	20309
determine the existence or nonexistence of a parent and child	20310
relationship between the father and the child pursuant to sections	20311
3111.01 to 3111.18 of the Revised Code.	20312

(E) As used in this section, "public assistance" means	20313
medical assistance under Chapter 5111. of the Revised Code,	20314
assistance under Chapter 5107. of the Revised Code, or disability	20315
financial assistance under Chapter 5115. of the Revised Code, or	20316
disability medical assistance under Chapter 5115. of the Revised	20317
Code.	20318

Sec. 3119.01.  (A) As used in the Revised Code, "child	20319
support enforcement agency" means a child support enforcement	20320
agency designated under former section 2301.35 of the Revised Code	20321
prior to October 1, 1997, or a private or government entity	20322
designated as a child support enforcement agency under section	20323
307.981 of the Revised Code.	20324

(B) As used in this chapter and Chapters 3121., 3123., and	20325
3125. of the Revised Code:	20326

(1) "Administrative child support order" means any order	20327
issued by a child support enforcement agency for the support of a	20328
child pursuant to section 3109.19 or 3111.81 of the Revised Code	20329
or former section 3111.211 of the Revised Code, section 3111.21 of	20330
the Revised Code as that section existed prior to January 1, 1998,	20331
or section 3111.20 or 3111.22 of the Revised Code as those	20332
sections existed prior to March 22, 2001.	20333

(2) "Child support order" means either a court child support	20334
order or an administrative child support order.	20335

(3) "Obligee" means the person who is entitled to receive the	20336
support payments under a support order.	20337

(4) "Obligor" means the person who is required to pay support	20338
under a support order.	20339

(5) "Support order" means either an administrative child	20340
support order or a court support order.	20341

(C) As used in this chapter:

20342

(1) "Combined gross income" means the combined gross income	20343
of both parents.	20344

(2) "Court child support order" means any order issued by a	20345
court for the support of a child pursuant to Chapter 3115. of the	20346
Revised Code, section 2151.23, 2151.231, 2151.232, 2151.33,	20347
2151.36, 2151.361, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13,	20348
3113.04, 3113.07, 3113.31, 3119.65, or 3119.70 of the Revised	20349
Code, or division (B) of former section 3113.21 of the Revised	20350
Code.	20351

(3) "Court support order" means either a court child support	20352
order or an order for the support of a spouse or former spouse	20353
issued pursuant to Chapter 3115. of the Revised Code, section	20354
3105.18, 3105.65, or 3113.31 of the Revised Code, or division (B)	20355
of former section 3113.21 of the Revised Code.	20356

(4) "Extraordinary medical expenses" means any uninsured	20357
medical expenses incurred for a child during a calendar year that	20358
exceed one hundred dollars.	20359

(5) "Income" means either of the following:

20360

(a) For a parent who is employed to full capacity, the gross	20361
income of the parent;	20362

(b) For a parent who is unemployed or underemployed, the sum	20363
of the gross income of the parent and any potential income of the	20364
parent.	20365

(6) "Insurer" means any person authorized under Title XXXIX	20366
of the Revised Code to engage in the business of insurance in this	20367
state, any health insuring corporation, and any legal entity that	20368
is self-insured and provides benefits to its employees or members.	20369

(7) "Gross income" means, except as excluded in division	20370
(C)(7) of this section, the total of all earned and unearned	20371
income from all sources during a calendar year, whether or not the	20372
income is taxable, and includes income from salaries, wages,	20373
overtime pay, and bonuses to the extent described in division (D)	20374
of section 3119.05 of the Revised Code; commissions; royalties;	20375
tips; rents; dividends; severance pay; pensions; interest; trust	20376
income; annuities; social security benefits, including retirement,	20377
disability, and survivor benefits that are not means-tested;	20378
workers' compensation benefits; unemployment insurance benefits;	20379
disability insurance benefits; benefits that are not means-tested	20380
and that are received by and in the possession of the veteran who	20381
is the beneficiary for any service-connected disability under a	20382
program or law administered by the United States department of	20383
veterans' affairs or veterans' administration; spousal support	20384
actually received; and all other sources of income. "Gross income"	20385
includes income of members of any branch of the United States	20386
armed services or national guard, including, amounts representing	20387
base pay, basic allowance for quarters, basic allowance for	20388
subsistence, supplemental subsistence allowance, cost of living	20389
adjustment, specialty pay, variable housing allowance, and pay for	20390
training or other types of required drills; self-generated income;	20391
and potential cash flow from any source.	20392

"Gross income" does not include any of the following:

20393

(a) Benefits received from means-tested government	20394
administered programs, including Ohio works first; prevention,	20395
retention, and contingency; means-tested veterans' benefits;	20396
supplemental security income; food stamps; disability financial	20397
assistance; or other assistance for which eligibility is	20398
determined on the basis of income or assets;	20399

(b) Benefits for any service-connected disability under a	20400
program or law administered by the United States department of	20401
veterans' affairs or veterans' administration that are not	20402
means-tested, that have not been distributed to the veteran who is	20403
the beneficiary of the benefits, and that are in the possession of	20404
the United States department of veterans' affairs or veterans'	20405
administration;	20406

(c) Child support received for children who were not born or	20407
adopted during the marriage at issue;	20408

(d) Amounts paid for mandatory deductions from wages such as	20409
union dues but not taxes, social security, or retirement in lieu	20410
of social security;	20411

(e) Nonrecurring or unsustainable income or cash flow items;

20412

(f) Adoption assistance and foster care maintenance payments	20413
made pursuant to Title IV-E of the "Social Security Act," 94 Stat.	20414
501, 42 U.S.C.A. 670 (1980), as amended.	20415

(8) "Nonrecurring or unsustainable income or cash flow item"	20416
means an income or cash flow item the parent receives in any year	20417
or for any number of years not to exceed three years that the	20418
parent does not expect to continue to receive on a regular basis.	20419
"Nonrecurring or unsustainable income or cash flow item" does not	20420
include a lottery prize award that is not paid in a lump sum or	20421
any other item of income or cash flow that the parent receives or	20422
expects to receive for each year for a period of more than three	20423
years or that the parent receives and invests or otherwise uses to	20424
produce income or cash flow for a period of more than three years.	20425

(9)(a) "Ordinary and necessary expenses incurred in	20426
generating gross receipts" means actual cash items expended by the	20427
parent or the parent's business and includes depreciation expenses	20428
of business equipment as shown on the books of a business entity.	20429

(b) Except as specifically included in "ordinary and	20430
necessary expenses incurred in generating gross receipts" by	20431
division (C)(9)(a) of this section, "ordinary and necessary	20432
expenses incurred in generating gross receipts" does not include	20433
depreciation expenses and other noncash items that are allowed as	20434
deductions on any federal tax return of the parent or the parent's	20435
business.	20436

(10) "Personal earnings" means compensation paid or payable	20437
for personal services, however denominated, and includes wages,	20438
salary, commissions, bonuses, draws against commissions, profit	20439
sharing, vacation pay, or any other compensation.	20440

(11) "Potential income" means both of the following for a	20441
parent who the court pursuant to a court support order, or a child	20442
support enforcement agency pursuant to an administrative child	20443
support order, determines is voluntarily unemployed or voluntarily	20444
underemployed:	20445

(a) Imputed income that the court or agency determines the	20446
parent would have earned if fully employed as determined from the	20447
following criteria:	20448

(i) The parent's prior employment experience;

20449

(ii) The parent's education;

20450

(iii) The parent's physical and mental disabilities, if any;

20451

(iv) The availability of employment in the geographic area in	20452
which the parent resides;	20453

(v) The prevailing wage and salary levels in the geographic	20454
area in which the parent resides;	20455

(vi) The parent's special skills and training;

20456

(vii) Whether there is evidence that the parent has the	20457
ability to earn the imputed income;	20458

(viii) The age and special needs of the child for whom child	20459
support is being calculated under this section;	20460

(ix) The parent's increased earning capacity because of	20461
experience;	20462

(x) Any other relevant factor.

20463

(b) Imputed income from any nonincome-producing assets of a	20464
parent, as determined from the local passbook savings rate or	20465
another appropriate rate as determined by the court or agency, not	20466
to exceed the rate of interest specified in division (A) of	20467
section 1343.03 of the Revised Code, if the income is significant.	20468

(12) "Schedule" means the basic child support schedule set	20469
forth in section 3119.021 of the Revised Code.	20470

(13) "Self-generated income" means gross receipts received by	20471
a parent from self-employment, proprietorship of a business, joint	20472
ownership of a partnership or closely held corporation, and rents	20473
minus ordinary and necessary expenses incurred by the parent in	20474
generating the gross receipts. "Self-generated income" includes	20475
expense reimbursements or in-kind payments received by a parent	20476
from self-employment, the operation of a business, or rents,	20477
including company cars, free housing, reimbursed meals, and other	20478
benefits, if the reimbursements are significant and reduce	20479
personal living expenses.	20480

(14) "Split parental rights and responsibilities" means a	20481
situation in which there is more than one child who is the subject	20482
of an allocation of parental rights and responsibilities and each	20483
parent is the residential parent and legal custodian of at least	20484
one of those children.	20485

(15) "Worksheet" means the applicable worksheet that is used	20486
to calculate a parent's child support obligation as set forth in	20487
sections 3119.022 and 3119.023 of the Revised Code.	20488

Sec. 3121.01.  As used in this chapter:

20489

(A) "Court child support order," "court support order," and	20490
"personal earnings" have the same meanings as in section 3119.01	20491
of the Revised Code.	20492

(B) "Default" means any failure to pay under a support order	20493
that is an amount greater than or equal to the amount of support	20494
payable under the support order for one month.	20495

(C) "Financial institution" means a bank, savings and loan	20496
association, or credit union, or a regulated investment company or	20497
mutual fund.	20498

(D) "Income" means any form of monetary payment, including	20499
personal earnings; workers' compensation payments; unemployment	20500
compensation benefits to the extent permitted by, and in	20501
accordance with, sections 3121.07 and 4141.284 of the Revised	20502
Code, and federal law governing the department of job and family	20503
services; pensions; annuities; allowances; private or governmental	20504
retirement benefits; disability or sick pay; insurance proceeds;	20505
lottery prize awards; federal, state, or local government benefits	20506
to the extent that the benefits can be withheld or deducted under	20507
the law governing the benefits; any form of trust fund or	20508
endowment; lump sum payments, other than a one-time pay supplement	20509
of less than one hundred fifty dollars paid under section 124.183	20510
of the Revised Code; and any other payment in money.	20511

(E) "Payor" means any person or entity that pays or	20512
distributes income to an obligor, including an obligor if the	20513
obligor is self-employed; an employer; an employer paying an	20514
obligor's workers' compensation benefits; the public employees	20515
retirement board; the governing entity of a municipal retirement	20516
system; the board of trustees of the Ohio police and fire pension	20517
fund; the state teachers retirement board; the school employees	20518
retirement board; the state highway patrol retirement board; a	20519
provider, as defined in section 3305.01 of the Revised Code; the	20520
bureau of workers' compensation; or any other person or entity	20521
other than the department of job and family services with respect	20522
to unemployment compensation benefits paid pursuant to Chapter	20523
4141. of the Revised Code.	20524

Sec. 3123.952.  A child support enforcement agency may submit	20525
the name of a delinquent obligor to the office of child support	20526
for inclusion on a poster only if all of the following apply:	20527

(A) The obligor is subject to a support order and there has	20528
been an attempt to enforce the order through a public notice, a	20529
wage withholding order, a lien on property, a financial	20530
institution deduction order, or other court-ordered procedures.	20531

(B) The department of job and family services reviewed the	20532
obligor's records and confirms the child support enforcement	20533
agency's finding that the obligor's name and photograph may be	20534
submitted to be displayed on a poster.	20535

(C) The agency does not know or is unable to verify the	20536
obligor's whereabouts.	20537

(D) The obligor is not a participant in Ohio works first or	20538
the prevention, retention, and contingency program or a recipient	20539
of disability financial assistance, supplemental security income,	20540
or food stamps.	20541

(E) The child support enforcement agency does not have	20542
evidence that the obligor has filed for protection under the	20543
federal Bankruptcy Code, 11 U.S.C.A. 101, as amended.	20544

(F) The obligee gave written authorization to the agency to	20545
display the obligor on a poster.	20546

(G) A legal representative of the agency and a child support	20547
enforcement administrator reviewed the case.	20548

(H) The agency is able to submit to the department a	20549
description and photograph of the obligor, a statement of the	20550
possible locations of the obligor, and any other information	20551
required by the department.	20552

Sec. 3125.12.  Each child support enforcement agency shall	20553
enter into a plan of cooperation with the board of county	20554
commissioners under section 307.983 of the Revised Code and comply	20555
with the partnershipeach fiscal agreement the board enters into	20556
under section 307.98 and contracts the board enters into under	20557
sections 307.981 and 307.982 of the Revised Code that affect the	20558
agency.	20559

Sec. 3301.0710.  The state board of education shall adopt	20560
rules establishing a statewide program to test student	20561
achievement. The state board shall ensure that all tests	20562
administered under the testing program are aligned with the	20563
academic standards and model curricula adopted by the state board	20564
and are created with input from Ohio parents, Ohio classroom	20565
teachers, Ohio school administrators, and other Ohio school	20566
personnel pursuant to section 3301.079 of the Revised Code.	20567

The testing program shall be designed to ensure that students	20568
who receive a high school diploma demonstrate at least high school	20569
levels of achievement in reading, writing, mathematics, science,	20570
and social studies.	20571

(A)(1) The state board shall prescribe all of the following:

20572

(a) A statewide achievement test designed to measure the	20573
level of reading skill expected at the end of third grade;	20574

(b) Two statewide achievement tests, one each designed to	20575
measure the level of writing and mathematics skill expected at the	20576
end of fourth grade;	20577

(c) Two statewide achievement tests, one each designed to	20578
measure the level of science and social studies skill expected at	20579
the end of fifth grade;	20580

(d) Three statewide achievement tests, one each designed to	20581
measure the level of reading, writing, and mathematics skill	20582
expected at the end of seventh grade;	20583

(e) Two statewide achievement tests, one each designed to	20584
measure the level of science and social studies skill expected at	20585
the end of eighth grade.	20586

(2) The state board shall determine and designate at least	20587
four ranges of scores on each of the achievement tests described	20588
in division (A)(1) of this section. Each range of scores shall be	20589
deemed to demonstrate a level of achievement so that any student	20590
attaining a score within such range has achieved one of the	20591
following:	20592

(a) An advanced level of skill;

20593

(b) A proficient level of skill;

20594

(c) A basic level of skill;

20595

(d) A below basic level of skill.

20596

(B) The tests prescribed under this division shall	20597
collectively be known as the Ohio graduation tests. The state	20598
board shall prescribe five statewide high school achievement	20599
tests, one each designed to measure the level of reading, writing,	20600
mathematics, science, and social studies skill expected at the end	20601
of tenth grade, and shall determine and designate the score on	20602
each such test that shall be deemed to demonstrate that any	20603
student attaining such score has achieved at least a proficient	20604
level of skill appropriate for tenth grade.	20605

The state board may enter into a reciprocal agreement with	20606
the appropriate body or agency of any other state that has similar	20607
statewide achievement testing requirements for receiving high	20608
school diplomas, under which any student who has met an	20609
achievement testing requirement of one state is recognized as	20610
having met the similar achievement testing requirement of the	20611
other state for purposes of receiving a high school diploma. For	20612
purposes of this section and sections 3301.0711 and 3313.61 of the	20613
Revised Code, any student enrolled in any public high school in	20614
this state who has met an achievement testing requirement	20615
specified in a reciprocal agreement entered into under this	20616
division shall be deemed to have attained at least the applicable	20617
score designated under this division on each test required by this	20618
division that is specified in the agreement.	20619

(C) The state board shall annually designate as follows the	20620
dates on which the tests prescribed under this section shall be	20621
administered:	20622

(1) For the test prescribed under division (A)(1)(a) of this	20623
section, as follows:	20624

(a) One date prior to the thirty-first day of December each	20625
school year;	20626

(b) At least one date of each school year that is not earlier	20627
than Monday of the week containing the eighth day of March;	20628

(c) One date during the summer for students receiving summer	20629
remediation services under section 3313.608 of the Revised Code.	20630

(2) For the tests prescribed under divisions (A)(1)(b), (c),	20631
(d), and (e) of this section, at least one date of each school	20632
year that is not earlier than Monday of the week containing the	20633
eighth day of March;	20634

(3) For the tests prescribed under division (B) of this	20635
section, at least one date in each school year that is not earlier	20636
than Monday of the week containing the fifteenth day of March for	20637
all tenth grade students and at least one date prior to the	20638
thirty-first day of December and at least one date subsequent to	20639
that date but prior to the thirty-first day of March of each	20640
school year for eleventh and twelfth grade students.	20641

(D) In prescribing test dates pursuant to division (C)(3) of	20642
this section, the board shall, to the greatest extent practicable,	20643
provide options to school districts in the case of tests	20644
administered under that division to eleventh and twelfth grade	20645
students and in the case of tests administered to students	20646
pursuant to division (C)(2) of section 3301.0711 of the Revised	20647
Code. Such options shall include at least an opportunity for	20648
school districts to give such tests outside of regular school	20649
hours.	20650

(E) In prescribing test dates pursuant to this section, the	20651
state board of education shall designate the dates in such a way	20652
as to allow a reasonable length of time between the administration	20653
of tests prescribed under this section and any administration of	20654
the National Assessment of Education Progress Test given to	20655
students in the same grade level pursuant to section 3301.27 of	20656
the Revised Code.	20657

(F) The state board shall prescribe a practice version of	20658
each Ohio graduation test described in division (B) of this	20659
section that is of comparable length to the actual test.	20660

Sec. 3301.0711.  (A) The department of education shall:

20661

(1) Annually furnish to, grade, and score all tests required	20662
by section 3301.0710 of the Revised Code to be administered by	20663
city, local, exempted village, and joint vocational school	20664
districts, except that each district shall score any test	20665
administered pursuant to division (B)(8) of this section. In	20666
furnishing the practice versions of Ohio graduation tests	20667
prescribed by division (F) of section 3301.0710 of the Revised	20668
Code, the department shall make the tests available on its website	20669
for reproduction by districts. In awarding contracts for grading	20670
tests, the department shall give preference to Ohio-based entities	20671
employing Ohio residents.	20672

(2) Adopt rules for the ethical use of tests and prescribing	20673
the manner in which the tests prescribed by section 3301.0710 of	20674
the Revised Code shall be administered to students.	20675

(B) Except as provided in divisions (C) and (J) of this	20676
section, the board of education of each city, local, and exempted	20677
village school district shall, in accordance with rules adopted	20678
under division (A) of this section:	20679

(1) Administer the test prescribed under division (A)(1)(a)	20680
of section 3301.0710 of the Revised Code twice annually to all	20681
students in the third grade who have not attained the score	20682
designated for that test under division (A)(2)(b) of section	20683
3301.0710 of the Revised Code and once each summer to students	20684
receiving summer remediation services under section 3313.608 of	20685
the Revised Code.	20686

(2) Administer the tests prescribed under division (A)(1)(b)	20687
of section 3301.0710 of the Revised Code at least once annually to	20688
all students in the fourth grade.	20689

(3) Administer the tests prescribed under division (A)(1)(c)	20690
of section 3301.0710 of the Revised Code at least once annually to	20691
all students in the fifth grade.	20692

(4) Administer the tests prescribed under division (A)(1)(d)	20693
of section 3301.0710 of the Revised Code at least once annually to	20694
all students in the seventh grade.	20695

(5) Administer the tests prescribed under division (A)(1)(e)	20696
of section 3301.0710 of the Revised Code at least once annually to	20697
all students in the eighth grade.	20698

(6) Except as provided in division (B)(7) of this sections	20699
section, administer any test prescribed under division (B) of	20700
section 3301.0710 of the Revised Code as follows:	20701

(a) At least once annually to all tenth grade students and at	20702
least twice annually to all students in eleventh or twelfth grade	20703
who have not yet attained the score on that test designated under	20704
that division;	20705

(b) To any person who has successfully completed the	20706
curriculum in any high school or the individualized education	20707
program developed for the person by any high school pursuant to	20708
section 3323.08 of the Revised Code but has not received a high	20709
school diploma and who requests to take such test, at any time	20710
such test is administered in the district.	20711

(7) In lieu of the board of education of any city, local, or	20712
exempted village school district in which the student is also	20713
enrolled, the board of a joint vocational school district shall	20714
administer any test prescribed under division (B) of section	20715
3301.0710 of the Revised Code at least twice annually to any	20716
student enrolled in the joint vocational school district who has	20717
not yet attained the score on that test designated under that	20718
division. A board of a joint vocational school district may also	20719
administer such a test to any student described in division	20720
(B)(6)(b) of this section.	20721

(8) If the district has been declared to be under an academic	20722
watch or in a state of academic emergency pursuant to section	20723
3302.03 of the Revised Code, administer each test prescribed by	20724
division (F) of section 3301.0710 of the Revised Code in September	20725
to all ninth grade students, beginning in the school year that	20726
starts July 1, 2004.	20727

(C)(1)(a) Any student receiving special education services	20728
under Chapter 3323. of the Revised Code may be excused from taking	20729
any particular test required to be administered under this section	20730
if the individualized education program developed for the student	20731
pursuant to section 3323.08 of the Revised Code excuses the	20732
student from taking that test and instead specifies an alternate	20733
assessment method approved by the department of education as	20734
conforming to requirements of federal law for receipt of federal	20735
funds for disadvantaged pupils. To the extent possible, the	20736
individualized education program shall not excuse the student from	20737
taking a test unless no reasonable accommodation can be made to	20738
enable the student to take the test.	20739

(b) Any alternate assessment approved by the department for a	20740
student under this division shall produce measurable results	20741
comparable to those produced by the tests which the alternate	20742
assessments are replacing in order to allow for the student's	20743
assessment results to be included in the data compiled for a	20744
school district under section 3302.03 of the Revised Code.	20745

(c) Any student enrolled in a chartered nonpublic school who	20746
has been identified, based on an evaluation conducted in	20747
accordance with section 3323.03 of the Revised Code or section 504	20748
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	20749
794, as amended, as a child with a disability shall be excused	20750
from taking any particular test required to be administered under	20751
this section if a plan developed for the student pursuant to rules	20752
adopted by the state board excuses the student from taking that	20753
test. In the case of any student so excused from taking a test,	20754
the chartered nonpublic school shall not prohibit the student from	20755
taking the test.	20756

(2) A district board may, for medical reasons or other good	20757
cause, excuse a student from taking a test administered under this	20758
section on the date scheduled, but any such test shall be	20759
administered to such excused student not later than nine days	20760
following the scheduled date. The board shall annually report the	20761
number of students who have not taken one or more of the tests	20762
required by this section to the state board of education not later	20763
than the thirtieth day of June.	20764

(3) As used in this division, "English-limited student" means	20765
a student whose primary language is not English, who has been	20766
enrolled in United States schools for less than three full school	20767
years, and who within the school year has been identified, in	20768
accordance with criteria provided by the department of education,	20769
as lacking adequate proficiency in English for a test under this	20770
section to produce valid results with respect to that student's	20771
academic progress.	20772

A school district board or governing authority of a nonpublic	20773
school may grant a temporary, one-year exemption from any test	20774
administered under this section to an English-limited student. Not	20775
more than three temporary one-year exemptions may be granted to	20776
any student. During any school year in which a student is excused	20777
from taking one or more tests administered under this section, the	20778
school district shall assess that student's progress in learning	20779
English, in accordance with procedures approved by the department.	20780

No district board or governing authority of a chartered	20781
nonpublic school shall prohibit an English-limited student from	20782
taking a test under this section.	20783

(D) This division does not apply to any student receiving	20784
services pursuant to an individualized education program developed	20785
for the student pursuant to section 3323.08 of the Revised Code.	20786

(1) In the school year next succeeding the school year in	20787
which the tests prescribed by division (A)(1) of section 3301.0710	20788
of the Revised Code or former division (A)(1), (A)(2), or (B) of	20789
section 3301.0710 of the Revised Code as it existed prior to the	20790
effective date of this amendmentSeptember 11, 2001, are	20791
administered to any student, the board of education of any school	20792
district in which the student is enrolled in that year shall	20793
provide to the student intervention services commensurate with the	20794
student's test performance, including any intensive intervention	20795
required under section 3313.608 of the Revised Code, in any skill	20796
in which the student failed to demonstrate at least a score at the	20797
proficient level on a proficiency test or a score in the basic	20798
range on an achievement test. This division does not apply to any	20799
student receiving services pursuant to an individualized education	20800
program developed for the student pursuant to section 3323.08 of	20801
the Revised Code.	20802

(2) Following any administration of the tests prescribed by	20803
division (F) of section 3301.0710 of the Revised Code to ninth	20804
grade students, each school district that has been declared to be	20805
in a state of academic emergency pursuant to section 3302.03 of	20806
the Revised Code shall determine for each high school in the	20807
district whether the school shall be required to provide	20808
intervention services to any students who took the tests. In	20809
determining which high schools shall provide intervention services	20810
based on the resources available, the district shall consider each	20811
school's graduation rate and scores on the practice tests. If any	20812
achievement tests in reading and math are adopted by the state	20813
board of education for administration in the eighth grade, the	20814
district also shall consider the scores received by ninth grade	20815
students on those tests in the eighth grade in determining which	20816
high schools shall provide intervention services.	20817

Each high school selected to provide intervention services	20818
under this division shall provide intervention services to any	20819
student whose test results indicate that the student is failing to	20820
make satisfactory progress toward being able to attain scores at	20821
the proficient level on the Ohio Graduation Tests. Intervention	20822
services shall be provided in any skill in which a student	20823
demonstrates unsatisfactory progress and shall be commensurate	20824
with the student's test performance. Schools shall provide the	20825
intervention services prior to the end of the school year, during	20826
the summer following the ninth grade, in the next succeeding	20827
school year, or at any combination of those times.	20828

(E) Except as provided in section 3313.608 of the Revised	20829
Code and division (M) of this section, no school district board of	20830
education shall utilize any student's failure to attain a	20831
specified score on any test administered under this section as a	20832
factor in any decision to deny the student promotion to a higher	20833
grade level. However, a district board may choose not to promote	20834
to the next grade level any student who does not take any test	20835
administered under this section or make up such test as provided	20836
by division (C)(2) of this section and who is not exempted from	20837
the requirement to take the test under division (C)(1) or (3) of	20838
this section.	20839

(F) No person shall be charged a fee for taking any test	20840
administered under this section.	20841

(G) Not later than sixty days after any administration of any	20842
test prescribed by section 3301.0710 of the Revised Code, the	20843
department shall send to each school district board a list of the	20844
individual test scores of all persons taking the test. For any	20845
tests administered under this section by a joint vocational school	20846
district, the department shall also send to each city, local, or	20847
exempted village school district a list of the individual test	20848
scores of any students of such city, local, or exempted village	20849
school district who are attending school in the joint vocational	20850
school district.	20851

(H) Individual test scores on any tests administered under	20852
this section shall be released by a district board only in	20853
accordance with section 3319.321 of the Revised Code and the rules	20854
adopted under division (A) of this section. No district board or	20855
its employees shall utilize individual or aggregate test results	20856
in any manner that conflicts with rules for the ethical use of	20857
tests adopted pursuant to division (A) of this section.	20858

(I) Except as provided in division (G) of this section, the	20859
department shall not release any individual test scores on any	20860
test administered under this section and shall adopt rules to	20861
ensure the protection of student confidentiality at all times.	20862

(J) Notwithstanding division (D) of section 3311.52 of the	20863
Revised Code, this section does not apply to the board of	20864
education of any cooperative education school district except as	20865
provided under rules adopted pursuant to this division.	20866

(1) In accordance with rules that the state board of	20867
education shall adopt, the board of education of any city,	20868
exempted village, or local school district with territory in a	20869
cooperative education school district established pursuant to	20870
divisions (A) to (C) of section 3311.52 of the Revised Code may	20871
enter into an agreement with the board of education of the	20872
cooperative education school district for administering any test	20873
prescribed under this section to students of the city, exempted	20874
village, or local school district who are attending school in the	20875
cooperative education school district.	20876

(2) In accordance with rules that the state board of	20877
education shall adopt, the board of education of any city,	20878
exempted village, or local school district with territory in a	20879
cooperative education school district established pursuant to	20880
section 3311.521 of the Revised Code shall enter into an agreement	20881
with the cooperative district that provides for the administration	20882
of any test prescribed under this section to both of the	20883
following:	20884

(a) Students who are attending school in the cooperative	20885
district and who, if the cooperative district were not	20886
established, would be entitled to attend school in the city,	20887
local, or exempted village school district pursuant to section	20888
3313.64 or 3313.65 of the Revised Code;	20889

(b) Persons described in division (B)(6)(b) of this section.

20890

Any testing of students pursuant to such an agreement shall	20891
be in lieu of any testing of such students or persons pursuant to	20892
this section.	20893

(K)(1) Any chartered nonpublic school may participate in the	20894
testing program by administering any of the tests prescribed by	20895
section 3301.0710 of the Revised Code if the chief administrator	20896
of the school specifies which tests the school wishes to	20897
administer. Such specification shall be made in writing to the	20898
superintendent of public instruction prior to the first day of	20899
August of any school year in which tests are administered and	20900
shall include a pledge that the nonpublic school will administer	20901
the specified tests in the same manner as public schools are	20902
required to do under this section and rules adopted by the	20903
department.	20904

(2) The department of education shall furnish the tests	20905
prescribed by section 3301.0710 of the Revised Code to any	20906
chartered nonpublic school electing to participate under this	20907
division.	20908

(L)(1) The superintendent of the state school for the blind	20909
and the superintendent of the state school for the deaf shall	20910
administer the tests described by section 3301.0710 of the Revised	20911
Code. Each superintendent shall administer the tests in the same	20912
manner as district boards are required to do under this section	20913
and rules adopted by the department of education and in conformity	20914
with division (C)(1)(a) of this section.	20915

(2) The department of education shall furnish the tests	20916
described by section 3301.0710 of the Revised Code to each	20917
superintendent.	20918

(M) Notwithstanding division (E) of this section, a school	20919
district may use a student's failure to attain a score in at least	20920
the basic range on any of the tests described by division	20921
(A)(1)(b), (c), (d), or (e) of section 3301.0710 of the Revised	20922
Code as a factor in retaining that student in the current grade	20923
level.	20924

(N)(1) All tests required by section 3301.0710 of the Revised	20925
Code shall become public records pursuant to section 149.43 of the	20926
Revised Code on the first day of July following the school year	20927
that the test was administered.	20928

(2) The department may field test proposed test questions	20929
with samples of students to determine the validity, reliability,	20930
or appropriateness of test questions for possible inclusion in a	20931
future year's test.	20932

Field test questions shall not be considered in computing	20933
test scores for individual students. Field test questions may be	20934
included as part of the administration of any test required by	20935
section 3301.0710 of the Revised Code.	20936

(3) Any field test question administered under division	20937
(N)(2) of this section shall not be a public record. Such field	20938
test questions shall be redacted from any tests which are released	20939
as a public record pursuant to division (N)(1) of this section.	20940

Sec. 3301.0714.  (A) The state board of education shall adopt	20941
rules for a statewide education management information system. The	20942
rules shall require the state board to establish guidelines for	20943
the establishment and maintenance of the system in accordance with	20944
this section and the rules adopted under this section. The	20945
guidelines shall include:	20946

(1) Standards identifying and defining the types of data in	20947
the system in accordance with divisions (B) and (C) of this	20948
section;	20949

(2) Procedures for annually collecting and reporting the data	20950
to the state board in accordance with division (D) of this	20951
section;	20952

(3) Procedures for annually compiling the data in accordance	20953
with division (G) of this section;	20954

(4) Procedures for annually reporting the data to the public	20955
in accordance with division (H) of this section.	20956

(B) The guidelines adopted under this section shall require	20957
the data maintained in the education management information system	20958
to include at least the following:	20959

(1) Student participation and performance data, for each	20960
grade in each school district as a whole and for each grade in	20961
each school building in each school district, that includes:	20962

(a) The numbers of students receiving each category of	20963
instructional service offered by the school district, such as	20964
regular education instruction, vocational education instruction,	20965
specialized instruction programs or enrichment instruction that is	20966
part of the educational curriculum, instruction for gifted	20967
students, instruction for handicapped students, and remedial	20968
instruction. The guidelines shall require instructional services	20969
under this division to be divided into discrete categories if an	20970
instructional service is limited to a specific subject, a specific	20971
type of student, or both, such as regular instructional services	20972
in mathematics, remedial reading instructional services,	20973
instructional services specifically for students gifted in	20974
mathematics or some other subject area, or instructional services	20975
for students with a specific type of handicap. The categories of	20976
instructional services required by the guidelines under this	20977
division shall be the same as the categories of instructional	20978
services used in determining cost units pursuant to division	20979
(C)(3) of this section.	20980

(b) The numbers of students receiving support or	20981
extracurricular services for each of the support services or	20982
extracurricular programs offered by the school district, such as	20983
counseling services, health services, and extracurricular sports	20984
and fine arts programs. The categories of services required by the	20985
guidelines under this division shall be the same as the categories	20986
of services used in determining cost units pursuant to division	20987
(C)(4)(a) of this section.	20988

(c) Average student grades in each subject in grades nine	20989
through twelve;	20990

(d) Academic achievement levels as assessed by the testing of	20991
student achievement under sections 3301.0710 and 3301.0711 of the	20992
Revised Code;	20993

(e) The number of students designated as having a	20994
handicapping condition pursuant to division (C)(1) of section	20995
3301.0711 of the Revised Code;	20996

(f) The numbers of students reported to the state board	20997
pursuant to division (C)(2) of section 3301.0711 of the Revised	20998
Code;	20999

(g) Attendance rates and the average daily attendance for the	21000
year. For purposes of this division, a student shall be counted as	21001
present for any field trip that is approved by the school	21002
administration.	21003

(h) Expulsion rates;

21004

(i) Suspension rates;

21005

(j) The percentage of students receiving corporal punishment;

21006

(k) Dropout rates;

21007

(l) Rates of retention in grade;

21008

(m) For pupils in grades nine through twelve, the average	21009
number of carnegie units, as calculated in accordance with state	21010
board of education rules;	21011

(n) Graduation rates, to be calculated in a manner specified	21012
by the department of education that reflects the rate at which	21013
students who were in the ninth grade three years prior to the	21014
current year complete school and that is consistent with	21015
nationally accepted reporting requirements;	21016

(o) Results of diagnostic assessments administered to	21017
kindergarten students as required under section 3301.0715 of the	21018
Revised Code to permit a comparison of the academic readiness of	21019
kindergarten students. However, no district shall be required to	21020
report to the department the results of any diagnostic assessment	21021
administered to a kindergarten student if the parent of that	21022
student requests the district not to report those results.	21023

(2) Personnel and classroom enrollment data for each school	21024
district, including:	21025

(a) The total numbers of licensed employees and nonlicensed	21026
employees and the numbers of full-time equivalent licensed	21027
employees and nonlicensed employees providing each category of	21028
instructional service, instructional support service, and	21029
administrative support service used pursuant to division (C)(3) of	21030
this section. The guidelines adopted under this section shall	21031
require these categories of data to be maintained for the school	21032
district as a whole and, wherever applicable, for each grade in	21033
the school district as a whole, for each school building as a	21034
whole, and for each grade in each school building.	21035

(b) The total number of employees and the number of full-time	21036
equivalent employees providing each category of service used	21037
pursuant to divisions (C)(4)(a) and (b) of this section, and the	21038
total numbers of licensed employees and nonlicensed employees and	21039
the numbers of full-time equivalent licensed employees and	21040
nonlicensed employees providing each category used pursuant to	21041
division (C)(4)(c) of this section. The guidelines adopted under	21042
this section shall require these categories of data to be	21043
maintained for the school district as a whole and, wherever	21044
applicable, for each grade in the school district as a whole, for	21045
each school building as a whole, and for each grade in each school	21046
building.	21047

(c) The total number of regular classroom teachers teaching	21048
classes of regular education and the average number of pupils	21049
enrolled in each such class, in each of grades kindergarten	21050
through five in the district as a whole and in each school	21051
building in the school district.	21052

(3)(a) Student demographic data for each school district,	21053
including information regarding the gender ratio of the school	21054
district's pupils, the racial make-up of the school district's	21055
pupils, and an appropriate measure of the number of the school	21056
district's pupils who reside in economically disadvantaged	21057
households. The demographic data shall be collected in a manner to	21058
allow correlation with data collected under division (B)(1) of	21059
this section. Categories for data collected pursuant to division	21060
(B)(3) of this section shall conform, where appropriate, to	21061
standard practices of agencies of the federal government.	21062

(b) With respect to each student entering kindergarten,	21063
whether the student previously participated in a public preschool	21064
program, a private preschool program, or a head start program, and	21065
the number of years the student participated in each of these	21066
programs.	21067

(C) The education management information system shall include	21068
cost accounting data for each district as a whole and for each	21069
school building in each school district. The guidelines adopted	21070
under this section shall require the cost data for each school	21071
district to be maintained in a system of mutually exclusive cost	21072
units and shall require all of the costs of each school district	21073
to be divided among the cost units. The guidelines shall require	21074
the system of mutually exclusive cost units to include at least	21075
the following:	21076

(1) Administrative costs for the school district as a whole.	21077
The guidelines shall require the cost units under this division	21078
(C)(1) to be designed so that each of them may be compiled and	21079
reported in terms of average expenditure per pupil in formula ADM	21080
in the school district, as determined pursuant to section 3317.03	21081
of the Revised Code.	21082

(2) Administrative costs for each school building in the	21083
school district. The guidelines shall require the cost units under	21084
this division (C)(2) to be designed so that each of them may be	21085
compiled and reported in terms of average expenditure per	21086
full-time equivalent pupil receiving instructional or support	21087
services in each building.	21088

(3) Instructional services costs for each category of	21089
instructional service provided directly to students and required	21090
by guidelines adopted pursuant to division (B)(1)(a) of this	21091
section. The guidelines shall require the cost units under	21092
division (C)(3) of this section to be designed so that each of	21093
them may be compiled and reported in terms of average expenditure	21094
per pupil receiving the service in the school district as a whole	21095
and average expenditure per pupil receiving the service in each	21096
building in the school district and in terms of a total cost for	21097
each category of service and, as a breakdown of the total cost, a	21098
cost for each of the following components:	21099

(a) The cost of each instructional services category required	21100
by guidelines adopted under division (B)(1)(a) of this section	21101
that is provided directly to students by a classroom teacher;	21102

(b) The cost of the instructional support services, such as	21103
services provided by a speech-language pathologist, classroom	21104
aide, multimedia aide, or librarian, provided directly to students	21105
in conjunction with each instructional services category;	21106

(c) The cost of the administrative support services related	21107
to each instructional services category, such as the cost of	21108
personnel that develop the curriculum for the instructional	21109
services category and the cost of personnel supervising or	21110
coordinating the delivery of the instructional services category.	21111

(4) Support or extracurricular services costs for each	21112
category of service directly provided to students and required by	21113
guidelines adopted pursuant to division (B)(1)(b) of this section.	21114
The guidelines shall require the cost units under division (C)(4)	21115
of this section to be designed so that each of them may be	21116
compiled and reported in terms of average expenditure per pupil	21117
receiving the service in the school district as a whole and	21118
average expenditure per pupil receiving the service in each	21119
building in the school district and in terms of a total cost for	21120
each category of service and, as a breakdown of the total cost, a	21121
cost for each of the following components:	21122

(a) The cost of each support or extracurricular services	21123
category required by guidelines adopted under division (B)(1)(b)	21124
of this section that is provided directly to students by a	21125
licensed employee, such as services provided by a guidance	21126
counselor or any services provided by a licensed employee under a	21127
supplemental contract;	21128

(b) The cost of each such services category provided directly	21129
to students by a nonlicensed employee, such as janitorial	21130
services, cafeteria services, or services of a sports trainer;	21131

(c) The cost of the administrative services related to each	21132
services category in division (C)(4)(a) or (b) of this section,	21133
such as the cost of any licensed or nonlicensed employees that	21134
develop, supervise, coordinate, or otherwise are involved in	21135
administering or aiding the delivery of each services category.	21136

(D)(1) The guidelines adopted under this section shall	21137
require school districts to collect information about individual	21138
students, staff members, or both in connection with any data	21139
required by division (B) or (C) of this section or other reporting	21140
requirements established in the Revised Code. The guidelines may	21141
also require school districts to report information about	21142
individual staff members in connection with any data required by	21143
division (B) or (C) of this section or other reporting	21144
requirements established in the Revised Code. The guidelines shall	21145
not authorize school districts to request social security numbers	21146
of individual students. The guidelines shall prohibit the	21147
reporting under this section of a student's name, address, and	21148
social security number to the state board of education or the	21149
department of education. The guidelines shall also prohibit the	21150
reporting under this section of any personally identifiable	21151
information about any student, except for the purpose of assigning	21152
the data verification code required by division (D)(2) of this	21153
section, to any other person unless such person is employed by the	21154
school district or the data acquisition site operated under	21155
section 3301.075 of the Revised Code and is authorized by the	21156
district or acquisition site to have access to such information.	21157
The guidelines may require school districts to provide the social	21158
security numbers of individual staff members.	21159

(2) The guidelines shall provide for each school district or	21160
community school to assign a data verification code that is unique	21161
on a statewide basis over time to each student whose initial Ohio	21162
enrollment is in that district or school and to report all	21163
required individual student data for that student utilizing such	21164
code. The guidelines shall also provide for assigning data	21165
verification codes to all students enrolled in districts or	21166
community schools on the effective date of the guidelines	21167
established under this section.	21168

Individual student data shall be reported to the department	21169
through the data acquisition sites utilizing the code but at no	21170
time shall the state board or the department have access to	21171
information that would enable any data verification code to be	21172
matched to personally identifiable student data.	21173

Each school district shall ensure that the data verification	21174
code is included in the student's records reported to any	21175
subsequent school district or community school in which the	21176
student enrolls and shall remove all references to the code in any	21177
records retained in the district or school that pertain to any	21178
student no longer enrolled. Any such subsequent district or school	21179
shall utilize the same identifier in its reporting of data under	21180
this section.	21181

(E) The guidelines adopted under this section may require	21182
school districts to collect and report data, information, or	21183
reports other than that described in divisions (A), (B), and (C)	21184
of this section for the purpose of complying with other reporting	21185
requirements established in the Revised Code. The other data,	21186
information, or reports may be maintained in the education	21187
management information system but are not required to be compiled	21188
as part of the profile formats required under division (G) of this	21189
section or the annual statewide report required under division (H)	21190
of this section.	21191

(F) Beginning with the school year that begins July 1, 1991,	21192
the board of education of each school district shall annually	21193
collect and report to the state board, in accordance with the	21194
guidelines established by the board, the data required pursuant to	21195
this section. A school district may collect and report these data	21196
notwithstanding section 2151.358 or 3319.321 of the Revised Code.	21197

(G) The state board shall, in accordance with the procedures	21198
it adopts, annually compile the data reported by each school	21199
district pursuant to division (D) of this section. The state board	21200
shall design formats for profiling each school district as a whole	21201
and each school building within each district and shall compile	21202
the data in accordance with these formats. These profile formats	21203
shall:	21204

(1) Include all of the data gathered under this section in a	21205
manner that facilitates comparison among school districts and	21206
among school buildings within each school district;	21207

(2) Present the data on academic achievement levels as	21208
assessed by the testing of student achievement maintained pursuant	21209
to division (B)(1)(e) of this section so that the academic	21210
achievement levels of students who are excused from taking any	21211
such test pursuant to division (C)(1) of section 3301.0711 of the	21212
Revised Code are distinguished from the academic achievement	21213
levels of students who are not so excused.	21214

(H)(1) The state board shall, in accordance with the	21215
procedures it adopts, annually prepare a statewide report for all	21216
school districts and the general public that includes the profile	21217
of each of the school districts developed pursuant to division (G)	21218
of this section. Copies of the report shall be sent to each school	21219
district.	21220

(2) The state board shall, in accordance with the procedures	21221
it adopts, annually prepare an individual report for each school	21222
district and the general public that includes the profiles of each	21223
of the school buildings in that school district developed pursuant	21224
to division (G) of this section. Copies of the report shall be	21225
sent to the superintendent of the district and to each member of	21226
the district board of education.	21227

(3) Copies of the reports received from the state board under	21228
divisions (H)(1) and (2) of this section shall be made available	21229
to the general public at each school district's offices. Each	21230
district board of education shall make copies of each report	21231
available to any person upon request and payment of a reasonable	21232
fee for the cost of reproducing the report. The board shall	21233
annually publish in a newspaper of general circulation in the	21234
school district, at least twice during the two weeks prior to the	21235
week in which the reports will first be available, a notice	21236
containing the address where the reports are available and the	21237
date on which the reports will be available.	21238

(I) Any data that is collected or maintained pursuant to this	21239
section and that identifies an individual pupil is not a public	21240
record for the purposes of section 149.43 of the Revised Code.	21241

(J) As used in this section:

21242

(1) "School district" means any city, local, exempted	21243
village, or joint vocational school district.	21244

(2) "Cost" means any expenditure for operating expenses made	21245
by a school district excluding any expenditures for debt	21246
retirement except for payments made to any commercial lending	21247
institution for any loan approved pursuant to section 3313.483 of	21248
the Revised Code.	21249

(K) Any person who removes data from the information system	21250
established under this section for the purpose of releasing it to	21251
any person not entitled under law to have access to such	21252
information is subject to section 2913.42 of the Revised Code	21253
prohibiting tampering with data.	21254

(L) Any time the department of education determines that a	21255
school district has taken any of the actions described under	21256
division (L)(1), (2), or (3) of this section, it shall make a	21257
report of the actions of the district, send a copy of the report	21258
to the superintendent of such school district, and maintain a copy	21259
of the report in its files:	21260

(1) The school district fails to meet any deadline	21261
established pursuant to this section for the reporting of any data	21262
to the education management information system;	21263

(2) The school district fails to meet any deadline	21264
established pursuant to this section for the correction of any	21265
data reported to the education management information system;	21266

(3) The school district reports data to the education	21267
management information system in a condition, as determined by the	21268
department, that indicates that the district did not make a good	21269
faith effort in reporting the data to the system.	21270

Any report made under this division shall include	21271
recommendations for corrective action by the school district.	21272

Upon making a report for the first time in a fiscal year, the	21273
department shall withhold ten per cent of the total amount due	21274
during that fiscal year under Chapter 3317. of the Revised Code to	21275
the school district to which the report applies. Upon making a	21276
second report in a fiscal year, the department shall withhold an	21277
additional twenty per cent of such total amount due during that	21278
fiscal year to the school district to which the report applies.	21279
The department shall not release such funds unless it determines	21280
that the district has taken corrective action. However, no such	21281
release of funds shall occur if the district fails to take	21282
corrective action within forty-five days of the date upon which	21283
the report was made by the department.	21284

(M) The department of education, after consultation with the	21285
Ohio education computer network, may provide at no cost to school	21286
districts uniform computer software for use in reporting data to	21287
the education management information system, provided that no	21288
school district shall be required to utilize such software to	21289
report data to the education management information system if such	21290
district is so reporting data in an accurate, complete, and timely	21291
manner in a format compatible with that required by the education	21292
management information systemNo data acquisition site or school	21293
district shall acquire, change, or update its student	21294
administration software package to manage and report data required	21295
to be reported to the department unless it converts to a student	21296
software package that is certified by the department.	21297

(N) The state board of education, in accordance with sections	21298
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	21299
license as defined under division (A) of section 3319.31 of the	21300
Revised Code that has been issued to any school district employee	21301
found to have willfully reported erroneous, inaccurate, or	21302
incomplete data to the education management information system.	21303

(O) No person shall release or maintain any information about	21304
any student in violation of this section. Whoever violates this	21305
division is guilty of a misdemeanor of the fourth degree.	21306

(P) The department shall disaggregate the data collected	21307
under division (B)(1)(o) of this section according to the race and	21308
socioeconomic status of the students assessed. No data collected	21309
under that division shall be included on the report cards required	21310
by section 3302.03 of the Revised Code.	21311

(Q) If the department cannot compile any of the information	21312
required by division (D)(5) of section 3302.03 of the Revised Code	21313
based upon the data collected under this section, the department	21314
shall develop a plan and a reasonable timeline for the collection	21315
of any data necessary to comply with that division.	21316

Sec. 3301.31.  As used in this section and sections 3301.32	21317
to 3301.38 of the Revised Code:	21318

(A) "Eligible individual" means an individual eligible for	21319
Title IV-A services.	21320

(B) "Head start agency" means any or all of the following:

21321

(1) An entity in this state that has been approved to be an	21322
agency for purposes of the "Head Start Act," 95 Stat. 489 (1981),	21323
42 U.S.C. 9831, as amended;	21324

(2) A Title IV-A head start agency;

21325

(3) A Title IV-A head start plus agency.

21326

(C) "Head start program" has the same meaning as in section	21327
5104.01 of the Revised Code.	21328

(D) "Title IV-A services" means benefits and services that	21329
are allowable under Title IV-A of the "Social Security Act," as	21330
specified in 42 U.S.C.A 604(a), except that they shall not be	21331
benefits and services included in the term "assistance" as defined	21332
in 45 C.F.R. 260.31(a) and shall be benefits and services that are	21333
excluded from the definition of the term "assistance" under 45	21334
C.F.R. 260.31(b).	21335

(E) "Title IV-A head start agency" means an agency receiving	21336
funds to operate a head start program as prescribed in section	21337
3301.34 of the Revised Code.	21338

(F) "Title IV-A head start plus agency" means an agency	21339
receiving funds to operate a head start program as prescribed in	21340
section 3301.35 of the Revised Code.	21341

Sec. 3301.33. (A) There is hereby established the Title IV-A	21342
head start program to provide head start program services to	21343
eligible individuals.	21344

(B) In accordance with the interagency agreement described in	21345
division (C) of this section, there is hereby established the	21346
Title IV-A head start plus program to provide year-long head start	21347
program services and child care services to eligible individuals.	21348

(C) The programs established under divisions (A) and (B) of	21349
this section shall be administered by the department of education	21350
in accordance with an interagency agreement entered into with the	21351
department of job and family services under section 5101.801 of	21352
the Revised Code. This interagency agreement shall establish the	21353
implementation date of the Title IV-A head start plus program,	21354
which is July 1, 2004. The programs shall provide Title IV-A	21355
services to eligible individuals who meet eligibility requirements	21356
established in rules and administrative orders adopted by the	21357
department of job and family services under Chapter 5104. of the	21358
Revised Code. The department of job and family services and the	21359
department of education jointly shall adopt policies and	21360
procedures establishing program requirements for eligibility,	21361
services, program administration, fiscal accountability, and other	21362
criteria necessary to comply with the provisions of Title IV-A of	21363
the "Social Security Act," 110 Stat. 2113, 42 U.S.C. 601 (1996),	21364
as amended.	21365

The department of education shall be responsible for	21366
approving all Title IV-A head start agencies and Title IV-A head	21367
start plus agencies for provision of services under the programs	21368
established under this section. An agency that is not approved by	21369
the department shall not be reimbursed for the cost of providing	21370
services under the programs.	21371

Sec. 3301.34. In administering the Title IV-A head start	21372
program established under division (A) of section 3301.33 of the	21373
Revised Code, the department of education shall enter into a	21374
contract with each Title IV-A head start agency establishing the	21375
terms and conditions applicable to the provision of Title IV-A	21376
services for eligible individuals. The contracts shall specify the	21377
respective duties of the Title IV-A head start agencies and the	21378
department of education, reporting requirements, eligibility	21379
requirements, reimbursement methodology, audit requirements, and	21380
other provisions determined necessary. The department of education	21381
shall reimburse the Title IV-A head start agencies for Title IV-A	21382
services provided to individuals determined eligible for Title	21383
IV-A services by the county department of job and family services	21384
in accordance with the terms of the contract, policies and	21385
procedures adopted by the department of education and the	21386
department of job and family services under section 3301.33 of the	21387
Revised Code, and the interagency agreement entered into by the	21388
departments.	21389

The department of education shall ensure that all	21390
reimbursements paid to a Title IV-A head start agency are only for	21391
Title IV-A services.	21392

The department of education shall ensure that all	21393
reimbursements paid to a Title IV-A head start agency are for only	21394
those individuals for Title IV-A services by the appropriate	21395
county department of job and family services, as provided for in	21396
section 3301.36 of the Revised Code.	21397

Sec. 3301.35. (A) In administering the Title IV-A head start	21398
plus program established under division (B) of section 3301.33,	21399
the department of education shall enter into a contract with each	21400
Title IV-A head start plus agency under which the department shall	21401
reimburse the agency for allowable expenses in connection to	21402
services provided to eligible individuals.	21403

(B) Each county department of job and family services shall	21404
assist the department of education in administering the program	21405
within its respective county in accordance with requirements	21406
established by the state department of job and family services	21407
under section 5101.801 of the Revised Code. The county department	21408
shall ensure that all reimbursements paid to a Title IV-A head	21409
start plus agency are for only Title IV-A services.	21410

The administration of the Title IV-A head start plus program	21411
by the county department shall include all of the following:	21412

(1) Determining eligibility of individuals and establishing	21413
co-payment requirements in accordance with rules adopted by the	21414
state department of job and family services;	21415

(2) Ensuring that any invoices from a Title IV-A head start	21416
plus agency comply with requirements of Title IV-A of the "Social	21417
Security Act," 110 Stat. 2113, 42 U.S.C. 601 (1996), as amended,	21418
including eligibility of individuals, reporting requirements,	21419
allowable benefits and services, use of funds, and audit	21420
requirements, as specified in state and federal laws and	21421
regulations, United States office of management and budget	21422
circulars, and the Title IV-A state plan;	21423

(3) Monitoring each Title IV-A head start plus agency that	21424
receives Title IV-A funds. The county department is responsible	21425
for assuring that all Title IV-A funds are used solely for	21426
purposes allowable under federal regulations, section 5101.801 of	21427
the Revised Code, and the Title IV-A state plan and shall take	21428
prompt action to recover funds that are not expended accordingly.	21429

(C) The department of education shall enter into contracts	21430
with only those agencies that have been approved by the department	21431
of education as a Title IV-A head start plus agency and that have	21432
been licensed in accordance with section 3301.37 of the Revised	21433
Code. Each contract entered into under this division shall specify	21434
all of the following:	21435

(1) Requirements applicable to the allowable use of and	21436
accountability for Title IV-A funds;	21437

(2) Requirements for access, inspection, and examination of	21438
the agency's financial and program records by the county	21439
department, the state department of job and family services, the	21440
department of education, the auditor of state, and any other state	21441
or federal agency with authority to inspect and examine such	21442
records;	21443

(3) Applicable audit requirements applicable to funds	21444
received under the contract;	21445

(4) Reporting requirements by and for the county department,	21446
the state department of job and family services, and the	21447
department of education;	21448

(5) Provisions for the department of education to suspend,	21449
modify, or terminate the contract if the department of education	21450
suspends or removes the agency from the list of approved Title	21451
IV-A head start plus agencies or if the state department of job	21452
and family services denies or revokes a license for the agency.	21453

Sec. 3301.36. Each county department of job and family	21454
services shall determine eligibility for Title IV-A services for	21455
individuals seeking Title IV-A services from a Title IV-A head	21456
start agency or Title IV-A head start plus agency.	21457

Sec. 3301.37. (A) Each entity operating a head start program	21458
shall be licensed or certified by the department of job and family	21459
services in accordance with Chapter 5104. of the Revised Code.	21460

(B) Notwithstanding division (A) of this section, any current	21461
license issued under section 3301.58 of the Revised Code by the	21462
department of education to an entity operating a head start	21463
program prior to the effective date of this section is hereby	21464
deemed to be a license issued by the department of job and family	21465
services under Chapter 5104. of the Revised Code. The expiration	21466
date of the license shall be the earlier of the expiration date	21467
specified in the license as issued under section 3301.58 of the	21468
Revised Code or September 1, 2005. In order to continue operation	21469
of its head start program after that expiration date, the entity	21470
shall obtain a license as prescribed in division (A) of this	21471
section.	21472

Sec. 3301.38. (A) The department of education shall adopt	21473
policies and procedures for the approval, suspension, and removal	21474
of Title IV-A head start and Title IV-A head start plus agencies	21475
from the approved list of providers.	21476

(B) If a head start program that received state funding prior	21477
to July 1, 2001, waives its right to state funding or has its	21478
state funding eliminated for not meeting financial standards or	21479
program performance standards, the grantee or delegates shall	21480
transfer control of title to property, equipment, and remaining	21481
supplies purchased with state funds to the department along with	21482
any reports prescribed by the department.	21483

(C) Title IV-A head start awards shall be distributed on a	21484
per-pupil basis, which the department may adjust so that the per	21485
pupil amount multiplied by the number of eligible children	21486
enrolled and receiving services, as defined by the department of	21487
education, reported on the first day of December or the first	21488
business day following that date equals the amount allocated.	21489

(D) The department of education shall prescribe the	21490
assessment instrument and determine target levels for critical	21491
performance indicators for the purpose of assessing Title IV-A	21492
head start and Title IV-A head start plus agencies. Onsite reviews	21493
and follow-up visits shall be based on progress in meeting the	21494
prescribed target levels.	21495

(E) The department of education shall require Title IV-A head	21496
start and Title IV-A head start plus agencies to:	21497

(1) Address federal head start education and assessment	21498
performance standards, as required by 45 C.F.R. 1304.20 to 1304.41	21499
and the Ohio department of education pre-kindergarten math and	21500
literacy content standards;	21501

(2) Comply with the department of education prescribed	21502
assessment requirements that are aligned with the assessment	21503
system for kindergarten through twelfth grade;	21504

(3) Comply with federal head start performance standards for	21505
comprehensive services in health, nutrition, mental health, family	21506
partnership, and social services as required by 45 C.F.R. 1304.20	21507
to 1304.41;	21508

(4) Require teachers to attend a minimum of twenty hours of	21509
professional development as prescribed by the department of	21510
education regarding the implementation of content standards and	21511
assessment; and	21512

(5) Document and report child progress using research-based	21513
indicators as prescribed by the department.	21514

(F) Costs for developing and administering a Title IV-A head	21515
start or Title IV-A head start plus program may not exceed fifteen	21516
percent of the total approved costs of the program.	21517

(G) In consultation with the department of job and family	21518
services, the department of education shall establish program	21519
requirements for Title IV-A head start and Title IV-A head start	21520
plus agencies.	21521

(H) The department of education may examine the financial and	21522
program records of Title IV-A head start agencies and Title IV-A	21523
head start plus agencies. The department of education shall	21524
monitor these agencies to ensure that all Title IV-A funds are	21525
used solely for purposes allowable under federal regulations,	21526
section 5101.801 of the Revised Code, and the Title IV-A state	21527
plan and shall take prompt action to recover funds that are not	21528
expended accordingly. The department of job and family services	21529
may examine the financial records of Title IV-A head start	21530
agencies and Title IV-A head start plus agencies.	21531

(I)(1) A Title IV-A head start agency or Title IV-A head	21532
start plus agency shall propose and implement a corrective action	21533
plan that has been approved by the department of education when	21534
the department determines either of the following:	21535

(a) The financial practices of the Title IV-A head start	21536
agency are not in accordance with standard accounting principles	21537
and federal requirements or do not meet financial standards	21538
required in the contract as specified under division (C) of	21539
section 3301.35 of the Revised Code;	21540

(b) The Title IV-A head start or Title IV-A head start plus	21541
agency fails to substantially meet the head start performance	21542
standards or exhibits below average performance as measured	21543
against the performance indicators.	21544

(2) The approved corrective action plan shall be signed by	21545
the appropriate official and agency governance body.	21546

(3) The corrective action plan shall include a schedule of	21547
monitoring by the department of education. This monitoring may	21548
include monthly reports, inspections, a timeline for correction of	21549
deficiencies, and technical assistance to be provided by the	21550
department or obtained by the Title IV-A head start agency or	21551
Title IV-A head start plus agency. The department may withhold	21552
funding to a Title IV-A head start agency or a Title IV-A head	21553
start plus agency.	21554

(4) If a Title IV-A head start agency or a Title IV-A head	21555
start plus agency fails to satisfactorily complete a corrective	21556
action, the department may suspend or terminate part or all of the	21557
funding to the agency and may remove the agency from the approved	21558
list.	21559

(J) The department shall provide technical assistance to	21560
Title IV-A head start agencies in administering Title IV-A head	21561
start programs and to Title IV-A head start plus agencies and	21562
child care partners in administering head start plus programs.	21563

Sec. 3301.33.        Sec. 3301.40.  (A) As used in this section, "adult	21564
education" has the meaning as established under the "adult	21565
education act," 102 Stat. 302 (1988), 20 U.S.C. 1201a(2), as	21566
amended.	21567

(B) Beginning July 1, 1996, the department of education may	21568
distribute state funds to organizations that quality for federal	21569
funds under the "Adult Education Act," 102 Stat. 302 (1988), 20	21570
1201 to 1213d, as amended. The funds shall be used by qualifying	21571
organizations to provide adult education services. State funds	21572
distributed pursuant to this section shall be distributed in	21573
accordance with the rules adopted by the state board of education	21574
pursuant to this section.	21575

Each organization that receives funds under this section	21576
shall file program performance reports with the department. The	21577
reports shall be filed at times required by state board of	21578
education rule and contain assessments of individual students as	21579
they enter, progress through, and exit the adult education	21580
program; records regarding individual student program	21581
participation time; reports of individual student retention rates;	21582
and any other information required by rule.	21583

(C) The state board of education shall adopt rules for the	21584
distribution of funds under this section. The rules shall include	21585
the following:	21586

(1) Requirements for program performance reports.

21587

(2) Indicators of adult education program quality, including	21588
indicators of learner achievement, program environment, program	21589
planning, curriculum and instruction, staff development, support	21590
services, and recruitment and retention.	21591

(3) A formula for the distribution of funds under this	21592
section. The formula shall include as a factor an organization's	21593
quantifiable success in meeting the indicators of program quality	21594
established pursuant to division (C)(2) of this section.	21595

(4) Standards and procedures for reducing or discontinuing	21596
funding to organizations that fail to meet the requirements of	21597
this section.	21598

(5) Any other requirements or standards considered	21599
appropriate by the board.	21600

Sec. 3301.52.  As used in sections 3301.52 to 3301.59 of the	21601
Revised Code:	21602

(A) "Preschool program" means either of the following:

21603

(1) A child day-care program for preschool children that is	21604
operated by a school district board of education,or an eligible	21605
nonpublic school, a head start grantee, or a head start delegate	21606
agency.	21607

(2) A child day-care program for preschool children age three	21608
or older that is operated by a county MR/DD board.	21609

(B) "Preschool child" or "child" means a child who has not	21610
entered kindergarten and is not of compulsory school age.	21611

(C) "Parent, guardian, or custodian" means the person or	21612
government agency that is or will be responsible for a child's	21613
school attendance under section 3321.01 of the Revised Code.	21614

(D) "Superintendent" means the superintendent of a school	21615
district or the chief administrative officer of an eligible	21616
nonpublic school.	21617

(E) "Director" means the director, head teacher, elementary	21618
principal, or site administrator who is the individual on site and	21619
responsible for supervision of a preschool program.	21620

(F) "Preschool staff member" means a preschool employee whose	21621
primary responsibility is care, teaching, or supervision of	21622
preschool children.	21623

(G) "Nonteaching employee" means a preschool program or	21624
school child program employee whose primary responsibilities are	21625
duties other than care, teaching, and supervision of preschool	21626
children or school children.	21627

(H) "Eligible nonpublic school" means a nonpublic school	21628
chartered as described in division (B)(8) of section 5104.02 of	21629
the Revised Code or chartered by the state board of education for	21630
any combination of grades one through twelve, regardless of	21631
whether it also offers kindergarten.	21632

(I) "County MR/DD board" means a county board of mental	21633
retardation and developmental disabilities.	21634

(J) "School child program" means a child day-care program for	21635
only school children that is operated by a school district board	21636
of education, county MR/DD board, or eligible nonpublic school.	21637

(K) "School child" and "child day-care" have the same	21638
meanings as in section 5104.01 of the Revised Code.	21639

(L) "School child program staff member" means an employee	21640
whose primary responsibility is the care, teaching, or supervision	21641
of children in a school child program.	21642

(M) "Head start" means a program operated in accordance with	21643
subchapter II of the "Community Economic Development Act," 95	21644
Stat. 489 (1981), 42 U.S.C. 9831, and amendments thereto.	21645

Sec. 3301.53.  (A) Not later than July 1, 1988, the state	21646
board of education, in consultation with the director of job and	21647
family services, shall formulate and prescribe by rule adopted	21648
under Chapter 119. of the Revised Code minimum standards to be	21649
applied to preschool programs operated by school district boards	21650
of education, county MR/DD boards, or eligible nonpublic schools,	21651
head start grantees, and head start delegate agencies. The rules	21652
shall include the following:	21653

(1) Standards ensuring that the preschool program is located	21654
in a safe and convenient facility that accommodates the enrollment	21655
of the program, is of the quality to support the growth and	21656
development of the children according to the program objectives,	21657
and meets the requirements of section 3301.55 of the Revised Code;	21658

(2) Standards ensuring that supervision, discipline, and	21659
programs will be administered according to established objectives	21660
and procedures;	21661

(3) Standards ensuring that preschool staff members and	21662
nonteaching employees are recruited, employed, assigned,	21663
evaluated, and provided inservice education without discrimination	21664
on the basis of age, color, national origin, race, or sex; and	21665
that preschool staff members and nonteaching employees are	21666
assigned responsibilities in accordance with written position	21667
descriptions commensurate with their training and experience;	21668

(4) A requirement that boards of education intending to	21669
establish a preschool program on or after March 17, 1989,	21670
demonstrate a need for a preschool program that is not being met	21671
by any existing program providing child day-care, prior to	21672
establishing the program;	21673

(5) Requirements that children participating in preschool	21674
programs have been immunized to the extent considered appropriate	21675
by the state board to prevent the spread of communicable disease;	21676

(6) Requirements that the parents of preschool children	21677
complete the emergency medical authorization form specified in	21678
section 3313.712 of the Revised Code.	21679

(B) The state board of education in consultation with the	21680
director of job and family services shall ensure that the rules	21681
adopted by the state board under sections 3301.52 to 3301.58 of	21682
the Revised Code are consistent with and meet or exceed the	21683
requirements of Chapter 5104. of the Revised Code with regard to	21684
child day-care centers. The state board and the director of job	21685
and family services shall review all such rules at least once	21686
every five years.	21687

(C) On or before January 1, 1992, the state board of	21688
education, in consultation with the director of job and family	21689
services, shall adopt rules for school child programs that are	21690
consistent with and meet or exceed the requirements of the rules	21691
adopted for school child day-care centers under Chapter 5104. of	21692
the Revised Code.	21693

Sec. 3301.54.  (A)(1) Each preschool program shall be	21694
directed and supervised by a director, a head teacher, an	21695
elementary principal, or a site administrator who is on site and	21696
responsible for supervision of the program. Except as otherwise	21697
provided in division (A)(2), (3), or (4) of this section, this	21698
person shall hold a valid educator license designated as	21699
appropriate for teaching or being an administrator in a preschool	21700
setting issued pursuant to section 3319.22 of the Revised Code and	21701
have completed at least four courses in child development or early	21702
childhood education from an accredited college, university, or	21703
technical college.	21704

(2) If the person was employed prior to July 1, 1988, by a	21705
school district board of education or an eligible nonpublic school	21706
to direct a preschool program, the person shall be considered to	21707
meet the requirements of this section if the person holds a valid	21708
kindergarten-primary certificate described under former division	21709
(A) of section 3319.22 of the Revised Code as it existed on	21710
January 1, 1996.	21711

(3) If the person is employed to direct a preschool program	21712
operated by an eligible, nontax-supported, nonpublic school, the	21713
person shall be considered to meet the requirements of this	21714
section if the person holds a valid teaching certificate issued in	21715
accordance with section 3301.071 of the Revised Code.	21716

(4) If the person is a site administrator for a head start	21717
grantee or head start delegate agency, the person shall be	21718
considered to meet the requirements of this section if the person	21719
provides evidence that the person has attained at least a high	21720
school diploma or certification of high school equivalency issued	21721
by the state board of education or a comparable agency of another	21722
state, and that the person meets at least one of the following	21723
requirements:	21724

(a) Two years of experience working as a child-care staff	21725
member in a child day-care center or preschool program and at	21726
least four courses in child development or early childhood	21727
education from an accredited college, university, or technical	21728
college, except that a person who has two years of experience	21729
working as a child-care staff member in a particular day-care	21730
center or preschool program and who has been promoted to or	21731
designated director shall have one year from the time the person	21732
was promoted or designated to complete the required four courses;	21733

(b) Two years of training in an accredited college,	21734
university, or technical college that includes at least four	21735
courses in child development or early childhood education;	21736

(c) A child development associate credential issued by the	21737
national child development associate credentialing commission;	21738

(d) An associate or higher degree in child development or	21739
early childhood education from an accredited college, university,	21740
or technical college.	21741

(B) Each preschool staff member shall be at least eighteen	21742
years of age and have a high school diploma or a certification of	21743
high school equivalency issued by the state board of education or	21744
a comparable agency of another state, except that a staff member	21745
may be less than eighteen years of age if the staff member is a	21746
graduate of a two-year vocational child-care training program	21747
approved by the state board of education, or is a student enrolled	21748
in the second year of such a program that leads to high school	21749
graduation, provided that the student performs duties in the	21750
preschool program under the continuous supervision of an	21751
experienced preschool staff member and receives periodic	21752
supervision from the vocational child-care training program	21753
teacher-coordinator in the student's high school.	21754

A preschool staff member shall annually complete fifteen	21755
hours of inservice training in child development or early	21756
childhood education, child abuse recognition and prevention, and	21757
first aid, and in the prevention, recognition, and management of	21758
communicable diseases, until a total of forty-five hours has been	21759
completed, unless the staff member holds an associate or higher	21760
degree in child development or early childhood education from an	21761
accredited college, university, or technical college, or any type	21762
of educator license designated as appropriate for teaching in an	21763
associate teaching position in a preschool setting issued by the	21764
state board of education pursuant to section 3319.22 of the	21765
Revised Code.	21766

Sec. 3301.55.  (A) A school district, county MR/DD board, or	21767
eligible nonpublic school, head start grantee, or head start	21768
delegate agency operating a preschool program shall house the	21769
program in buildings that meet the following requirements:	21770

(1) The building is operated by the district, county MR/DD	21771
board, or eligible nonpublic school, head start grantee, or head	21772
start delegate agency and has been approved by the division of	21773
industrial compliance in the department of commerce or a certified	21774
municipal, township, or county building department for the purpose	21775
of operating a program for preschool children. Any such structure	21776
shall be constructed, equipped, repaired, altered, and maintained	21777
in accordance with applicable provisions of Chapters 3781. and	21778
3791. and with rules adopted by the board of building standards	21779
under Chapter 3781. of the Revised Code for the safety and	21780
sanitation of structures erected for this purpose.	21781

(2) The building is in compliance with fire and safety laws	21782
and regulations as evidenced by reports of annual school fire and	21783
safety inspections as conducted by appropriate local authorities.	21784

(3) The school is in compliance with rules established by the	21785
state board of education regarding school food services.	21786

(4) The facility includes not less than thirty-five square	21787
feet of indoor space for each child in the program. Safe play	21788
space, including both indoor and outdoor play space, totaling not	21789
less than sixty square feet for each child using the space at any	21790
one time, shall be regularly available and scheduled for use.	21791

(5) First aid facilities and space for temporary placement or	21792
isolation of injured or ill children are provided.	21793

(B) Each school district, county MR/DD board, or eligible	21794
nonpublic school, head start grantee, or head start delegate	21795
agency that operates, or proposes to operate, a preschool program	21796
shall submit a building plan including all information specified	21797
by the state board of education to the board not later than the	21798
first day of September of the school year in which the program is	21799
to be initiated. The board shall determine whether the buildings	21800
meet the requirements of this section and section 3301.53 of the	21801
Revised Code, and notify the superintendent of its determination.	21802
If the board determines, on the basis of the building plan or any	21803
other information, that the buildings do not meet those	21804
requirements, it shall cause the buildings to be inspected by the	21805
department of education. The department shall make a report to the	21806
superintendent specifying any aspects of the building that are not	21807
in compliance with the requirements of this section and section	21808
3301.53 of the Revised Code and the time period that will be	21809
allowed the district, county MR/DD board, or school, grantee, or	21810
agency to meet the requirements.	21811

Sec. 3301.57.  (A) For the purpose of improving programs,	21812
facilities, and implementation of the standards promulgated by the	21813
state board of education under section 3301.53 of the Revised	21814
Code, the state department of education shall provide consultation	21815
and technical assistance to school districts, county MR/DD boards,	21816
and eligible nonpublic schools, head start grantees, and head	21817
start delegate agencies operating preschool programs or school	21818
child programs, and inservice training to preschool staff members,	21819
school child program staff members, and nonteaching employees.	21820

(B) The department and the school district board of	21821
education, county MR/DD board, or eligible nonpublic school, head	21822
start grantee, or head start delegate agency shall jointly monitor	21823
each preschool program and each school child program.	21824

If the program receives any grant or other funding from the	21825
state or federal government, the department annually shall monitor	21826
all reports on attendance, financial support, and expenditures	21827
according to provisions for use of the funds.	21828

(C) The department of job and family services and the	21829
department of education shall enter into a contract pursuant to	21830
which the department of education inspects preschool programs and	21831
school child programs in accordance with sections 3301.52 to	21832
3301.59 of the Revised Code, the rules adopted under those	21833
sections, and any applicable procedures in Chapter 5104. of the	21834
Revised Code and investigates any complaints filed pursuant to	21835
those sections or rules. The contract shall require the department	21836
of job and family services to pay the department of education for	21837
conducting the inspections and investigations an amount equal to	21838
the amount that the department of job and family services would	21839
expend conducting the same number of inspections and	21840
investigations with its employees under Chapter 5104. of the	21841
Revised Code.	21842

(D) The department of education, at least twice during every	21843
twelve-month period of operation of a preschool program or a	21844
licensed school child program, shall inspect the program and	21845
provide a written inspection report to the superintendent of the	21846
school district, county MR/DD board, or eligible nonpublic school,	21847
head start grantee, or head start delegate agency. At least one	21848
inspection shall be unannounced, and all inspections may be	21849
unannounced. No person shall interfere with any inspection	21850
conducted pursuant to this division or to the rules adopted	21851
pursuant to sections 3301.52 to 3301.59 of the Revised Code.	21852

Upon receipt of any complaint that a preschool program or a	21853
licensed school child program is out of compliance with the	21854
requirements in sections 3301.52 to 3301.59 of the Revised Code or	21855
the rules adopted under those sections, the department shall	21856
investigate and may inspect the program.	21857

(E)(D) If a preschool program or a licensed school child	21858
program is determined to be out of compliance with the	21859
requirements of sections 3301.52 to 3301.59 of the Revised Code or	21860
the rules adopted under those sections, the department of	21861
education shall notify the appropriate superintendent, county	21862
MR/DD board, or eligible nonpublic school, head start grantee, or	21863
head start delegate agency in writing regarding the nature of the	21864
violation, what must be done to correct the violation, and by what	21865
date the correction must be made. If the correction is not made by	21866
the date established by the department, it may commence action	21867
under Chapter 119. of the Revised Code to close the program or to	21868
revoke the license of the program. If a program does not comply	21869
with an order to cease operation issued in accordance with Chapter	21870
119. of the Revised Code, the department shall notify the attorney	21871
general, the prosecuting attorney of the county in which the	21872
program is located, or the city attorney, village solicitor, or	21873
other chief legal officer of the municipal corporation in which	21874
the program is located that the program is operating in violation	21875
of sections 3301.52 to 3301.59 of the Revised Code or the rules	21876
adopted under those sections and in violation of an order to cease	21877
operation issued in accordance with Chapter 119. of the Revised	21878
Code. Upon receipt of the notification, the attorney general,	21879
prosecuting attorney, city attorney, village solicitor, or other	21880
chief legal officer shall file a complaint in the court of common	21881
pleas of the county in which the program is located requesting the	21882
court to issue an order enjoining the program from operating. The	21883
court shall grant the requested injunctive relief upon a showing	21884
that the program named in the complaint is operating in violation	21885
of sections 3301.52 to 3301.59 of the Revised Code or the rules	21886
adopted under those sections and in violation of an order to cease	21887
operation issued in accordance with Chapter 119. of the Revised	21888
Code.	21889

(F)(E) The department of education shall prepare an annual	21890
report on inspections conducted under this section. The report	21891
shall include the number of inspections conducted, the number and	21892
types of violations found, and the steps taken to address the	21893
violations. The department shall file the report with the	21894
governor, the president and minority leader of the senate, and the	21895
speaker and minority leader of the house of representatives on or	21896
before the first day of January of each year, beginning in 1999.	21897

Sec. 3301.58.  (A) The department of education is responsible	21898
for the licensing of preschool programs and school child programs	21899
and for the enforcement of sections 3301.52 to 3301.59 of the	21900
Revised Code and of any rules adopted under those sections. No	21901
school district board of education, county MR/DD board, or	21902
eligible nonpublic school, head start grantee, or head start	21903
delegate agency shall operate, establish, manage, conduct, or	21904
maintain a preschool program without a license issued under this	21905
section. A school district board of education, county MR/DD board,	21906
or eligible nonpublic school may obtain a license under this	21907
section for a school child program. The school district board of	21908
education, county MR/DD board, or eligible nonpublic school, head	21909
start grantee, or head start delegate agency shall post the	21910
current license for each preschool program and licensed school	21911
child program it operates, establishes, manages, conducts, or	21912
maintains in a conspicuous place in the preschool program or	21913
licensed school child program that is accessible to parents,	21914
custodians, or guardians and employees and staff members of the	21915
program at all times when the program is in operation.	21916

(B) Any school district board of education, county MR/DD	21917
board, or eligible nonpublic school, head start grantee, or head	21918
start delegate agency that desires to operate, establish, manage,	21919
conduct, or maintain a preschool program shall apply to the	21920
department of education for a license on a form that the	21921
department shall prescribe by rule. Any school district board of	21922
education, county MR/DD board, or eligible nonpublic school that	21923
desires to obtain a license for a school child program shall apply	21924
to the department for a license on a form that the department	21925
shall prescribe by rule. The department shall provide at no charge	21926
to each applicant for a license under this section a copy of the	21927
requirements under sections 3301.52 to 3301.59 of the Revised Code	21928
and any rules adopted under those sections. The department shall	21929
mail application forms for the renewal of a license at least one	21930
hundred twenty days prior to the date of the expiration of the	21931
license, and the application for renewal of a license shall be	21932
filed with the department at least sixty days before the date of	21933
the expiration of the existing license. The department may	21934
establish application fees by rule adopted under Chapter 119. of	21935
the Revised Code, and all applicants for a license shall pay any	21936
fee established by the department at the time of making an	21937
application for a license. All fees collected pursuant to this	21938
section shall be paid into the state treasury to the credit of the	21939
general revenue fund.	21940

(C) Upon the filing of an application for a license, the	21941
department of education shall investigate and inspect the	21942
preschool program or school child program to determine the license	21943
capacity for each age category of children of the program and to	21944
determine whether the program complies with sections 3301.52 to	21945
3301.59 of the Revised Code and any rules adopted under those	21946
sections. When, after investigation and inspection, the department	21947
of education is satisfied that sections 3301.52 to 3301.59 of the	21948
Revised Code and any rules adopted under those sections are	21949
complied with by the applicant, the department of education shall	21950
issue the program a provisional license as soon as practicable in	21951
the form and manner prescribed by the rules of the department. The	21952
provisional license shall be valid for six months from the date of	21953
issuance unless revoked.	21954

(D) The department of education shall investigate and inspect	21955
a preschool program or school child program that has been issued a	21956
provisional license at least once during operation under the	21957
provisional license. If, after the investigation and inspection,	21958
the department of education determines that the requirements of	21959
sections 3301.52 to 3301.59 of the Revised Code and any rules	21960
adopted under those sections are met by the provisional licensee,	21961
the department of education shall issue a license that is	21962
effective for two years from the date of the issuance of the	21963
provisional license.	21964

(E) Upon the filing of an application for the renewal of a	21965
license by a preschool program or school child program, the	21966
department of education shall investigate and inspect the	21967
preschool program or school child program. If the department of	21968
education determines that the requirements of sections 3301.52 to	21969
3301.59 of the Revised Code and any rules adopted under those	21970
sections are met by the applicant, the department of education	21971
shall renew the license for two years from the date of the	21972
expiration date of the previous license.	21973

(F) The license or provisional license shall state the name	21974
of the school district board of education, county MR/DD board, or	21975
eligible nonpublic school, head start grantee, or head start	21976
delegate agency that operates the preschool program or school	21977
child program and the license capacity of the program. The license	21978
shall include any other information required by section 5104.03 of	21979
the Revised Code for the license of a child day-care center.	21980

(G) The department of education may revoke the license of any	21981
preschool program or school child program that is not in	21982
compliance with the requirements of sections 3301.52 to 3301.59 of	21983
the Revised Code and any rules adopted under those sections.	21984

(H) If the department of education revokes a license or	21985
refuses to renew a license to a program, the department shall not	21986
issue a license to the program within two years from the date of	21987
the revocation or refusal. All actions of the department with	21988
respect to licensing preschool programs and school child programs	21989
shall be in accordance with Chapter 119. of the Revised Code.	21990

Sec. 3301.68.  There is hereby created the legislative	21991
committee on education oversight as a subcommittee of the	21992
legislative service commission. The committee shall consist of	21993
five members of the house of representatives appointed by the	21994
speaker of the house of representatives and five members of the	21995
senate appointed by the president of the senate. Not more than	21996
three of the members appointed from each house shall be members of	21997
the same political party. Members shall serve during the term of	21998
office to which they were elected.	21999

The committee, subject to the oversight and direction of the	22000
legislative service commission, shall direct the work of the	22001
legislative office of education oversight, which is hereby	22002
established. The committee may employ a staff director and such	22003
other staff as are necessary for the operation of the office, who	22004
shall be in the unclassified service of the state, and may	22005
contract for the services of whatever technical advisors are	22006
necessary for the committee and the office to carry out their	22007
duties.	22008

The chairperson and vice-chairperson of the legislative	22009
service commission shall fix the compensation of the director. The	22010
director, with the approval of the director of the legislative	22011
service commission, shall fix the compensation of other staff of	22012
the office in accordance with a salary schedule established by the	22013
director of the legislative service commission. Contracts for the	22014
services of necessary technical advisors shall be approved by the	22015
director of the legislative service commission.	22016

All expenses incurred by the committee or office shall be	22017
paid upon vouchers approved by the chairperson of the committee.	22018
The committee shall adopt rules for the conduct of its business	22019
and the election of officers, except that the office of	22020
chairperson of the committee shall alternate each general assembly	22021
between a member of the house of representatives selected by the	22022
speaker and a member of the senate selected by the president.	22023

The committee shall select, for the office to review and	22024
evaluate, education and school-related programs that receive state	22025
financial assistance in any form. The reviews and evaluations may	22026
include any of the following:	22027

(A) Assessment of the uses school districts and institutions	22028
of higher education make of state money they receive and	22029
determination of the extent to which such money improves school	22030
district or institutional performance in the areas for which the	22031
money was intended to be used;	22032

(B) Determination of whether an education program meets its	22033
intended goals, has adequate operating or administrative	22034
procedures and fiscal controls, encompasses only authorized	22035
activities, has any undesirable or unintended effects, and is	22036
efficiently managed;	22037

(C) Examination of various pilot programs developed and	22038
initiated in school districts and at state-assisted colleges and	22039
universities to determine whether such programs suggest	22040
innovative, effective ways to deal with problems that may exist in	22041
other school districts or state-assisted colleges or universities,	22042
and to assess the fiscal costs and likely impact of adopting such	22043
programs throughout the state or in other state-assisted colleges	22044
and universities.	22045

The committee shall report the results of each program review	22046
the office conducts to the general assembly.	22047

If the general assembly directs the legislative office of	22048
education oversight to submit a study to the general assembly by a	22049
particular date, the committee has the authority to modify the	22050
scope and due date of the study to accommodate the availability of	22051
data and resources.	22052

Sec. 3301.80.  (A) There is hereby created the Ohio SchoolNet	22053
commission as an independent agency. The commission shall	22054
administer programs to provide financial and other assistance to	22055
school districts and other educational institutions for the	22056
acquisition and utilization of educational technology.	22057

The commission is a body corporate and politic, an agency of	22058
the state performing essential governmental functions of the	22059
state.	22060

(B)(1) The commission shall consist of eleventhirteen	22061
members, sevennine of whom are voting members. Of the voting	22062
members, one shall be appointed by the speaker of the house of	22063
representatives and, one shall be appointed by the president of	22064
the senate, and two shall be appointed by the governor. The	22065
members appointed by the speaker of the house and the president of	22066
the senate shall not be members of the general assembly. The state	22067
superintendent of public instruction or a designee of the	22068
superintendent, the director of budget and management or a	22069
designee of the director, the director of administrative services	22070
or a designee of the director, the chairperson of the public	22071
utilities commission or a designee of the chairperson, and the	22072
director of the Ohio educational telecommunications network	22073
commission or a designee of the director shall serve on the	22074
commission as ex officio voting members. Of the nonvoting members,	22075
two shall be members of the house of representatives appointed by	22076
the speaker of the house and two shall be members of the senate	22077
appointed by the president of the senate. The members appointed	22078
from each house shall not be members of the same political party.	22079
The commission shall appoint officers from among its members.	22080

(2) The members shall serve without compensation. The voting	22081
members appointed by the speaker of the house of representatives	22082
and, the president of the senate, and the governor shall be	22083
reimbursed, pursuant to office of budget and management	22084
guidelines, for necessary expenses incurred in the performance of	22085
official duties.	22086

(3) The terms of office for the members appointed by the	22087
speaker of the house and, the president of the senate, and the	22088
governor shall be for two years, with each term ending on the same	22089
day of the same month as did the term that it succeeds, except	22090
that the voting members so appointed may be removed at anytimeany	22091
time by their respective appointing authority. The members	22092
appointed by the speaker of the house and, the president of the	22093
senate, and the governor may be reappointed. Any member appointed	22094
from the house of representatives or senate who ceases to be a	22095
member of the legislative house from which the member was	22096
appointed shall cease to be a member of the commission. Vacancies	22097
among appointed members shall be filled in the manner provided for	22098
original appointments. Any member appointed to fill a vacancy	22099
occurring prior to the expiration date of the term for which a	22100
predecessor was appointed shall hold office as a member for the	22101
remainder of that term. The members appointed by the speaker of	22102
the house and, the president of the senate, and the governor shall	22103
continue in office subsequent to the expiration date of that	22104
member's term until a successor takes office or until a period of	22105
sixty days has elapsed, whichever occurs first.	22106

(C)(1) The commission shall be under the supervision of an	22107
executive director who shall be appointed by the commission. The	22108
executive director shall serve at the pleasure of the commission	22109
and shall direct commission employees in the administration of all	22110
programs for the provision of financial and other assistance to	22111
school districts and other educational institutions for the	22112
acquisition and utilization of educational technology.	22113

(2) The employees of the Ohio SchoolNet commission shall be	22114
placed in the unclassified service. The commission shall fix the	22115
compensation of the executive director. The executive director	22116
shall employ and fix the compensation for such employees as	22117
necessary to facilitate the activities and purposes of the	22118
commission. The employees shall serve at the pleasure of the	22119
executive director.	22120

(3) The employees of the Ohio SchoolNet commission shall be	22121
exempt from Chapter 4117. of the Revised Code and shall not be	22122
public employees as defined in section 4117.01 of the Revised	22123
Code.	22124

(D) The Ohio SchoolNet commission shall do all of the	22125
following:	22126

(1) Make grants to institutions and other organizations as	22127
prescribed by the general assembly for the provision of technical	22128
assistance, professional development, and other support services	22129
to enable school districts, community schools established under	22130
Chapter 3314. of the Revised Code, and other educational	22131
institutions to utilize educational technology;	22132

(2) Contract with the department of education, state	22133
institutions of higher education, private nonprofit institutions	22134
of higher education holding certificates of authorization under	22135
section 1713.02 of the Revised Code, and such other public or	22136
private entities as the executive director deems necessary for the	22137
administration and implementation of the programs under the	22138
commission's jurisdiction;	22139

(3) Establish a reporting system to which school districts,	22140
community schools established under Chapter 3314. of the Revised	22141
Code, and other educational institutions receiving financial	22142
assistance pursuant to this section for the acquisition of	22143
educational technology report information as to the manner in	22144
which such assistance was expended, the manner in which the	22145
equipment or services purchased with the assistance is being	22146
utilized, the results or outcome of this utilization, and other	22147
information as may be required by the commission;	22148

(4) Establish necessary guidelines governing purchasing and	22149
procurement by participants in programs administered by the	22150
commission that facilitate the timely and effective implementation	22151
of such programs;	22152

(5) Take into consideration the efficiency and cost savings	22153
of statewide procurement prior to allocating and releasing funds	22154
for any programs under its administration.	22155

(E)(1) The executive director shall implement policies and	22156
directives issued by the Ohio SchoolNet commission.	22157

(2) The Ohio SchoolNet commission may establish a systems	22158
support network to facilitate the timely implementation of the	22159
programs, projects, or activities for which it provides	22160
assistance.	22161

(3) Chapters 123., 124., 125., and 153., and sections 9.331,	22162
9.332, and 9.333 of the Revised Code do not apply to contracts,	22163
programs, projects, or activities of the Ohio SchoolNet	22164
commission.	22165

Sec. 3302.03.  (A) Annually the department of education shall	22166
report for each school district the extent to which it meets each	22167
of the performance indicators created by the state board of	22168
education under section 3302.02 of the Revised Code and shall	22169
specify for each such district the number of performance	22170
indicators that have been achieved and whether the district is an	22171
excellent school district, an effective school district, needs	22172
continuous improvement, is under an academic watch, or is in a	22173
state of academic emergency.	22174

When possible, the department shall also determine for each	22175
school building in a district the extent to which it meets any of	22176
the performance indicators applicable to the grade levels of the	22177
students in that school building and whether the school building	22178
is an excellent school, an effective school, needs continuous	22179
improvement, is under an academic watch, or is in a state of	22180
academic emergency.	22181

(B) If the state board establishes seventeen performance	22182
indicators applicable to a school district or building under	22183
section 3302.02 of the Revised Code:	22184

(1) A school district or building shall be declared excellent	22185
if it meets at least sixteen of the applicable state performance	22186
indicators.	22187

(2) A school district or building shall be declared effective	22188
if it meets thirteen through fifteen of the applicable state	22189
performance indicators.	22190

(3) A school district or building shall be declared to be in	22191
need of continuous improvement if it meets more than eight but	22192
less than thirteen of the applicable state performance indicators.	22193

(4) A school district or building shall be declared to be	22194
under an academic watch if it meets more than five but not more	22195
than eight of the applicable state performance indicators.	22196

(5) A school district or building shall be declared to be in	22197
a state of academic emergency if it does not meet more than five	22198
of the applicable state performance indicators.	22199

(C) If the state board establishes more than seventeen	22200
performance indicators under section 3302.02 of the Revised Code,	22201
or if less than seventeen performance indicators are applicable to	22202
a school building, the state board shall establish the number of	22203
indicators that must be met in order for a district or building to	22204
be designated as excellent, effective, needs continuous	22205
improvement, is under an academic watch, or is in a state of	22206
academic emergency. The number established for each such category	22207
under this division shall bear a similar relationship to the total	22208
number of indicators as the number of indicators required for the	22209
respective categories stated in division (B) of this section bears	22210
to seventeen.	22211

(D)(1) The department shall issue annual report cards for	22212
each school district, each building within each district, and for	22213
the state as a whole reflecting performance on the indicators	22214
created by the state board under section 3302.02 of the Revised	22215
Code.	22216

(2) The department shall include on the report card for each	22217
district information pertaining to any change from the previous	22218
year made by the school district or school buildings within the	22219
district on any performance indicator.	22220

(3) When reporting data on student performance, the	22221
department shall disaggregate that data according to the following	22222
categories:	22223

(a) Performance of students by age group;

22224

(b) Performance of students by race and ethnic group;

22225

(c) Performance of students by gender;

22226

(d) Performance of students grouped by those who have been	22227
enrolled in a district or school for three or more years;	22228

(e) Performance of students grouped by those who have been	22229
enrolled in a district or school for more than one year and less	22230
than three years;	22231

(f) Performance of students grouped by those who have been	22232
enrolled in a district or school for one year or less;	22233

(g) Performance of students grouped by those who are	22234
classified as vocational education students pursuant to guidelines	22235
adopted by the department for purposes of this division;	22236

(h) Performance of students grouped by those who are	22237
economically disadvantaged, to the extent that such data is	22238
available from the education management information system	22239
established under section 3301.0714 of the Revised Code;	22240

(i)(h) Performance of students grouped by those who are	22241
enrolled in a conversion community school established under	22242
Chapter 3314. of the Revised Code.	22243

The department may disaggregate data on student performance	22244
according to other categories that the department determines are	22245
appropriate.	22246

In reporting data pursuant to division (D)(3) of this	22247
section, the department shall not include in the report cards any	22248
data statistical in nature that is statistically unreliable or	22249
that could result in the identification of individual students.	22250

(4) The department may include with the report cards any	22251
additional education and fiscal performance data it deems	22252
valuable.	22253

(5) The department shall include on each report card a list	22254
of additional information collected by the department that is	22255
available regarding the district or building for which the report	22256
card is issued. When available, such additional information shall	22257
include student mobility data disaggregated by race and	22258
socioeconomic status, college enrollment data, and the reports	22259
prepared under section 3302.031 of the Revised Code.	22260

The department shall maintain a site on the world wide web.	22261
The report card shall include the address of the site and shall	22262
specify that such additional information is available to the	22263
public at that site. The department shall also provide a copy of	22264
each item on the list to the superintendent of each school	22265
district. The district superintendent shall provide a copy of any	22266
item on the list to anyone who requests it.	22267

(6) For any district that sponsors a conversion community	22268
school under Chapter 3314. of the Revised Code, the department	22269
shall combine data regarding the academic performance of students	22270
enrolled in the community school with comparable data from the	22271
schools of the district for the purpose of calculating the	22272
performance of the district as a whole on the report card issued	22273
for the district.	22274

(E) In calculating reading, writing, mathematics, social	22275
studies, or science proficiency or achievement test passage rates	22276
used to determine school district performance under this section,	22277
the department shall include all students taking a test with	22278
accommodation or to whom an alternate assessment is administered	22279
pursuant to division (C)(1) of section 3301.0711 of the Revised	22280
Code, but shall not include any student excused from taking a test	22281
pursuant to division (C)(3) of that section, whether or not the	22282
student chose to take the test voluntarily in spite of the	22283
exemption granted in that division.	22284

Sec. 3311.05.  (A) The territory within the territorial	22285
limits of a county, or the territory included in a district formed	22286
under either section 3311.053 or 3311.059 of the Revised Code,	22287
exclusive of the territory embraced in any city school district or	22288
exempted village school district, and excluding the territory	22289
detached therefrom for school purposes and including the territory	22290
attached thereto for school purposes constitutes an educational	22291
service center.	22292

(B) A county school financing district created under section	22293
3311.50 of the Revised Code is not the school district described	22294
in division (A) of this section or any other school district but	22295
is a taxing district.	22296

Sec. 3311.059. The procedure prescribed in this section may	22297
be used in lieu of a transfer prescribed under section 3311.231 of	22298
the Revised Code.	22299

(A) Subject to divisions (B) and (C) of this section, a board	22300
of education of a local school district may by a resolution	22301
approved by a majority of all its members propose to sever that	22302
local school district from the territory of the educational	22303
service center in which the local school district is currently	22304
included and to instead annex the local school district to the	22305
territory of another educational service center, the current	22306
territory of which is adjacent to the territory of the educational	22307
service center in which the local school district is currently	22308
included. The resolution shall promptly be filed with the	22309
governing board of each educational service center affected by the	22310
resolution and with the superintendent of public instruction.	22311

(B) The resolution adopted under division (A) of this section	22312
shall not be effective unless it is approved by both the governing	22313
board of the educational service center to which the board of	22314
education proposes to annex the local school district and the	22315
state board of education. The severance of the local school	22316
district from one educational service center and its annexation to	22317
another educational service center under this section shall not be	22318
effective until one year after the first day of July following the	22319
later of the date that the governing board of the educational	22320
service center to which the local school district is proposed to	22321
be annexed approves the resolution or the date the board of	22322
elections certifies the results of the referendum election as	22323
provided in division (C) of this section.	22324

(C) Within sixty days following the date of the adoption of	22325
the resolution under division (A) of this section, the electors of	22326
the local school district may petition for a referendum vote on	22327
the resolution. The question whether to approve or disapprove the	22328
resolution shall be submitted to the electors of such school	22329
district if a number of qualified electors equal to twenty per	22330
cent of the number of electors in the school district who voted	22331
for the office of governor at the most recent general election for	22332
that office sign a petition asking that the question of whether	22333
the resolution shall be disapproved be submitted to the electors.	22334
The petition shall be filed with the board of elections of the	22335
county in which the school district is located. If the school	22336
district is located in more than one county, the petition shall be	22337
filed with the board of elections of the county in which the	22338
majority of the territory of the school district is located. The	22339
board shall certify the validity and sufficiency of the signatures	22340
on the petition.	22341

The board of elections shall immediately notify the board of	22342
education of the local school district and the governing board of	22343
each educational service center affected by the resolution that	22344
the petition has been filed.	22345

The effect of the resolution shall be stayed until the board	22346
of elections certifies the validity and sufficiency of the	22347
signatures on the petition. If the board of elections determines	22348
that the petition does not contain a sufficient number of valid	22349
signatures and sixty days have passed since the adoption of the	22350
resolution, the resolution shall become effective as provided in	22351
division (B) of this section.	22352

If the board of elections certifies that the petition	22353
contains a sufficient number of valid signatures, the board shall	22354
submit the question to the qualified electors of the school	22355
district on the day of the next general or primary election held	22356
at least seventy-five days after the board of elections certifies	22357
the validity and sufficiency of signatures on the petition. The	22358
election shall be conducted and canvassed and the results shall be	22359
certified in the same manner as in regular elections for the	22360
election of members of a board of education.	22361

If a majority of the electors voting on the question	22362
disapprove the resolution, the resolution shall not become	22363
effective. If a majority of the electors voting on the question	22364
approve the resolution, the resolution shall become effective as	22365
provided in division (B) of this section.	22366

(D) Upon the effective date of the severance of the local	22367
school district from one educational service center and its	22368
annexation to another educational service center as provided in	22369
division (B) of this section, the governing board of each	22370
educational service center shall take such steps for the election	22371
of members of the governing board and for organization of the	22372
governing board as prescribed in Chapter 3313. of the Revised	22373
Code.	22374

Sec. 3311.24.  (A) Except as provided in division (B) of this	22375
section, if the board of education of a city, exempted village, or	22376
local school district deems it advisable to transfer territory	22377
from such district to an adjoining city, exempted village, or	22378
local school district, or if a petition, signed by seventy-five	22379
per cent of the qualified electors residing within that portion of	22380
a city, exempted village, or local school district proposed to be	22381
transferred voting at the last general election, requests such a	22382
transfer, the board of education of the district in which such	22383
proposal originates shall file such proposal, together with a map	22384
showing the boundaries of the territory proposed to be	22385
transferred, with the state board of education prior to the first	22386
day of April in any even-numbered year. The state board of	22387
education may, if it is advisable, provide for a hearing in any	22388
suitable place in any of the school districts affected by such	22389
proposed transfer of territory. The state board of education or	22390
its representatives shall preside at any such hearing.	22391

A board of education of a city, exempted village, or local	22392
school district that receives a petition of transfer under this	22393
division shall cause the board of elections to check the	22394
sufficiency of signatures on the petition.	22395

Not later than the first day of September the state board of	22396
education shall either approve or disapprove a proposed transfer	22397
of territory filed with it as provided by this section and shall	22398
notify, in writing, the boards of education of the districts	22399
affected by such proposed transfer of territory of its decision.	22400

If the decision of the state board of education is an	22401
approval of the proposed transfer of territory then the board of	22402
education of the district in which the territory is located shall,	22403
within thirty days after receiving the state board of education's	22404
decision, adopt a resolution transferring the territory and shall	22405
forthwith submit a copy of such resolution to the treasurer of the	22406
board of education of the city, exempted village, or local school	22407
district to which the territory is transferred. Such transfer	22408
shall not be complete however, until:	22409

(1) A resolution accepting the transfer has been passed by a	22410
majority vote of the full membership of the board of education of	22411
the city, exempted village, or local school district to which the	22412
territory is transferred;	22413

(2) An equitable division of the funds and indebtedness	22414
between the districts involved has been made by the board of	22415
education making the transfer;	22416

(3) A map showing the boundaries of the territory transferred	22417
has been filed, by the board of education accepting the transfer,	22418
with the county auditor of each county affected by the transfer.	22419

When such transfer is complete the legal title of the school	22420
property in the territory transferred shall be vested in the board	22421
of education or governing board of the school district to which	22422
the territory is transferred.	22423

(B) Whenever the transfer of territory pursuant to this	22424
section is initiated by a board of education, the board shall,	22425
before filing a proposal for transfer with the state board of	22426
education under this section, make a good faith effort to	22427
negotiate the terms of transfer with any other school district	22428
whose territory would be affected by the transfer. Before the	22429
state board may hold a hearing on the transfer, or approve or	22430
disapprove any such transfer, it must receive the following:	22431

(1) A resolution requesting approval of the transfer, passed	22432
by the school district submitting the proposal;	22433

(2) Evidence determined to be sufficient by the state board	22434
to show that good faith negotiations have taken place or that the	22435
district requesting the transfer has made a good faith effort to	22436
hold such negotiations;	22437

(3) If any negotiations took place, a statement signed by all	22438
boards that participated in the negotiations, listing the terms	22439
agreed on and the points on which no agreement could be reached.	22440

Negotiations held pursuant to this section shall be governed	22441
by the rules adopted by the state board under division (D) of	22442
section 3311.06 of the Revised Code. Districts involved in a	22443
transfer under division (B) of this section may agree to share	22444
revenues from the property included in the territory to be	22445
transferred, establish cooperative programs between the	22446
participating districts, and establish mechanisms for the	22447
settlement of any future boundary disputes.	22448

Sec. 3311.26. A governing board of an educational service	22449
centerThe state board of education may, by resolution adopted by	22450
majority vote of its full membership, propose the creation of a	22451
new local school district from one or more local school districts	22452
or parts thereof, including the creation of a local district with	22453
noncontiguous territory from one or more local school districts if	22454
one of those districts has entered into an agreement under section	22455
3313.42 of the Revised Code. Such proposal shall include an	22456
accurate map showing the territory affected. After the adoption of	22457
the resolution, the governingstate board shall file a copy of	22458
such proposal with the board of education of each school district	22459
whose boundaries would be altered by such proposal.	22460

A governing board of a service center proposingUpon the	22461
creation of a new district under this section, the state board	22462
shall at its next regular meeting that occurs not earlier than	22463
thirty days after the adoption by the governingstate board of the	22464
resolution proposing such creation, adopt a resolution making the	22465
creation effective prior to the next succeeding first day of July,	22466
unless, prior to the expiration of such thirty-day period,	22467
qualified electors residing in the area included in such proposed	22468
new district, equal in number to thirty-five per cent of the	22469
qualified electors voting at the last general election, file a	22470
petition of referendum against the creation of the proposed new	22471
district.	22472

A petition of referendum filed under this section shall be	22473
filed at the office of the educational service centerstate	22474
superintendent of public instruction. The person presenting the	22475
petition shall be given a receipt containing thereon the time of	22476
day, the date, and the purpose of the petition.	22477

If a petition of referendum is filed, the governingstate	22478
board shall, at the next regular meeting of the governingstate	22479
board, certify the proposal to the board of elections for the	22480
purpose of having the proposal placed on the ballot at the next	22481
general or primary election which occurs not less than	22482
seventy-five days after the date of such certification, or at a	22483
special election, the date of which shall be specified in the	22484
certification, which date shall not be less than seventy-five days	22485
after the date of such certification.	22486

Upon certification of a proposal to the board or boards of	22487
elections pursuant to this section, the board or boards of	22488
elections shall make the necessary arrangements for the submission	22489
of such question to the electors of the county or counties	22490
qualified to vote thereon, and the election shall be conducted and	22491
canvassed and the results shall be certified in the same manner as	22492
in regular elections for the election of members of a board of	22493
education.	22494

The persons qualified to vote upon a proposal are the	22495
electors residing in the proposed new districts.	22496

If the proposed district be approved by at least a majority	22497
of the electors voting on the proposal, the governingstate board	22498
shall then create such new district prior to the next succeeding	22499
first day of July, and shall so notify the state board of	22500
education.	22501

Upon the creation of such district, the indebtedness of each	22502
former district becoming in its entirety a part of the new	22503
district shall be assumed in full by the new district. Upon the	22504
creation of such district, that part of the net indebtedness of	22505
each former district becoming only in part a part of the new	22506
district shall be assumed by the new district which bears the same	22507
ratio to the entire net indebtedness of the former district as the	22508
assessed valuation of the part taken by the new district bears to	22509
the entire assessed valuation of the former district as fixed on	22510
the effective date of transfer. As used in this section, "net	22511
indebtedness" means the difference between the par value of the	22512
outstanding and unpaid bonds and notes of the school district and	22513
the amount held in the sinking fund and other indebtedness	22514
retirement funds for their redemption. Upon the creation of such	22515
district, the funds of each former district becoming in its	22516
entirety a part of the new district shall be paid over in full to	22517
the new district. Upon the creation of such district, the funds of	22518
each former district becoming only in part a part of the new	22519
district shall be divided equitably by the governingstate board	22520
between the new district and that part of the former district not	22521
included in the new district as such funds existed on the	22522
effective date of the creation of the new district.	22523

The governingstate board shall, following the election, file	22524
with the county auditor of each county affected by the creation of	22525
a new district an accurate map showing the boundaries of such	22526
newly created district.	22527

When a new local school district is so created within an	22528
educational service center, a board of education for such newly	22529
created district shall be appointed by the educational service	22530
center governingstate board. The members of such appointed board	22531
of education shall hold their office until their successors are	22532
elected and qualified. A board of education shall be elected for	22533
such newly created district at the next general election held in	22534
an odd numbered year occurring more than thirty days after the	22535
appointment of the board of education of such newly created	22536
district. At such election two members shall be elected for a term	22537
of two years and three members shall be elected for a term of four	22538
years, and, thereafter, their successors shall be elected in the	22539
same manner and for the same terms as members of the board of	22540
education of a local school district.	22541

When the new district consists of territory lying in two or	22542
more counties, the state board shall determine to which	22543
educational service center the new district shall be assigned.	22544

The legal title of all property of the board of education in	22545
the territory taken shall become vested in the board of education	22546
of the newly created school district.	22547

Foundation program moneys accruing to a district created	22548
under the provisions of this section or previous section 3311.26	22549
of the Revised Code, shall not be less, in any year during the	22550
next succeeding three years following the creation, than the sum	22551
of the amounts received by the districts separately in the year in	22552
which the creation of the district became effective.	22553

If, prior to the effective date of this amendment, a local	22554
school district board of education or a group of individuals	22555
requests the governing board of an educational service center to	22556
consider proposing the creation of a new local school district,	22557
the governing board, at any time during the one-year period	22558
following the date that request is made, may adopt a resolution	22559
proposing the creation of a new local school district in response	22560
to that request and in accordance with the first paragraph of the	22561
version of this section in effect prior to the effective date of	22562
this amendment. If the governing board so proposes within that	22563
one-year period, the governing board may proceed to create the new	22564
local school district as it proposed, in accordance with the	22565
version of this section in effect prior to the effective date of	22566
this amendment, subject to the provisions of that version	22567
authorizing a petition and referendum on the matter.	22568

Consolidations of school districts which include all of the	22569
schools of a county and which become effective on or after July 1,	22570
1959, shall be governed and included under this section.	22571

Sec. 3313.41.  (A) Except as provided in divisions (C), (D),	22572
(F), and (G) of this section, when a board of education decides to	22573
dispose of real or personal property that it owns in its corporate	22574
capacity, and that exceeds in value ten thousand dollars, it shall	22575
sell the property at public auction, after giving at least thirty	22576
days' notice of the auction by publication in a newspaper of	22577
general circulation or by posting notices in five of the most	22578
public places in the school district in which the property, if it	22579
is real property, is situated, or, if it is personal property, in	22580
the school district of the board of education that owns the	22581
property. The board may offer real property for sale as an entire	22582
tract or in parcels.	22583

(B) When the board of education has offered real or personal	22584
property for sale at public auction at least once pursuant to	22585
division (A) of this section, and the property has not been sold,	22586
the board may sell it at a private sale. Regardless of how it was	22587
offered at public auction, at a private sale, the board shall, as	22588
it considers best, sell real property as an entire tract or in	22589
parcels, and personal property in a single lot or in several lots.	22590

(C) If a board of education decides to dispose of real or	22591
personal property that it owns in its corporate capacity and that	22592
exceeds in value ten thousand dollars, it may sell the property to	22593
the adjutant general; to any subdivision or taxing authority as	22594
respectively defined in divisions (A) and (C) of section 5705.01	22595
of the Revised Code, township park district, board of park	22596
commissioners established under Chapter 755. of the Revised Code,	22597
or park district established under Chapter 1545. of the Revised	22598
Code; to a wholly or partially tax-supported university,	22599
university branch, or college; or to the board of trustees of a	22600
school district library, upon such terms as are agreed upon. The	22601
sale of real or personal property to the board of trustees of a	22602
school district library is limited, in the case of real property,	22603
to a school district library within whose boundaries the real	22604
property is situated, or, in the case of personal property, to a	22605
school district library whose boundaries lie in whole or in part	22606
within the school district of the selling board of education.	22607

(D) When a board of education decides to trade as a part or	22608
an entire consideration, an item of personal property on the	22609
purchase price of an item of similar personal property, it may	22610
trade the same upon such terms as are agreed upon by the parties	22611
to the trade.	22612

(E) The president and the treasurer of the board of education	22613
shall execute and deliver deeds or other necessary instruments of	22614
conveyance to complete any sale or trade under this section.	22615

(F) When a board of education has identified a parcel of real	22616
property that it determines is needed for school purposes, the	22617
board may, upon a majority vote of the members of the board,	22618
acquire that property by exchanging real property that the board	22619
owns in its corporate capacity for the identified real property or	22620
by using real property that the board owns in its corporate	22621
capacity as part or an entire consideration for the purchase price	22622
of the identified real property. Any exchange or acquisition made	22623
pursuant to this division shall be made by a conveyance executed	22624
by the president and the treasurer of the board.	22625

(G)(1) When a school district board of education decides to	22626
dispose of real property suitable for use as classroom space,	22627
prior to disposing of such property under division (A) through (F)	22628
of this section, it shall first offer that property for sale to	22629
the governing authorities of the start-up community schools,	22630
established under Chapter 3314. of the Revised Code and located	22631
within the territory of the school district, at a price that is	22632
not higher than the appraised fair market value of that property.	22633
If more than one community school governing authority accepts the	22634
offer made by the school district board, the board shall sell the	22635
property to the governing authority that accepted the offer first	22636
in time. If no community school governing authority accepts the	22637
offer within sixty days after the offer is made by the school	22638
district board, the board may dispose of the property in the	22639
applicable manner prescribed under divisions (A) to (F) of this	22640
section.	22641

(2) If disposal of real property is planned as a part of a	22642
school district project under Chapter 3318. of the Revised Code,	22643
the Ohio school facilities commission shall not release any state	22644
funds to a school district until the district has complied with	22645
the provisions of division (G)(1) of this section, except for	22646
funds specified for demolition of a facility to clear a site for	22647
construction of a replacement facility included in the district's	22648
project.	22649

Sec. 3313.843.  (A) Notwithstanding division (D) of section	22650
3311.52 of the Revised Code, this section does not apply to either	22651
of the following:	22652

(1) Any cooperative education school district;

22653

(2) Any city or exempted village school district with a total	22654
student count of thirteen thousand or more determined pursuant to	22655
section 3317.03 of the Revised Code that has not entered into one	22656
or more agreements pursuant to this section prior to July 1, 1993,	22657
unless the district's total student count did not exceed thirteen	22658
thousand at the time it entered into an initial agreement under	22659
this section.	22660

(B) The board of education of a city or exempted village	22661
school district and the governing board of an educational service	22662
center with territory in a county in which the city or exempted	22663
village school district also has territory may enter into an	22664
agreement, through adoption of identical resolutions, under which	22665
the educational service center governing board will provide	22666
services to the city or exempted village school district.	22667

Services provided under the agreement shall be specified in	22668
the agreement, and may include any one or a combination of the	22669
following: supervisory teachers; in-service and continuing	22670
education programs for city or exempted village school district	22671
personnel; curriculum services as provided to the local school	22672
districts under the supervision of the service center governing	22673
board; research and development programs; academic instruction for	22674
which the governing board employs teachers pursuant to section	22675
3319.02 of the Revised Code; and assistance in the provision of	22676
special accommodations and classes for handicapped students.	22677
Services included in the agreement shall be provided to the city	22678
or exempted village district in the same manner they are provided	22679
to local school districts under the governing board's supervision,	22680
unless otherwise specified in the agreement. The city or exempted	22681
village board of education shall reimburse the educational service	22682
center governing board pursuant to section 3317.11 of the Revised	22683
Code.	22684

(C)(1) If an educational service center received funding	22685
under division (B) of former section 3317.11 or division (F) of	22686
section 3317.11 of the Revised Code for an agreement under this	22687
section involving a city school district whose total student count	22688
was less than thirteen thousand, the service center may continue	22689
to receive funding under that division for such an agreement in	22690
any subsequent year if the city district's total student count	22691
exceeds thirteen thousand. However, only the first thirteen	22692
thousand pupils in the formula ADM of such district shall be	22693
included in determining the amount of the per pupil subsidy the	22694
service center shall receive under division (B)(F) of section	22695
3317.11 of the Revised Code.	22696

(2) If, prior to the effective date of this amendmentJuly 1,	22697
1998, an educational service center received funding under	22698
division (B) of former section 3317.11 of the Revised Code for a	22699
period of at least three years, for a good faith agreement under	22700
this section involving a city school district with no territory in	22701
the county in which the educational service center has territory,	22702
that educational service center and that city school district may	22703
enter into an agreement under this section, and the service center	22704
shall receive funding under division (B)(F) of section 3317.11 of	22705
the Revised Code for any such agreement, notwithstanding the	22706
territorial boundaries of the service center and the city school	22707
district.	22708

(D) Any agreement entered into pursuant to this section shall	22709
be valid only if a copy is filed with the department of education	22710
by the first day of the school year for which the agreement is in	22711
effect.	22712

Sec. 3313.976.  (A) No private school may receive scholarship	22713
payments from parents pursuant to section 3313.979 of the Revised	22714
Code until the chief administrator of the private school registers	22715
the school with the superintendent of public instruction. The	22716
state superintendent shall register any school that meets the	22717
following requirements:	22718

(1) The school is located within the boundaries of the pilot	22719
project school district;	22720

(2) The school indicates in writing its commitment to follow	22721
all requirements for a state-sponsored scholarship program	22722
specified under sections 3313.974 to 3313.979 of the Revised Code,	22723
including, but not limited to, the requirements for admitting	22724
students pursuant to section 3313.977 of the Revised Code;	22725

(3) The school meets all state minimum standards for	22726
chartered nonpublic schools in effect on July 1, 1992, except that	22727
the state superintendent at the superintendent's discretion may	22728
register nonchartered nonpublic schools meeting the other	22729
requirements of this division;	22730

(4) The school does not discriminate on the basis of race,	22731
religion, or ethnic background;	22732

(5) The school enrolls a minimum of ten students per class or	22733
a sum of at least twenty-five students in all the classes offered;	22734

(6) The school does not advocate or foster unlawful behavior	22735
or teach hatred of any person or group on the basis of race,	22736
ethnicity, national origin, or religion;	22737

(7) The school does not provide false or misleading	22738
information about the school to parents, students, or the general	22739
public;	22740

(8) The school agrees not to charge any tuition to low-income	22741
families participating inreceiving ninety per cent of the	22742
scholarship amount through the scholarship program, pursuant to	22743
division (A) of section 3313.978 of the Revised Code, in excess of	22744
ten per cent of the scholarship amount established pursuant to	22745
division (C)(1) of section 3313.978 of the Revised Code, excluding	22746
any increase described in division (C)(2) of that section. The	22747
school shall permit any such tuition, at the discretion of the	22748
parent, to be satisfied by the low-income family's provision of	22749
in-kind contributions or services.	22750

(9) The school agrees not to charge any tuition to low-income	22751
families receiving a seventy-five per cent scholarship amount	22752
through the scholarship program, pursuant to division (A) of	22753
section 3313.978 of the Revised Code, in excess of the difference	22754
between the actual tuition charge of the school and seventy-five	22755
per cent of the scholarship amount established pursuant to	22756
division (C)(1) of section 3313.978 of the Revised Code, excluding	22757
any increase described in division (C)(2) of that section. The	22758
school shall permit such tuition, at the discretion of the parent,	22759
to be satisfied by the low-income family's provision of in-kind	22760
contributions or services.	22761

(B) The state superintendent shall revoke the registration of	22762
any school if, after a hearing, the superintendent determines that	22763
the school is in violation of any of the provisions of division	22764
(A) of this section.	22765

(C) Any public school located in a school district adjacent	22766
to the pilot project district may receive scholarship payments on	22767
behalf of parents pursuant to section 3313.979 of the Revised Code	22768
if the superintendent of the district in which such public school	22769
is located notifies the state superintendent prior to the first	22770
day of March that the district intends to admit students from the	22771
pilot project district for the ensuing school year pursuant to	22772
section 3327.06 of the Revised Code.	22773

(D) Any parent wishing to purchase tutorial assistance from	22774
any person or governmental entity pursuant to the pilot project	22775
program under sections 3313.974 to 3313.979 of the Revised Code	22776
shall apply to the state superintendent. The state superintendent	22777
shall approve providers who appear to possess the capability of	22778
furnishing the instructional services they are offering to	22779
provide.	22780

Sec. 3313.978.  (A) Annually by the first day of November,	22781
the superintendent of public instruction shall notify the pilot	22782
project school district of the number of initial scholarships that	22783
the state superintendent will be awarding in each of grades	22784
kindergarten through third.	22785

The state superintendent shall provide information about the	22786
scholarship program to all students residing in the district,	22787
shall accept applications from any such students until such date	22788
as shall be established by the state superintendent as a deadline	22789
for applications, and shall establish criteria for the selection	22790
of students to receive scholarships from among all those applying	22791
prior to the deadline, which criteria shall give preference to	22792
students from low-income families. For each student selected, the	22793
state superintendent shall also determine whether the student	22794
qualifies for seventy-five or ninety per cent of the scholarship	22795
amount. Students whose family income is at or above two hundred	22796
per cent of the maximum income level established by the state	22797
superintendent for low-income families shall qualify for	22798
seventy-five per cent of the scholarship amount and students whose	22799
family income is below two hundred per cent of that maximum income	22800
level shall qualify for ninety per cent of the scholarship amount.	22801
The state superintendent shall notify students of their selection	22802
prior to the fifteenth day of January and whether they qualify for	22803
seventy-five or ninety per cent of the scholarship amount.	22804

(1) A student receiving a pilot project scholarship may	22805
utilize it at an alternative public school by notifying the	22806
district superintendent, at any time before the beginning of the	22807
school year, of the name of the public school in an adjacent	22808
school district to which the student has been accepted pursuant to	22809
section 3327.06 of the Revised Code.	22810

(2) A student may decide to utilize a pilot project	22811
scholarship at a registered private school in the district if all	22812
of the following conditions are met:	22813

(a) By the fifteenth day of February of the preceding school	22814
year, or at any time prior to the start of the school year, the	22815
parent makes an application on behalf of the student to a	22816
registered private school.	22817

(b) The registered private school notifies the parent and the	22818
state superintendent as follows that the student has been	22819
admitted:	22820

(i) By the fifteenth day of March of the preceding school	22821
year if the student filed an application by the fifteenth day of	22822
February and was admitted by the school pursuant to division (A)	22823
of section 3313.977 of the Revised Code;	22824

(ii) Within one week of the decision to admit the student if	22825
the student is admitted pursuant to division (C) of section	22826
3313.977 of the Revised Code.	22827

(c) The student actually enrolls in the registered private	22828
school to which the student was first admitted or in another	22829
registered private school in the district or in a public school in	22830
an adjacent school district.	22831

(B) The state superintendent shall also award in any school	22832
year tutorial assistance grants to a number of students equal to	22833
the number of students who receive scholarships under division (A)	22834
of this section. Tutorial assistance grants shall be awarded	22835
solely to students who are enrolled in the public schools of the	22836
district in a grade level covered by the pilot project. Tutorial	22837
assistance grants may be used solely to obtain tutorial assistance	22838
from a provider approved pursuant to division (D) of section	22839
3313.976 of the Revised Code.	22840

All students wishing to obtain tutorial assistance grants	22841
shall make application to the state superintendent by the first	22842
day of the school year in which the assistance will be used. The	22843
state superintendent shall award assistance grants in accordance	22844
with criteria the superintendent shall establish. For each student	22845
awarded a grant, the state superintendent shall also determine	22846
whether the student qualifies for seventy-five or ninety per cent	22847
of the grant amount and so notify the student. Students whose	22848
family income is at or above two hundred per cent of the maximum	22849
income level established by the state superintendent for	22850
low-income families shall qualify for seventy-five per cent of the	22851
grant amount and students whose family income is below two hundred	22852
per cent of that maximum income level shall qualify for ninety per	22853
cent of the grant amount.	22854

(C)(1) In the case of basic scholarships, the scholarship	22855
amount shall not exceed the lesser of the tuition charges of the	22856
alternative school the scholarship recipient attends or an amount	22857
established by the state superintendent not in excess of	22858
twenty-five hundredthree thousand dollars.	22859

(2) The state superintendent shall provide for an increase in	22860
the basic scholarship amount in the case of any student who is a	22861
mainstreamed handicapped student and shall further increase such	22862
amount in the case of any separately educated handicapped child.	22863
Such increases shall take into account the instruction, related	22864
services, and transportation costs of educating such students.	22865

(3) In the case of tutorial assistance grants, the grant	22866
amount shall not exceed the lesser of the provider's actual	22867
charges for such assistance or a percentage established by the	22868
state superintendent, not to exceed twenty per cent, of the amount	22869
of the pilot project school district's average basic scholarship	22870
amount.	22871

(4) No scholarship or tutorial assistance grant shall be	22872
awarded unless the state superintendent determines that	22873
twenty-five or ten per cent, as applicable, of the amount	22874
specified for such scholarship or grant pursuant to division	22875
(C)(1), (2), or (3) of this section will be furnished by a	22876
political subdivision, a private nonprofit or for profit entity,	22877
or another person. Only seventy-five or ninety per cent of such	22878
amounts, as applicable, shall be paid from state funds pursuant to	22879
section 3313.979 of the Revised Code.	22880

(D)(1) Annually by the first day of November, the state	22881
superintendent shall estimate the maximum per-pupil scholarship	22882
amounts for the ensuing school year. The state superintendent	22883
shall make this estimate available to the general public at the	22884
offices of the district board of education together with the forms	22885
required by division (D)(2) of this section.	22886

(2) Annually by the fifteenth day of January, the chief	22887
administrator of each registered private school located in the	22888
pilot project district and the principal of each public school in	22889
such district shall complete a parental information form and	22890
forward it to the president of the board of education. The	22891
parental information form shall be prescribed by the department of	22892
education and shall provide information about the grade levels	22893
offered, the numbers of students, tuition amounts, achievement	22894
test results, and any sectarian or other organizational	22895
affiliations.	22896

Sec. 3313.979.  Each scholarship or grant to be used for	22897
payments to a registered private school or to an approved tutorial	22898
assistance provider is payable to the parents of the student	22899
entitled to the scholarship or grant. Each scholarship to be used	22900
for payments to a public school in an adjacent school district is	22901
payable to the school district of attendance by the superintendent	22902
of public instruction. Each grant to be used for payments to an	22903
approved tutorial assistance provider is payable to the approved	22904
tutorial assistance provider.	22905

(A)(1) By the fifteenth day of each month of the school year	22906
that any scholarship students are enrolled in a registered private	22907
school, the chief administrator of that school shall notify the	22908
state superintendent of:	22909

(a) The number of students who were reported to the school	22910
district as having been admitted by that private school pursuant	22911
to division (A)(2)(b) of section 3313.978 of the Revised Code and	22912
who were still enrolled in the private school as of the first day	22913
of such month, and the numbers of such students who qualify for	22914
seventy-five and ninety per cent of the scholarship amount;	22915

(b) The number of students who were reported to the school	22916
district as having been admitted by another private school	22917
pursuant to division (A)(2)(b) of section 3313.978 of the Revised	22918
Code and since the date of admission have transferred to the	22919
school providing the notification under division (A)(1) of this	22920
section, and the numbers of such students who qualify for	22921
seventy-five and ninety per cent of the scholarship amount.	22922

(2) From time to time, the state superintendent shall make a	22923
payment to the parent of each student entitled to a scholarship.	22924
Each payment shall include for each student reported under	22925
division (A)(1) of this section, a portion of seventy-five or	22926
ninety per cent, as applicable, of the scholarship amount	22927
specified in divisions (C)(1) and (2) of section 3313.978 of the	22928
Revised Code. This amount shall be proportionately reduced in the	22929
case of any such student who is not enrolled in a registered	22930
private school for the entire school year.	22931

(3) The first payment under this division shall be made by	22932
the last day of November and shall equal one-third of seventy-five	22933
or ninety per cent, as applicable, of the estimated total amount	22934
that will be due to the parent for the school year pursuant to	22935
division (A)(2) of this section.	22936

(B) The state superintendent, on behalf of the parents of a	22937
scholarship student enrolled in a public school in an adjacent	22938
school district pursuant to section 3327.06 of the Revised Code,	22939
shall make the tuition payments required by that section to the	22940
school district admitting the student, except that,	22941
notwithstanding sections 3323.13, 3323.14, and 3327.06 of the	22942
Revised Code, the total payments in any school year shall not	22943
exceed seventy-five or ninety per cent, as applicable, of the	22944
scholarship amount provided in divisions (C)(1) and (2) of section	22945
3313.978 of the Revised Code.	22946

(C) Whenever an approved provider provides tutorial	22947
assistance to a student, the state superintendent shall pay the	22948
parentapproved provider for such costs upon receipt of a	22949
statement from the parent specifying the services provided and the	22950
costs of the services, which statement shall be signed by the	22951
provider and verified by the chief administrator having	22952
supervisory control over the tutoring site. The total payments to	22953
any parentapproved provider under this division for all provider	22954
services to any individual student in any school year shall not	22955
exceed seventy-five or ninety per cent, as applicable, of the	22956
grant amount provided in division (C)(3) of section 3313.978 of	22957
the Revised Code.	22958

Sec. 3313.981.  (A) The state board shall adopt rules	22959
requiring all of the following:	22960

(1) The board of education of each city, exempted village,	22961
and local school district to annually report to the department of	22962
education all of the following:	22963

(a) The number of adjacent district or other district	22964
students, as applicable, and adjacent district or other district	22965
joint vocational students, as applicable, enrolled in the district	22966
and the number of native students enrolled in adjacent or other	22967
districts, in accordance with a policy adopted under division (B)	22968
of section 3313.98 of the Revised Code;	22969

(b) Each adjacent district or other district student's or	22970
adjacent district or other district joint vocational student's	22971
date of enrollment in the district;	22972

(c) The full-time equivalent number of adjacent district or	22973
other district students enrolled in vocational education programs	22974
or classes described in division (A) of section 3317.014 of the	22975
Revised Code and the full-time equivalent number of such students	22976
enrolled in vocational education programs or classes described in	22977
division (B) of that section;	22978

(d) Each native student's date of enrollment in an adjacent	22979
or other district.	22980

(2) The board of education of each joint vocational school	22981
district to annually report to the department all of the	22982
following:	22983

(a) The number of adjacent district or other district joint	22984
vocational students, as applicable, enrolled in the district;	22985

(b) The full-time equivalent number of adjacent district or	22986
other district joint vocational students enrolled in vocational	22987
education programs or classes described in division (A) of section	22988
3317.014 of the Revised Code and the full-time equivalent number	22989
of such students enrolled in vocational education programs or	22990
classes described in division (B) of that section;	22991

(c) For each adjacent district or other district joint	22992
vocational student, the city, exempted village, or local school	22993
district in which the student is also enrolled.	22994

(3) Prior to the first full school week in October each year,	22995
the superintendent of each city, local, or exempted village school	22996
district that admits adjacent district or other district students	22997
or adjacent district or other district joint vocational students	22998
in accordance with a policy adopted under division (B) of section	22999
3313.98 of the Revised Code to notify each adjacent or other	23000
district where those students are entitled to attend school under	23001
section 3313.64 or 3313.65 of the Revised Code of the number of	23002
the adjacent or other district's native students who are enrolled	23003
in the superintendent's district under the policy.	23004

The rules shall provide for the method of counting students	23005
who are enrolled for part of a school year in an adjacent or other	23006
district or as an adjacent district or other district joint	23007
vocational student.	23008

(B) From the payments made to a city, exempted village, or	23009
local school district under Chapter 3317. of the Revised Code, the	23010
department of education shall annually subtract both of the	23011
following:	23012

(1) An amount equal to the number of the district's native	23013
students reported under division (A)(1) of this section who are	23014
enrolled in adjacent or other school districts pursuant to	23015
policies adopted by such districts under division (B) of section	23016
3313.98 of the Revised Code multiplied by the adjusted formula	23017
amount for the district;	23018

(2) The excess costs computed in accordance with division (E)	23019
of this section for any such native students receiving special	23020
education and related services in adjacent or other school	23021
districts or as an adjacent district or other district joint	23022
vocational student;	23023

(3) For the full-time equivalent number of the district's	23024
native students reported under division (A)(1)(c) or (2)(b) of	23025
this section as enrolled in vocational education programs or	23026
classes described in section 3317.014 of the Revised Code, an	23027
amount equal to the formula amount times the applicable multiple	23028
prescribed by that section.	23029

(C) To the payments made to a city, exempted village, or	23030
local school district under Chapter 3317. of the Revised Code, the	23031
department of education shall annually add all of the following:	23032

(1) An amount equal to the adjusted formula amount for the	23033
district multiplied by the remainder obtained by subtracting the	23034
number of adjacent district or other district joint vocational	23035
students from the number of adjacent district or other district	23036
students enrolled in the district, as reported under division	23037
(A)(1) of this section;	23038

(2) The excess costs computed in accordance with division (E)	23039
of this section for any adjacent district or other district	23040
students, except for any adjacent or other district joint	23041
vocational students, receiving special education and related	23042
services in the district;	23043

(3) For the full-time equivalent number of the adjacent or	23044
other district students who are not adjacent district or other	23045
district joint vocational students and are reported under division	23046
(A)(1)(c) of this section as enrolled in vocational education	23047
programs or classes described in section 3317.014 of the Revised	23048
Code, an amount equal to the formula amount times the applicable	23049
multiple prescribed by that section;	23050

(4) An amount equal to the number of adjacent district or	23051
other district joint vocational students reported under division	23052
(A)(1) of this section multiplied by an amount equal to one-fourth	23053
ten per cent of the adjusted formula amount for the district.	23054

(D) To the payments made to a joint vocational school	23055
district under Chapter 3317. of the Revised Code, the department	23056
of education shall add, for each adjacent district or other	23057
district joint vocational student reported under division (A)(2)	23058
of this section, both of the following:	23059

(1) An amount equal to the adjusted formula amount of the	23060
city, exempted village, or local school district in which the	23061
student is also enrolled;	23062

(2) An amount equal to the full-time equivalent number of	23063
students reported pursuant to division (A)(2)(b) of this section	23064
times the formula amount times the applicable multiple prescribed	23065
by section 3317.014 of the Revised Code.	23066

(E)(1) A city, exempted village, or local school board	23067
providing special education and related services to an adjacent or	23068
other district student in accordance with an IEP shall, pursuant	23069
to rules of the state board, compute the excess costs to educate	23070
such student as follows:	23071

(a) Subtract the adjusted formula amount for the district	23072
from the actual costs to educate the student;	23073

(b) From the amount computed under division (E)(1)(a) of this	23074
section subtract the amount of any funds received by the district	23075
under Chapter 3317. of the Revised Code to provide special	23076
education and related services to the student.	23077

(2) The board shall report the excess costs computed under	23078
this division to the department of education.	23079

(3) If any student for whom excess costs are computed under	23080
division (E)(1) of this section is an adjacent or other district	23081
joint vocational student, the department of education shall add	23082
the amount of such excess costs to the payments made under Chapter	23083
3317. of the Revised Code to the joint vocational school district	23084
enrolling the student.	23085

(F) As provided in division (D)(1)(b) of section 3317.03 of	23086
the Revised Code, no joint vocational school district shall count	23087
any adjacent or other district joint vocational student enrolled	23088
in the district in its formula ADM certified under section 3317.03	23089
of the Revised Code.	23090

(G) No city, exempted village, or local school district shall	23091
receive a payment under division (C) of this section for a	23092
student, and no joint vocational school district shall receive a	23093
payment under division (D) of this section for a student, if for	23094
the same school year that student is counted in the district's	23095
formula ADM certified under section 3317.03 of the Revised Code.	23096

(H) Upon request of a parent, and provided the board offers	23097
transportation to native students of the same grade level and	23098
distance from school under section 3327.01 of the Revised Code, a	23099
city, exempted village, or local school board enrolling an	23100
adjacent or other district student shall provide transportation	23101
for the student within the boundaries of the board's district,	23102
except that the board shall be required to pick up and drop off a	23103
nonhandicapped student only at a regular school bus stop	23104
designated in accordance with the board's transportation policy.	23105
Pursuant to rules of the state board of education, such board may	23106
reimburse the parent from funds received under division (D) of	23107
section 3317.022 of the Revised Code for the reasonable cost of	23108
transportation from the student's home to the designated school	23109
bus stop if the student's family has an income below the federal	23110
poverty line.	23111

Sec. 3314.02.  (A) As used in this chapter:

23112

(1) "Sponsor" means an entity listed in division (C)(1) of	23113
this section, which has been approved by the department of	23114
education to sponsor community schools and with which the	23115
governing authority of the proposed community school enters into a	23116
contract pursuant to this section.	23117

(2) "Pilot project area" means the school districts included	23118
in the territory of the former community school pilot project	23119
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	23120
the 122nd general assembly.	23121

(3) "Challenged school district" means any of the following:

23122

(a) A school district that is part of the pilot project area;

23123

(b) A school district that is either in a state of academic	23124
emergency or in a state of academic watch under section 3302.03 of	23125
the Revised Code;	23126

(c) A big eight school district;

23127

(d) An urban school district.

23128

(4) "Big eight school district" means a school district that	23129
for fiscal year 1997 had both of the following:	23130

(a) A percentage of children residing in the district and	23131
participating in the predecessor of Ohio works first greater than	23132
thirty per cent, as reported pursuant to section 3317.10 of the	23133
Revised Code;	23134

(b) An average daily membership greater than twelve thousand,	23135
as reported pursuant to former division (A) of section 3317.03 of	23136
the Revised Code.	23137

(5) "New start-up school" means a community school other than	23138
one created by converting all or part of an existing public	23139
school, as designated in the school's contract pursuant to	23140
division (A)(17) of section 3314.03 of the Revised Code.	23141

(6) "Urban school district" means one of the state's	23142
twenty-one urban school districts as defined in division (O) of	23143
section 3317.02 of the Revised Code as that section existed prior	23144
to July 1, 1998.	23145

(7) "Internet- or computer-based community school" means a	23146
community school established under this chapter in which the	23147
enrolled students work primarily from their residences on	23148
assignments provided via an internet- or other computer-based	23149
instructional method that does not rely on regular classroom	23150
instruction.	23151

(B) Any person or group of individuals may initially propose	23152
under this division the conversion of all or a portion of a public	23153
school to a community school. The proposal shall be made to the	23154
board of education of the city, local, or exempted village school	23155
district in which the public school is proposed to be converted.	23156
Upon receipt of a proposal, a board may enter into a preliminary	23157
agreement with the person or group proposing the conversion of the	23158
public school, indicating the intention of the board of education	23159
to support the conversion to a community school. A proposing	23160
person or group that has a preliminary agreement under this	23161
division may proceed to finalize plans for the school, establish a	23162
governing authority for the school, and negotiate a contract with	23163
the board of education. Provided the proposing person or group	23164
adheres to the preliminary agreement and all provisions of this	23165
chapter, the board of education shall negotiate in good faith to	23166
enter into a contract in accordance with section 3314.03 of the	23167
Revised Code and division (C) of this section.	23168

(C)(1) Any person or group of individuals may propose under	23169
this division the establishment of a new start-up school to be	23170
located in a challenged school district. The proposal may be made	23171
to any of the following entities:	23172

(a) The board of education of the district in which the	23173
school is proposed to be located;	23174

(b) The board of education of any joint vocational school	23175
district with territory in the county in which is located the	23176
majority of the territory of the district in which the school is	23177
proposed to be located;	23178

(c) The board of education of any other city, local, or	23179
exempted village school district having territory in the same	23180
county where the district in which the school is proposed to be	23181
located has the major portion of its territory;	23182

(d) The governing board of any educational service center as	23183
long as the proposed school will be located in a county within the	23184
territory of the service center or in a county contiguous to such	23185
county;	23186

(e) A sponsoring authority designated by the board of	23187
trustees of any of the thirteen state universities listed in	23188
section 3345.011 of the Revised Code or the board of trustees	23189
itself as long as a mission of the proposed school to be specified	23190
in the contract under division (A)(2) of section 3314.03 of the	23191
Revised Code and as approved by the department of education under	23192
division (B)(2) of section 3314.015 of the Revised Code will be	23193
the practical demonstration of teaching methods, educational	23194
technology, or other teaching practices that are included in the	23195
curriculum of the university's teacher preparation program	23196
approved by the state board of education;	23197

(f) Any qualified tax-exempt entity under section 501(c)(3)	23198
of the Internal Revenue Code as long as all of the following	23199
conditions are satisfied:	23200

(i) The entity has been in operation for at least five years	23201
prior to applying to be a community school sponsor.	23202

(ii) The entity has assets of at least five hundred thousand	23203
dollars.	23204

(iii) The department of education has determined that the	23205
entity is an education-oriented entity under division (B)(3) of	23206
section 3314.015 of the Revised Code.	23207

Until July 1, 2005, any entity described in division	23208
(C)(1)(f) of this section may sponsor only schools that formerly	23209
were sponsored by the state board of education under division	23210
(C)(1)(d) of this section, as it existed prior to April 8, 2003.	23211
After July 1, 2005, such entity may sponsor any new or existing	23212
school.	23213

Any entity described in division (C)(1) of this section may	23214
enter into a preliminary agreement pursuant to division (C)(2) of	23215
this section with the proposing person or group.	23216

(2) A preliminary agreement indicates the intention of an	23217
entity described in division (C)(1) of this section to sponsor the	23218
community school. A proposing person or group that has such a	23219
preliminary agreement may proceed to finalize plans for the	23220
school, establish a governing authority as described in division	23221
(E) of this section for the school, and negotiate a contract with	23222
the entity. Provided the proposing person or group adheres to the	23223
preliminary agreement and all provisions of this chapter, the	23224
entity shall negotiate in good faith to enter into a contract in	23225
accordance with section 3314.03 of the Revised Code.	23226

(3) A new start-up school that is established in a school	23227
district while that district is either in a state of academic	23228
emergency or in a state of academic watch under section 3302.03 of	23229
the Revised Code may continue in existence once the school	23230
district is no longer in a state of academic emergency or academic	23231
watch, provided there is a valid contract between the school and a	23232
sponsor.	23233

(4) A copy of every preliminary agreement entered into under	23234
this division shall be filed with the superintendent of public	23235
instruction.	23236

(D) A majority vote of the board of a sponsoring entity and a	23237
majority vote of the members of the governing authority of a	23238
community school shall be required to adopt a contract and convert	23239
the public school to a community school or establish the new	23240
start-up school. Up to the statewide limit prescribed in section	23241
3314.013 of the Revised Code, an unlimited number of community	23242
schools may be established in any school district provided that a	23243
contract is entered into for each community school pursuant to	23244
this chapter.	23245

(E) As used in this division, "immediate relatives" are	23246
limited to spouses, children, parents, grandparents, siblings, and	23247
in-laws.	23248

Each new start-up community school established under this	23249
chapter shall be under the direction of a governing authority	23250
which shall consist of a board of not less than five individuals	23251
who are not owners or employees, or immediate relatives of owners	23252
or employees, of any for-profit firm that operates or manages a	23253
school for the governing authority.	23254

No person shall serve on the governing authority or operate	23255
the community school under contract with the governing authority	23256
so long as the person owes the state any money or is in a dispute	23257
over whether the person owes the state any money concerning the	23258
operation of a community school that has closed.	23259

(F) Nothing in this chapter shall be construed to permit the	23260
establishment of a community school in more than one school	23261
district under the same contract.	23262

(G) A new start-up school that is established prior to the	23263
effective date of this amendment in an urban school district that	23264
is not also a big-eight school district may continue to operate	23265
after the effective date of this amendment and the contract	23266
between the school's governing authority and the school's sponsor	23267
may be renewed, as provided under this chapter, after the	23268
effective date of this amendment, but no additional new start-up	23269
schools may be established in such a district unless the district	23270
is a challenged school district as defined in this section as it	23271
exists on and after the effective date of this amendment.	23272

Sec. 3314.033. (A) Not later than ninety days after the	23273
effective date of this section, the state board of education shall	23274
adopt rules in accordance with Chapter 119. of the Revised Code	23275
establishing standards governing the operation of internet- or	23276
computer-based community schools, as defined in section 3314.02 of	23277
the Revised Code, and other educational courses delivered	23278
primarily via electronic media.	23279

(B) Each internet- or computer-based community school in	23280
operation on or after the effective date of this section shall	23281
comply with the standards adopted by the state board under	23282
division (A) of this section regardless of whether the school's	23283
contract with its sponsor contains a stipulation requiring such	23284
compliance.	23285

Sec. 3314.041.  The governing authority of each community	23286
school and any operator of such school shall place in a	23287
conspicuous manner in all documents that are distributed	23288
distribute to parents of students of the school or to the general	23289
publicupon their enrollment in the school the following statement	23290
in writing:	23291

"The .............. (here fill in name of the school) school	23292
is a community school established under Chapter 3314. of the	23293
Revised Code. The school is a public school and students enrolled	23294
in and attending the school are required to take proficiency tests	23295
and other examinations prescribed by law. In addition, there may	23296
be other requirements for students at the school that are	23297
prescribed by law. Students who have been excused from the	23298
compulsory attendance law for the purpose of home education as	23299
defined by the Administrative Code shall no longer be excused for	23300
that purpose upon their enrollment in a community school. For more	23301
information about this matter contact the school administration or	23302
the Ohio Department of Education."	23303

Sec. 3314.07.  (A) The expiration of the contract for a	23304
community school between a sponsor and a school shall be the date	23305
provided in the contract. A successor contract may be entered into	23306
pursuant to division (E) of section 3314.03 of the Revised Code	23307
unless the contract is terminated or not renewed pursuant to this	23308
section.	23309

(B)(1) A sponsor may choose not to renew a contract at its	23310
expiration or may choose to terminate a contract prior to its	23311
expiration for any of the following reasons:	23312

(a) Failure to meet student performance requirements stated	23313
in the contract;	23314

(b) Failure to meet generally accepted standards of fiscal	23315
management;	23316

(c) Violation of any provision of the contract or applicable	23317
state or federal law;	23318

(d) Other good cause.

23319

(2) A sponsor may choose to terminate a contract prior to its	23320
expiration if the sponsor has suspended the operation of the	23321
contract under section 3314.072 of the Revised Code.	23322

(3) At least ninety days prior to the termination or	23323
nonrenewal of a contract, the sponsor shall notify the school of	23324
the proposed action in writing. The notice shall include the	23325
reasons for the proposed action in detail, the effective date of	23326
the termination or nonrenewal, and a statement that the school	23327
may, within fourteen days of receiving the notice, request an	23328
informal hearing before the sponsor. Such request must be in	23329
writing. The informal hearing shall be held within seventy days of	23330
the receipt of a request for the hearing. Promptly following the	23331
informal hearing, the sponsor shall issue a written decision	23332
either affirming or rescinding the decision to terminate or not	23333
renew the contract.	23334

(4) A decision by the sponsor to terminate a contract may be	23335
appealed to the state board of education. The decision by the	23336
state board pertaining to an appeal under this division is final.	23337
If the sponsor is the state board, its decision to terminate a	23338
contract under division (B)(3) of this section shall be final.	23339

(5) The termination of a contract under this section shall be	23340
effective upon the occurrence of the later of the following	23341
events:	23342

(a) Ninety days following the date the sponsor notifies the	23343
school of its decision to terminate the contract as prescribed in	23344
division (B)(3) of this section;	23345

(b) If an informal hearing is requested under division (B)(3)	23346
of this section and as a result of that hearing the sponsor	23347
affirms its decision to terminate the contract, the effective date	23348
of the termination specified in the notice issued under division	23349
(B)(3) of this section, or if that decision is appealed to the	23350
state board under division (B)(4) of this section and the state	23351
board affirms that decision, the date established in the	23352
resolution of the state board affirming the sponsor's decision.	23353

(6) Any community school whose contract is terminated under	23354
this division shall not enter into a contract with any other	23355
sponsor.	23356

(C) A child attending a community school whose contract has	23357
been terminated, nonrenewed, or suspended or that closes for any	23358
reason shall be admitted to the schools of the district in which	23359
the child is entitled to attend under section 3313.64 or 3313.65	23360
of the Revised Code. Any deadlines established for the purpose of	23361
admitting students under section 3313.97 or 3313.98 of the Revised	23362
Code shall be waived for students to whom this division pertains.	23363

(D) If a community school does not intend to renew a contract	23364
with its sponsor, the community school shall notify its sponsor in	23365
writing of that fact at least one hundred eighty days prior to the	23366
expiration of the contract. Such a community school may enter into	23367
a contract with a new sponsor in accordance with section 3314.03	23368
of the Revised Code upon the expiration of the previous contract.	23369

(E) A sponsor of a community school and the officers,	23370
directors, or employees of such a sponsor are not liable in	23371
damages in a tort or other civil action for harm allegedly arising	23372
from either of the following:	23373

(1) A failure of the community school or any of its officers,	23374
directors, or employees to perform any statutory or common law	23375
duty or responsibility or any other legal obligation;	23376

(2) An action or omission of the community school or any of	23377
its officers, directors, or employees that results in harm.	23378

(E)(F) As used in this section:

23379

(1) "Harm" means injury, death, or loss to person or	23380
property.	23381

(2) "Tort action" means a civil action for damages for	23382
injury, death, or loss to person or property other than a civil	23383
action for damages for a breach of contract or another agreement	23384
between persons.	23385

Sec. 3314.08.  (A) As used in this section:

23386

(1) "Base formula amount" means the amount specified as such	23387
in a community school's financial plan for a school year pursuant	23388
to division (A)(15) of section 3314.03 of the Revised Code.	23389

(2) "Cost-of-doing-business factor" has the same meaning as	23390
in section 3317.02 of the Revised Code.	23391

(3) "IEP" means an individualized education program as	23392
defined in section 3323.01 of the Revised Code.	23393

(4) "Applicable special education weight" means the multiple	23394
specified in section 3317.013 of the Revised Code for a handicap	23395
described in that section.	23396

(5) "Applicable vocational education weight" means:

23397

(a) For a student enrolled in vocational education programs	23398
or classes described in division (A) of section 3317.014 of the	23399
Revised Code, the multiple specified in that division;	23400

(b) For a student enrolled in vocational education programs	23401
or classes described in division (B) of section 3317.014 of the	23402
Revised Code, the multiple specified in that division.	23403

(6) "Entitled to attend school" means entitled to attend	23404
school in a district under section 3313.64 or 3313.65 of the	23405
Revised Code.	23406

(7) A community school student is "included in the DPIA	23407
student count" of a school district if the student is entitled to	23408
attend school in the district and:	23409

(a) For school years prior to fiscal year 2004, the student's	23410
family receives assistance under the Ohio works first program.	23411

(b) For school years in and after fiscal year 2004, the	23412
student's family income does not exceed the federal poverty	23413
guidelines, as defined in section 5101.46 of the Revised Code, and	23414
the student's family receives family assistance, as defined in	23415
section 3317.029 of the Revised Code.	23416

(8) "DPIA reduction factor" means the percentage figure, if	23417
any, for reducing the per pupil amount of disadvantaged pupil	23418
impact aid a community school is entitled to receive pursuant to	23419
divisions (D)(5) and (6) of this section in any year, as specified	23420
in the school's financial plan for the year pursuant to division	23421
(A)(15) of section 3314.03 of the Revised Code.	23422

(9) "All-day kindergarten" has the same meaning as in section	23423
3317.029 of the Revised Code.	23424

(10) "SF-3 payment" means the sum of the payments to a school	23425
district in a fiscal year under divisions (A), (C)(1), (C)(4),	23426
(D), (E), and (F) of section 3317.022, divisions (J), (P), and (R)	23427
of section 3317.024, and sections 3317.029, 3317.0212, 3317.0213,	23428
3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of	23429
the Revised Code after making the adjustments required by sections	23430
3313.981 and 3313.979, divisions (B), (C), (D), (E), (K), (L), and	23431
(M) of section 3317.023, and division (C) of section 3317.20 of	23432
the Revised Code.	23433

(B) The state board of education shall adopt rules requiring	23434
both of the following:	23435

(1) The board of education of each city, exempted village,	23436
and local school district to annually report the number of	23437
students entitled to attend school in the district who are	23438
enrolled in grades one through twelve in a community school	23439
established under this chapter, the number of students entitled to	23440
attend school in the district who are enrolled in kindergarten in	23441
a community school, the number of those kindergartners who are	23442
enrolled in all-day kindergarten in their community school, and	23443
for each child, the community school in which the child is	23444
enrolled.	23445

(2) The governing authority of each community school	23446
established under this chapter to annually report all of the	23447
following:	23448

(a) The number of students enrolled in grades one through	23449
twelve and the number of students enrolled in kindergarten in the	23450
school who are not receiving special education and related	23451
services pursuant to an IEP;	23452

(b) The number of enrolled students in grades one through	23453
twelve and the number of enrolled students in kindergarten, who	23454
are receiving special education and related services pursuant to	23455
an IEP;	23456

(c) The number of students reported under division (B)(2)(b)	23457
of this section receiving special education and related services	23458
pursuant to an IEP for a handicap described in each of divisions	23459
(A) to (F) of section 3317.013 of the Revised Code;	23460

(d) The full-time equivalent number of students reported	23461
under divisions (B)(2)(a) and (b) of this section who are enrolled	23462
in vocational education programs or classes described in each of	23463
divisions (A) and (B) of section 3317.014 of the Revised Code that	23464
are provided by the community school;	23465

(e) One-fourthTen per cent of the number of students	23466
reported under divisions (B)(2)(a) and (b) of this section who are	23467
not reported under division (B)(2)(d) of this section but who are	23468
enrolled in vocational education programs or classes described in	23469
each of divisions (A) and (B) of section 3317.014 of the Revised	23470
Code at a joint vocational school district under a contract	23471
between the community school and the joint vocational school	23472
district and are entitled to attend school in a city, local, or	23473
exempted village school district whose territory is part of the	23474
territory of the joint vocational district;	23475

(f) The number of enrolled preschool handicapped students	23476
receiving special education services in a state-funded unit;	23477

(g) The community school's base formula amount;

23478

(h) For each student, the city, exempted village, or local	23479
school district in which the student is entitled to attend school;	23480

(i) Any DPIA reduction factor that applies to a school year.

23481

(C) From the paymentsSF-3 payment made to a city, exempted	23482
village, or local school district under Chapter 3317. of the	23483
Revised Code and, if necessary, from the payment made to the	23484
district under sections 321.14321.24 and 323.156 of the Revised	23485
Code, the department of education shall annually subtract allthe	23486
sum of the following:amounts described in divisions (C)(1) to (5)	23487
of this section. However, the aggregate amount deducted under this	23488
division shall not exceed the sum of the district's SF-3 payment	23489
and its payment under sections 321.24 and 323.156 of the Revised	23490
Code.	23491

(1) An amount equal to the sum of the amounts obtained when,	23492
for each community school where the district's students are	23493
enrolled, the number of the district's students reported under	23494
divisions (B)(2)(a), (b), and (e) of this section who are enrolled	23495
in grades one through twelve, and one-half the number of students	23496
reported under those divisions who are enrolled in kindergarten,	23497
in that community school is multiplied by the base formula amount	23498
of that community school as adjusted by the school district's	23499
cost-of-doing-business factor.	23500

(2) The sum of the amounts calculated under divisions	23501
(C)(2)(a) and (b) of this section:	23502

(a) For each of the district's students reported under	23503
division (B)(2)(c) of this section as enrolled in a community	23504
school in grades one through twelve and receiving special	23505
education and related services pursuant to an IEP for a handicap	23506
described in section 3317.013 of the Revised Code, the product of	23507
the applicable special education weight times the community	23508
school's base formula amount;	23509

(b) For each of the district's students reported under	23510
division (B)(2)(c) of this section as enrolled in kindergarten in	23511
a community school and receiving special education and related	23512
services pursuant to an IEP for a handicap described in section	23513
3317.013 of the Revised Code, one-half of the amount calculated as	23514
prescribed in division (C)(2)(a) of this section.	23515

(3) For each of the district's students reported under	23516
division (B)(2)(d) of this section for whom payment is made under	23517
division (D)(4) of this section, the amount of that payment;	23518

(4) An amount equal to the sum of the amounts obtained when,	23519
for each community school where the district's students are	23520
enrolled, the number of the district's students enrolled in that	23521
community school who are included in the district's DPIA student	23522
count is multiplied by the per pupil amount of disadvantaged pupil	23523
impact aid the school district receives that year pursuant to	23524
division (B) or (C) of section 3317.029 of the Revised Code, as	23525
adjusted by any DPIA reduction factor of that community school. If	23526
the district receives disadvantaged pupil impact aid under	23527
division (B) of that section, the per pupil amount of that aid is	23528
the quotient of the amount the district received under that	23529
division divided by the district's DPIA student count, as defined	23530
in that section. If the district receives disadvantaged pupil	23531
impact aid under division (C) of section 3317.029 of the Revised	23532
Code, the per pupil amount of that aid is the per pupil dollar	23533
amount prescribed for the district in division (C)(1) or (2) of	23534
that section.	23535

(5) An amount equal to the sum of the amounts obtained when,	23536
for each community school where the district's students are	23537
enrolled, the district's per pupil amount of aid received under	23538
division (E) of section 3317.029 of the Revised Code, as adjusted	23539
by any DPIA reduction factor of the community school, is	23540
multiplied by the sum of the following:	23541

(a) The number of the district's students reported under	23542
division (B)(2)(a) of this section who are enrolled in grades one	23543
to three in that community school and who are not receiving	23544
special education and related services pursuant to an IEP;	23545

(b) One-half of the district's students who are enrolled in	23546
all-day or any other kindergarten class in that community school	23547
and who are not receiving special education and related services	23548
pursuant to an IEP;	23549

(c) One-half of the district's students who are enrolled in	23550
all-day kindergarten in that community school and who are not	23551
receiving special education and related services pursuant to an	23552
IEP.	23553

The district's per pupil amount of aid under division (E) of	23554
section 3317.029 of the Revised Code is the quotient of the amount	23555
the district received under that division divided by the	23556
district's kindergarten through third grade ADM, as defined in	23557
that section.	23558

(D) The department shall annually pay to a community school	23559
established under this chapter allthe sum of the following:	23560
amounts described in divisions (D)(1) to (6) of this section.	23561
However, the sum of the payments to all community schools under	23562
divisions (D)(1), (2), (4), (5), and (6) of this section for the	23563
students entitled to attend school in any particular school	23564
district shall not exceed the sum of that district's SF-3 payment	23565
and its payment under sections 321.24 and 323.156 of the Revised	23566
Code. If the sum of the payments calculated under those divisions	23567
for the students entitled to attend school in a particular school	23568
district exceeds the sum of that district's SF-3 payment and its	23569
payment under sections 321.24 and 323.156 of the Revised Code, the	23570
department shall calculate and apply a proration factor to the	23571
payments to all community schools under those divisions for the	23572
students entitled to attend school in that district.	23573

(1) An amount equal to the sum of the amounts obtained when	23574
the number of students enrolled in grades one through twelve, plus	23575
one-half of the kindergarten students in the school, reported	23576
under divisions (B)(2)(a), (b), and (e) of this section who are	23577
not receiving special education and related services pursuant to	23578
an IEP for a handicap described in section 3317.013 of the Revised	23579
Code is multiplied by the community school's base formula amount,	23580
as adjusted by the cost-of-doing-business factor of the school	23581
district in which the student is entitled to attend school;	23582

(2) The greater of the following:

23583

(a) The aggregate amount that the department paid to the	23584
community school in fiscal year 1999 for students receiving	23585
special education and related services pursuant to IEPs, excluding	23586
federal funds and state disadvantaged pupil impact aid funds;	23587

(b) The sum of the amounts calculated under divisions	23588
(D)(2)(b)(i) and (ii) of this section:	23589

(i) For each student reported under division (B)(2)(c) of	23590
this section as enrolled in the school in grades one through	23591
twelve and receiving special education and related services	23592
pursuant to an IEP for a handicap described in section 3317.013 of	23593
the Revised Code, the following amount:	23594

(the community school's base formula amount

23595

X the cost-of-doing-business factor

23596

of the district where the student

23597

is entitled to attend school) +	23598

(the applicable special education weight X

23599

the community school's base formula amount);

23600

(ii) For each student reported under division (B)(2)(c) of	23601
this section as enrolled in kindergarten and receiving special	23602
education and related services pursuant to an IEP for a handicap	23603
described in section 3317.013 of the Revised Code, one-half of the	23604
amount calculated under the formula prescribed in division	23605
(D)(2)(b)(i) of this section.	23606

(3) An amount received from federal funds to provide special	23607
education and related services to students in the community	23608
school, as determined by the superintendent of public instruction.	23609

(4) For each student reported under division (B)(2)(d) of	23610
this section as enrolled in vocational education programs or	23611
classes that are described in section 3317.014 of the Revised	23612
Code, are provided by the community school, and are comparable as	23613
determined by the superintendent of public instruction to school	23614
district vocational education programs and classes eligible for	23615
state weighted funding under section 3317.014 of the Revised Code,	23616
an amount equal to the applicable vocational education weight	23617
times the community school's base formula amount times the	23618
percentage of time the student spends in the vocational education	23619
programs or classes.	23620

(5) An amount equal to the sum of the amounts obtained when,	23621
for each school district where the community school's students are	23622
entitled to attend school, the number of that district's students	23623
enrolled in the community school who are included in the	23624
district's DPIA student count is multiplied by the per pupil	23625
amount of disadvantaged pupil impact aid that school district	23626
receives that year pursuant to division (B) or (C) of section	23627
3317.029 of the Revised Code, as adjusted by any DPIA reduction	23628
factor of the community school. The per pupil amount of aid shall	23629
be determined as described in division (C)(4) of this section.	23630

(6) An amount equal to the sum of the amounts obtained when,	23631
for each school district where the community school's students are	23632
entitled to attend school, the district's per pupil amount of aid	23633
received under division (E) of section 3317.029 of the Revised	23634
Code, as adjusted by any DPIA reduction factor of the community	23635
school, is multiplied by the sum of the following:	23636

(a) The number of the district's students reported under	23637
division (B)(2)(a) of this section who are enrolled in grades one	23638
to three in that community school and who are not receiving	23639
special education and related services pursuant to an IEP;	23640

(b) One-half of the district's students who are enrolled in	23641
all-day or any other kindergarten class in that community school	23642
and who are not receiving special education and related services	23643
pursuant to an IEP;	23644

(c) One-half of the district's students who are enrolled in	23645
all-day kindergarten in that community school and who are not	23646
receiving special education and related services pursuant to an	23647
IEP.	23648

The district's per pupil amount of aid under division (E) of	23649
section 3317.029 of the Revised Code shall be determined as	23650
described in division (C)(5) of this section.	23651

(E)(1) If a community school's costs for a fiscal year for a	23652
student receiving special education and related services pursuant	23653
to an IEP for a handicap described in divisions (B) to (F) of	23654
section 3317.013 of the Revised Code exceed the threshold	23655
catastrophic cost for serving the student as specified in division	23656
(C)(3)(b) of section 3317.022 of the Revised Code, the school may	23657
submit to the superintendent of public instruction documentation,	23658
as prescribed by the superintendent, of all its costs for that	23659
student. Upon submission of documentation for a student of the	23660
type and in the manner prescribed, the department shall pay to the	23661
community school an amount equal to the school's costs for the	23662
student in excess of the threshold catastrophic costs.	23663

(2) The community school shall only report under division	23664
(E)(1) of this section, and the department shall only pay for, the	23665
costs of educational expenses and the related services provided to	23666
the student in accordance with the student's individualized	23667
education program. Any legal fees, court costs, or other costs	23668
associated with any cause of action relating to the student may	23669
not be included in the amount.	23670

(F) A community school may apply to the department of	23671
education for preschool handicapped or gifted unit funding the	23672
school would receive if it were a school district. Upon request of	23673
its governing authority, a community school that received unit	23674
funding as a school district-operated school before it became a	23675
community school shall retain any units awarded to it as a school	23676
district-operated school provided the school continues to meet	23677
eligibility standards for the unit.	23678

A community school shall be considered a school district and	23679
its governing authority shall be considered a board of education	23680
for the purpose of applying to any state or federal agency for	23681
grants that a school district may receive under federal or state	23682
law or any appropriations act of the general assembly. The	23683
governing authority of a community school may apply to any private	23684
entity for additional funds.	23685

(G) A board of education sponsoring a community school may	23686
utilize local funds to make enhancement grants to the school or	23687
may agree, either as part of the contract or separately, to	23688
provide any specific services to the community school at no cost	23689
to the school.	23690

(H) A community school may not levy taxes or issue bonds	23691
secured by tax revenues.	23692

(I) No community school shall charge tuition for the	23693
enrollment of any student.	23694

(J)(1)(a) A community school may borrow money to pay any	23695
necessary and actual expenses of the school in anticipation of the	23696
receipt of any portion of the payments to be received by the	23697
school pursuant to division (D) of this section. The school may	23698
issue notes to evidence such borrowing . The proceeds of the notes	23699
shall be used only for the purposes for which the anticipated	23700
receipts may be lawfully expended by the school.	23701

(b) A school may also borrow money for a term not to exceed	23702
fifteen years for the purpose of acquiring facilities.	23703

(2) Except for any amount guaranteed under section 3318.50 of	23704
the Revised Code, the state is not liable for debt incurred by the	23705
governing authority of a community school.	23706

(K) For purposes of determining the number of students for	23707
which divisions (D)(5) and (6) of this section applies in any	23708
school year, a community school may submit to the department of	23709
job and family services, no later than the first day of March, a	23710
list of the students enrolled in the school. For each student on	23711
the list, the community school shall indicate the student's name,	23712
address, and date of birth and the school district where the	23713
student is entitled to attend school. Upon receipt of a list under	23714
this division, the department of job and family services shall	23715
determine, for each school district where one or more students on	23716
the list is entitled to attend school, the number of students	23717
residing in that school district who were included in the	23718
department's report under section 3317.10 of the Revised Code. The	23719
department shall make this determination on the basis of	23720
information readily available to it. Upon making this	23721
determination and no later than ninety days after submission of	23722
the list by the community school, the department shall report to	23723
the state department of education the number of students on the	23724
list who reside in each school district who were included in the	23725
department's report under section 3317.10 of the Revised Code. In	23726
complying with this division, the department of job and family	23727
services shall not report to the state department of education any	23728
personally identifiable information on any student.	23729

(L) The department of education shall adjust the amounts	23730
subtracted and paid under divisions (C) and (D) of this section to	23731
reflect any enrollment of students in community schools for less	23732
than the equivalent of a full school year. The state board of	23733
education within ninety days after the effective date of this	23734
amendmentApril 8, 2003, shall adopt in accordance with Chapter	23735
119. of the Revised Code rules governing the payments to community	23736
schools under this section including initial payments in a school	23737
year and adjustments and reductions made in subsequent periodic	23738
payments to community schools and corresponding deductions from	23739
school district accounts as provided under divisions (C) and (D)	23740
of this section. For purposes of this section:	23741

(1) A student shall be considered enrolled in the community	23742
school for any portion of the school year the student is	23743
participating at a college under Chapter 3365. of the Revised	23744
Code.	23745

(2) A student shall be considered to be enrolled in a	23746
community school during a school year for the period of time	23747
between the date on which the school both has received	23748
documentation of the student's enrollment from a parent and has	23749
commenced participation in learning opportunities as defined in	23750
the contract with the sponsor. For purposes of applying this	23751
division to a community school student, "learning opportunities"	23752
shall be defined in the contract, which shall describe both	23753
classroom-based and non-classroom-based learning opportunities and	23754
shall be in compliance with criteria and documentation	23755
requirements for student participation which shall be established	23756
by the department. Any student's instruction time in	23757
non-classroom-based learning opportunities shall be certified by	23758
an employee of the community school. A student's enrollment shall	23759
be considered to cease on the date on which any of the following	23760
occur:	23761

(a) The community school receives documentation from a parent	23762
terminating enrollment of the student.	23763

(b) The community school is provided documentation of a	23764
student's enrollment in another public or private school.	23765

(c) The community school ceases to offer learning	23766
opportunities to the student pursuant to the terms of the contract	23767
with the sponsor or the operation of any provision of this	23768
chapter.	23769

(3) A student's percentage of full-time equivalency shall be	23770
considered to be the percentage the hours of learning opportunity	23771
offered to that student is of nine hundred and twenty hours.	23772

(M) The department of education shall reduce the amounts paid	23773
under division (D) of this section to reflect payments made to	23774
colleges under division (B) of section 3365.07 of the Revised	23775
Code.	23776

(N)(1) No student shall be considered enrolled in any	23777
internet- or computer-based community school unless theboth of	23778
the following conditions are satisfied:	23779

(a) The student possesses or has been provided with all	23780
required hardware and software materials and all such materials	23781
are fully operational and theso that the student is capable of	23782
fully participating in the learning opportunities specified in the	23783
contract between the school and the school's sponsor as required	23784
by division (A)(23) of section 3314.03 of the Revised Code;	23785

(b) The school is in compliance with division (A)(1) or (2)	23786
of section 3314.032 of the Revised Code, relative to such student.	23787
In	23788

(2) In accordance with policies adopted jointly by the	23789
superintendent of public instruction and the auditor of state, the	23790
department shall reduce the amounts otherwise payable under	23791
division (D) of this section to any internet- or computer-based	23792
community school that includes in its program the provision of	23793
computer hardware and software materials to each student, if such	23794
hardware and software materials have not been delivered,	23795
installed, and activated for all students in a timely manner or	23796
other educational materials or services have not been provided	23797
according to the contract between the individual community school	23798
and its sponsor.	23799

The superintendent of public instruction and the auditor of	23800
state shall jointly establish a method for auditing any community	23801
school to which this division pertains to ensure compliance with	23802
this section.	23803

The superintendent, auditor of state, and the governor shall	23804
jointly make recommendations to the general assembly for	23805
legislative changes that may be required to assure fiscal and	23806
academic accountability for such internet- or computer-based	23807
schools.	23808

(O)(1) If the department determines that a review of a	23809
community school's enrollment is necessary, such review shall be	23810
completed and written notice of the findings shall be provided to	23811
the governing authority of the community school and its sponsor	23812
within ninety days of the end of the community school's fiscal	23813
year, unless extended for a period not to exceed thirty additional	23814
days for one of the following reasons:	23815

(a) The department and the community school mutually agree to	23816
the extension.	23817

(b) Delays in data submission caused by either a community	23818
school or its sponsor.	23819

(2) If the review results in a finding that additional	23820
funding is owed to the school, such payment shall be made within	23821
thirty days of the written notice. If the review results in a	23822
finding that the community school owes moneys to the state, the	23823
following procedure shall apply:	23824

(a) Within ten business days of the receipt of the notice of	23825
findings, the community school may appeal the department's	23826
determination to the state board of education or its designee.	23827

(b) The board or its designee shall conduct an informal	23828
hearing on the matter within thirty days of receipt of such an	23829
appeal and shall issue a decision within fifteen days of the	23830
conclusion of the hearing.	23831

(c) If the board has enlisted a designee to conduct the	23832
hearing, the designee shall certify its decision to the board. The	23833
board may accept the decision of the designee or may reject the	23834
decision of the designee and issue its own decision on the matter.	23835

(d) Any decision made by the board under this division is	23836
final.	23837

(3) If it is decided that the community school owes moneys to	23838
the state, the department shall deduct such amount from the	23839
school's future payments in accordance with guidelines issued by	23840
the superintendent of public instruction.	23841

Sec. 3314.083. If the department of education pays a joint	23842
vocational school district under division (G)(4) of section	23843
3317.16 of the Revised Code for excess costs of providing special	23844
education and related services to a handicapped student who is	23845
enrolled in a community school, as calculated under division	23846
(G)(2) of that section, the department shall deduct the amount of	23847
that payment from the amount calculated for payment to the	23848
community school under section 3314.08 of the Revised Code.	23849

Sec. 3314.17. (A) Each community school established under	23850
this chapter shall participate in the statewide education	23851
management information system established under section 3301.0714	23852
of the Revised Code. All provisions of that section and the rules	23853
adopted under that section apply to each community school as if it	23854
were a school district, except as modified for community schools	23855
under division (B) of this section.	23856

(B) The rules adopted by the state board of education under	23857
section 3301.0714 of the Revised Code may distinguish methods and	23858
timelines for community schools to annually report data, which	23859
methods and timelines differ from those prescribed for school	23860
districts. Any methods and timelines prescribed for community	23861
schools shall be appropriate to the academic schedule and	23862
financing of community schools. The guidelines, however, shall not	23863
modify the actual data required to be reported under that section.	23864

(C) Each fiscal officer appointed under section 3314.011 of	23865
the Revised Code is responsible for annually reporting the	23866
community school's data under section 3301.0714 of the Revised	23867
Code. If the superintendent of public instruction determines that	23868
a community school fiscal officer has willfully failed to report	23869
data or has willfully reported erroneous, inaccurate, or	23870
incomplete data in any year, or has negligently reported	23871
erroneous, inaccurate, or incomplete data in the current and any	23872
previous year, the superintendent may impose a civil penalty of	23873
one hundred dollars on the fiscal officer after providing the	23874
officer with notice and an opportunity for a hearing in accordance	23875
with Chapter 119. of the Revised Code. The superintendent's	23876
authority to impose civil penalties under this division does not	23877
preclude the state board of education from suspending or revoking	23878
the license of a community school employee under division (N) of	23879
section 3301.0714 of the Revised Code.	23880

(D) No community school shall acquire, change, or update its	23881
student administration software package to manage and report data	23882
required to be reported to the department unless it converts to a	23883
student software package that is certified by the department.	23884

Sec. 3316.031.  (A) The state superintendent of public	23885
instruction, in consultation with the auditor of state, shall	23886
develop guidelines for identifying fiscal practices and budgetary	23887
conditions that, if uncorrected, could result in a future	23888
declaration of a fiscal watch or fiscal emergency within a school	23889
district.	23890

The guidelines shall not include a requirement that a school	23891
district submit financial statements according to generally	23892
accepted accounting principles.	23893

(B)(1) If the state superintendent determines from a school	23894
district's five-year forecast submitted under section 5705.391 of	23895
the Revised Code that a district is engaging in any of those	23896
practices or that any of those conditions exist within the	23897
district, after consulting with the district board of education	23898
concerning the practices or conditions, the state superintendent	23899
may declare the district to be under a fiscal caution.	23900

(2) If the auditor of state finds that a district is engaging	23901
in any of those practices or that any of those conditions exist	23902
within the district, the auditor of state shall report that	23903
finding to the state superintendent and, after consulting with the	23904
district board of education concerning the practices or	23905
conditions, the state superintendent may declare the district to	23906
be under a fiscal caution.	23907

(3) Unless the auditor of state has elected to declare a	23908
state of fiscal watch under division (A)(4) of section 3316.03 of	23909
the Revised Code, the state superintendent shall declare a school	23910
district to be under a fiscal caution if the conditions described	23911
in divisions (A)(4)(a) and (b) of that section are both satisfied	23912
with respect to the school district.	23913

(C) When the state superintendent declares a district to be	23914
under fiscal caution, the state superintendent shall promptly	23915
notify the district board of education of that declaration and	23916
shall request the board to provide written proposals for	23917
discontinuing or correcting the fiscal practices or budgetary	23918
conditions that prompted the declaration and for preventing the	23919
district from experiencing further fiscal difficulties that could	23920
result in the district being declared to be in a state of fiscal	23921
watch or fiscal emergency.	23922

(D) The state superintendent, or a designee, may visit and	23923
inspect any district that is declared to be under a fiscal	23924
caution. The department of education shall provide technical	23925
assistance to the district board in implementing proposals to	23926
eliminate the practices or budgetary conditions that prompted the	23927
declaration of fiscal caution and may make recommendations	23928
concerning the board's proposals.	23929

(E) If the state superintendent finds that a school district	23930
declared to be under a fiscal caution has not made reasonable	23931
proposals or otherwise taken action to discontinue or correct the	23932
fiscal practices or budgetary conditions that prompted the	23933
declaration of fiscal caution, and if the state superintendent	23934
considers it necessary to prevent further fiscal decline, the	23935
state superintendent may determine that the district should be in	23936
a state of fiscal watch. As provided in division (A)(3) of section	23937
3316.03 of the Revised Code, the auditor of state shall declare	23938
the district to be in a state of fiscal watch if the auditor of	23939
state finds the superintendent's determination to be reasonable.	23940

Sec. 3316.08.  During a school district's fiscal emergency	23941
period, the auditor of state shall determine annually, or at any	23942
other time upon request of the financial planning and supervision	23943
commission, whether the school district will incur an operating	23944
deficit. If the auditor of state determines that a school district	23945
will incur an operating deficit, the auditor of state shall	23946
certify that determination to the superintendent of public	23947
instruction, the financial planning and supervision commission,	23948
and the board of education of the school district. Upon receiving	23949
the auditor of state's certification, the board of education or	23950
commission shall adopt a resolution to submit a ballot question	23951
proposing the levy of a taxrequesting that the board of education	23952
work with the county auditor or tax commissioner to estimate the	23953
amount and rate of a tax levy that is needed under section	23954
5705.194 or 5705.21 or Chapter 5748. of the Revised Code to	23955
produce a positive fund balance not later than the fifth year of	23956
the five-year forecast submitted under section 5705.391 of the	23957
Revised Code. Except	23958

The board of education shall recommend to the commission	23959
whether the board supports or opposes a tax levy under section	23960
5705.194 or 5705.21 or Chapter 5748. of the Revised Code and shall	23961
provide supporting documentation to the commission of its	23962
recommendation.	23963

After considering the board of education's recommendation and	23964
supporting documentation, the commission shall adopt a resolution	23965
to either submit a ballot question proposing a tax levy or not to	23966
submit such a question.	23967

Except as otherwise provided in this division, the tax shall	23968
be levied in the manner prescribed for a tax levied under section	23969
5705.194 or 5705.21 or under Chapter 5748. of the Revised Code.	23970
TheIf the commission decides that a tax shallshould be levied,	23971
the tax shall be levied for the purpose of paying current	23972
operating expenses of the school district. The question shall	23973
propose that the tax be levied at the rate required to produce	23974
annual revenue sufficient to eliminate the operating deficit as	23975
certified by the auditor of state and to repay outstanding loans	23976
or other obligations incurred by the board of education for the	23977
purpose of reducing or eliminating operating deficits, as	23978
determined by the financial planning and supervision commission.	23979
The rate of a tax levied under section 5705.194 or 5705.21 of the	23980
Revised Code shall be determined by the county auditor, and the	23981
rate of a tax levied under section 5748.02 or 5748.08 of the	23982
Revised Code shall be determined by the tax commissioner, upon the	23983
request of the commission. The commission, in consultation with	23984
the board of education, shall determine the election at which the	23985
question of the tax shall appear on the ballot, and the board of	23986
education or commission shall submit a copy of its resolution to	23987
the board of elections not later than seventy-five days prior to	23988
the day of that election. The board of elections conducting the	23989
election shall certify the results of the election to the board of	23990
education and to the financial planning and supervision	23991
commission.	23992

Sec. 3317.012.  (A)(1) The general assembly, having analyzed	23993
school district expenditure and cost data for fiscal year 1999,	23994
performed the calculation described in division (B) of this	23995
section, adjusted the results for inflation, and added the amounts	23996
described in division (A)(2) of this section, hereby determines	23997
that the base cost of an adequate education per pupil for the	23998
fiscal year beginning July 1, 2001, is $4,814. For the fivethree	23999
following fiscal years, the base cost per pupil for each of those	24000
years, reflecting an annual rate of inflation of two and	24001
eight-tenths per cent, is $4,949 for fiscal year 2003, $5,088 for	24002
fiscal year 2004, and $5,230 for fiscal year 2005, $5,376 for	24003
fiscal year 2006, and $5,527 for fiscal year 2007.	24004

(2) The base cost per pupil amounts specified in division	24005
(A)(1) of this section include amounts to reflect the cost to	24006
school districts of increasing the minimum number of high school	24007
academic units required for graduation beginning September 15,	24008
2001, under section 3313.603 of the Revised Code. Analysis of	24009
fiscal year 1999 data revealed that the school districts meeting	24010
the requirements of division (B) of this section on average	24011
required high school students to complete a minimum of nineteen	24012
and eight-tenths units to graduate. The general assembly	24013
determines that the cost of funding the additional two-tenths unit	24014
required by section 3313.603 of the Revised Code is $12 per pupil	24015
in fiscal year 2002. This amount was added after the calculation	24016
described in division (B) of this section and the adjustment for	24017
inflation from fiscal year 1999 to fiscal year 2002. It is this	24018
total amount, the calculated base cost plus the supplement to pay	24019
for the additional partial unit, that constitutes the base cost	24020
amount specified in division (A)(1) of this section for fiscal	24021
year 2002 and that is inflated to produce the base cost amounts	24022
for fiscal years 2003 through 20072005.	24023

(B) In determining the base cost stated in division (A) of	24024
this section, capital and debt costs, costs paid for by federal	24025
funds, and costs covered by funds provided for disadvantaged pupil	24026
impact aid and transportation were excluded, as were the effects	24027
on the districts' state funds of the application of the	24028
cost-of-doing-business factors, assuming a seven and one-half per	24029
cent variance.	24030

The base cost for fiscal year 1999 was calculated as the	24031
unweighted average cost per student, on a school district basis,	24032
of educating students who were not receiving vocational education	24033
or services pursuant to Chapter 3323. of the Revised Code and who	24034
were enrolled in a city, exempted village, or local school	24035
district that in fiscal year 1999 met all of the following	24036
criteria:	24037

(1) The district met at least twenty of the following	24038
twenty-seven performance indicators:	24039

(a) A ninety per cent or higher graduation rate;

24040

(b) At least seventy-five per cent of fourth graders	24041
proficient on the mathematics test prescribed under former	24042
division (A)(1) of section 3301.0710 of the Revised Code;	24043

(c) At least seventy-five per cent of fourth graders	24044
proficient on the reading test prescribed under former division	24045
(A)(1) of section 3301.0710 of the Revised Code;	24046

(d) At least seventy-five per cent of fourth graders	24047
proficient on the writing test prescribed under former division	24048
(A)(1) of section 3301.0710 of the Revised Code;	24049

(e) At least seventy-five per cent of fourth graders	24050
proficient on the citizenship test prescribed under former	24051
division (A)(1) of section 3301.0710 of the Revised Code;	24052

(f) At least seventy-five per cent of fourth graders	24053
proficient on the science test prescribed under former division	24054
(A)(1) of section 3301.0710 of the Revised Code;	24055

(g) At least seventy-five per cent of sixth graders	24056
proficient on the mathematics test prescribed under former	24057
division (A)(2) of section 3301.0710 of the Revised Code;	24058

(h) At least seventy-five per cent of sixth graders	24059
proficient on the reading test prescribed under former division	24060
(A)(2) of section 3301.0710 of the Revised Code;	24061

(i) At least seventy-five per cent of sixth graders	24062
proficient on the writing test prescribed under former division	24063
(A)(2) of section 3301.0710 of the Revised Code;	24064

(j) At least seventy-five per cent of sixth graders	24065
proficient on the citizenship test prescribed under former	24066
division (A)(2) of section 3301.0710 of the Revised Code;	24067

(k) At least seventy-five per cent of sixth graders	24068
proficient on the science test prescribed under former division	24069
(A)(2) of section 3301.0710 of the Revised Code;	24070

(l) At least seventy-five per cent of ninth graders	24071
proficient on the mathematics test prescribed under Section 4 of	24072
Am. Sub. S.B. 55 of the 122nd general assembly;	24073

(m) At least seventy-five per cent of ninth graders	24074
proficient on the reading test prescribed under Section 4 of Am.	24075
Sub. S.B. 55 of the 122nd general assembly;	24076

(n) At least seventy-five per cent of ninth graders	24077
proficient on the writing test prescribed under Section 4 of Am.	24078
Sub. S.B. 55 of the 122nd general assembly;	24079

(o) At least seventy-five per cent of ninth graders	24080
proficient on the citizenship test prescribed under Section 4 of	24081
Am. Sub. S.B. 55 of the 122nd general assembly;	24082

(p) At least seventy-five per cent of ninth graders	24083
proficient on the science test prescribed under Section 4 of Am.	24084
Sub. S.B. 55 of the 122nd general assembly;	24085

(q) At least eighty-five per cent of tenth graders proficient	24086
on the mathematics test prescribed under Section 4 of Am. Sub.	24087
S.B. 55 of the 122nd general assembly;	24088

(r) At least eighty-five per cent of tenth graders proficient	24089
on the reading test prescribed under Section 4 of Am. Sub. S.B. 55	24090
of the 122nd general assembly;	24091

(s) At least eighty-five per cent of tenth graders proficient	24092
on the writing test prescribed under Section 4 of Am. Sub. S.B. 55	24093
of the 122nd general assembly;	24094

(t) At least eighty-five per cent of tenth graders proficient	24095
on the citizenship test prescribed under Section 4 of Am. Sub.	24096
S.B. 55 of the 122nd general assembly;	24097

(u) At least eighty-five per cent of tenth graders proficient	24098
on the science test prescribed under Section 4 of Am. Sub. S.B. 55	24099
of the 122nd general assembly;	24100

(v) At least sixty per cent of twelfth graders proficient on	24101
the mathematics test prescribed under former division (A)(3) of	24102
section 3301.0710 of the Revised Code;	24103

(w) At least sixty per cent of twelfth graders proficient on	24104
the reading test prescribed under former division (A)(3) of	24105
section 3301.0710 of the Revised Code;	24106

(x) At least sixty per cent of twelfth graders proficient on	24107
the writing test prescribed under former division (A)(3) of	24108
section 3301.0710 of the Revised Code;	24109

(y) At least sixty per cent of twelfth graders proficient on	24110
the citizenship test prescribed under former division (A)(3) of	24111
section 3301.0710 of the Revised Code;	24112

(z) At least sixty per cent of twelfth graders proficient on	24113
the science test prescribed under former division (A)(3) of	24114
section 3301.0710 of the Revised Code;	24115

(aa) An attendance rate for the year of at least ninety-three	24116
per cent as defined in section 3302.01 of the Revised Code.	24117

In determining whether a school district met any of the	24118
performance standards specified in divisions (B)(1)(a) to (aa) of	24119
this section, the general assembly used a rounding procedure	24120
previously recommended by the department of education. It is the	24121
same rounding procedure the general assembly used in 1998 to	24122
determine whether a district had met the standards of former	24123
divisions (B)(1)(a) to (r) of this section for purposes of	24124
constructing the previous model based on fiscal year 1996 data.	24125

(2) The district was not among the five per cent of all	24126
districts with the highest income, nor among the five per cent of	24127
all districts with the lowest income.	24128

(3) The district was not among the five per cent of all	24129
districts with the highest valuation per pupil, nor among the five	24130
per cent of all districts with the lowest valuation per pupil.	24131

This model for calculating the base cost of an adequate	24132
education is expenditure-based. The general assembly recognizes	24133
that increases in state funding to school districts since fiscal	24134
year 1996, the fiscal year upon which the general assembly based	24135
its model for calculating state funding to school districts for	24136
fiscal years 1999 through 2001, has increased school district base	24137
cost expenditures for fiscal year 1999, the fiscal year upon which	24138
the general assembly based its model for calculating state funding	24139
for fiscal years 2002 through 20072005. In the case of school	24140
districts included in the fiscal year 1999 model that also had met	24141
the fiscal year 1996 performance criteria of former division	24142
(B)(1) of this section, the increased state funding may have	24143
driven the districts' expenditures beyond the expenditures that	24144
were actually needed to maintain their educational programs at the	24145
level necessary to maintain their ability to meet the fiscal year	24146
1999 performance criteria of current division (B)(1) of this	24147
section. The general assembly has determined to control for this	24148
effect by stipulating in the later model that the fiscal year 1999	24149
base cost expenditures of the districts that also met the	24150
performance criteria of former division (B)(1) of this section	24151
equals their base cost expenditures per pupil for fiscal year	24152
1996, inflated to fiscal year 1999 using an annual rate of	24153
inflation of two and eight-tenths per cent. However, if this	24154
inflated amount exceeded the district's actual fiscal year 1999	24155
base cost expenditures per pupil, the district's actual fiscal	24156
year 1999 base cost expenditures per pupil were used in the	24157
calculation. For districts in the 1999 model that did not also	24158
meet the performance criteria of former division (B)(1) of this	24159
section, the actual 1999 base cost per pupil expenditures were	24160
used in the calculation of the average district per pupil costs of	24161
the model districts.	24162

(C) In July of 2005, and in July of every six years	24163
thereafter, the speaker of the house of representatives and the	24164
president of the senate shall each appoint three members to a	24165
committee to reexamine the cost of an adequate education. No more	24166
than two members from any political party shall represent each	24167
house. The director of budget and management and the	24168
superintendent of public instruction shall serve as nonvoting ex	24169
officio members of the committee.	24170

The committee shall select a rational methodology for	24171
calculating the costs of an adequate education system for the	24172
ensuing six-year period, and shall report the methodology and the	24173
resulting costs to the general assembly. In performing its	24174
function, the committee is not bound by any method used by	24175
previous general assemblies to examine and calculate costs and	24176
instead may utilize any rational method it deems suitable and	24177
reasonable given the educational needs and requirements of the	24178
state at that time.	24179

The methodology for determining the cost of an adequate	24180
education system shall take into account the basic educational	24181
costs that all districts incur in educating regular students, the	24182
unique needs of special categories of students, and significant	24183
special conditions encountered by certain classifications of	24184
school districts.	24185

The committee also shall redetermine, for purposes of	24186
updating the parity aid calculation under section 3317.0217 of the	24187
Revised Code, the average number of effective operating mills that	24188
school districts in the seventieth to ninetieth percentiles of	24189
valuations per pupil collect above the revenues required to	24190
finance their attributed local shares of the calculated cost of an	24191
adequate education.	24192

Any committee appointed pursuant to this section shall make	24193
its report to the office of budget and management and the general	24194
assembly within one year of its appointment so that the	24195
information is available for use by the office and the general	24196
assembly in preparing the next biennial appropriations act.	24197

(D)(1) For purposes of this division, an "update year" is the	24198
first fiscal year for which the per pupil base cost of an adequate	24199
education is in effect after being recalculated by the general	24200
assembly. The first update year is fiscal year 2002. The second	24201
update year is fiscal year 2008.	24202

(2) The general assembly shall recalculate the per pupil base	24203
cost of an adequate education every six years after considering	24204
the recommendations of the committee appointed under division (C)	24205
of this section. At the time of the recalculation, for each of the	24206
five fiscal years following the update year, the general assembly	24207
shall adjust the base cost recalculated for the update year using	24208
an annual rate of inflation that the general assembly determines	24209
appropriate.	24210

(3) The general assembly shall include, in the act	24211
appropriating state funds for education programs for a fiscal	24212
biennium that begins with an update year, a statement of its	24213
determination of the total state share percentage of base cost and	24214
parity aid funding for the update year.	24215

(4) During its biennial budget deliberations, the general	24216
assembly shall determine the total state share percentage of base	24217
cost and parity aid funding for each fiscal year of the upcoming	24218
biennium. This determination shall be based on the latest	24219
projections and data provided by the department of education under	24220
division (D)(6) of this section prior to the enactment of	24221
education appropriations for the upcoming biennium. If, based on	24222
those latest projections and data, the general assembly determines	24223
that the total state share percentage for either or both nonupdate	24224
fiscal years varies more than two and one-half percentage points	24225
more or less than the total state share percentage for the most	24226
recent update year, as previously stated by the general assembly	24227
under division (D)(3) of this section, the general assembly shall	24228
determine and enact a method that it considers appropriate to	24229
restrict the estimated variance for each year to within two and	24230
one-half percentage points. The general assembly's methods may	24231
include, but are not required to include and need not be limited	24232
to, reexamining the rate of millage charged off as the local share	24233
of base cost funding under divisions (A)(1) and (2) of section	24234
3317.022 of the Revised Code. Regardless of any changes in	24235
charge-off millage rates in years between update years, however,	24236
the charge-off millage rate for update years shall be twenty-three	24237
mills, unless the general assembly determines that a different	24238
millage rate is more appropriate to share the total calculated	24239
base cost between the state and school districts.	24240

(5) The total state share percentage of base cost and parity	24241
aid funding for any fiscal year is calculated as follows:	24242

[(Total state base cost + total state parity aid funding) -	24243
statewide charge-off amount] / (Total state base cost + total	24244
state parity aid funding)	24245

Where:

24246

(a) The total state base cost equals the sum of the base	24247
costs for all school districts for the fiscal year.	24248

(b) The base cost for each school district equals:

24249

formula amount X cost-of-doing-business factor X

24250

the greater of formula ADM or	24251

three-year average formula ADM

24252

(c) The total state parity aid funding equals the sum of the	24253
amounts paid to all school districts for the fiscal year under	24254
section 3317.0217 of the Revised Code.	24255

(d) The statewide charge-off amount equals the sum of the	24256
charge-off amounts for all school districts.	24257

(e) The charge-off amount for each school district is the	24258
amount calculated as its local share of base cost funding and	24259
deducted from the total calculated base cost to determine the	24260
amount of its state payment under divisions (A)(1) and (2) of	24261
section 3317.022 of the Revised Code. The charge-off amount for	24262
each school district in fiscal year 2002 is the product of	24263
twenty-three mills multiplied by the district's recognized	24264
valuation as adjusted, if applicable, under division (A)(2) of	24265
section 3317.022 of the Revised Code. If however, in any fiscal	24266
year, including fiscal year 2002, a school district's calculated	24267
charge-off amount exceeds its base cost calculated as described in	24268
division (D)(5)(b) of this section, the district's charge-off	24269
amount shall be deemed to equal its calculated base cost.	24270

(6) Whenever requested by the chairperson of the standing	24271
committee of the house or representatives or the senate having	24272
primary jurisdiction over appropriations, the legislative budget	24273
officer, or the director of budget and management, the department	24274
of education shall report its latest projections for total base	24275
cost, total parity aid funding, and the statewide charge-off	24276
amount, as those terms are defined in division (D)(5) of this	24277
section, for each year of the upcoming fiscal biennium, and all	24278
data it used to make the projections.	24279

Sec. 3317.013.  This section does not apply to handicapped	24280
preschool students.	24281

Analysis of special education cost data has resulted in a	24282
finding that the average special education additional cost per	24283
pupil, including the costs of related services, can be expressed	24284
as a multiple of the base cost per pupil calculated under section	24285
3317.012 of the Revised Code. The multiples for the following	24286
categories of special education programs, as these programs are	24287
defined for purposes of Chapter 3323. of the Revised Code, and	24288
adjusted as provided in this section, are as follows:	24289

(A) A multiple of 0.2892 for students whose primary or only	24290
identified handicap is a speech and language handicap, as this	24291
term is defined pursuant to Chapter 3323. of the Revised Code;	24292

(B) A multiple of 0.3691 for students identified as specific	24293
learning disabled or developmentally handicapped, as these terms	24294
are defined pursuant to Chapter 3323. of the Revised Code, or	24295
other health handicapped-minor;	24296

(C) A multiple of 1.7695 for students identified as hearing	24297
handicapped, vision impaired, or severe behavior handicapped, as	24298
these terms are defined pursuant to Chapter 3323. of the Revised	24299
Code;	24300

(D) A multiple of 2.3646 for students identified as	24301
orthopedically handicapped, as this term is defined pursuant to	24302
Chapter 3323. of the Revised Code or other health handicapped -	24303
major;	24304

(E) A multiple of 3.1129 for students identified as	24305
multihandicapped, as this term is defined pursuant to Chapter	24306
3323. of the Revised Code;	24307

(F) A multiple of 4.7342 for students identified as autistic,	24308
having traumatic brain injuries, or as both visually and hearing	24309
disabled, as these terms are defined pursuant to Chapter 3323. of	24310
the Revised Code.	24311

In fiscal year 20022004, the multiples specified in	24312
divisions (A) to (F) of this section shall be adjusted by	24313
multiplying them by 0.8250.88. In fiscal year 20032005, the	24314
multiples specified in those divisions shall be adjusted by	24315
multiplying them by 0.8750.90.	24316

Not later than May 30, 2004, and May 30, 2005, the department	24317
shall submit to the office of budget and management a report that	24318
specifies for each city, local, exempted village, and joint	24319
vocational school district the fiscal year allocation of the state	24320
and local shares of special education and related services	24321
additional weighted funding and federal special education funds	24322
passed through to the district.	24323

Sec. 3317.014.  The average vocational education additional	24324
cost per pupil can be expressed as a multiple of the base cost per	24325
pupil calculated under section 3317.012 of the Revised Code. the	24326
multiples for the following categories of vocational education	24327
programs are as follows:	24328

(A) A multiple of 0.57 for students enrolled in vocational	24329
education job-training and workforce development programs approved	24330
by the department of education in accordance with rules adopted	24331
under section 3313.90 of the Revised Code.	24332

(B) A multiple of 0.28 for students enrolled in vocational	24333
education classes other than job-training and workforce	24334
development programs.	24335

Vocational education associated services costs can be	24336
expressed as a multiple of 0.05 of the base cost per pupil	24337
calculated under section 3317.012 of the Revised Code.	24338

The general assembly has adjusted the multiples specified in	24339
this section for calculating payments beginning in fiscal year	24340
2002 in recognition that its policy change regarding the	24341
application of the cost-of-doing-business factor produces a higher	24342
base cost amount than would exist if no change were made to its	24343
application. The adjustment maintains the same weighted costs as	24344
would exist if no change were made to the application of the	24345
cost-of-doing-business factor.	24346

The department of education shall annually report to the	24347
governor and the general assembly the amount of weighted funding	24348
for vocational education and associated services that is spent by	24349
each city, local, exempted village, and joint vocational school	24350
district specifically for vocational educational and associated	24351
services.	24352

Sec. 3317.022.  (A)(1) The department of education shall	24353
compute and distribute state base cost funding to each school	24354
district for the fiscal year in accordance with the following	24355
formula, making any adjustment required by division (A)(2) of this	24356
section and using the information obtained under section 3317.021	24357
of the Revised Code in the calendar year in which the fiscal year	24358
begins.	24359

Compute the following for each eligible district:

24360

[(cost-of-doing-business factor X

24361

the formula amount X (the greater of formula ADM

24362

or three-year average formula ADM)] -

24363

(.023 X recognized valuation)

24364

If the difference obtained is a negative number, the	24365
district's computation shall be zero.	24366

(2)(a) For each school district for which the tax exempt	24367
value of the district equals or exceeds twenty-five per cent of	24368
the potential value of the district, the department of education	24369
shall calculate the difference between the district's tax exempt	24370
value and twenty-five per cent of the district's potential value.	24371

(b) For each school district to which division (A)(2)(a) of	24372
this section applies, the department shall adjust the recognized	24373
valuation used in the calculation under division (A)(1) of this	24374
section by subtracting from it the amount calculated under	24375
division (A)(2)(a) of this section.	24376

(B) As used in this section:

24377

(1) The "total special education weight" for a district means	24378
the sum of the following amounts:	24379

(a) The district's category one special education ADM	24380
multiplied by the multiple specified in division (A) of section	24381
3317.013 of the Revised Code;	24382

(b) The district's category two special education ADM	24383
multiplied by the multiple specified in division (B) of section	24384
3317.013 of the Revised Code;	24385

(c) The district's category three special education ADM	24386
multiplied by the multiple specified in division (C) of section	24387
3317.013 of the Revised Code;	24388

(d) The district's category four special education ADM	24389
multiplied by the multiple specified in division (D) of section	24390
3317.013 of the Revised Code;	24391

(e) The district's category five special education ADM	24392
multiplied by the multiple specified in division (E) of section	24393
3317.013 of the Revised Code;	24394

(f) The district's category six special education ADM	24395
multiplied by the multiple specified in division (F) of section	24396
3317.013 of the Revised Code.	24397

(2) "State share percentage" means the percentage calculated	24398
for a district as follows:	24399

(a) Calculate the state base cost funding amount for the	24400
district for the fiscal year under division (A) of this section.	24401
If the district would not receive any state base cost funding for	24402
that year under that division, the district's state share	24403
percentage is zero.	24404

(b) If the district would receive state base cost funding	24405
under that division, divide that amount by an amount equal to the	24406
following:	24407

Cost-of-doing-business factor X

24408

the formula amount X (the greater of formula

24409

ADM or three-year average formula ADM)

24410

The resultant number is the district's state share	24411
percentage.	24412

(3) "Related services" includes:

24413

(a) Child study, special education supervisors and	24414
coordinators, speech and hearing services, adaptive physical	24415
development services, occupational or physical therapy, teacher	24416
assistants for handicapped children whose handicaps are described	24417
in division (B) of section 3317.013 or division (F)(3) of section	24418
3317.02 of the Revised Code, behavioral intervention, interpreter	24419
services, work study, nursing services, and specialized	24420
integrative services as those terms are defined by the department;	24421

(b) Speech and language services provided to any student with	24422
a handicap, including any student whose primary or only handicap	24423
is a speech and language handicap;	24424

(c) Any related service not specifically covered by other	24425
state funds but specified in federal law, including but not	24426
limited to, audiology and school psychological services;	24427

(d) Any service included in units funded under former	24428
division (O)(1) of section 3317.023 of the Revised Code;	24429

(e) Any other related service needed by handicapped children	24430
in accordance with their individualized education plans.	24431

(4) The "total vocational education weight" for a district	24432
means the sum of the following amounts:	24433

(a) The district's category one vocational education ADM	24434
multiplied by the multiple specified in division (A) of section	24435
3317.014 of the Revised Code;	24436

(b) The district's category two vocational education ADM	24437
multiplied by the multiple specified in division (B) of section	24438
3317.014 of the Revised Code.	24439

(C)(1) The department shall compute and distribute state	24440
special education and related services additional weighted costs	24441
funds to each school district in accordance with the following	24442
formula:	24443

The district's state share percentage

24444

X the formula amount for the year

24445

for which the aid is calculated

24446

X the district's total special education weight

24447

(2) The attributed local share of special education and	24448
related services additional weighted costs equals:	24449

(1 - the district's state share percentage) X

24450

the district's total special education weight X

24451

the formula amount

24452

(3)(a) The department shall compute and pay in accordance	24453
with this division additional state aid to school districts for	24454
students in categories two through six special education ADM. If a	24455
district's costs for the fiscal year for a student in its	24456
categories two through six special education ADM exceed the	24457
threshold catastrophic cost for serving the student, the district	24458
may submit to the superintendent of public instruction	24459
documentation, as prescribed by the superintendent, of all its	24460
costs for that student. Upon submission of documentation for a	24461
student of the type and in the manner prescribed, the department	24462
shall pay to the district an amount equal to the sum of the	24463
following:	24464

(i) One-half of the district's costs for the student in	24465
excess of the threshold catastrophic cost;	24466

(ii) The product of one-half of the district's costs for the	24467
student in excess of the threshold catastrophic cost multiplied by	24468
the district's state share percentage.	24469

(b) For purposes of division (C)(3)(a) of this section, the	24470
threshold catastrophic cost for serving a student equals:	24471

(i) For a student in the school district's category two,	24472
three, four, or five special education ADM, twenty-five thousand	24473
dollars in fiscal year 2002 and twenty-five thousand seven hundred	24474
dollars in fiscal yearyears 2003, 2004, and 2005;	24475

(ii) For a student in the district's category six special	24476
education ADM, thirty thousand dollars in fiscal year 2002 and	24477
thirty thousand eight hundred forty dollars in fiscal yearyears	24478
2003, 2004, and 2005.	24479

The threshold catastrophic costs for fiscal year 2003	24480
represent a two and eight-tenths per cent inflationary increase	24481
over fiscal year 2002.	24482

(c) The district shall only report under division (C)(3)(a)	24483
of this section, and the department shall only pay for, the costs	24484
of educational expenses and the related services provided to the	24485
student in accordance with the student's individualized education	24486
program. Any legal fees, court costs, or other costs associated	24487
with any cause of action relating to the student may not be	24488
included in the amount.	24489

(5)(4)(a) As used in this division, the "personnel allowance"	24490
means thirty thousand dollars in fiscal years 2002 and, 2003,	24491
2004, and 2005.	24492

(b) For the provision of speech services to students,	24493
including students who do not have individualized education	24494
programs prepared for them under Chapter 3323. of the Revised	24495
Code, and for no other purpose, the department of education shall	24496
pay each school district an amount calculated under the following	24497
formula:	24498

(formula ADM divided by 2000) X

24499

the personnel allowance X the state share percentage

24500

(5) In any fiscal year, a school district shall spend for	24501
purposes that the department designates as approved for special	24502
education and related services expenses at least the amount	24503
calculated as follows:	24504

(cost-of-doing-business factor X

24505

formula amount X the sum of categories

24506

one through six special education ADM) +	24507

(total special education weight X formula amount)

24508

The purposes approved by the department for special education	24509
expenses shall include, but shall not be limited to,	24510
identification of handicapped children, compliance with state	24511
rules governing the education of handicapped children and	24512
prescribing the continuum of program options for handicapped	24513
children, and the portion of the school district's overall	24514
administrative and overhead costs that are attributable to the	24515
district's special education student population.	24516

The department shall require school districts to report data	24517
annually to allow for monitoring compliance with division (C)(5)	24518
of this section. The department shall annually report to the	24519
governor and the general assembly the amount of money spent by	24520
each school district for special education and related services.	24521

(D)(1) As used in this division:

24522

(a) "Daily bus miles per student" equals the number of bus	24523
miles traveled per day, divided by transportation base.	24524

(b) "Transportation base" equals total student count as	24525
defined in section 3301.011 of the Revised Code, minus the number	24526
of students enrolled in preschool handicapped units, plus the	24527
number of nonpublic school students included in transportation	24528
ADM.	24529

(c) "Transported student percentage" equals transportation	24530
ADM divided by transportation base.	24531

(d) "Transportation cost per student" equals total operating	24532
costs for board-owned or contractor-operated school buses divided	24533
by transportation base.	24534

(2) Analysis of student transportation cost data has resulted	24535
in a finding that an average efficient transportation use cost per	24536
student can be calculated by means of a regression formula that	24537
has as its two independent variables the number of daily bus miles	24538
per student and the transported student percentage. For fiscal	24539
year 1998 transportation cost data, the average efficient	24540
transportation use cost per student is expressed as follows:	24541

51.79027 + (139.62626 X daily bus miles per student) +

24542

(116.25573 X transported student percentage)

24543

The department of education shall annually determine the	24544
average efficient transportation use cost per student in	24545
accordance with the principles stated in division (D)(2) of this	24546
section, updating the intercept and regression coefficients of the	24547
regression formula modeled in this division, based on an annual	24548
statewide analysis of each school district's daily bus miles per	24549
student, transported student percentage, and transportation cost	24550
per student data. The department shall conduct the annual update	24551
using data, including daily bus miles per student, transported	24552
student percentage, and transportation cost per student data, from	24553
the prior fiscal year. The department shall notify the office of	24554
budget and management of such update by the fifteenth day of	24555
February of each year.	24556

(3) In addition to funds paid under divisions (A), (C), and	24557
(E) of this section, each district with a transported student	24558
percentage greater than zero shall receive a payment equal to a	24559
percentage of the product of the district's transportation base	24560
from the prior fiscal year times the annually updated average	24561
efficient transportation use cost per student, times an inflation	24562
factor of two and eight tenths per cent to account for the	24563
one-year difference between the data used in updating the formula	24564
and calculating the payment and the year in which the payment is	24565
made. The percentage shall be the following percentage of that	24566
product specified for the corresponding fiscal year:	24567

The payments made under division (D)(3) of this section each	24573
year shall be calculated based on all of the same prior year's	24574
data used to update the formula.	24575

(4) In addition to funds paid under divisions (D)(2) and (3)	24576
of this section, a school district shall receive a rough road	24577
subsidy if both of the following apply:	24578

(a) Its county rough road percentage is higher than the	24579
statewide rough road percentage, as those terms are defined in	24580
division (D)(5) of this section;	24581

(b) Its district student density is lower than the statewide	24582
student density, as those terms are defined in that division.	24583

(5) The rough road subsidy paid to each district meeting the	24584
qualifications of division (D)(4) of this section shall be	24585
calculated in accordance with the following formula:	24586

(per rough mile subsidy X total rough road miles) X

24587

density multiplier

24588

where:

24589

(a) "Per rough mile subsidy" equals the amount calculated in	24590
accordance with the following formula:	24591

0.75 - {0.75 X [(maximum rough road percentage -

24592

county rough road percentage)/(maximum rough road percentage -

24594

statewide rough road percentage)]}

24595

(i) "Maximum rough road percentage" means the highest county	24596
rough road percentage in the state.	24597

(ii) "County rough road percentage" equals the percentage of	24598
the mileage of state, municipal, county, and township roads that	24599
is rated by the department of transportation as type A, B, C, E2,	24600
or F in the county in which the school district is located or, if	24601
the district is located in more than one county, the county to	24602
which it is assigned for purposes of determining its	24603
cost-of-doing-business factor.	24604

(iii) "Statewide rough road percentage" means the percentage	24605
of the statewide total mileage of state, municipal, county, and	24606
township roads that is rated as type A, B, C, E2, or F by the	24607
department of transportation.	24608

(b) "Total rough road miles" means a school district's total	24609
bus miles traveled in one year times its county rough road	24610
percentage.	24611

(c) "Density multiplier" means a figure calculated in	24612
accordance with the following formula:	24613

1 - [(minimum student density - district student

24614

density)/(minimum student density -

24615

statewide student density)]

24616

(i) "Minimum student density" means the lowest district	24617
student density in the state.	24618

(ii) "District student density" means a school district's	24619
transportation base divided by the number of square miles in the	24620
district.	24621

(iii) "Statewide student density" means the sum of the	24622
transportation bases for all school districts divided by the sum	24623
of the square miles in all school districts.	24624

(6) In addition to funds paid under divisions (D)(2) to (5)	24625
of this section, each district shall receive in accordance with	24626
rules adopted by the state board of education a payment for	24627
students transported by means other than board-owned or	24628
contractor-operated buses and whose transportation is not funded	24629
under division (J) of section 3317.024 of the Revised Code. The	24630
rules shall include provisions for school district reporting of	24631
such students.	24632

(E)(1) The department shall compute and distribute state	24633
vocational education additional weighted costs funds to each	24634
school district in accordance with the following formula:	24635

state share percentage X

24636

the formula amount X

24637

total vocational education weight

24638

In any fiscal year, a school district receiving funds under	24639
division (E)(1) of this section shall spend those funds only for	24640
the purposes that the department designates as approved for	24641
vocational education expenses. Vocational educational expenses	24642
approved by the department shall include only expenses connected	24643
to the delivery of career-technical programming to	24644
career-technical students. The department shall require the school	24645
district to report data annually so that the department may	24646
monitor the district's compliance with the requirements regarding	24647
the manner in which funding received under division (E)(1) of this	24648
section may be spent.	24649

(2) The department shall compute for each school district	24650
state funds for vocational education associated services in	24651
accordance with the following formula:	24652

state share percentage X .05 X

24653

the formula amount X the sum of categories one and two

24654

vocational education ADM

24655

In any fiscal year, a school district receiving funds under	24656
division (E)(2) of this section, or through a transfer of funds	24657
pursuant to division (L) of section 3317.023 of the Revised Code,	24658
shall spend those funds only for the purposes that the department	24659
designates as approved for vocational education associated	24660
services expenses, which may include such purposes as	24661
apprenticeship coordinators, coordinators for other vocational	24662
education services, vocational evaluation, and other purposes	24663
designated by the department. The department may deny payment	24664
under division (E)(2) of this section to any district that the	24665
department determines is not operating those services or is using	24666
funds paid under division (E)(2) of this section, or through a	24667
transfer of funds pursuant to division (L) of section 3317.023 of	24668
the Revised Code, for other purposes.	24669

(F) Beginning in fiscal year 2003, the actual local share in	24670
any fiscal year for the combination of special education and	24671
related services additional weighted costs funding calculated	24672
under division (C)(1) of this section, transportation funding	24673
calculated under divisions (D)(2) and (3) of this section, and	24674
vocational education and associated services additional weighted	24675
costs funding calculated under divisions (E)(1) and (2) of this	24676
section shall not exceed for any school district the product of	24677
three mills times the district's recognized valuation. Beginning	24678
in fiscal year 2003, the department annually shall pay each school	24679
district as an excess cost supplement any amount by which the sum	24680
of the district's attributed local shares for that funding exceeds	24681
that product. For purposes of calculating the excess cost	24682
supplement:	24683

(1) The attributed local share for special education and	24684
related services additional weighted costs funding is the amount	24685
specified in division (C)(2) of this section.	24686

(2) The attributed local share of transportation funding	24687
equals the difference of the total amount calculated for the	24688
district using the formula developed under division (D)(2) of this	24689
section minus the actual amount paid to the district after	24690
applying the percentage specified in division (D)(3) of this	24691
section.	24692

(3) The attributed local share of vocational education and	24693
associated services additional weighted costs funding is the	24694
amount determined as follows:	24695

(1 - state share percentage) X

24696

[(total vocational education weight X the formula amount) +

24697

the payment under division (E)(2) of this section]

24698

Sec. 3317.023.  (A) Notwithstanding section 3317.022 of the	24699
Revised Code, the amounts required to be paid to a district under	24700
this chapter shall be adjusted by the amount of the computations	24701
made under divisions (B) to (L)(M) of this section.	24702

As used in this section:

24703

(1) "Classroom teacher" means a licensed employee who	24704
provides direct instruction to pupils, excluding teachers funded	24705
from money paid to the district from federal sources; educational	24706
service personnel; and vocational and special education teachers.	24707

(2) "Educational service personnel" shall not include such	24708
specialists funded from money paid to the district from federal	24709
sources or assigned full-time to vocational or special education	24710
students and classes and may only include those persons employed	24711
in the eight specialist areas in a pattern approved by the	24712
department of education under guidelines established by the state	24713
board of education.	24714

(3) "Annual salary" means the annual base salary stated in	24715
the state minimum salary schedule for the performance of the	24716
teacher's regular teaching duties that the teacher earns for	24717
services rendered for the first full week of October of the fiscal	24718
year for which the adjustment is made under division (C) of this	24719
section. It shall not include any salary payments for supplemental	24720
teachers contracts.	24721

(4) "Regular student population" means the formula ADM plus	24722
the number of students reported as enrolled in the district	24723
pursuant to division (A)(1) of section 3313.981 of the Revised	24724
Code; minus the number of students reported under division (A)(2)	24725
of section 3317.03 of the Revised Code; minus the FTE of students	24726
reported under division (B)(5), (6), (7), (8), (9), (10), (11), or	24727
(12) of that section who are enrolled in a vocational education	24728
class or receiving special education; and minus one-fourthten per	24729
cent of the students enrolled concurrently in a joint vocational	24730
school district.	24731

(5) "State share percentage" has the same meaning as in	24732
section 3317.022 of the Revised Code.	24733

(6) "VEPD" means a school district or group of school	24734
districts designated by the department of education as being	24735
responsible for the planning for and provision of vocational	24736
education services to students within the district or group.	24737

(7) "Lead district" means a school district, including a	24738
joint vocational school district, designated by the department as	24739
a VEPD, or designated to provide primary vocational education	24740
leadership within a VEPD composed of a group of districts.	24741

(B) If the district employs less than one full-time	24742
equivalent classroom teacher for each twenty-five pupils in the	24743
regular student population in any school district, deduct the sum	24744
of the amounts obtained from the following computations:	24745

(1) Divide the number of the district's full-time equivalent	24746
classroom teachers employed by one twenty-fifth;	24747

(2) Subtract the quotient in (1) from the district's regular	24748
student population;	24749

(3) Multiply the difference in (2) by seven hundred fifty-two	24750
dollars.	24751

(C) If a positive amount, add one-half of the amount obtained	24752
by multiplying the number of full-time equivalent classroom	24753
teachers by:	24754

(1) The mean annual salary of all full-time equivalent	24755
classroom teachers employed by the district at their respective	24756
training and experience levels minus;	24757

(2) The mean annual salary of all such teachers at their	24758
respective levels in all school districts receiving payments under	24759
this section.	24760

The number of full-time equivalent classroom teachers used in	24761
this computation shall not exceed one twenty-fifth of the	24762
district's regular student population. In calculating the	24763
district's mean salary under this division, those full-time	24764
equivalent classroom teachers with the highest training level	24765
shall be counted first, those with the next highest training level	24766
second, and so on, in descending order. Within the respective	24767
training levels, teachers with the highest years of service shall	24768
be counted first, the next highest years of service second, and so	24769
on, in descending order.	24770

(D) This division does not apply to a school district that	24771
has entered into an agreement under division (A) of section	24772
3313.42 of the Revised Code. Deduct the amount obtained from the	24773
following computations if the district employs fewer than five	24774
full-time equivalent educational service personnel, including	24775
elementary school art, music, and physical education teachers,	24776
counselors, librarians, visiting teachers, school social workers,	24777
and school nurses for each one thousand pupils in the regular	24778
student population:	24779

(1) Divide the number of full-time equivalent educational	24780
service personnel employed by the district by five	24781
one-thousandths;	24782

(2) Subtract the quotient in (1) from the district's regular	24783
student population;	24784

(3) Multiply the difference in (2) by ninety-four dollars.

24785

(E) If a local school district, or a city or exempted village	24786
school district to which a governing board of an educational	24787
service center provides services pursuant to section 3313.843 of	24788
the Revised Code, deduct the amount of the payment required for	24789
the reimbursement of the governing board under section 3317.11 of	24790
the Revised Code.	24791

(F)(1) If the district is required to pay to or entitled to	24792
receive tuition from another school district under division (C)(2)	24793
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	24794
or if the superintendent of public instruction is required to	24795
determine the correct amount of tuition and make a deduction or	24796
credit under section 3317.08 of the Revised Code, deduct and	24797
credit such amounts as provided in division (I) of section 3313.64	24798
or section 3317.08 of the Revised Code.	24799

(2) For each child for whom the district is responsible for	24800
tuition or payment under division (A)(1) of section 3317.082 or	24801
section 3323.091 of the Revised Code, deduct the amount of tuition	24802
or payment for which the district is responsible.	24803

(G) If the district has been certified by the superintendent	24804
of public instruction under section 3313.90 of the Revised Code as	24805
not in compliance with the requirements of that section, deduct an	24806
amount equal to ten per cent of the amount computed for the	24807
district under section 3317.022 of the Revised Code.	24808

(H) If the district has received a loan from a commercial	24809
lending institution for which payments are made by the	24810
superintendent of public instruction pursuant to division (E)(3)	24811
of section 3313.483 of the Revised Code, deduct an amount equal to	24812
such payments.	24813

(I)(1) If the district is a party to an agreement entered	24814
into under division (D), (E), or (F) of section 3311.06 or	24815
division (B) of section 3311.24 of the Revised Code and is	24816
obligated to make payments to another district under such an	24817
agreement, deduct an amount equal to such payments if the district	24818
school board notifies the department in writing that it wishes to	24819
have such payments deducted.	24820

(2) If the district is entitled to receive payments from	24821
another district that has notified the department to deduct such	24822
payments under division (I)(1) of this section, add the amount of	24823
such payments.	24824

(J) If the district is required to pay an amount of funds to	24825
a cooperative education district pursuant to a provision described	24826
by division (B)(4) of section 3311.52 or division (B)(8) of	24827
section 3311.521 of the Revised Code, deduct such amounts as	24828
provided under that provision and credit those amounts to the	24829
cooperative education district for payment to the district under	24830
division (B)(1) of section 3317.19 of the Revised Code.	24831

(K)(1) If a district is educating a student entitled to	24832
attend school in another district pursuant to a shared education	24833
contract, compact, or cooperative education agreement other than	24834
an agreement entered into pursuant to section 3313.842 of the	24835
Revised Code, credit to that educating district on an FTE basis	24836
both of the following:	24837

(a) An amount equal to the formula amount times the cost of	24838
doing business factor of the school district where the student is	24839
entitled to attend school pursuant to section 3313.64 or 3313.65	24840
of the Revised Code;	24841

(b) An amount equal to the formula amount times the state	24842
share percentage times any multiple applicable to the student	24843
pursuant to section 3317.013 or 3317.014 of the Revised Code.	24844

(2) Deduct any amount credited pursuant to division (K)(1) of	24845
this section from amounts paid to the school district in which the	24846
student is entitled to attend school pursuant to section 3313.64	24847
or 3313.65 of the Revised Code.	24848

(3) If the district is required by a shared education	24849
contract, compact, or cooperative education agreement to make	24850
payments to an educational service center, deduct the amounts from	24851
payments to the district and add them to the amounts paid to the	24852
service center pursuant to section 3317.11 of the Revised Code.	24853

(L)(1) If a district, including a joint vocational school	24854
district, is a lead district of a VEPD, credit to that district	24855
the amounts calculated for all the school districts within that	24856
VEPD pursuant to division (E)(2) of section 3317.022 of the	24857
Revised Code.	24858

(2) Deduct from each appropriate district that is not a lead	24859
district, the amount attributable to that district that is	24860
credited to a lead district under division (L)(1) of this section.	24861

(M) If the department pays a joint vocational school district	24862
under division (G)(4) of section 3317.16 of the Revised Code for	24863
excess costs of providing special education and related services	24864
to a handicapped student, as calculated under division (G)(2) of	24865
that section, the department shall deduct the amount of that	24866
payment from the city, local, or exempted village school district	24867
that is responsible as specified in that section for the excess	24868
costs.	24869

Sec. 3317.024.  In addition to the moneys paid to eligible	24870
school districts pursuant to section 3317.022 of the Revised Code,	24871
moneys appropriated for the education programs in divisions (A) to	24872
(H), (J) to (L), (O), (P), and (R) of this section shall be	24873
distributed to school districts meeting the requirements of	24874
section 3317.01 of the Revised Code; in the case of divisions (J)	24875
and (P) of this section, to educational service centers as	24876
provided in section 3317.11 of the Revised Code; in the case of	24877
divisions (E), (M), and (N) of this section, to county MR/DD	24878
boards; in the case of division (R) of this section, to joint	24879
vocational school districts; in the case of division (K) of this	24880
section, to cooperative education school districts; and in the	24881
case of division (Q) of this section, to the institutions defined	24882
under section 3317.082 of the Revised Code providing elementary or	24883
secondary education programs to children other than children	24884
receiving special education under section 3323.091 of the Revised	24885
Code. The following shall be distributed monthly, quarterly, or	24886
annually as may be determined by the state board of education:	24887

(A) A per pupil amount to each school district that	24888
establishes a summer school remediation program that complies with	24889
rules of the state board of education.	24890

(B) An amount for each island school district and each joint	24891
state school district for the operation of each high school and	24892
each elementary school maintained within such district and for	24893
capital improvements for such schools. Such amounts shall be	24894
determined on the basis of standards adopted by the state board of	24895
education.	24896

(C) An amount for each school district operating classes for	24897
children of migrant workers who are unable to be in attendance in	24898
an Ohio school during the entire regular school year. The amounts	24899
shall be determined on the basis of standards adopted by the state	24900
board of education, except that payment shall be made only for	24901
subjects regularly offered by the school district providing the	24902
classes.	24903

(D) An amount for each school district with guidance,	24904
testing, and counseling programs approved by the state board of	24905
education. The amount shall be determined on the basis of	24906
standards adopted by the state board of education.	24907

(E) An amount for the emergency purchase of school buses as	24908
provided for in section 3317.07 of the Revised Code;	24909

(F) An amount for each school district required to pay	24910
tuition for a child in an institution maintained by the department	24911
of youth services pursuant to section 3317.082 of the Revised	24912
Code, provided the child was not included in the calculation of	24913
the district's average daily membership for the preceding school	24914
year.	24915

(G) In fiscal year 2000 only, an amount to each school	24916
district for supplemental salary allowances for each licensed	24917
employee except those licensees serving as superintendents,	24918
assistant superintendents, principals, or assistant principals,	24919
whose term of service in any year is extended beyond the term of	24920
service of regular classroom teachers, as described in section	24921
3301.0725 of the Revised Code;	24922

(H) An amount for adult basic literacy education for each	24923
district participating in programs approved by the state board of	24924
education. The amount shall be determined on the basis of	24925
standards adopted by the state board of education.	24926

(I) Notwithstanding section 3317.01 of the Revised Code, but	24927
only until June 30, 1999, to each city, local, and exempted	24928
village school district, an amount for conducting driver education	24929
courses at high schools for which the state board of education	24930
prescribes minimum standards and to joint vocational and	24931
cooperative education school districts and educational service	24932
centers, an amount for conducting driver education courses to	24933
pupils enrolled in a high school for which the state board	24934
prescribes minimum standards. No payments shall be made under this	24935
division after June 30, 1999.	24936

(J) An amount for the approved cost of transporting	24937
developmentally handicapped pupils whom it is impossible or	24938
impractical to transport by regular school bus in the course of	24939
regular route transportation provided by the district or service	24940
center. No district or service center is eligible to receive a	24941
payment under this division for the cost of transporting any pupil	24942
whom it transports by regular school bus and who is included in	24943
the district's transportation ADM. The state board of education	24944
shall establish standards and guidelines for use by the department	24945
of education in determining the approved cost of such	24946
transportation for each district or service center.	24947

(K) An amount to each school district, including each	24948
cooperative education school district, pursuant to section 3313.81	24949
of the Revised Code to assist in providing free lunches to needy	24950
children and an amount to assist needy school districts in	24951
purchasing necessary equipment for food preparation. The amounts	24952
shall be determined on the basis of rules adopted by the state	24953
board of education.	24954

(L) An amount to each school district, for each pupil	24955
attending a chartered nonpublic elementary or high school within	24956
the district. The amount shall equal the amount appropriated for	24957
the implementation of section 3317.06 of the Revised Code divided	24958
by the average daily membership in grades kindergarten through	24959
twelve in nonpublic elementary and high schools within the state	24960
as determined during the first full week in October of each school	24961
year.	24962

(M) An amount for each county MR/DD board, distributed on the	24963
basis of standards adopted by the state board of education, for	24964
the approved cost of transportation required for children	24965
attending special education programs operated by the county MR/DD	24966
board under section 3323.09 of the Revised Code;	24967

(N) An amount for each county MR/DD board, distributed on the	24968
basis of standards adopted by the state board of education, for	24969
supportive home services for preschool children;	24970

(O) An amount for each school district that establishes a	24971
mentor teacher program that complies with rules of the state board	24972
of education. No school district shall be required to establish or	24973
maintain such a program in any year unless sufficient funds are	24974
appropriated to cover the district's total costs for the program.	24975

(P) An amount to each school district or educational service	24976
center for the total number of gifted units approved pursuant to	24977
section 3317.05 of the Revised Code. The amount for each such unit	24978
shall be the sum of the minimum salary for the teacher of the	24979
unit, calculated on the basis of the teacher's training level and	24980
years of experience pursuant to the salary schedule prescribed in	24981
the version of section 3317.13 of the Revised Code in effect prior	24982
to the effective date of this amendmentJuly 1, 2001, plus fifteen	24983
per cent of that minimum salary amount, plus two thousand six	24984
hundred seventy-eight dollars.	24985

(Q) An amount to each institution defined under section	24986
3317.082 of the Revised Code providing elementary or secondary	24987
education to children other than children receiving special	24988
education under section 3323.091 of the Revised Code. This amount	24989
for any institution in any fiscal year shall equal the total of	24990
all tuition amounts required to be paid to the institution under	24991
division (A)(1) of section 3317.082 of the Revised Code.	24992

(R) A grant to each school district and joint vocational	24993
school district that operates a "graduation, reality, and	24994
dual-role skills" (GRADS) program for pregnant and parenting	24995
students that is approved by the department. The amount of the	24996
payment shall be the district's state share percentage, as defined	24997
in section 3317.022 or 3317.16 of the Revised Code, times the	24998
GRADS personnel allowance times the full-time-equivalent number of	24999
GRADS teachers approved by the department. The GRADS personnel	25000
allowance is $46,260$47,555 in fiscal years 20022004 and 2003	25001
2005.	25002

The state board of education or any other board of education	25003
or governing board may provide for any resident of a district or	25004
educational service center territory any educational service for	25005
which funds are made available to the board by the United States	25006
under the authority of public law, whether such funds come	25007
directly or indirectly from the United States or any agency or	25008
department thereof or through the state or any agency, department,	25009
or political subdivision thereof.	25010

Sec. 3317.029.  (A) As used in this section:

25011

(1) "DPIA percentage" means:

25012

(a) In fiscal years prior to fiscal year 2004, the quotient	25013
obtained by dividing the five-year average number of children ages	25014
five to seventeen residing in the school district and living in a	25015
family receiving assistance under the Ohio works first program or	25016
an antecedent program known as TANF or ADC, as certified or	25017
adjusted under section 3317.10 of the Revised Code, by the	25018
district's three-year average formula ADM.	25019

(b) Beginning in fiscal year 2004, the unduplicated number of	25020
children ages five to seventeen residing in the school district	25021
and living in a family that has family income not exceeding the	25022
federal poverty guidelines and that receives family assistance, as	25023
certified or adjusted under section 3317.10 of the Revised Code,	25024
divided by the district's three-year average formula ADM.	25025

(2) "Family assistance" means assistance received under one	25026
of the following:	25027

(a) The Ohio works first program;

25028

(b) The food stamp program;

25029

(c) The medical assistance program, including the healthy	25030
start program, established under Chapter 5111. of the Revised	25031
Code;	25032

(d) The children's health insurance program part I	25033
established under section 5101.50 of the Revised Code or, prior to	25034
fiscal year 2000, an executive order issued under section 107.17	25035
of the Revised Code;	25036

(e) The disability financial assistance program established	25037
under Chapter 5115. of the Revised Code;	25038

(f) The disability medical assistance program established	25039
under Chapter 5115. of the Revised Code.	25040

(3) "Statewide DPIA percentage" means:

25041

(a) In fiscal years prior to fiscal year 2004, the five-year	25042
average of the total number of children ages five to seventeen	25043
years residing in the state and receiving assistance under the	25044
Ohio works first program or an antecedent program known as TANF or	25045
ADC, divided by the sum of the three-year average formula ADMs for	25046
all school districts in the state.	25047

(b) Beginning in fiscal year 2004, the total unduplicated	25048
number of children ages five to seventeen residing in the state	25049
and living in a family that has family income not exceeding the	25050
federal poverty guidelines and that receives family assistance,	25051
divided by the sum of the three-year average formula ADMs for all	25052
school districts in the state.	25053

(4) "DPIA index" means the quotient obtained by dividing the	25054
school district's DPIA percentage by the statewide DPIA	25055
percentage.	25056

(5) "Federal poverty guidelines" has the same meaning as in	25057
section 5101.46 of the Revised Code.	25058

(6) "DPIA student count" means:

25059

(a) In fiscal years prior to fiscal year 2004, the five-year	25060
average number of children ages five to seventeen residing in the	25061
school district and living in a family receiving assistance under	25062
the Ohio works first program or an antecedent program known as	25063
TANF or ADC, as certified under section 3317.10 of the Revised	25064
Code;	25065

(b) Beginning in fiscal year 2004, the unduplicated number of	25066
children ages five to seventeen residing in the school district	25067
and living in a family that has family income not exceeding the	25068
federal poverty guidelines and that receives family assistance, as	25069
certified or adjusted under section 3317.10 of the Revised Code.	25070

(7) "Kindergarten ADM" means the number of students reported	25071
under section 3317.03 of the Revised Code as enrolled in	25072
kindergarten.	25073

(8) "Kindergarten through third grade ADM" means the amount	25074
calculated as follows:	25075

(a) Multiply the kindergarten ADM by the sum of one plus the	25076
all-day kindergarten percentage;	25077

(b) Add the number of students in grades one through three;

25078

(c) Subtract from the sum calculated under division (A)(6)(b)	25079
of this section the number of special education students in grades	25080
kindergarten through three.	25081

(9) "Statewide average teacher salary" means forty-two	25082
thousand four hundred sixty-nine dollars in fiscal year 2002, and	25083
forty-three thousand six hundred fifty-eight dollars in fiscal	25084
year 2003, which includes an amount for the value of fringe	25085
benefits.	25086

(10) "All-day kindergarten" means a kindergarten class that	25087
is in session five days per week for not less than the same number	25088
of clock hours each day as for pupils in grades one through six.	25089

(11) "All-day kindergarten percentage" means the percentage	25090
of a district's actual total number of students enrolled in	25091
kindergarten who are enrolled in all-day kindergarten.	25092

(12) "Buildings with the highest concentration of need"	25093
means:	25094

(a) In fiscal years prior to fiscal year 2004, the school	25095
buildings in a district with percentages of students in grades	25096
kindergarten through three receiving assistance under Ohio works	25097
first at least as high as the district-wide percentage of students	25098
receiving such assistance.	25099

(b) Beginning in fiscal year 2004, the school buildings in a	25100
district with percentages of students in grades kindergarten	25101
through three receiving family assistance at least as high as the	25102
district-wide percentage of students receiving family assistance.	25103

(c) If, in any fiscal year, the information provided by the	25104
department of job and family services under section 3317.10 of the	25105
Revised Code is insufficient to determine the Ohio works first or	25106
family assistance percentage in each building, "buildings with the	25107
highest concentration of need" has the meaning given in rules that	25108
the department of education shall adopt. The rules shall base the	25109
definition of "buildings with the highest concentration of need"	25110
on family income of students in grades kindergarten through three	25111
in a manner that, to the extent possible with available data,	25112
approximates the intent of this division and division (G) of this	25113
section to designate buildings where the Ohio works first or	25114
family assistance percentage in those grades equals or exceeds the	25115
district-wide Ohio works first or family assistance percentage.	25116

(B) In addition to the amounts required to be paid to a	25117
school district under section 3317.022 of the Revised Code, a	25118
school district shall receive the greater of the amount the	25119
district received in fiscal year 1998 pursuant to division (B) of	25120
section 3317.023 of the Revised Code as it existed at that time or	25121
the sum of the computations made under divisions (C) to (E) of	25122
this section.	25123

(C) A supplemental payment that may be utilized for measures	25124
related to safety and security and for remediation or similar	25125
programs, calculated as follows:	25126

(1) If the DPIA index of the school district is greater than	25127
or equal to thirty-five-hundredths, but less than one, an amount	25128
obtained by multiplying the district's DPIA student count by two	25129
hundred thirty dollars;	25130

(2) If the DPIA index of the school district is greater than	25131
or equal to one, an amount obtained by multiplying the DPIA index	25132
by two hundred thirty dollars and multiplying that product by the	25133
district's DPIA student count.	25134

Except as otherwise provided in division (F) of this section,	25135
beginning with the school year that starts July 1, 2002, each	25136
school district annually shall use at least twenty per cent of the	25137
funds calculated for the district under this division for	25138
intervention services required by section 3313.608 of the Revised	25139
Code.	25140

(D) A payment for all-day kindergarten if the DPIA index of	25141
the school district is greater than or equal to one or if the	25142
district's three-year average formula ADM exceeded seventeen	25143
thousand five hundred, calculated by multiplying the all-day	25144
kindergarten percentage by the kindergarten ADM and multiplying	25145
that product by the formula amount.	25146

(E) A class-size reduction payment based on calculating the	25147
number of new teachers necessary to achieve a lower	25148
student-teacher ratio, as follows:	25149

(1) Determine or calculate a formula number of teachers per	25150
one thousand students based on the DPIA index of the school	25151
district as follows:	25152

(a) If the DPIA index of the school district is less than	25153
six-tenths, the formula number of teachers is 43.478, which is the	25154
number of teachers per one thousand students at a student-teacher	25155
ratio of twenty-three to one;	25156

(b) If the DPIA index of the school district is greater than	25157
or equal to six-tenths, but less than two and one-half, the	25158
formula number of teachers is calculated as follows:	25159

43.478 + {[(DPIA index-0.6)/ 1.9] X 23.188}

25160

Where 43.478 is the number of teachers per one thousand	25161
students at a student-teacher ratio of twenty-three to one; 1.9 is	25162
the interval from a DPIA index of six-tenths to a DPIA index of	25163
two and one-half; and 23.188 is the difference in the number of	25164
teachers per one thousand students at a student-teacher ratio of	25165
fifteen to one and the number of teachers per one thousand	25166
students at a student-teacher ratio of twenty-three to one.	25167

(c) If the DPIA index of the school district is greater than	25168
or equal to two and one-half, the formula number of teachers is	25169
66.667, which is the number of teachers per one thousand students	25170
at a student-teacher ratio of fifteen to one.	25171

(2) Multiply the formula number of teachers determined or	25172
calculated in division (E)(1) of this section by the kindergarten	25173
through third grade ADM for the district and divide that product	25174
by one thousand;	25175

(3) Calculate the number of new teachers as follows:

25176

(a) Multiply the kindergarten through third grade ADM by	25177
43.478, which is the number of teachers per one thousand students	25178
at a student-teacher ratio of twenty-three to one, and divide that	25179
product by one thousand;	25180

(b) Subtract the quotient obtained in division (E)(3)(a) of	25181
this section from the product in division (E)(2) of this section.	25182

(4) Multiply the greater of the difference obtained under	25183
division (E)(3) of this section or zero by the statewide average	25184
teachers salary.	25185

(F) This division applies only to school districts whose DPIA	25186
index is one or greater.	25187

(1) Each school district subject to this division shall first	25188
utilize funds received under this section so that, when combined	25189
with other funds of the district, sufficient funds exist to	25190
provide all-day kindergarten to at least the number of children in	25191
the district's all-day kindergarten percentage.	25192

(2) Up to an amount equal to the district's DPIA index	25193
multiplied by its DPIA student count multiplied by two hundred	25194
thirty dollars of the money distributed under this section may be	25195
utilized for one or both of the following:	25196

(a) Programs designed to ensure that schools are free of	25197
drugs and violence and have a disciplined environment conducive to	25198
learning;	25199

(b) Remediation for students who have failed or are in danger	25200
of failing any of the tests administered pursuant to section	25201
3301.0710 of the Revised Code.	25202

Beginning with the school year that starts on July 1, 2002,	25203
each school district shall use at least twenty per cent of the	25204
funds set aside for the purposes of divisions (F)(2)(a) and (b) of	25205
this section to provide intervention services required by section	25206
3313.608 of the Revised Code.	25207

(3) Except as otherwise required by division (G) or permitted	25208
under division (K) of this section, all other funds distributed	25209
under this section to districts subject to this division shall be	25210
utilized for the purpose of the third grade guarantee. The third	25211
grade guarantee consists of increasing the amount of instructional	25212
attention received per pupil in kindergarten through third grade,	25213
either by reducing the ratio of students to instructional	25214
personnel or by increasing the amount of instruction and	25215
curriculum-related activities by extending the length of the	25216
school day or the school year.	25217

School districts may implement a reduction of the ratio of	25218
students to instructional personnel through any or all of the	25219
following methods:	25220

(a) Reducing the number of students in a classroom taught by	25221
a single teacher;	25222

(b) Employing full-time educational aides or educational	25223
paraprofessionals issued a permit or license under section	25224
3319.088 of the Revised Code;	25225

(c) Instituting a team-teaching method that will result in a	25226
lower student-teacher ratio in a classroom.	25227

Districts may extend the school day either by increasing the	25228
amount of time allocated for each class, increasing the number of	25229
classes provided per day, offering optional academic-related	25230
after-school programs, providing curriculum-related extra	25231
curricular activities, or establishing tutoring or remedial	25232
services for students who have demonstrated an educational need.	25233
In accordance with section 3319.089 of the Revised Code, a	25234
district extending the school day pursuant to this division may	25235
utilize a participant of the work experience program who has a	25236
child enrolled in a public school in that district and who is	25237
fulfilling the work requirements of that program by volunteering	25238
or working in that public school. If the work experience program	25239
participant is compensated, the school district may use the funds	25240
distributed under this section for all or part of the	25241
compensation.	25242

Districts may extend the school year either through adding	25243
regular days of instruction to the school calendar or by providing	25244
summer programs.	25245

(G) Each district subject to division (F) of this section	25246
shall not expend any funds received under division (E) of this	25247
section in any school buildings that are not buildings with the	25248
highest concentration of need, unless there is a ratio of	25249
instructional personnel to students of no more than fifteen to one	25250
in each kindergarten and first grade class in all buildings with	25251
the highest concentration of need. This division does not require	25252
that the funds used in buildings with the highest concentration of	25253
need be spent solely to reduce the ratio of instructional	25254
personnel to students in kindergarten and first grade. A school	25255
district may spend the funds in those buildings in any manner	25256
permitted by division (F)(3) of this section, but may not spend	25257
the money in other buildings unless the fifteen-to-one ratio	25258
required by this division is attained.	25259

(H)(1) By the first day of August of each fiscal year, each	25260
school district wishing to receive any funds under division (D) of	25261
this section shall submit to the department of education an	25262
estimate of its all-day kindergarten percentage. Each district	25263
shall update its estimate throughout the fiscal year in the form	25264
and manner required by the department, and the department shall	25265
adjust payments under this section to reflect the updates.	25266

(2) Annually by the end of December, the department of	25267
education, utilizing data from the information system established	25268
under section 3301.0714 of the Revised Code and after consultation	25269
with the legislative office of education oversight, shall	25270
determine for each school district subject to division (F) of this	25271
section whether in the preceding fiscal year the district's ratio	25272
of instructional personnel to students and its number of	25273
kindergarten students receiving all-day kindergarten appear	25274
reasonable, given the amounts of money the district received for	25275
that fiscal year pursuant to divisions (D) and (E) of this	25276
section. If the department is unable to verify from the data	25277
available that students are receiving reasonable amounts of	25278
instructional attention and all-day kindergarten, given the funds	25279
the district has received under this section and that class-size	25280
reduction funds are being used in school buildings with the	25281
highest concentration of need as required by division (G) of this	25282
section, the department shall conduct a more intensive	25283
investigation to ensure that funds have been expended as required	25284
by this section. The department shall file an annual report of its	25285
findings under this division with the chairpersons of the	25286
committees in each house of the general assembly dealing with	25287
finance and education.	25288

(I) Any school district with a DPIA index less than one and a	25289
three-year average formula ADM exceeding seventeen thousand five	25290
hundred shall first utilize funds received under this section so	25291
that, when combined with other funds of the district, sufficient	25292
funds exist to provide all-day kindergarten to at least the number	25293
of children in the district's all-day kindergarten percentage.	25294
Such a district shall expend at least seventy per cent of the	25295
remaining funds received under this section, and any other	25296
district with a DPIA index less than one shall expend at least	25297
seventy per cent of all funds received under this section, for any	25298
of the following purposes:	25299

(1) The purchase of technology for instructional purposes;

25300

(2) All-day kindergarten;

25301

(3) Reduction of class sizes;

25302

(4) Summer school remediation;

25303

(5) Dropout prevention programs;

25304

(6) Guaranteeing that all third graders are ready to progress	25305
to more advanced work;	25306

(7) Summer education and work programs;

25307

(8) Adolescent pregnancy programs;

25308

(9) Head start or preschool programs;

25309

(10) Reading improvement programs described by the department	25310
of education;	25311

(11) Programs designed to ensure that schools are free of	25312
drugs and violence and have a disciplined environment conducive to	25313
learning;	25314

(12) Furnishing, free of charge, materials used in courses of	25315
instruction, except for the necessary textbooks or electronic	25316
textbooks required to be furnished without charge pursuant to	25317
section 3329.06 of the Revised Code, to pupils living in families	25318
participating in Ohio works first in accordance with section	25319
3313.642 of the Revised Code;	25320

(13) School breakfasts provided pursuant to section 3313.813	25321
of the Revised Code.	25322

Each district shall submit to the department, in such format	25323
and at such time as the department shall specify, a report on the	25324
programs for which it expended funds under this division.	25325

(J) If at any time the superintendent of public instruction	25326
determines that a school district receiving funds under division	25327
(D) of this section has enrolled less than the all-day	25328
kindergarten percentage reported for that fiscal year, the	25329
superintendent shall withhold from the funds otherwise due the	25330
district under this section a proportional amount as determined by	25331
the difference in the certified all-day kindergarten percentage	25332
and the percentage actually enrolled in all-day kindergarten.	25333

The superintendent shall also withhold an appropriate amount	25334
of funds otherwise due a district for any other misuse of funds	25335
not in accordance with this section.	25336

(K)(1) A district may use a portion of the funds calculated	25337
for it under division (D) of this section to modify or purchase	25338
classroom space to provide all-day kindergarten, if both of the	25339
following conditions are met:	25340

(a) The district certifies to the department, in a manner	25341
acceptable to the department, that it has a shortage of space for	25342
providing all-day kindergarten.	25343

(b) The district provides all-day kindergarten to the number	25344
of children in the all-day kindergarten percentage it certified	25345
under this section.	25346

(2) A district may use a portion of the funds described in	25347
division (F)(3) of this section to modify or purchase classroom	25348
space to enable it to further reduce class size in grades	25349
kindergarten through two with a goal of attaining class sizes of	25350
fifteen students per licensed teacher. To do so, the district must	25351
certify its need for additional space to the department, in a	25352
manner satisfactory to the department.	25353

Sec. 3317.0217.  The department of education shall annually	25354
compute and pay state parity aid to school districts, as follows:	25355

(A) Calculate the local wealth per pupil of each school	25356
district, which equals the following sum:	25357

(1) Two-thirds times the quotient of (a) the district's	25358
recognized valuation divided by (b) its formula ADM; plus	25359

(2) One-third times the quotient of (a) the average of the	25360
total federal adjusted gross income of the school district's	25361
residents for the three years most recently reported under section	25362
3317.021 of the Revised Code divided by (b) its formula ADM.	25363

(B) Rank all school districts in order of local wealth per	25364
pupil, from the district with the lowest local wealth per pupil to	25365
the district with the highest local wealth per pupil.	25366

(C) Compute the per pupil state parity aid funding for each	25367
school district in accordance with the following formula:	25368

Payment percentage X (threshold local wealth

25369

per pupil - the district's local

25370

wealth per pupil) X 0.0095

25371

Where:

25372

(1) "Payment percentage," for purposes of division (C) of	25373
this section, equals 20% in fiscal year 2002, 40% in fiscal year	25374
2003, 60% in fiscal year 2004, 80% in fiscal year 2005, and 100%	25375
after fiscal year 2005.	25376

(2) Nine and one-half mills (0.0095) is the general	25377
assembly's determination of the average number of effective	25378
operating mills that districts in the seventieth to ninetieth	25379
percentiles of valuations per pupil collected in fiscal year 2001	25380
above the revenues required to finance their attributed local	25381
shares of the calculated cost of an adequate education. This was	25382
determined by (a) adding the district revenues from operating	25383
property tax levies and income tax levies, (b) subtracting from	25384
that total the sum of (i) twenty-three mills times adjusted	25385
recognized valuation plus (ii) the attributed local shares of	25386
special education, transportation, and vocational education	25387
funding as described in divisions (F)(1) to (3) of section	25388
3317.022 of the Revised Code, and (c) converting the result to an	25389
effective operating property tax rate.	25390

(3) The "threshold local wealth per pupil" is the local	25391
wealth per pupil of the school district with the	25392
four-hundred-ninetieth lowest local wealth per pupil.	25393

If the result of the calculation for a school district under	25394
division (C) of this section is less than zero, the district's per	25395
pupil parity aid shall be zero.	25396

(D) Compute the per pupil alternative parity aid for each	25397
school district that has a combination of an income factor of 1.0	25398
or less, a DPIA index of 1.0 or greater, and a	25399
cost-of-doing-business factor of 1.0375 or greater, in accordance	25400
with the following formula:	25401

Payment percentage X $60,000 X	25402

(1 - income factor) X 4/15 X 0.023

25403

Where:

25404

(1) "DPIA index" has the same meaning as in section 3317.029	25405
of the Revised Code.	25406

(2) "Payment percentage," for purposes of division (D) of	25407
this section, equals 50% in fiscal year 2002 and 100% after fiscal	25408
year 2002.	25409

(E) Pay each district that has a combination of an income	25410
factor 1.0 or less, a DPIA index of 1.0 or greater, and a	25411
cost-of-doing-business factor of 1.0375 or greater, the greater of	25412
the following:	25413

(1) The product of the district's per pupil parity aid	25414
calculated under division (C) of this section times its formula	25415
ADM;	25416

(2) The product of its per pupil alternative parity aid	25417
calculated under division (D) of this section times its formula	25418
ADM.	25419

(F) Pay every other district the product of its per pupil	25420
parity aid calculated under division (C) of this section times its	25421
formula ADM.	25422

Every six years, the general assembly shall redetermine,	25423
after considering the report of the committee appointed under	25424
section 3317.012 of the Revised Code, the average number of	25425
effective operating mills that districts in the seventieth to	25426
ninetieth percentiles of valuations per pupil collect above the	25427
revenues required to finance their attributed local shares of the	25428
cost of an adequate education.	25429

Sec. 3317.03.  Notwithstanding divisions (A)(1), (B)(1), and	25430
(C) of this section, any student enrolled in kindergarten more	25431
than half time shall be reported as one-half student under this	25432
section.	25433

(A) The superintendent of each city and exempted village	25434
school district and of each educational service center shall, for	25435
the schools under the superintendent's supervision, certify to the	25436
state board of education on or before the fifteenth day of October	25437
in each year for the first full school week in October the formula	25438
ADM, which shall consist of the average daily membership during	25439
such week of the sum of the following:	25440

(1) On an FTE basis, the number of students in grades	25441
kindergarten through twelve receiving any educational services	25442
from the district, except that the following categories of	25443
students shall not be included in the determination:	25444

(a) Students enrolled in adult education classes;

25445

(b) Adjacent or other district students enrolled in the	25446
district under an open enrollment policy pursuant to section	25447
3313.98 of the Revised Code;	25448

(c) Students receiving services in the district pursuant to a	25449
compact, cooperative education agreement, or a contract, but who	25450
are entitled to attend school in another district pursuant to	25451
section 3313.64 or 3313.65 of the Revised Code;	25452

(d) Students for whom tuition is payable pursuant to sections	25453
3317.081 and 3323.141 of the Revised Code.	25454

(2) On an FTE basis, the number of students entitled to	25455
attend school in the district pursuant to section 3313.64 or	25456
3313.65 of the Revised Code, but receiving educational services in	25457
grades kindergarten through twelve from one or more of the	25458
following entities:	25459

(a) A community school pursuant to Chapter 3314. of the	25460
Revised Code, including any participation in a college pursuant to	25461
Chapter 3365. of the Revised Code while enrolled in such community	25462
school;	25463

(b) An alternative school pursuant to sections 3313.974 to	25464
3313.979 of the Revised Code as described in division (I)(2)(a) or	25465
(b) of this section;	25466

(c) A college pursuant to Chapter 3365. of the Revised Code,	25467
except when the student is enrolled in the college while also	25468
enrolled in a community school pursuant to Chapter 3314. of the	25469
Revised Code;	25470

(d) An adjacent or other school district under an open	25471
enrollment policy adopted pursuant to section 3313.98 of the	25472
Revised Code;	25473

(e) An educational service center or cooperative education	25474
district;	25475

(f) Another school district under a cooperative education	25476
agreement, compact, or contract.	25477

(3) One-fourthTen per cent of the number of students	25478
enrolled in a joint vocational school district or under a	25479
vocational education compact, excluding any students entitled to	25480
attend school in the district under section 3313.64 or 3313.65 of	25481
the Revised Code who are enrolled in another school district	25482
through an open enrollment policy as reported under division	25483
(A)(2)(d) of this section and then enroll in a joint vocational	25484
school district or under a vocational education compact;	25485

(4) The number of handicapped children, other than	25486
handicapped preschool children, entitled to attend school in the	25487
district pursuant to section 3313.64 or 3313.65 of the Revised	25488
Code who are placed with a county MR/DD board, minus the number of	25489
such children placed with a county MR/DD board in fiscal year	25490
1998. If this calculation produces a negative number, the number	25491
reported under division (A)(4) of this section shall be zero.	25492

(B) To enable the department of education to obtain the data	25493
needed to complete the calculation of payments pursuant to this	25494
chapter, in addition to the formula ADM, each superintendent shall	25495
report separately the following student counts:	25496

(1) The total average daily membership in regular day classes	25497
included in the report under division (A)(1) or (2) of this	25498
section for kindergarten, and each of grades one through twelve in	25499
schools under the superintendent's supervision;	25500

(2) The number of all handicapped preschool children enrolled	25501
as of the first day of December in classes in the district that	25502
are eligible for approval by the state board of education under	25503
division (B) of section 3317.05 of the Revised Code and the number	25504
of those classes, which shall be reported not later than the	25505
fifteenth day of December, in accordance with rules adopted under	25506
that section;	25507

(3) The number of children entitled to attend school in the	25508
district pursuant to section 3313.64 or 3313.65 of the Revised	25509
Code who are participating in a pilot project scholarship program	25510
established under sections 3313.974 to 3313.979 of the Revised	25511
Code as described in division (I)(2)(a) or (b) of this section,	25512
are enrolled in a college under Chapter 3365. of the Revised Code,	25513
except when the student is enrolled in the college while also	25514
enrolled in a community school pursuant to Chapter 3314. of the	25515
Revised Code, are enrolled in an adjacent or other school district	25516
under section 3313.98 of the Revised Code, are enrolled in a	25517
community school established under Chapter 3314. of the Revised	25518
Code, including any participation in a college pursuant to Chapter	25519
3365. of the Revised Code while enrolled in such community school,	25520
or are participating in a program operated by a county MR/DD board	25521
or a state institution;	25522

(4) The number of pupils enrolled in joint vocational	25523
schools;	25524

(5) The average daily membership of handicapped children	25525
reported under division (A)(1) or (2) of this section receiving	25526
special education services for the category one handicap described	25527
in division (A) of section 3317.013 of the Revised Code;	25528

(6) The average daily membership of handicapped children	25529
reported under division (A)(1) or (2) of this section receiving	25530
special education services for category two handicaps described in	25531
division (B) of section 3317.013 of the Revised Code;	25532

(7) The average daily membership of handicapped children	25533
reported under division (A)(1) or (2) of this section receiving	25534
special education services for category three handicaps described	25535
in division (C) of section 3317.013 of the Revised Code;	25536

(8) The average daily membership of handicapped children	25537
reported under division (A)(1) or (2) of this section receiving	25538
special education services for category four handicaps described	25539
in division (D) of section 3317.013 of the Revised Code;	25540

(9) The average daily membership of handicapped children	25541
reported under division (A)(1) or (2) of this section receiving	25542
special education services for the category five handicap	25543
described in division (E) of section 3317.013 of the Revised Code;	25544

(10) The average daily membership of handicapped children	25545
reported under division (A)(1) or (2) of this section receiving	25546
special education services for category six handicaps described in	25547
division (F) of section 3317.013 of the Revised Code;	25548

(11) The average daily membership of pupils reported under	25549
division (A)(1) or (2) of this section enrolled in category one	25550
vocational education programs or classes, described in division	25551
(A) of section 3317.014 of the Revised Code, operated by the	25552
school district or by another district, other than a joint	25553
vocational school district, or by an educational service center;	25554

(12) The average daily membership of pupils reported under	25555
division (A)(1) or (2) of this section enrolled in category two	25556
vocational education programs or services, described in division	25557
(B) of section 3317.014 of the Revised Code, operated by the	25558
school district or another school district, other than a joint	25559
vocational school district, or by an educational service center;	25560

(13) The average number of children transported by the school	25561
district on board-owned or contractor-owned and -operated buses,	25562
reported in accordance with rules adopted by the department of	25563
education;	25564

(14)(a) The number of children, other than handicapped	25565
preschool children, the district placed with a county MR/DD board	25566
in fiscal year 1998;	25567

(b) The number of handicapped children, other than	25568
handicapped preschool children, placed with a county MR/DD board	25569
in the current fiscal year to receive special education services	25570
for the category one handicap described in division (A) of section	25571
3317.013 of the Revised Code;	25572

(c) The number of handicapped children, other than	25573
handicapped preschool children, placed with a county MR/DD board	25574
in the current fiscal year to receive special education services	25575
for category two handicaps described in division (B) of section	25576
3317.013 of the Revised Code;	25577

(d) The number of handicapped children, other than	25578
handicapped preschool children, placed with a county MR/DD board	25579
in the current fiscal year to receive special education services	25580
for category three handicaps described in division (C) of section	25581
3317.013 of the Revised Code;	25582

(e) The number of handicapped children, other than	25583
handicapped preschool children, placed with a county MR/DD board	25584
in the current fiscal year to receive special education services	25585
for category four handicaps described in division (D) of section	25586
3317.013 of the Revised Code;	25587

(f) The number of handicapped children, other than	25588
handicapped preschool children, placed with a county MR/DD board	25589
in the current fiscal year to receive special education services	25590
for the category five handicap described in division (E) of	25591
section 3317.013 of the Revised Code;	25592

(g) The number of handicapped children, other than	25593
handicapped preschool children, placed with a county MR/DD board	25594
in the current fiscal year to receive special education services	25595
for category six handicaps described in division (F) of section	25596
3317.013 of the Revised Code.	25597

(C)(1) Except as otherwise provided in this section for	25598
kindergarten students, the average daily membership in divisions	25599
(B)(1) to (12) of this section shall be based upon the number of	25600
full-time equivalent students. The state board of education shall	25601
adopt rules defining full-time equivalent students and for	25602
determining the average daily membership therefrom for the	25603
purposes of divisions (A), (B), and (D) of this section.	25604

(2) A student enrolled in a community school established	25605
under Chapter 3314. of the Revised Code shall be counted in the	25606
formula ADM and, if applicable, the category one, two, three,	25607
four, five, or six special education ADM of the school district in	25608
which the student is entitled to attend school under section	25609
3313.64 or 3313.65 of the Revised Code for the same proportion of	25610
the school year that the student is counted in the enrollment of	25611
the community school for purposes of section 3314.08 of the	25612
Revised Code.	25613

(3) No child shall be counted as more than a total of one	25614
child in the sum of the average daily memberships of a school	25615
district under division (A), divisions (B)(1) to (12), or division	25616
(D) of this section, except as follows:	25617

(a) A child with a handicap described in section 3317.013 of	25618
the Revised Code may be counted both in formula ADM and in	25619
category one, two, three, four, five, or six special education ADM	25620
and, if applicable, in category one or two vocational education	25621
ADM. As provided in division (C) of section 3317.02 of the Revised	25622
Code, such a child shall be counted in category one, two, three,	25623
four, five, or six special education ADM in the same proportion	25624
that the child is counted in formula ADM.	25625

(b) A child enrolled in vocational education programs or	25626
classes described in section 3317.014 of the Revised Code may be	25627
counted both in formula ADM and category one or two vocational	25628
education ADM and, if applicable, in category one, two, three,	25629
four, five, or six special education ADM. Such a child shall be	25630
counted in category one or two vocational education ADM in the	25631
same proportion as the percentage of time that the child spends in	25632
the vocational education programs or classes.	25633

(4) Based on the information reported under this section, the	25634
department of education shall determine the total student count,	25635
as defined in section 3301.011 of the Revised Code, for each	25636
school district.	25637

(D)(1) The superintendent of each joint vocational school	25638
district shall certify to the superintendent of public instruction	25639
on or before the fifteenth day of October in each year for the	25640
first full school week in October the formula ADM, which, except	25641
as otherwise provided in this division, shall consist of the	25642
average daily membership during such week, on an FTE basis, of the	25643
number of students receiving any educational services from the	25644
district, including students enrolled in a community school	25645
established under Chapter 3314. of the Revised Code who are	25646
attending the joint vocational district under an agreement between	25647
the district board of education and the governing authority of the	25648
community school and are entitled to attend school in a city,	25649
local, or exempted village school district whose territory is part	25650
of the territory of the joint vocational district.	25651

The following categories of students shall not be included in	25652
the determination made under division (D)(1) of this section:	25653

(a) Students enrolled in adult education classes;

25654

(b) Adjacent or other district joint vocational students	25655
enrolled in the district under an open enrollment policy pursuant	25656
to section 3313.98 of the Revised Code;	25657

(c) Students receiving services in the district pursuant to a	25658
compact, cooperative education agreement, or a contract, but who	25659
are entitled to attend school in a city, local, or exempted	25660
village school district whose territory is not part of the	25661
territory of the joint vocational district;	25662

(d) Students for whom tuition is payable pursuant to sections	25663
3317.081 and 3323.141 of the Revised Code.	25664

(2) To enable the department of education to obtain the data	25665
needed to complete the calculation of payments pursuant to this	25666
chapter, in addition to the formula ADM, each superintendent shall	25667
report separately the average daily membership included in the	25668
report under division (D)(1) of this section for each of the	25669
following categories of students:	25670

(a) Students enrolled in each grade included in the joint	25671
vocational district schools;	25672

(b) Handicapped children receiving special education services	25673
for the category one handicap described in division (A) of section	25674
3317.013 of the Revised Code;	25675

(c) Handicapped children receiving special education services	25676
for the category two handicaps described in division (B) of	25677
section 3317.013 of the Revised Code;	25678

(d) Handicapped children receiving special education services	25679
for category three handicaps described in division (C) of section	25680
3317.013 of the Revised Code;	25681

(e) Handicapped children receiving special education services	25682
for category four handicaps described in division (D) of section	25683
3317.013 of the Revised Code;	25684

(f) Handicapped children receiving special education services	25685
for the category five handicap described in division (E) of	25686
section 3317.013 of the Revised Code;	25687

(g) Handicapped children receiving special education services	25688
for category six handicaps described in division (F) of section	25689
3317.013 of the Revised Code;	25690

(h) Students receiving category one vocational education	25691
services, described in division (A) of section 3317.014 of the	25692
Revised Code;	25693

(i) Students receiving category two vocational education	25694
services, described in division (B) of section 3317.014 of the	25695
Revised Code.	25696

The superintendent of each joint vocational school district	25697
shall also indicate the city, local, or exempted village school	25698
district in which each joint vocational district pupil is entitled	25699
to attend school pursuant to section 3313.64 or 3313.65 of the	25700
Revised Code.	25701

(E) In each school of each city, local, exempted village,	25702
joint vocational, and cooperative education school district there	25703
shall be maintained a record of school membership, which record	25704
shall accurately show, for each day the school is in session, the	25705
actual membership enrolled in regular day classes. For the purpose	25706
of determining average daily membership, the membership figure of	25707
any school shall not include any pupils except those pupils	25708
described by division (A) of this section. The record of	25709
membership for each school shall be maintained in such manner that	25710
no pupil shall be counted as in membership prior to the actual	25711
date of entry in the school and also in such manner that where for	25712
any cause a pupil permanently withdraws from the school that pupil	25713
shall not be counted as in membership from and after the date of	25714
such withdrawal. There shall not be included in the membership of	25715
any school any of the following:	25716

(1) Any pupil who has graduated from the twelfth grade of a	25717
public high school;	25718

(2) Any pupil who is not a resident of the state;

25719

(3) Any pupil who was enrolled in the schools of the district	25720
during the previous school year when tests were administered under	25721
section 3301.0711 of the Revised Code but did not take one or more	25722
of the tests required by that section and was not excused pursuant	25723
to division (C)(1) of that section;	25724

(4) Any pupil who has attained the age of twenty-two years,	25725
except for veterans of the armed services whose attendance was	25726
interrupted before completing the recognized twelve-year course of	25727
the public schools by reason of induction or enlistment in the	25728
armed forces and who apply for reenrollment in the public school	25729
system of their residence not later than four years after	25730
termination of war or their honorable discharge.	25731

If, however, any veteran described by division (E)(4) of this	25732
section elects to enroll in special courses organized for veterans	25733
for whom tuition is paid under the provisions of federal laws, or	25734
otherwise, that veteran shall not be included in average daily	25735
membership.	25736

Notwithstanding division (E)(3) of this section, the	25737
membership of any school may include a pupil who did not take a	25738
test required by section 3301.0711 of the Revised Code if the	25739
superintendent of public instruction grants a waiver from the	25740
requirement to take the test to the specific pupil. The	25741
superintendent may grant such a waiver only for good cause in	25742
accordance with rules adopted by the state board of education.	25743

Except as provided in divisions (B)(2) and (F) of this	25744
section, the average daily membership figure of any local, city,	25745
exempted village, or joint vocational school district shall be	25746
determined by dividing the figure representing the sum of the	25747
number of pupils enrolled during each day the school of attendance	25748
is actually open for instruction during the first full school week	25749
in October by the total number of days the school was actually	25750
open for instruction during that week. For purposes of state	25751
funding, "enrolled" persons are only those pupils who are	25752
attending school, those who have attended school during the	25753
current school year and are absent for authorized reasons, and	25754
those handicapped children currently receiving home instruction.	25755

The average daily membership figure of any cooperative	25756
education school district shall be determined in accordance with	25757
rules adopted by the state board of education.	25758

(F)(1) If the formula ADM for the first full school week in	25759
February is at least three per cent greater than that certified	25760
for the first full school week in the preceding October, the	25761
superintendent of schools of any city, exempted village, or joint	25762
vocational school district or educational service center shall	25763
certify such increase to the superintendent of public instruction.	25764
Such certification shall be submitted no later than the fifteenth	25765
day of February. For the balance of the fiscal year, beginning	25766
with the February payments, the superintendent of public	25767
instruction shall use the increased formula ADM in calculating or	25768
recalculating the amounts to be allocated in accordance with	25769
section 3317.022 or 3317.16 of the Revised Code. In no event shall	25770
the superintendent use an increased membership certified to the	25771
superintendent after the fifteenth day of February.	25772

(2) If on the first school day of April the total number of	25773
classes or units for handicapped preschool children that are	25774
eligible for approval under division (B) of section 3317.05 of the	25775
Revised Code exceeds the number of units that have been approved	25776
for the year under that division, the superintendent of schools of	25777
any city, exempted village, or cooperative education school	25778
district or educational service center shall make the	25779
certifications required by this section for that day. If the state	25780
board of educationdepartment determines additional units can be	25781
approved for the fiscal year within any limitations set forth in	25782
the acts appropriating moneys for the funding of such units, the	25783
boarddepartment shall approve additional units for the fiscal	25784
year on the basis of such average daily membership. For each unit	25785
so approved, the department of education shall pay an amount	25786
computed in the manner prescribed in section 3317.052 or 3317.19	25787
and section 3317.053 of the Revised Code.	25788

(3) If a student attending a community school under Chapter	25789
3314. of the Revised Code is not included in the formula ADM	25790
certified for the first full school week of October for the school	25791
district in which the student is entitled to attend school under	25792
section 3313.64 or 3313.65 of the Revised Code, the department of	25793
education shall adjust the formula ADM of that school district to	25794
include the community school student in accordance with division	25795
(C)(2) of this section, and shall recalculate the school	25796
district's payments under this chapter for the entire fiscal year	25797
on the basis of that adjusted formula ADM. This requirement	25798
applies regardless of whether the student was enrolled, as defined	25799
in division (E) of this section, in the community school during	25800
the first full school week in October.	25801

(G)(1)(a) The superintendent of an institution operating a	25802
special education program pursuant to section 3323.091 of the	25803
Revised Code shall, for the programs under such superintendent's	25804
supervision, certify to the state board of education the average	25805
daily membership of all handicapped children in classes or	25806
programs approved annually by the state boarddepartment of	25807
education, in the manner prescribed by the superintendent of	25808
public instruction.	25809

(b) The superintendent of an institution with vocational	25810
education units approved under division (A) of section 3317.05 of	25811
the Revised Code shall, for the units under the superintendent's	25812
supervision, certify to the state board of education the average	25813
daily membership in those units, in the manner prescribed by the	25814
superintendent of public instruction.	25815

(2) The superintendent of each county MR/DD board that	25816
maintains special education classes under section 3317.20 of the	25817
Revised Code or units approved by the state board of education	25818
pursuant to section 3317.05 of the Revised Code shall do both of	25819
the following:	25820

(a) Certify to the state board, in the manner prescribed by	25821
the board, the average daily membership in classes under section	25822
3317.20 of the Revised Code for each school district that has	25823
placed children in the classes;	25824

(b) Certify to the state board, in the manner prescribed by	25825
the board, the number of all handicapped preschool children	25826
enrolled as of the first day of December in classes eligible for	25827
approval under division (B) of section 3317.05 of the Revised	25828
Code, and the number of those classes.	25829

(3)(a) If on the first school day of April the number of	25830
classes or units maintained for handicapped preschool children by	25831
the county MR/DD board that are eligible for approval under	25832
division (B) of section 3317.05 of the Revised Code is greater	25833
than the number of units approved for the year under that	25834
division, the superintendent shall make the certification required	25835
by this section for that day.	25836

(b) If the state boarddepartment determines that additional	25837
classes or units can be approved for the fiscal year within any	25838
limitations set forth in the acts appropriating moneys for the	25839
funding of the classes and units described in division (G)(3)(a)	25840
of this section, the boarddepartment shall approve and fund	25841
additional units for the fiscal year on the basis of such average	25842
daily membership. For each unit so approved, the department of	25843
education shall pay an amount computed in the manner prescribed in	25844
sections 3317.052 and 3317.053 of the Revised Code.	25845

(H) Except as provided in division (I) of this section, when	25846
any city, local, or exempted village school district provides	25847
instruction for a nonresident pupil whose attendance is	25848
unauthorized attendance as defined in section 3327.06 of the	25849
Revised Code, that pupil's membership shall not be included in	25850
that district's membership figure used in the calculation of that	25851
district's formula ADM or included in the determination of any	25852
unit approved for the district under section 3317.05 of the	25853
Revised Code. The reporting official shall report separately the	25854
average daily membership of all pupils whose attendance in the	25855
district is unauthorized attendance, and the membership of each	25856
such pupil shall be credited to the school district in which the	25857
pupil is entitled to attend school under division (B) of section	25858
3313.64 or section 3313.65 of the Revised Code as determined by	25859
the department of education.	25860

(I)(1) A city, local, exempted village, or joint vocational	25861
school district admitting a scholarship student of a pilot project	25862
district pursuant to division (C) of section 3313.976 of the	25863
Revised Code may count such student in its average daily	25864
membership.	25865

(2) In any year for which funds are appropriated for pilot	25866
project scholarship programs, a school district implementing a	25867
state-sponsored pilot project scholarship program that year	25868
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	25869
count in average daily membership:	25870

(a) All children residing in the district and utilizing a	25871
scholarship to attend kindergarten in any alternative school, as	25872
defined in section 3313.974 of the Revised Code;	25873

(b) All children who were enrolled in the district in the	25874
preceding year who are utilizing a scholarship to attend any such	25875
alternative school.	25876

(J) The superintendent of each cooperative education school	25877
district shall certify to the superintendent of public	25878
instruction, in a manner prescribed by the state board of	25879
education, the applicable average daily memberships for all	25880
students in the cooperative education district, also indicating	25881
the city, local, or exempted village district where each pupil is	25882
entitled to attend school under section 3313.64 or 3313.65 of the	25883
Revised Code.	25884

Sec. 3317.032.  (A) Each city, local, exempted village, and	25885
cooperative education school district, each educational service	25886
center, each county MR/DD board, and each institution operating a	25887
special education program pursuant to section 3323.091 of the	25888
Revised Code shall, in accordance with procedures adopted by the	25889
state board of education, maintain a record of district membership	25890
of both of the following:	25891

(1) All handicapped preschool children in units approved	25892
under division (B) of section 3317.05 of the Revised Code;	25893

(2) All handicapped preschool children who are not in units	25894
approved by the state board under division (B) of section 3317.05	25895
of the Revised Code but who are otherwise served by a special	25896
education program.	25897

(B) The superintendent of each district, board, or	25898
institution subject to division (A) of this section shall certify	25899
to the state board of education, in accordance with procedures	25900
adopted by that board, membership figures of all handicapped	25901
preschool children whose membership is maintained under division	25902
(A)(2) of this section. The figures certified under this division	25903
shall be used in the determination of the ADM used to compute	25904
funds for educational service center governing boards under	25905
division (B) of section 3317.11 of the Revised Code.	25906

Sec. 3317.05.  (A) For the purpose of calculating payments	25907
under sections 3317.052 and 3317.053 of the Revised Code, the	25908
state boarddepartment of education shall determine for each	25909
institution, by the last day of January of each year and based on	25910
information certified under section 3317.03 of the Revised Code,	25911
the number of vocational education units or fractions of units	25912
approved by the state boarddepartment on the basis of standards	25913
and rules adopted by the state board of education. As used in this	25914
division, "institution" means an institution operated by a	25915
department specified in section 3323.091 of the Revised Code and	25916
that provides vocational education programs under the supervision	25917
of the division of vocational education of the department of	25918
education that meet the standards and rules for these programs,	25919
including licensure of professional staff involved in the	25920
programs, as established by the state board of education.	25921

(B) For the purpose of calculating payments under sections	25922
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	25923
state boarddepartment shall determine, based on information	25924
certified under section 3317.03 of the Revised Code, the following	25925
by the last day of January of each year for each educational	25926
service center, for each school district, including each	25927
cooperative education school district, for each institution	25928
eligible for payment under section 3323.091 of the Revised Code,	25929
and for each county MR/DD board: the number of classes operated by	25930
the school district, service center, institution, or county MR/DD	25931
board for handicapped preschool children, or fraction thereof,	25932
including in the case of a district or service center that is a	25933
funding agent, classes taught by a licensed teacher employed by	25934
that district or service center under section 3313.841 of the	25935
Revised Code, approved annually by the state boarddepartment on	25936
the basis of standards and rules adopted by the state board.	25937

(C) For the purpose of calculating payments under sections	25938
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	25939
state boarddepartment shall determine, based on information	25940
certified under section 3317.03 of the Revised Code, the following	25941
by the last day of January of each year for each school district,	25942
including each cooperative education school district, for each	25943
institution eligible for payment under section 3323.091 of the	25944
Revised Code, and for each county MR/DD board: the number of	25945
preschool handicapped related services units for child study,	25946
occupational, physical, or speech and hearing therapy, special	25947
education supervisors, and special education coordinators approved	25948
annually by the state boarddepartment on the basis of standards	25949
and rules adopted by the state board.	25950

(D) For the purpose of calculating payments under sections	25951
3317.052 and 3317.053 of the Revised Code, the state board	25952
department shall determine, based on information certified under	25953
section 3317.03 of the Revised Code, the following by the last day	25954
of January of each year for each institution eligible for payment	25955
under section 3323.091 of the Revised Code:	25956

(1) The number of classes operated by an institution for	25957
handicapped children other than handicapped preschool children, or	25958
fraction thereof, approved annually by the state boarddepartment	25959
on the basis of standards and rules adopted by the state board;	25960

(2) The number of related services units for children other	25961
than handicapped preschool children for child study, occupational,	25962
physical, or speech and hearing therapy, special education	25963
supervisors, and special education coordinators approved annually	25964
by the state boarddepartment on the basis of standards and rules	25965
adopted by the state board.	25966

(E) All of the arithmetical calculations made under this	25967
section shall be carried to the second decimal place. The total	25968
number of units for school districts, service centers, and	25969
institutions approved annually by the state board under this	25970
section shall not exceed the number of units included in the state	25971
board's estimate of cost for these units and appropriations made	25972
for them by the general assembly.	25973

In the case of units described in division (D)(1) of this	25974
section operated by institutions eligible for payment under	25975
section 3323.091 of the Revised Code, the state boarddepartment	25976
shall approve only units for persons who are under age twenty-two	25977
on the first day of the academic year, but not less than six years	25978
of age on the thirtieth day of September of that year, except that	25979
such a unit may include one or more children who are under six	25980
years of age on the thirtieth day of September if such children	25981
have been admitted to the unit pursuant to rules of the state	25982
board. In the case of handicapped preschool units described in	25983
division (B) of this section operated by county MR/DD boards and	25984
institutions eligible for payment under section 3323.091 of the	25985
Revised Code, the state boarddepartment shall approve only	25986
preschool units for children who are under age six but not less	25987
than age three on the thirtiethfirst day of SeptemberDecember of	25988
the academic year, except that such a unit may include one or more	25989
children who are under age three or are age six or over on the	25990
thirtiethfirst day of SeptemberDecember, as reported under	25991
division (B)(2) or (G)(2)(b) of section 3317.03 of the Revised	25992
Code, if such children have been admitted to the unit pursuant to	25993
rules of the state board of education. The number of units for	25994
county MR/DD boards and institutions eligible for payment under	25995
section 3323.091 of the Revised Code approved by the state board	25996
under this section shall not exceed the number that can be funded	25997
with appropriations made for such purposes by the general	25998
assembly.	25999

No unit shall be approved under divisions (B) to (D) of this	26000
section unless a plan has been submitted and approved under	26001
Chapter 3323. of the Revised Code.	26002

(F) The department shall approve units or fractions thereof	26003
for gifted children on the basis of standards and rules adopted by	26004
the state board.	26005

Sec. 3317.064.  (A) There is hereby established in the state	26006
treasury the auxiliary services mobile unit replacement and repair	26007
reimbursement fund. By the thirtieth day of January of each	26008
odd-numbered year, the director of job and family services and the	26009
superintendent of public instruction shall determine the amount of	26010
any excess moneys in the auxiliary services personnel unemployment	26011
compensation fund not reasonably necessary for the purposes of	26012
section 4141.47 of the Revised Code, and shall certify such amount	26013
to the director of budget and management for transfer to the	26014
auxiliary services mobile unit replacement and repair	26015
reimbursement fund. If the director of job and family services and	26016
the superintendent disagree on such amount, the director of budget	26017
and management shall determine the amount to be transferred.	26018

(B) Moneys in the auxiliary services mobile unit replacement	26019
and repairreimbursement fund shall be used for the relocation or	26020
for the replacement and repair of mobile units used to provide the	26021
services specified in division (E), (F), (G), or (I) of section	26022
3317.06 of the Revised Code. The state board of education shall	26023
adopt guidelines and procedures for replacement, repair, and	26024
relocation of mobile units and the procedures under which a school	26025
district may apply to receive moneys with which to repair or	26026
replace or relocate such units.	26027

(C) School districts may apply to the department for moneys	26028
from the auxiliary services mobile unit replacement and repair	26029
reimbursement fund for payment of incentives for early retirement	26030
and severance for school district personnel assigned to provide	26031
services authorized by section 3317.06 of the Revised Code at	26032
chartered nonpublic schools. The portion of the cost of any early	26033
retirement or severance incentive for any employee that is paid	26034
using money from the auxiliary services mobile unit replacement	26035
and repairreimbursement fund shall not exceed the percentage of	26036
such employee's total service credit that the employee spent	26037
providing services to chartered nonpublic school students under	26038
section 3317.06 of the Revised Code.	26039

Sec. 3317.07.  The state board of education shall establish	26040
rules for the purpose of distributing subsidies for the purchase	26041
of school buses under division (E) of section 3317.024 of the	26042
Revised Code.	26043

No school bus subsidy payments shall be paid to any district	26044
unless such district can demonstrate that pupils residing more	26045
than one mile from the school could not be transported without	26046
such additional aid.	26047

The amount paid to a county MR/DD board for buses purchased	26048
for transportation of children in special education programs	26049
operated by the board shall be one hundred per cent of the board's	26050
net cost.	26051

The amount paid to a school district for buses purchased for	26052
transportation of handicapped and nonpublic school pupils shall be	26053
one hundred per cent of the school district's net cost.	26054

The state board of education shall adopt a formula to	26055
determine the amount of payments that shall be distributed to	26056
school districts to purchase school buses for pupils other than	26057
handicapped or nonpublic school pupils.	26058

If any district or MR/DD board obtains bus services for pupil	26059
transportation pursuant to a contract, such district or board may	26060
use payments received under this section to defray the costs of	26061
contracting for bus services in lieu of for purchasing buses.	26062

If the department of education determines that a county MR/DD	26063
board no longer needs a school bus because the board no longer	26064
transports children to a special education program operated by the	26065
board, or if the department determines that a school district no	26066
longer needs a school bus to transport pupils to a nonpublic	26067
school or special education program, the department may reassign a	26068
bus that was funded with payments provided pursuant to this	26069
section for the purpose of transporting such pupils. The	26070
department may reassign a bus to a county MR/DD board or school	26071
district that transports children to a special education program	26072
designated in the children's individualized education plans, or to	26073
a school district that transports pupils to a nonpublic school,	26074
and needs an additional school bus.	26075

Sec. 3317.09.  All moneys distributed to a school district,	26076
including any cooperative education or joint vocational school	26077
district and all moneys distributed to any educational service	26078
center, by the state whether from a state or federal source, shall	26079
be accounted for by the division of school finance of the	26080
department of education. All moneys distributed shall be coded as	26081
to county, school district or educational service center, source,	26082
and other pertinent information, and at the end of each month, a	26083
report of such distribution shall be made by such division of	26084
school finance to the clerk of the senate and the chief	26085
administrative officer of the house of representatives, to the	26086
Ohio legislative service commission to be available for	26087
examination by any member of either house, to each school district	26088
and educational service center, and to the governor.	26089

On or before the first day of September in each year, a copy	26090
of the annual statistical report required in sectionssection	26091
3319.33 and 3319.34 of the Revised Code shall be filed by the	26092
state board of education with the clerk of the senate and the	26093
chief administrative officer of the house of representatives, the	26094
Ohio legislative service commission, the governor, and the auditor	26095
of state. The report shall contain an analysis for the prior	26096
fiscal year on an accrual basis of revenue receipts from all	26097
sources and expenditures for all purposes for each school district	26098
and each educational service center, including each joint	26099
vocational and cooperative education school district, in the	26100
state. If any board of education or any educational service center	26101
governing board fails to make the report required in sections	26102
section 3319.33 and 3319.34 of the Revised Code, the	26103
superintendent of public instruction shall be without authority to	26104
distribute funds to that school district or educational service	26105
center pursuant to sections 3317.022 to 3317.0212, 3317.11,	26106
3317.16, 3317.17, or 3317.19 of the Revised Code until such time	26107
as the required reports are filed with all specified officers,	26108
boards, or agencies.	26109

Sec. 3317.10.  (A) On or before the first day of March of	26110
each year, the department of job and family services shall certify	26111
to the state board of education the unduplicated number of	26112
children ages five through seventeen residing in each school	26113
district and living in a family that, during the preceding	26114
October, had family income not exceeding the federal poverty	26115
guidelines as defined in section 5101.46 of the Revised Code and	26116
participated in one of the following:	26117

(1) Ohio works first;

26118

(2) The food stamp program;

26119

(3) The medical assistance program, including the healthy	26120
start program, established under Chapter 5111. of the Revised	26121
Code;	26122

(4) The children's health insurance program part I	26123
established under section 5101.50 of the Revised Code;	26124

(5) The disability financial assistance program established	26125
under Chapter 5115. of the Revised Code;	26126

(6) The disability medical assistance program established	26127
under Chapter 5115. of the Revised Code.	26128

The department of job and family services shall certify this	26129
information according to the school district of residence for each	26130
child. Except as provided under division (B) of this section, the	26131
number of children so certified in any year shall be used by the	26132
department of education in calculating the distribution of moneys	26133
for the ensuing fiscal year as provided in section 3317.029 of the	26134
Revised Code.	26135

(B) Upon the transfer of part of the territory of one school	26136
district to the territory of one or more other school districts,	26137
the department of education may adjust the number of children	26138
certified under division (A) of this section for any district	26139
gaining or losing territory in such a transfer in order to take	26140
into account the effect of the transfer on the number of such	26141
children who reside in the district. Within sixty days of receipt	26142
of a request for information from the department of education, the	26143
department of job and family services shall provide any	26144
information the department of education determines is necessary to	26145
make such adjustments. The department of education may use the	26146
adjusted number for any district for the applicable fiscal year,	26147
in lieu of the number certified for the district for that fiscal	26148
year under division (A) of this section, in the calculation of the	26149
distribution of moneys provided in section 3317.029 of the Revised	26150
Code.	26151

Sec. 3317.11.  (A) As used in this section:

26152

(1) "Client school district" means a city or exempted village	26153
school district that has entered into an agreement under section	26154
3313.843 of the Revised Code to receive any services from an	26155
educational service center.	26156

(2) "Service center ADM" means the sum of the total student	26157
counts of all local school districts within an educational service	26158
center's territory and all of the service center's client school	26159
districts.	26160

(3) "Total student count" has the same meaning as in section	26161
3301.011 of the Revised Code.	26162

(B)(1) The governing board of each educational service center	26163
shall provide supervisory services to each local school district	26164
within the service center's territory. Each city or exempted	26165
village school district that enters into an agreement under	26166
section 3313.843 of the Revised Code for a governing board to	26167
provide any services also is considered to be provided supervisory	26168
services by the governing board. Except as provided in division	26169
(B)(2) of this section, the supervisory services shall not exceed	26170
one supervisory teacher for the first fifty classroom teachers	26171
required to be employed in the districts, as calculated under	26172
section 3317.023 of the Revised Code, and one for each additional	26173
one hundred required classroom teachers, as so calculated.	26174

The supervisory services shall be financed annually through	26175
supervisory units. Except as provided in division (B)(2) of this	26176
section, the number of supervisory units assigned to each district	26177
shall not exceed one unit for the first fifty classroom teachers	26178
required to be employed in the district, as calculated under	26179
section 3317.023 of the Revised Code, and one for each additional	26180
one hundred required classroom teachers, as so calculated. The	26181
cost of each supervisory unit shall be the sum of:	26182

(a) The minimum salary prescribed by section 3317.13 of the	26183
Revised Code for the licensed supervisory employee of the	26184
governing board;	26185

(b) An amount equal to fifteen per cent of the salary	26186
prescribed by section 3317.13 of the Revised Code;	26187

(c) An allowance for necessary travel expenses, limited to	26188
the lesser of two hundred twenty-three dollars and sixteen cents	26189
per month or two thousand six hundred seventy-eight dollars per	26190
year.	26191

(2) If a majority of the boards of education, or	26192
superintendents acting on behalf of the boards, of the local and	26193
client school districts receiving services from the educational	26194
service center agree to receive additional supervisory services	26195
and to pay the cost of a corresponding number of supervisory units	26196
in excess of the services and units specified in division (B)(1)	26197
of this section, the service center shall provide the additional	26198
services as agreed to by the majority of districts to, and the	26199
department of education shall apportion the cost of the	26200
corresponding number of additional supervisory units pursuant to	26201
division (B)(3) of this section among, all of the service center's	26202
local and client school districts.	26203

(3) The department shall apportion the total cost for all	26204
supervisory units among the service center's local and client	26205
school districts based on each district's total student count. The	26206
department shall deduct each district's apportioned share pursuant	26207
to division (E) of section 3317.023 of the Revised Code and pay	26208
the apportioned share to the service center.	26209

(C) The department annually shall deduct from each local and	26210
client school district of each educational service center,	26211
pursuant to division (E) of section 3317.023 of the Revised Code,	26212
and pay to the service center an amount equal to six dollars and	26213
fifty cents times the school district's total student count. The	26214
board of education, or the superintendent acting on behalf of the	26215
board, of any local or client school district may agree to pay an	26216
amount in excess of six dollars and fifty cents per student in	26217
total student count. If a majority of the boards of education, or	26218
superintendents acting on behalf of the boards, of the local	26219
school districts within a service center's territory approve an	26220
amount in excess of six dollars and fifty cents per student in	26221
total student count, the department shall deduct the approved	26222
excess per student amount from all of the local school districts	26223
within the service center's territory and pay the excess amount to	26224
the service center.	26225

(D) The department shall pay each educational service center	26226
the amounts due to it from school districts pursuant to contracts,	26227
compacts, or agreements under which the service center furnishes	26228
services to the districts or their students. In order to receive	26229
payment under this division, an educational service center shall	26230
furnish either a copy of the contract, compact, or agreement	26231
clearly indicating the amounts of the payments, or a written	26232
statement that clearly indicates the payments owed and is signed	26233
by the superintendent or treasurer of the responsible school	26234
district. The amounts paid to service centers under this division	26235
shall be deducted from payments to school districts pursuant to	26236
division (K)(3) of section 3317.023 of the Revised Code.	26237

(E) Each school district's deduction under this section and	26238
divisions (E) and (K)(3) of section 3317.023 of the Revised Code	26239
shall be made from the total payment computed for the district	26240
under this chapter, after making any other adjustments in that	26241
payment required by law.	26242

(F)(1) Except as provided in division (F)(2) of this section,	26243
the department annually shall pay the governing board of each	26244
educational service center state funds equal to thirty-seven	26245
dollars times its service center ADM.	26246

(2) The department annually shall pay state funds equal to	26247
forty dollars and fifty-two cents times the service center ADM to	26248
each educational service center comprising territory that was	26249
included in the territory of at least three former service centers	26250
or county school districts, which former centers or districts	26251
engaged in one or more mergers under section 3311.053 of the	26252
Revised Code to form the present center.	26253

(G) Each city, exempted village, local, joint vocational, or	26254
cooperative education school district shall pay to the governing	26255
board of an educational service center any amounts agreed to for	26256
each child enrolled in the district who receives special education	26257
and related services or career-technical education from the	26258
educational service center, unless these educational services are	26259
provided pursuant to a contract, compact, or agreement for which	26260
the department deducts and transfers payments under division (D)	26261
of this section and division (K)(3) of section 3317.023 of the	26262
Revised Code.	26263

(H) An educational service center:

26264

(1) May provide special education and career-technical	26265
education to students in its local or client school districts;	26266

(2) Is eligible for transportation funding under division (J)	26267
of section 3317.024 of the Revised Code and for state subsidies	26268
for the purchase of school buses under section 3317.07 of the	26269
Revised Code;	26270

(3) May apply for and receive gifted education units and	26271
provide gifted education services to students in its local or	26272
client school districts;	26273

(4) May conduct driver education for high school students in	26274
accordance with Chapter 4508. of the Revised Code.	26275

Sec. 3317.15.  (A) As used in this section, "handicapped	26276
child" has the same meaning as in section 3323.01 of the Revised	26277
Code.	26278

(B) Each city, exempted village, local, and joint vocational	26279
school district shall continue to comply with all requirements of	26280
federal statutes and regulations, the Revised Code, and rules	26281
adopted by the state board of education governing education of	26282
handicapped children, including, but not limited to, requirements	26283
that handicapped children be served by appropriately licensed or	26284
certificated education personnel.	26285

(C) Each city, exempted village, local, and joint vocational	26286
school district shall consult with the educational service center	26287
serving the county in which the school district is located and, if	26288
it elects to participate pursuant to section 5126.04 of the	26289
Revised Code, the county MR/DD board of that county, in providing	26290
services that serve the best interests of handicapped children.	26291

(D) Each school district shall annually provide documentation	26292
to the department of education that it employs the appropriate	26293
number of licensed or certificated personnel to serve the	26294
district's handicapped students.	26295

(E) The department annually shall audit a sample of school	26296
districts to ensure that handicapped children are being	26297
appropriately reported.	26298

(F) Each school district shall provide speech-language	26299
pathology services at a ratio of one speech-language pathologist	26300
per two thousand students receiving any educational services from	26301
the district other than adult education. A speech-language	26302
pathologist employed on a full-time equivalent basis shall provide	26303
services to no more than fifty-five school-age handicapped	26304
children at any one time. Each district shall provide school	26305
psychological services at a ratio of one school psychologist per	26306
two thousand five hundred students receiving any educational	26307
services from the district other than adult education. A district	26308
may obtain the services of speech-language pathologists and school	26309
psychologists by any means permitted by law, including contracting	26310
with an educational service center. If, however, a district is	26311
unable to obtain the services of the required number of	26312
speech-language pathologists or school psychologists, the district	26313
may request from the superintendent of public instruction, and the	26314
superintendent may grant, a waiver of this provision for a period	26315
of time established by the superintendent.	26316

Sec. 3317.16.  (A) As used in this section:

26317

(1) "State share percentage" means the percentage calculated	26318
for a joint vocational school district as follows:	26319

(a) Calculate the state base cost funding amount for the	26320
district under division (B) of this section. If the district would	26321
not receive any base cost funding for that year under that	26322
division, the district's state share percentage is zero.	26323

(b) If the district would receive base cost funding under	26324
that division, divide that base cost amount by an amount equal to	26325
the following:	26326

cost-of-doing-business factor X

26327

the formula amount X

26328

the greater of formula ADM or

26329

three-year average formula ADM

26330

The resultant number is the district's state share	26331
percentage.	26332

(2) The "total special education weight" for a joint	26333
vocational school district shall be calculated in the same manner	26334
as prescribed in division (B)(1) of section 3317.022 of the	26335
Revised Code.	26336

(3) The "total vocational education weight" for a joint	26337
vocational school district shall be calculated in the same manner	26338
as prescribed in division (B)(4) of section 3317.022 of the	26339
Revised Code.	26340

(4) The "total recognized valuation" of a joint vocational	26341
school district shall be determined by adding the recognized	26342
valuations of all its constituent school districts for the	26343
applicable fiscal year.	26344

(5) "Resident district" means the city, local, or exempted	26345
village school district in which a student is entitled to attend	26346
school under section 3313.64 or 3313.65 of the Revised Code.	26347

(6) "Community school" means a community school established	26348
under Chapter 3314. of the Revised Code.	26349

(B) The department of education shall compute and distribute	26350
state base cost funding to each joint vocational school district	26351
for the fiscal year in accordance with the following formula:	26352

(cost-of-doing-business factor X

26353

formula amount X the greater of formula

26354

ADM or three-year average formula ADM) -

26355

(.0005 X total recognized valuation)

26356

If the difference obtained under this division is a negative	26357
number, the district's computation shall be zero.	26358

(C)(1) The department shall compute and distribute state	26359
vocational education additional weighted costs funds to each joint	26360
vocational school district in accordance with the following	26361
formula:	26362

state share percentage X formula amount X

26363

total vocational education weight

26364

In each fiscal year, a joint vocational school district	26365
receiving funds under division (C)(1) of this section shall spend	26366
those funds only for the purposes the department designates as	26367
approved for vocational education expenses. Vocational educational	26368
expenses approved by the department shall include only expenses	26369
connected to the delivery of career-technical programming to	26370
career-technical students. The department shall require the joint	26371
vocational school district to report data annually so that the	26372
department may monitor the district's compliance with the	26373
requirements regarding the manner in which funding received under	26374
division (C)(1) of this section may be spent.	26375

(2) The department shall compute for each joint vocational	26376
school district state funds for vocational education associated	26377
services costs in accordance with the following formula:	26378

state share percentage X .05 X

26379

the formula amount X the sum of

26380

categories one and two vocational

26381

education ADM

26382

In any fiscal year, a joint vocational school district	26383
receiving funds under division (C)(2) of this section, or through	26384
a transfer of funds pursuant to division (L) of section 3317.023	26385
of the Revised Code, shall spend those funds only for the purposes	26386
that the department designates as approved for vocational	26387
education associated services expenses, which may include such	26388
purposes as apprenticeship coordinators, coordinators for other	26389
vocational education services, vocational evaluation, and other	26390
purposes designated by the department. The department may deny	26391
payment under division (C)(2) of this section to any district that	26392
the department determines is not operating those services or is	26393
using funds paid under division (C)(2) of this section, or through	26394
a transfer of funds pursuant to division (L) of section 3317.023	26395
of the Revised Code, for other purposes.	26396

(D)(1) The department shall compute and distribute state	26397
special education and related services additional weighted costs	26398
funds to each joint vocational school district in accordance with	26399
the following formula:	26400

state share percentage X formula amount X	26401

total special education weight

26402

(2)(a) As used in this division, the "personnel allowance"	26403
means thirty thousand dollars in fiscal years 2002 and, 2003,	26404
2004, and 2005.	26405

(b) For the provision of speech services to students,	26406
including students who do not have individualized education	26407
programs prepared for them under Chapter 3323. of the Revised	26408
Code, and for no other purpose, the department shall pay each	26409
joint vocational school district an amount calculated under the	26410
following formula:	26411

(formula ADM divided by 2000) X the personnel

26412

allowance X state share percentage

26413

(3) In any fiscal year, a joint vocational school district	26414
shall spend for purposes that the department designates as	26415
approved for special education and related services expenses at	26416
least the amount calculated as follows:	26417

(cost-of-doing-business factor X formula amount

26418

X the sum of categories one through

26419

six special education ADM) +

26420

(total special education weight X

26421

formula amount)

26422

The purposes approved by the department for special education	26423
expenses shall include, but shall not be limited to, compliance	26424
with state rules governing the education of handicapped children,	26425
providing services identified in a student's individualized	26426
education program as defined in section 3323.01 of the Revised	26427
Code, and the portion of the district's overall administrative and	26428
overhead costs that are attributable to the district's special	26429
education student population.	26430

The department shall require joint vocational school	26431
districts to report data annually to allow for monitoring	26432
compliance with division (D)(3) of this section. The department	26433
shall annually report to the governor and the general assembly the	26434
amount of money spent by each joint vocational school district for	26435
special education and related services.	26436

(E)(2)(1) If a joint vocational school district's costs for a	26437
fiscal year for a student in its categories onetwo through six	26438
special education ADM exceed the threshold catastrophic cost for	26439
serving the student, as specified in division (C)(3)(b) of section	26440
3317.022 of the Revised Code, the district may submit to the	26441
superintendent of public instruction documentation, as prescribed	26442
by the superintendent, of all of its costs for that student. Upon	26443
submission of documentation for a student of the type and in the	26444
manner prescribed, the department shall pay to the district an	26445
amount equal to the sum of the following:	26446

(a) One-half of the district's costs for the student in	26447
excess of the threshold catastrophic cost;	26448

(b) The product of one-half of the district's costs for the	26449
student in excess of the threshold catastrophic cost multiplied by	26450
the district's state share percentage.	26451

(2) The district shall only report under division (E)(1) of	26452
this section, and the department shall only pay for, the costs of	26453
educational expenses and the related services provided to the	26454
student in accordance with the student's individualized education	26455
program. Any legal fees, court costs, or other costs associated	26456
with any cause of action relating to the student may not be	26457
included in the amount.	26458

(F) Each fiscal year, the department shall pay each joint	26459
vocational school district an amount for adult technical and	26460
vocational education and specialized consultants.	26461

(G)(1) A joint vocational school district's local share of	26462
special education and related services additional weighted costs	26463
equals:	26464

(1 - state share percentage) X	26465

Total special education weight X

26466

the formula amount

26467

(2) For each handicapped student receiving special education	26468
and related services under an individualized education program, as	26469
defined in section 3323.01 of the Revised Code, at a joint	26470
vocational district, the resident district or, if the student is	26471
enrolled in a community school, the community school shall be	26472
responsible for the amount of any costs of providing those special	26473
education and related services to that student that exceed the sum	26474
of the amount calculated for those services attributable to that	26475
student under divisions (B), (D), (E), and (G)(1) of this section.	26476

Those excess costs shall be calculated by subtracting the sum	26477
of the following from the actual cost to provide special education	26478
and related services to the student:	26479

(a) The product of the formula amount times the	26480
cost-of-doing-business factor;	26481

(b) The product of the formula amount times the applicable	26482
multiple specified in section 3317.013 of the Revised Code;	26483

(c) Any funds paid under division (E) of this section for the	26484
student;	26485

(d) Any other funds received by the joint vocational school	26486
district under this chapter to provide special education and	26487
related services to the student, not including the amount	26488
calculated under division (G)(2) of this section.	26489

(3) The board of education of the joint vocational school	26490
district shall report the excess costs calculated under division	26491
(G)(2) of this section to the department of education.	26492

(4) The department shall pay the amount of excess cost	26493
calculated under division (G)(2) of this section to the joint	26494
vocational school district and shall deduct that amount as	26495
provided in division (G)(4)(a) or (b) of this section, as	26496
applicable:	26497

(a) If the student is not enrolled in a community school, the	26498
department shall deduct the amount from the account of the	26499
student's resident district pursuant to division (M) of section	26500
3317.023 of the Revised Code.	26501

(b) If the student is enrolled in a community school, the	26502
department shall deduct the amount from the account of the	26503
community school pursuant to section 3314.083 of the Revised Code.	26504

(H) In any fiscal year, if the total of all payments made to	26505
a joint vocational school district under divisions (B) to (D) of	26506
this section and division (R) of section 3317.024 of the Revised	26507
Code is less than the amount that district received in fiscal year	26508
1999 under the version of this section in effect that year, plus	26509
the amount that district received under the version of section	26510
3317.162 of the Revised Code in effect that year and minus the	26511
amounts received that year for driver education and adult	26512
education, the department shall pay the district an additional	26513
amount equal to the difference between those two amounts.	26514

Sec. 3318.01.  As used in sections 3318.01 to 3318.20 of the	26515
Revised Code:	26516

(A) "Ohio school facilities commission" means the commission	26517
created pursuant to section 3318.30 of the Revised Code.	26518

(B) "Classroom facilities" means rooms in which pupils	26519
regularly assemble in public school buildings to receive	26520
instruction and education and such facilities and building	26521
improvements for the operation and use of such rooms as may be	26522
needed in order to provide a complete educational program, and may	26523
include space within which a child day-care facility or a	26524
community resource center is housed. "Classroom facilities"	26525
includes any space necessary for the operation of a vocational	26526
education program for secondary students in any school district	26527
that operates such a program.	26528

(C) "Project" means a project to construct or acquire	26529
classroom facilities, or to reconstruct or make additions to	26530
existing classroom facilities, to be used for housing the	26531
applicable school district and its functions.	26532

(D) "School district" means a local, exempted village, or	26533
city school district as such districts are defined in Chapter	26534
3311. of the Revised Code, acting as an agency of state	26535
government, performing essential governmental functions of state	26536
government pursuant to sections 3318.01 and 3318.20 of the Revised	26537
Code.	26538

For purposes of assistance provided under sections 3318.40 to	26539
3318.45 of the Revised Code, the term "school district" as used in	26540
this section and in divisions (A), (C), and (D) of section 3318.03	26541
and in sections 3318.031, 3318.033, 3318.042, 3318.07, 3318.08,	26542
3318.083, 3318.084, 3318.085, 3318.086, 3318.10, 3318.11, 3318.12,	26543
3318.13, 3318.14, 3318.15, 3318.16, 3318.19, and 3318.20 of the	26544
Revised Code means a joint vocational school district established	26545
pursuant to section 3311.18 of the Revised Code.	26546

(E) "School district board" means the board of education of a	26547
school district.	26548

(F) "Net bonded indebtedness" means the difference between	26549
the sum of the par value of all outstanding and unpaid bonds and	26550
notes which a school district board is obligated to pay, any	26551
amounts the school district is obligated to pay under	26552
lease-purchase agreements entered into under section 3313.375 of	26553
the Revised Code, and the par value of bonds authorized by the	26554
electors but not yet issued, the proceeds of which can lawfully be	26555
used for the project, and the amount held in the sinking fund and	26556
other indebtedness retirement funds for their redemption. Notes	26557
issued for school buses in accordance with section 3327.08 of the	26558
Revised Code, notes issued in anticipation of the collection of	26559
current revenues, and bonds issued to pay final judgments shall	26560
not be considered in calculating the net bonded indebtedness.	26561

"Net bonded indebtedness" does not include indebtedness	26562
arising from the acquisition of land to provide a site for	26563
classroom facilities constructed, acquired, or added to pursuant	26564
to sections 3318.01 to 3318.20 of the Revised Code.	26565

(G) "Board of elections" means the board of elections of the	26566
county containing the most populous portion of the school	26567
district.	26568

(H) "County auditor" means the auditor of the county in which	26569
the greatest value of taxable property of such school district is	26570
located.	26571

(I) "Tax duplicates" means the general tax lists and	26572
duplicates prescribed by sections 319.28 and 319.29 of the Revised	26573
Code.	26574

(J) "Required level of indebtedness" means:

26575

(1) In the case of districts in the first percentile, five	26576
per cent of the district's valuation for the year preceding the	26577
year in which the controlling board approved the project under	26578
section 3318.04 of the Revised Code.	26579

(2) In the case of districts ranked in a subsequent	26580
percentile, five per cent of the district's valuation for the year	26581
preceding the year in which the controlling board approved the	26582
project under section 3318.04 of the Revised Code, plus [two	26583
one-hundredths of one per cent multiplied by (the percentile in	26584
which the district ranks for the fiscal year preceding the fiscal	26585
year in which the controlling board approved the district's	26586
project minus one)].	26587

(K) "Required percentage of the basic project costs" means	26588
one per cent of the basic project costs times the percentile in	26589
which the district ranks for the fiscal year preceding the fiscal	26590
year in which the controlling board approved the district's	26591
project.	26592

(L) "Basic project cost" means a cost amount determined in	26593
accordance with rules adopted under section 111.15 of the Revised	26594
Code by the Ohio school facilities commission. The basic project	26595
cost calculation shall take into consideration the square footage	26596
and cost per square foot necessary for the grade levels to be	26597
housed in the classroom facilities, the variation across the state	26598
in construction and related costs, the cost of the installation of	26599
site utilities and site preparation, the cost of demolition of all	26600
or part of any existing classroom facilities that are abandoned	26601
under the project, the cost of insuring the project until it is	26602
completed, any contingency reserve amount prescribed by the	26603
commission under section 3318.086 of the Revised Code, and the	26604
professional planning, administration, and design fees that a	26605
district may have to pay to undertake a classroom facilities	26606
project.	26607

For a joint vocational school district that receives	26608
assistance under sections 3318.40 to 3318.45 of the Revised Code,	26609
the basic project cost calculation for a project under those	26610
sections shall also take into account the types of laboratory	26611
spaces and program square footages needed for the vocational	26612
education programs for high school students offered by the school	26613
district.	26614

"Basic project cost" also includes the value of classroom	26615
facilities authorized in a pre-existing bond issue as described in	26616
section 3318.033 of the Revised Code.	26617

(M)(1) Except for a joint vocational school district that	26618
receives assistance under sections 3318.40 to 3318.45 of the	26619
Revised Code, a "school district's portion of the basic project	26620
cost" means the amount determined under section 3318.032 of the	26621
Revised Code.	26622

(2) For a joint vocational school district that receives	26623
assistance under sections 3318.40 to 3318.45 of the Revised Code,	26624
a "school district's portion of the basic project cost" means the	26625
amount determined under division (C) of section 3318.42 of the	26626
Revised Code.	26627

(N) "Child day-care facility" means space within a classroom	26628
facility in which the needs of infants, toddlers, preschool	26629
children, and school children are provided for by persons other	26630
than the parent or guardian of such children for any part of the	26631
day, including persons not employed by the school district	26632
operating such classroom facility.	26633

(O) "Community resource center" means space within a	26634
classroom facility in which comprehensive services that support	26635
the needs of families and children are provided by community-based	26636
social service providers.	26637

(P) "Valuation" means the total value of all property in the	26638
district as listed and assessed for taxation on the tax	26639
duplicates.	26640

(Q) "Percentile" means the percentile in which the district	26641
is ranked pursuant to division (D) of section 3318.011 of the	26642
Revised Code.	26643

(R) "Installation of site utilities" means the installation	26644
of a site domestic water system, site fire protection system, site	26645
gas distribution system, site sanitary system, site storm drainage	26646
system, and site telephone and data system.	26647

(S) "Site preparation" means the earthwork necessary for	26648
preparation of the building foundation system, the paved	26649
pedestrian and vehicular circulation system, playgrounds on the	26650
project site, and lawn and planting on the project site.	26651

Sec. 3318.024.  In the first year of a capital biennium, any	26652
funds appropriated to the Ohio school facilities commission for	26653
classroom facilities projects under this chapter in the previous	26654
capital biennium that were not spent or encumbered, or for which	26655
an encumbrance has been canceled under section 3318.05 of the	26656
Revised Code, shall be used by the commission only for projects	26657
under sections 3318.01 to 3318.20 of the Revised Code, subject to	26658
appropriation by the general assembly.	26659

In the second year of a capital biennium, any funds	26660
appropriated to the Ohio school facilities commission for	26661
classroom facilities projects under this chapter that were not	26662
spent or encumbered in the first year of the biennium and which	26663
are in excess of an amount equal to half of the appropriations for	26664
the capital biennium, or for which an encumbrance has been	26665
canceled under section 3318.05 of the Revised Code, shall be used	26666
by the commission only for projects under sections 3318.01 to	26667
3318.20 of the Revised Code, subject to appropriation by the	26668
general assembly.	26669

Sec. 3318.03. (A) Before conducting an on-site evaluation of	26670
a school district under section 3318.02 of the Revised Code, at	26671
the request of the district board of education, the Ohio school	26672
facilities commission shall examine any classroom facilities needs	26673
assessment that has been conducted by the district and any master	26674
plan developed for meeting the facility needs of the district.	26675

(B) Upon conducting the on-site evaluation under section	26676
3318.02 of the Revised Code, the Ohio school facilities commission	26677
shall make a determination of all of the following:	26678

(1) The needs of the school district for additional classroom	26679
facilities;	26680

(2) The number of classroom facilities to be included in a	26681
project, including classroom facilities authorized by a bond issue	26682
described in section 3318.033 of the Revised Code, and the basic	26683
project cost of constructing, acquiring, reconstructing, or making	26684
additions to each such facility;	26685

(3) The amount of such cost that the school district can	26686
supply from available funds, by the issuance of bonds previously	26687
authorized by the electors of the school district the proceeds of	26688
which can lawfully be used for the project, including bonds	26689
authorized by the district's electors as described in section	26690
3318.033 of the Revised Code, and by the issuance of bonds under	26691
section 3318.05 of the Revised Code;	26692

(4) The remaining amount of such cost that shall be supplied	26693
by the state;	26694

(5) The amount of the state's portion to be encumbered in	26695
accordance with section 3318.11 of the Revised Code in the current	26696
and subsequent fiscal bienniums from funds appropriated for	26697
purposes of sections 3318.01 to 3318.20 of the Revised Code.	26698

(C) The commission shall make a determination in favor of	26699
constructing, acquiring, reconstructing, or making additions to a	26700
classroom facility only upon evidence that the proposed project	26701
conforms to sound educational practice, that it is in keeping with	26702
the orderly process of school district reorganization and	26703
consolidation, and that the actual or projected enrollment in each	26704
classroom facility proposed to be included in the project is at	26705
least three hundred fifty pupils. Exceptions shall be authorized	26706
only in those districts where topography, sparsity of population,	26707
and other factors make larger schools impracticable.	26708

If the school district board determines that an existing	26709
facility has historical value or for other good cause determines	26710
that an existing facility should be renovated in lieu of acquiring	26711
a comparable facility by new construction, the commission may	26712
approve the expenditure of project funds for the renovation of	26713
that facility up to but not exceeding one hundred per cent of the	26714
estimated cost of acquiring a comparable facility by new	26715
construction, as long as the commission determines that the	26716
facility when renovated can be operationally efficient, will be	26717
adequate for the future needs of the district, and will comply	26718
with the other provisions of this division.	26719

(D) Sections 125.81 and 153.04 of the Revised Code shall not	26720
apply to classroom facilities constructed under either sections	26721
3318.01 to 3318.20 or sections 3318.40 to 3318.45 of the Revised	26722
Code.	26723

Sec. 3318.042. (A) The board of education of any school	26724
district that is receiving assistance under sections 3318.01 to	26725
3318.20 of the Revised Code after May 20, 1997, or under sections	26726
3318.40 to 3318.45 of the Revised Code, and whose project is still	26727
under construction, may request that the Ohio school facilities	26728
commission examine whether the circumstances prescribed in either	26729
division (B)(1) or (2) of this section exist in the school	26730
district. If the commission so finds, the commission shall review	26731
the school district's original assessment and approved project and	26732
consider providing additional assistance to the school district to	26733
correct the prescribed conditions found to exist in the district.	26734
Additional assistance under this section shall be limited to	26735
additions to one or more buildings, remodeling of one or more	26736
buildings, or changes to the infrastructure of one or more	26737
buildings.	26738

(B) Consideration of additional assistance to a school	26739
district under this section is warranted in either of the	26740
following circumstances:	26741

(1) Additional work is needed to correct an oversight or	26742
deficiency not identified or included in the district's initial	26743
assessment.	26744

(2) Other conditions exist that, in the opinion of the	26745
commission, warrant additions or remodeling of the project	26746
facilities or changes to infrastructure associated with the	26747
district's project that were not identified in the initial	26748
assessment and plan.	26749

(C) If the commission decides in favor of providing	26750
additional assistance to any school district under this section,	26751
the school district shall be responsible for paying for its	26752
portion of the cost of the additions, remodeling, or	26753
infrastructure changes pursuant to section 3318.083 of the Revised	26754
Code. If, after making a financial evaluation of the school	26755
district, the commission determines that the school district is	26756
unable without undue hardship, according to the guidelines adopted	26757
by the commission, to fund the school district portion of the	26758
increase, then the state and the school district shall enter into	26759
an agreement whereby the state shall pay the portion of the cost	26760
increase attributable to the school district which is determined	26761
to be in excess of any local resources available to the district	26762
and the district shall thereafter reimburse the state. The	26763
commission shall establish the district's schedule for reimbursing	26764
the state, which shall not extend beyond fiveten years. The	26765
commission may lengthen the reimbursement schedule of a school	26766
district that has entered into an agreement under this section	26767
prior to the effective date of this amendment as long as the total	26768
term of that schedule does not extend beyond ten years. Debt	26769
incurred under this section shall not be included in the	26770
calculation of the net indebtedness of the school district under	26771
section 133.06 of the Revised Code.	26772

Sec. 3318.05.  The conditional approval of the Ohio school	26773
facilities commission for a project shall lapse and the amount	26774
reserved and encumbered for such project shall be released unless	26775
the school district board accepts such conditional approval within	26776
one hundred twenty days following the date of certification of the	26777
conditional approval to the school district board and the electors	26778
of the school district vote favorably on both of the propositions	26779
described in divisions (A) and (B) of this section within one year	26780
of the date of such certification, except that a school district	26781
described in division (C) of this section does not need to submit	26782
the proposition described in division (B) of this section. The	26783
propositions described in divisions (A) and (B) of this section	26784
shall be combined in a single proposal. If the district board or	26785
the district's electors fail to meet such requirements and the	26786
amount reserved and encumbered for the district's project is	26787
released, the district shall be given first priority for project	26788
funding as such funds become available.	26789

(A) On the question of issuing bonds of the school district	26790
board, for the school district's portion of the basic project	26791
cost, in an amount equal to the school district's portion of the	26792
basic project cost less any deduction made under section 3318.033	26793
of the Revised Code and less the amount of the proceeds of any	26794
securities authorized or to be authorized under division (J) of	26795
section 133.06 of the Revised Code and dedicated by the school	26796
district board to payment of the district's portion of the basic	26797
project cost; and	26798

(B) On the question of levying a tax the proceeds of which	26799
shall be used to pay the cost of maintaining the classroom	26800
facilities included in the project. Such tax shall be at the rate	26801
of not less than one-half mill for each dollar of valuation for a	26802
period of twenty-three years, subject to any extension approved	26803
under section 3318.061 of the Revised Code.	26804

(C) If a school district has in place a tax levied under	26805
section 5705.21 of the Revised Code for general ongoing permanent	26806
improvements of at least two mills for each dollar of valuation	26807
and the proceeds of such tax can be used for maintenance, the	26808
school district need not levy the additional tax required under	26809
division (B) of this section, provided the school district board	26810
includes in the agreement entered into under section 3318.08 of	26811
the Revised Code provisions earmarking an amount from the proceeds	26812
of that permanent improvement tax for maintenance of classroom	26813
facilities equivalent to the amount of the additional tax and for	26814
the equivalent number of years otherwise required under this	26815
section.	26816

(D) Proceeds of the tax to be used for maintenance of the	26817
classroom facilities under either division (B) or (C) of this	26818
section shall be deposited into a separate fund established by the	26819
school district for such purpose.	26820

Sec. 3318.052. At any time after the electors of a school	26821
district have approved either or both a property tax levied under	26822
section 5705.21 or 5705.218 of the Revised Code for the purpose of	26823
general ongoing permanent improvements or a school district income	26824
tax levied under Chapter 5748. of the Revised Code, the proceeds	26825
of which, pursuant to the ballot measures approved by the	26826
electors, are not so restricted that they cannot be used to pay	26827
the costs of a project or maintaining classroom facilities, the	26828
school district board may:	26829

(A) Within one year following the date of the certification	26830
of the conditional approval of the school district's classroom	26831
facilities project by the Ohio school facilities commission, enter	26832
into a written agreement with the commission, which may be part of	26833
an agreement entered into under section 3318.08 of the Revised	26834
Code, and in which the school district board covenants and agrees	26835
to do one or both of the following:	26836

(1) Apply a specified amount of available proceeds of that	26837
property tax levy, of that school district income tax, or of	26838
securities issued under this section, or of proceeds from any two	26839
or more of those sources, to pay all or part of the district's	26840
portion of the basic project cost of its classroom facilities	26841
project;	26842

(2) Apply available proceeds of either or both a property tax	26843
levied under section 5705.21 or 5705.218 of the Revised Code in	26844
effect for a continuing period of time, or of a school district	26845
income tax levied under Chapter 5748. of the Revised Code in	26846
effect for a continuing period of time to the payment of costs of	26847
maintaining the classroom facilities.	26848

(B) Receive, as a credit against the amount of bonds required	26849
under sections 3318.05 and 3318.06 of the Revised Code, to be	26850
approved by the electors of the district and issued by the	26851
district board for the district's portion of the basic project	26852
cost of its classroom facilities project in order for the district	26853
to receive state assistance for the project, an amount equal to	26854
the specified amount that the district board covenants and agrees	26855
with the commission to apply as set forth in division (A)(1) of	26856
this section;	26857

(C) Receive, as a credit against the amount of the tax levy	26858
required under sections 3318.05 and 3318.06 of the Revised Code,	26859
to be approved by the electors of the district to pay the costs of	26860
maintaining the classroom facilities in order to receive state	26861
assistance for the classroom facilities project, an amount	26862
equivalent to the specified amount of proceeds the school district	26863
board covenants and agrees with the commission to apply as	26864
referred to in division (A)(2) of this section;	26865

(D) Apply proceeds of either or both a school district income	26866
tax levied under Chapter 5748. of the Revised Code that may	26867
lawfully be used to pay the costs of a classroom facilities	26868
project or of a tax levied under section 5705.21 or 5705.218 of	26869
the Revised Code to the payment of debt charges on and financing	26870
costs related to securities issued under this section;	26871

(E) Issue securities to provide moneys to pay all or part of	26872
the district's portion of the basic project cost of its classroom	26873
facilities project in accordance with an agreement entered into	26874
under division (A) of this section. Securities issued under this	26875
section shall be Chapter 133. securities and may be issued as	26876
general obligation securities or issued in anticipation of a	26877
school district income tax or as property tax anticipation notes	26878
under section 133.24 of the Revised Code. The district board's	26879
resolution authorizing the issuance and sale of general obligation	26880
securities under this section shall conform to the applicable	26881
requirements of section 133.22 or 133.23 of the Revised Code.	26882
Securities issued under this section shall have principal payments	26883
during each year after the year of issuance over a period of not	26884
more than twenty-three years and, if so determined by the district	26885
board, during the year of issuance. Securities issued under this	26886
section shall not be included in the calculation of net	26887
indebtedness of the district under section 133.06 of the Revised	26888
Code, if the resolution of the district board authorizing their	26889
issuance and sale includes covenants to appropriate annually from	26890
lawfully available proceeds of a property tax levied under section	26891
5705.21 or 5705.218 of the Revised Code and no school district	26892
income tax levied under Chapter 5748. of the Revised Code and to	26893
continue to levy and collect the tax in amounts necessary to pay	26894
the debt charges on and financing costs related to the securities	26895
as they become due. No property tax levied under section 5705.21	26896
or 5705.218 of the Revised Code or of a school district income tax	26897
levied under Chapter 5748. of the Revised Code that is pledged, or	26898
that the school district board has covenanted to levy, collect,	26899
and appropriate annually, to pay the debt charges on and financing	26900
costs related to securities issued under this section shall be	26901
repealed while those securities are outstanding. If such a tax is	26902
reduced by the electors of the district or by the district board	26903
while those securities are outstanding, the school district board	26904
shall continue to levy and collect the tax under the authority of	26905
the original election authorizing the tax at a rate in each year	26906
that the board reasonably estimates will produce an amount in that	26907
year equal to the debt charges on the securities in that year.	26908

No state moneys shall be released for a project to which this	26909
section applies until the proceeds of the tax securities issued	26910
under this section that are dedicated for the payment of the	26911
district portion of the basic project cost of its classroom	26912
facilities project are first deposited into the district's project	26913
construction fund.	26914

Sec. 3318.06. (A) After receipt of the conditional approval	26915
of the Ohio school facilities commission, the school district	26916
board by a majority of all of its members shall, if it desires to	26917
proceed with the project, declare all of the following by	26918
resolution:	26919

(1) That by issuing bonds in an amount equal to the school	26920
district's portion of the basic project cost, including bonds	26921
previously authorized by the district's electors as described in	26922
section 3318.033 of the Revised Code, the district is unable to	26923
provide adequate classroom facilities without assistance from the	26924
state;	26925

(2) Unless the school district board has resolved to apply	26926
the proceeds of a property tax or the proceeds of an income tax,	26927
or a combination of proceeds from such taxes, as authorized under	26928
section 3318.052 of the Revised Code, that to qualify for such	26929
state assistance it is necessary to do either of the following:	26930

(a) Levy a tax outside the ten-mill limitation the proceeds	26931
of which shall be used to pay the cost of maintaining the	26932
classroom facilities included in the project;	26933

(b) Earmark for maintenance of classroom facilities from the	26934
proceeds of an existing permanent improvement tax levied under	26935
section 5705.21 of the Revised Code, if such tax is of at least	26936
two mills for each dollar of valuation and can be used for	26937
maintenance, an amount equivalent to the amount of the additional	26938
tax otherwise required under this section and sections 3318.05 and	26939
3318.08 of the Revised Code.	26940

(3) That the question of any tax levy specified in a	26941
resolution described in division (A)(2)(a) of this section, if	26942
required, shall be submitted to the electors of the school	26943
district at the next general or primary election, if there be a	26944
general or primary election not less than seventy-five and not	26945
more than ninety-five days after the day of the adoption of such	26946
resolution or, if not, at a special election to be held at a time	26947
specified in the resolution which shall be not less than	26948
seventy-five days after the day of the adoption of the resolution	26949
and which shall be in accordance with the requirements of section	26950
3501.01 of the Revised Code.	26951

Such resolution shall also state that the question of issuing	26952
bonds of the board shall be combined in a single proposal with the	26953
question of such tax levy. More than one election under this	26954
section may be held in any one calendar year. Such resolution	26955
shall specify both of the following:	26956

(a) That the rate which it is necessary to levy shall be at	26957
the rate of not less than one-half mill for each one dollar of	26958
valuation, and that such tax shall be levied for a period of	26959
twenty-three years;	26960

(b) That the proceeds of the tax shall be used to pay the	26961
cost of maintaining the classroom facilities included in the	26962
project.	26963

(B) A copy of a resolution adopted under division (A) of this	26964
section shall after its passage and not less than seventy-five	26965
days prior to the date set therein for the election be certified	26966
to the county board of elections.	26967

The resolution of the school district board, in addition to	26968
meeting other applicable requirements of section 133.18 of the	26969
Revised Code, shall state that the amount of bonds to be issued	26970
will be an amount equal to the school district's portion of the	26971
basic project cost, and state the maximum maturity of the bonds	26972
which may be any number of years not exceeding the term calculated	26973
under section 133.20 of the Revised Code as determined by the	26974
board. In estimating the amount of bonds to be issued, the board	26975
shall take into consideration the amount of moneys then in the	26976
bond retirement fund and the amount of moneys to be collected for	26977
and disbursed from the bond retirement fund during the remainder	26978
of the year in which the resolution of necessity is adopted.	26979

If the bonds are to be issued in more than one series, the	26980
resolution may state, in addition to the information required to	26981
be stated under division (B)(3) of section 133.18 of the Revised	26982
Code, the number of series, which shall not exceed five, the	26983
principal amount of each series, and the approximate date each	26984
series will be issued, and may provide that no series, or any	26985
portion thereof, may be issued before such date. Upon such a	26986
resolution being certified to the county auditor as required by	26987
division (C) of section 133.18 of the Revised Code, the county	26988
auditor, in calculating, advising, and confirming the estimated	26989
average annual property tax levy under that division, shall also	26990
calculate, advise, and confirm by certification the estimated	26991
average property tax levy for each series of bonds to be issued.	26992

Notice of the election shall include the fact that the tax	26993
levy shall be at the rate of not less than one-half mill for each	26994
one dollar of valuation for a period of twenty-three years, and	26995
that the proceeds of the tax shall be used to pay the cost of	26996
maintaining the classroom facilities included in the project.	26997

If the bonds are to be issued in more than one series, the	26998
board of education, when filing copies of the resolution with the	26999
board of elections as required by division (D) of section 133.18	27000
of the Revised Code, may direct the board of elections to include	27001
in the notice of election the principal amount and approximate	27002
date of each series, the maximum number of years over which the	27003
principal of each series may be paid, the estimated additional	27004
average property tax levy for each series, and the first calendar	27005
year in which the tax is expected to be due for each series, in	27006
addition to the information required to be stated in the notice	27007
under division (E)(3)(a) to (e) of section 133.18 of the Revised	27008
Code.	27009

(C)(1) Except as otherwise provided in division (C)(2) of	27010
this section, the form of the ballot to be used at such election	27011
shall be:	27012

"A majority affirmative vote is necessary for passage.

27013

Shall bonds be issued by the ............ (here insert name	27014
of school district) school district to pay the local share of	27015
school construction under the State of Ohio Classroom Facilities	27016
Assistance Program in the principal amount of ............ (here	27017
insert principal amount of the bond issue), to be repaid annually	27018
over a maximum period of ............ (here insert the maximum	27019
number of years over which the principal of the bonds may be paid)	27020
years, and an annual levy of property taxes be made outside the	27021
ten-mill limitation, estimated by the county auditor to average	27022
over the repayment period of the bond issue ............ (here	27023
insert the number of mills estimated) mills for each one dollar of	27024
tax valuation, which amounts to ............ (rate expressed in	27025
cents or dollars and cents, such as "thirty-six cents" or "$0.36")	27026
for each one hundred dollars of tax valuation to pay the annual	27027
debt charges on the bonds and to pay debt charges on any notes	27028
issued in anticipation of the bonds?"	27029

and, unless the additional levy

27030

of taxes is not required pursuant

27031

to division (C) of section

27032

3318.05 of the Revised Code,

27033

"Shall an additional levy of taxes be made for a period of	27034
twenty-three years to benefit the ............ (here insert name	27035
of school district) school district, the proceeds of which shall	27036
be used to pay the cost of maintaining the classroom facilities	27037
included in the project at the rate of .......... (here insert the	27038
number of mills, which shall not be less than one-half mill) mills	27039
for each one dollar of valuation?	27040

27041

27044

(2) If authority is sought to issue bonds in more than one	27045
series and the board of education so elects, the form of the	27046
ballot shall be as prescribed in section 3318.062 of the Revised	27047
Code. If the board of education elects the form of the ballot	27048
prescribed in that section, it shall so state in the resolution	27049
adopted under this section.	27050

(D) If it is necessary for the school district to acquire a	27051
site for the classroom facilities to be acquired pursuant to	27052
sections 3318.01 to 3318.20 of the Revised Code, the district	27053
board may propose either to issue bonds of the board or to levy a	27054
tax to pay for the acquisition of such site, and may combine the	27055
question of doing so with the questions specified in division (B)	27056
of this section. Bonds issued under this division for the purpose	27057
of acquiring a site are a general obligation of the school	27058
district and are Chapter 133. securities.	27059

The form of that portion of the ballot to include the	27060
question of either issuing bonds or levying a tax for site	27061
acquisition purposes shall be one of the following:	27062

(1) "Shall bonds be issued by the ............ (here insert	27063
name of the school district) school district to pay costs of	27064
acquiring a site for classroom facilities under the State of Ohio	27065
Classroom Facilities Assistance Program in the principal amount of	27066
.......... (here insert principal amount of the bond issue), to be	27067
repaid annually over a maximum period of .......... (here insert	27068
maximum number of years over which the principal of the bonds may	27069
be paid) years, and an annual levy of property taxes be made	27070
outside the ten-mill limitation, estimated by the county auditor	27071
to average over the repayment period of the bond issue ..........	27072
(here insert number of mills) mills for each one dollar of tax	27073
valuation, which amount to .......... (here insert rate expressed	27074
in cents or dollars and cents, such as "thirty-six cents" or	27075
"$0.36") for each one hundred dollars of valuation to pay the	27076
annual debt charges on the bonds and to pay debt charges on any	27077
notes issued in anticipation of the bonds?"	27078

(2) "Shall an additional levy of taxes outside the ten-mill	27079
limitation be made for the benefit of the .......... (here insert	27080
name of the school district) .......... school district for the	27081
purpose of acquiring a site for classroom facilities in the sum of	27082
......... (here insert annual amount the levy is to produce)	27083
estimated by the county auditor to average ........ (here insert	27084
number of mills) mills for each one hundred dollars of valuation,	27085
for a period of ......... (here insert number of years the millage	27086
is to be imposed) years?"	27087

Where it is necessary to combine the question of issuing	27088
bonds of the school district and levying a tax as described in	27089
division (B) of this section with the question of issuing bonds of	27090
the school district for acquisition of a site, the question	27091
specified in that division to be voted on shall be "For the Bond	27092
Issues and the Tax Levy" and "Against the Bond Issues and the Tax	27093
Levy."	27094

Where it is necessary to combine the question of issuing	27095
bonds of the school district and levying a tax as described in	27096
division (B) of this section with the question of levying a tax	27097
for the acquisition of a site, the question specified in that	27098
division to be voted on shall be "For the Bond Issue and the Tax	27099
Levies" and "Against the Bond Issue and the Tax Levies."	27100

Where the school district board chooses to combine the	27101
question in division (B) of this section with any of the	27102
additional questions described in divisions (A) to (D) of section	27103
3318.056 of the Revised Code, the question specified in division	27104
(B) of this section to be voted on shall be "For the Bond Issues	27105
and the Tax Levies" and "Against the Bond Issues and the Tax	27106
Levies."	27107

If a majority of those voting upon a proposition hereunder	27108
which includes the question of issuing bonds vote in favor	27109
thereof, and if the agreement provided for by section 3318.08 of	27110
the Revised Code has been entered into, the school district board	27111
may proceed under Chapter 133. of the Revised Code, with the	27112
issuance of bonds or bond anticipation notes in accordance with	27113
the terms of the agreement.	27114

Sec. 3318.08.  Except in the case of a joint vocational	27115
school district that receives assistance under sections 3318.40 to	27116
3318.45 of the Revised Code, if the requisite favorable vote on	27117
the election is obtained, or if the school district board has	27118
resolved to apply the proceeds of a property tax levy or the	27119
proceeds of an income tax, or a combination of proceeds from such	27120
taxes, as authorized in section 3318.052 of the Revised Code, the	27121
Ohio school facilities commission, upon certification to it of	27122
either the results of the election or the resolution under section	27123
3318.052 of the Revised Code, shall enter into a written agreement	27124
with the school district board for the construction and sale of	27125
the project. In the case of a joint vocational school district	27126
that receives assistance under sections 3318.40 to 3318.45 of the	27127
Revised Code, if the school district board of education and the	27128
school district electors have satisfied the conditions prescribed	27129
in division (D)(1) of section 3318.41 of the Revised Code, the	27130
commission shall enter into an agreement with the school district	27131
board for the construction and sale of the project. In either	27132
case, the agreement shall include, but need not be limited to, the	27133
following provisions:	27134

(A) The sale and issuance of bonds or notes in anticipation	27135
thereof, as soon as practicable after the execution of the	27136
agreement, in an amount equal to the school district's portion of	27137
the basic project cost, including any bonds previously authorized	27138
by the district's electors as described in section 3318.033 of the	27139
Revised Code and any securities authorized under division (J) of	27140
section 133.06 of the Revised Code and dedicated by the school	27141
district board to payment of the district's portion of the basic	27142
project cost of the project; provided, that if at that time the	27143
county treasurer of each county in which the school district is	27144
located has not commenced the collection of taxes on the general	27145
duplicate of real and public utility property for the year in	27146
which the controlling board approved the project, the school	27147
district board shall authorize the issuance of a first installment	27148
of bond anticipation notes in an amount specified by the	27149
agreement, which amount shall not exceed an amount necessary to	27150
raise the net bonded indebtedness of the school district as of the	27151
date of the controlling board's approval to within five thousand	27152
dollars of the required level of indebtedness for the preceding	27153
year. In the event that a first installment of bond anticipation	27154
notes is issued, the school district board shall, as soon as	27155
practicable after the county treasurer of each county in which the	27156
school district is located has commenced the collection of taxes	27157
on the general duplicate of real and public utility property for	27158
the year in which the controlling board approved the project,	27159
authorize the issuance of a second and final installment of bond	27160
anticipation notes or a first and final issue of bonds.	27161

The combined value of the first and second installment of	27162
bond anticipation notes or the value of the first and final issue	27163
of bonds shall be equal to the school district's portion of the	27164
basic project cost. The proceeds of any such bonds shall be used	27165
first to retire any bond anticipation notes. Otherwise, the	27166
proceeds of such bonds and of any bond anticipation notes, except	27167
the premium and accrued interest thereon, shall be deposited in	27168
the school district's project construction fund. In determining	27169
the amount of net bonded indebtedness for the purpose of fixing	27170
the amount of an issue of either bonds or bond anticipation notes,	27171
gross indebtedness shall be reduced by moneys in the bond	27172
retirement fund only to the extent of the moneys therein on the	27173
first day of the year preceding the year in which the controlling	27174
board approved the project. Should there be a decrease in the tax	27175
valuation of the school district so that the amount of	27176
indebtedness that can be incurred on the tax duplicates for the	27177
year in which the controlling board approved the project is less	27178
than the amount of the first installment of bond anticipation	27179
notes, there shall be paid from the school district's project	27180
construction fund to the school district's bond retirement fund to	27181
be applied against such notes an amount sufficient to cause the	27182
net bonded indebtedness of the school district, as of the first	27183
day of the year following the year in which the controlling board	27184
approved the project, to be within five thousand dollars of the	27185
required level of indebtedness for the year in which the	27186
controlling board approved the project. The maximum amount of	27187
indebtedness to be incurred by any school district board as its	27188
share of the cost of the project is either an amount that will	27189
cause its net bonded indebtedness, as of the first day of the year	27190
following the year in which the controlling board approved the	27191
project, to be within five thousand dollars of the required level	27192
of indebtedness, or an amount equal to the required percentage of	27193
the basic project costs, whichever is greater. All bonds and bond	27194
anticipation notes shall be issued in accordance with Chapter 133.	27195
of the Revised Code, and notes may be renewed as provided in	27196
section 133.22 of the Revised Code.	27197

(B) The transfer of such funds of the school district board	27198
available for the project, together with the proceeds of the sale	27199
of the bonds or notes, except premium, accrued interest, and	27200
interest included in the amount of the issue, to the school	27201
district's project construction fund;	27202

(C) For all school districts except joint vocational school	27203
districts that receive assistance under sections 3318.40 to	27204
3318.45 of the Revised Code, the following provisions as	27205
applicable:	27206

(1) If section 3318.052 of the Revised Code applies, the	27207
earmarking of the proceeds of a tax levied under section 5705.21	27208
of the Revised Code for general ongoing permanent or under section	27209
5705.218 of the Revised Code for the purpose of permanent	27210
improvements, or the proceeds of a school district income tax	27211
levied under Chapter 5748. of the Revised Code, or the proceeds	27212
from a combination of those two taxes, in an amount to pay all or	27213
part of the service charges on bonds issued to pay the school	27214
district portion of the project and an amount equivalent to all or	27215
part of the tax required under division (B) of section 3318.05 of	27216
the Revised Code;	27217

(2) If section 3318.052 of the Revised Code does not apply,	27218
either of the following:	27219

(a) The levy of the tax authorized at the election for the	27220
payment of maintenance costs, as specified in division (B) of	27221
section 3318.05 of the Revised Code;	27222

(b) If the school district electors have approved a	27223
continuing tax of at least two mills for each dollar of valuation	27224
for general ongoing permanent improvements under section 5705.21	27225
of the Revised Code and that tax can be used for maintenance, the	27226
earmarking of an amount of the proceeds from such tax for	27227
maintenance of classroom facilities as specified in division (B)	27228
of section 3318.05 of the Revised Code.	27229

(D) For joint vocational school districts that receive	27230
assistance under sections 3318.40 to 3318.45 of the Revised Code,	27231
provision for deposit of school district moneys dedicated to	27232
maintenance of the classroom facilities acquired under those	27233
sections as prescribed in section 3318.43 of the Revised Code;	27234

(E) Dedication of any local donated contribution as provided	27235
for under section 3318.084 of the Revised Code, including a	27236
schedule for depositing such moneys applied as an offset of the	27237
district's obligation to levy the tax described in division (B) of	27238
section 3318.05 of the Revised Code as required under division	27239
(D)(2) of section 3318.084 of the Revised Code;	27240

(F) Ownership of or interest in the project during the period	27241
of construction, which shall be divided between the commission and	27242
the school district board in proportion to their respective	27243
contributions to the school district's project construction fund;	27244

(G) Maintenance of the state's interest in the project until	27245
any obligations issued for the project under section 3318.26 of	27246
the Revised Code are no longer outstanding;	27247

(H) The insurance of the project by the school district from	27248
the time there is an insurable interest therein and so long as the	27249
state retains any ownership or interest in the project pursuant to	27250
division (F) of this section, in such amounts and against such	27251
risks as the commission shall require; provided, that the cost of	27252
any required insurance until the project is completed shall be a	27253
part of the basic project cost;	27254

(I) The certification by the director of budget and	27255
management that funds are available and have been set aside to	27256
meet the state's share of the basic project cost as approved by	27257
the controlling board pursuant to either section 3318.04 or	27258
division (B)(1) of section 3318.41 of the Revised Code;	27259

(J) Authorization of the school district board to advertise	27260
for and receive construction bids for the project, for and on	27261
behalf of the commission, and to award contracts in the name of	27262
the state subject to approval by the commission;	27263

(K) Provisions for the disbursement of moneys from the school	27264
district's project account upon issuance by the commission or the	27265
commission's designated representative of vouchers for work done	27266
to be certified to the commission by the treasurer of the school	27267
district board;	27268

(L) Disposal of any balance left in the school district's	27269
project construction fund upon completion of the project;	27270

(M) Limitations upon use of the project or any part of it so	27271
long as any obligations issued to finance the project under	27272
section 3318.26 of the Revised Code are outstanding;	27273

(N) Provision for vesting the state's interest in the project	27274
to the school district board when the obligations issued to	27275
finance the project under section 3318.26 of the Revised Code are	27276
outstanding;	27277

(O) Provision for deposit of an executed copy of the	27278
agreement in the office of the commission;	27279

(P) Provision for termination of the contract and release of	27280
the funds encumbered at the time of the conditional approval, if	27281
the proceeds of the sale of the bonds of the school district board	27282
are not paid into the school district's project construction fund	27283
and if bids for the construction of the project have not been	27284
taken within such period after the execution of the agreement as	27285
may be fixed by the commission;	27286

(Q) Provision for the school district to maintain the project	27287
in accordance with a plan approved by the commission;	27288

(R)(1) For all school districts except a district undertaking	27289
a project under section 3318.38 of the Revised Code or a joint	27290
vocational school district undertaking a project under sections	27291
3318.40 to 3318.45 of the Revised Code, provision that all state	27292
funds reserved and encumbered to pay the state share of the cost	27293
of the project pursuant to section 3318.03 of the Revised Code be	27294
spent on the construction or acquisition of the project prior to	27295
the expenditure of any funds provided by the school district to	27296
pay for its share of the project cost, unless the school district	27297
certifies to the commission that expenditure by the school	27298
district is necessary to maintain the tax-exempt status of notes	27299
or bonds issued by the school district to pay for its share of the	27300
project cost or to comply with applicable temporary investment	27301
periods or spending exceptions to rebate as provided for under	27302
federal law in regard to those notes or bonds, in which cases, the	27303
school district may commit to spend, or spend, a portion of the	27304
funds it provides;	27305

(2) For a school district undertaking a project under section	27306
3318.38 of the Revised Code or a joint vocational school district	27307
undertaking a project under sections 3318.40 to 3318.45 of the	27308
Revised Code, provision that the state funds reserved and	27309
encumbered and the funds provided by the school district to pay	27310
the basic project cost of any segment of the project, or of the	27311
entire project if it is not divided into segments, be spent on the	27312
construction and acquisition of the project simultaneously in	27313
proportion to the state's and the school district's respective	27314
shares of that basic project cost as determined under section	27315
3318.032 of the Revised Code or, if the district is a joint	27316
vocational school district, under section 3318.42 of the Revised	27317
Code.	27318

(S) A provision stipulating that the commission may prohibit	27319
the district from proceeding with any project if the commission	27320
determines that the site is not suitable for construction	27321
purposes. The commission may perform soil tests in its	27322
determination of whether a site is appropriate for construction	27323
purposes.	27324

(T) A provision stipulating that, unless otherwise authorized	27325
by the commission, any contingency reserve portion of the	27326
construction budget prescribed by the commission shall be used	27327
only to pay costs resulting from unforeseen job conditions, to	27328
comply with rulings regarding building and other codes, to pay	27329
costs related to design clarifications or corrections to contract	27330
documents, and to pay the costs of settlements or judgments	27331
related to the project as provided under section 3318.086 of the	27332
Revised Code;	27333

(U) Provision stipulating that for continued release of	27334
project funds the school district board shall comply with section	27335
3313.41 of the Revised Code throughout the project;	27336

(V) Provision that the commission shall not approve a	27337
contract for demolition of a facility until the school district	27338
board has complied with section 3313.41 of the Revised Code	27339
relative to that facility, unless demolition of that facility is	27340
to clear a site for construction of a replacement facility	27341
included in the district's project.	27342

Sec. 3318.30.  (A) There is hereby created the Ohio school	27343
facilities commission. The commission shall administer the	27344
provision of financial assistance to school districts for the	27345
acquisition or construction of classroom facilities in accordance	27346
with sections 3318.01 to 3318.33 of the Revised Code.	27347

The commission is a body corporate and politic, an agency of	27348
state government and an instrumentality of the state, performing	27349
essential governmental functions of this state. The carrying out	27350
of the purposes and the exercise by the commission of its powers	27351
conferred by sections 3318.01 to 3318.33 of the Revised Code are	27352
essential public functions and public purposes of the state. The	27353
commission may, in its own name, sue and be sued, enter into	27354
contracts, and perform all the powers and duties given to it by	27355
sections 3318.01 to 3318.33 of the Revised Code, but it does not	27356
have and shall not exercise the power of eminent domain. In its	27357
discretion and as it determines appropriate, the commission may	27358
delegate to any of its members, executive director, or other	27359
employees any of the commission's powers and duties to carry out	27360
its functions.	27361

(B) The commission shall consist of seven members, three of	27362
whom are voting members. The voting members of the commission	27363
shall be the director of the office of budget and management, the	27364
director of administrative services, and the superintendent of	27365
public instruction, or their designees. Of the nonvoting members,	27366
two shall be members of the senate appointed by the president of	27367
the senate, and two shall be members of the house of	27368
representatives appointed by the speaker of the house. Each of the	27369
appointees of the president, and each of the appointees of the	27370
speaker, shall be members of different political parties.	27371

Nonvoting members shall serve as members of the commission	27372
during the legislative biennium for which they are appointed,	27373
except that any such member who ceases to be a member of the	27374
legislative house from which the member was appointed shall cease	27375
to be a member of the commission. Each nonvoting member shall be	27376
appointed within thirty-one days of the end of the term of that	27377
member's predecessor. Such members may be reappointed. Vacancies	27378
of nonvoting members shall be filled in the manner provided for	27379
original appointments.	27380

Members of the commission shall serve without compensation.

27381

After the initial nonvoting members of the commission have	27382
been appointed, the commission shall meet and organize by electing	27383
voting members as the chairperson and vice-chairperson of the	27384
commission, who shall hold their offices until the next	27385
organizational meeting of the commission. Organizational meetings	27386
of the commission shall be held at the first meeting of each	27387
calendar year. At each organizational meeting, the commission	27388
shall elect from among its voting members a chairperson and	27389
vice-chairperson, who shall serve until the next annual	27390
organizational meeting. The commission shall adopt rules pursuant	27391
to section 111.15 of the Revised Code for the conduct of its	27392
internal business and shall keep a journal of its proceedings.	27393
Including the organizational meeting, the commission shall meet at	27394
least once each calendar quarter.	27395

Two voting members of the commission constitute a quorum, and	27396
the affirmative vote of two members is necessary for approval of	27397
any action taken by the commission. A vacancy in the membership of	27398
the commission does not impair a quorum from exercising all the	27399
rights and performing all the duties of the commission. Meetings	27400
of the commission may be held anywhere in the state and shall be	27401
held in compliance with section 121.22 of the Revised Code.	27402

(C) The commission shall file an annual report of its	27403
activities and finances with the governor, speaker of the house of	27404
representatives, president of the senate, and chairpersons of the	27405
house and senate finance committees.	27406

(D) The commission shall be exempt from the requirements of	27407
sections 101.82 to 101.87 of the Revised Code.	27408

Sec. 3318.31.  (A) The Ohio school facilities commission may	27409
perform any act and ensure the performance of any function	27410
necessary or appropriate to carry out the purposes of, and	27411
exercise the powers granted under, Chapter 3318. of the Revised	27412
Code, including any of the following:	27413

(1) Adopt, amend, and rescind, pursuant to section 111.15 of	27414
the Revised Code, rules for the administration of programs	27415
authorized under Chapter 3318. of the Revised Code.	27416

(2) Contract with, retain the services of, or designate, and	27417
fix the compensation of, such agents, accountants, consultants,	27418
advisers, and other independent contractors as may be necessary or	27419
desirable to carry out the programs authorized under Chapter 3318.	27420
of the Revised Code, or authorize the executive director to	27421
perform such powers and duties.	27422

(3) Receive and accept any gifts, grants, donations, and	27423
pledges, and receipts therefrom, to be used for the programs	27424
authorized under Chapter 3318. of the Revised Code.	27425

(4) Make and enter into all contracts, commitments, and	27426
agreements, and execute all instruments, necessary or incidental	27427
to the performance of its duties and the execution of its rights	27428
and powers under Chapter 3318. of the Revised Code, or authorize	27429
the executive director to perform such powers and duties.	27430

(B) The commission shall appoint and fix the compensation of	27431
an executive director who shall serve at the pleasure of the	27432
commission. The executive director shall supervise the operations	27433
of the commission and perform such other duties as delegated by	27434
the commission. The executive director also shall employ and fix	27435
the compensation of such employees as will facilitate the	27436
activities and purposes of the commission, who shall serve at the	27437
pleasure of the executive director. The employees of the	27438
commission shall be exempt from Chapter 4117. of the Revised Code	27439
and shall not be public employees as defined in section 4117.01 of	27440
the Revised Code.	27441

(C) The attorney general shall serve as the legal	27442
representative for the commission and may appoint other counsel as	27443
necessary for that purpose in accordance with section 109.07 of	27444
the Revised Code.	27445

Sec. 3318.37.  (A)(1) As used in this section:

27446

(1)(a) "Large land area school district" means a school	27447
district with a territory of greater than three hundred fifty	27448
square miles in any percentile as determined under section	27449
3318.011 of the Revised Code.	27450

(b) "Low wealth school district" means a school district in	27451
the first through fiftieth percentiles as determined under section	27452
3318.011 of the Revised Code.	27453

(2)(c) A "school district with an exceptional need for	27454
immediate classroom facilities assistance" means a low wealth or	27455
large land area school district with an exceptional need for new	27456
facilities in order to protect the health and safety of all or a	27457
portion of its students. School	27458

(2) School districts reasonably expected to be eligible for	27459
state assistance under sections 3318.01 to 3318.20 of the Revised	27460
Code within three fiscal years after the year of the application	27461
for assistance under this section is being considered by the Ohio	27462
school facilities commission, and school districts that	27463
participate in the school building assistance expedited local	27464
partnership program under section 3318.36 of the Revised Code,	27465
except for such districts described in division (A)(3) of this	27466
section, shall not be eligible for assistance under this section.	27467

(3) School districts that participate in the school building	27468
assistance expedited local partnership program under section	27469
3318.36 of the Revised Code may receive assistance under the	27470
program established under this section only if the following	27471
conditions are satisfied:	27472

(a) The district board adopted a resolution certifying its	27473
intent to participate in the school building assistance expedited	27474
local partnership program under section 3318.36 of the Revised	27475
Code prior to September 14, 2000.	27476

(b) The district was selected by the Ohio school facilities	27477
commission for participation in the school building assistance	27478
expedited local partnership program under section 3318.36 of the	27479
Revised Code in the manner prescribed by the commission under that	27480
section as it existed prior to September 14, 2000.	27481

(B)(1) There is hereby established the exceptional needs	27482
school facilities assistance program. Under the program, the Ohio	27483
school facilities commission may set aside from the moneys	27484
annually appropriated to it for classroom facilities assistance	27485
projects up to twenty-five per cent for assistance to school	27486
districts with exceptional needs for immediate classroom	27487
facilities assistance.	27488

(2)(a) After consulting with education and construction	27489
experts, the commission shall adopt guidelines for identifying	27490
school districts with an exceptional need for immediate classroom	27491
facilities assistance.	27492

(b) The guidelines shall include application forms and	27493
instructions for school districts that believe they have an	27494
exceptional need for immediate classroom facilitiesto use in	27495
applying for assistance under this section.	27496

(3) The commission shall evaluate the classroom facilities,	27497
and the need for replacement classroom facilities from the	27498
applications received under this section. The commission,	27499
utilizing the guidelines adopted under division (B)(2)(a) of this	27500
section, shall prioritize the school districts to be assessed.	27501

Notwithstanding section 3318.02 of the Revised Code, the	27502
commission may conduct on-site evaluation of the school districts	27503
prioritized under this section and approve and award funds until	27504
such time as all funds set aside under division (B)(1) of this	27505
section have been encumbered under section 3318.04 of the Revised	27506
Code. However, the commission need not conduct the evaluation of	27507
facilities if the commission determines that a district's	27508
assessment conducted under section 3318.36 of the Revised Code is	27509
sufficient for purposes of this section.	27510

(4) Notwithstanding division (A) of section 3318.05 of the	27511
Revised Code, the school district's portion of the basic project	27512
cost under this section shall be the "required percentage of the	27513
basic project costs," as defined in division (K) of section	27514
3318.01 of the Revised Code.	27515

(5) Except as otherwise specified in this section, any	27516
project undertaken with assistance under this section shall comply	27517
with all provisions of sections 3318.01 to 3318.20 of the Revised	27518
Code. A school district may receive assistance under sections	27519
3318.01 to 3318.20 of the Revised Code for the remainder of the	27520
district's classroom facilities needs as assessed under this	27521
section when the district is eligible for such assistance pursuant	27522
to section 3318.02 of the Revised Code, but any classroom facility	27523
constructed with assistance under this section shall not be	27524
included in a district's project at that time unless the	27525
commission determines the district has experienced the increased	27526
enrollment specified in division (B)(1) of section 3318.04 of the	27527
Revised Code.	27528

(C) No school district shall receive assistance under this	27529
section for a classroom facility that has been included in the	27530
discrete part of the district's classroom facilities needs	27531
identified and addressed in the district's project pursuant to an	27532
agreement entered into under section 3318.36 of the Revised Code.	27533

Sec. 3318.41. (A)(1) The Ohio school facilities commission	27534
annually shall assess the classroom facilities needs of the number	27535
of joint vocational school districts that the commission	27536
reasonably expects to be able to provide assistance to in a fiscal	27537
year, based on the amount set aside for that fiscal year under	27538
division (B) of section 3318.40 of the Revised Code and the order	27539
of priority prescribed in division (B) of section 3318.42 of the	27540
Revised Code, except that in fiscal year 2004 the commission shall	27541
conduct at least the five assessments prescribed in division (E)	27542
of section 3318.40 of the Revised Code.	27543

Upon conducting an assessment of the classroom facilities	27544
needs of a school district, the commission shall make a	27545
determination of all of the following:	27546

(a) The number of classroom facilities to be included in a	27547
project, including classroom facilities authorized by a bond	27548
issuedescribed in section 3318.033 of the Revised Code, and the	27549
basic project cost of acquiring the classroom facilities included	27550
in the project. The number of facilities and basic project cost	27551
shall be determined in accordance with the specifications adopted	27552
under section 3318.311 of the Revised Code except to the extent	27553
that compliance with such specifications is waived by the	27554
commission pursuant to the rule of the commission adopted under	27555
division (F) of section 3318.40 of the Revised Code.	27556

(b) The school district's portion of the basic project cost	27557
as determined under division (C) of section 3318.42 of the Revised	27558
Code;	27559

(c) The remaining portion of the basic project cost that	27560
shall be supplied by the state;	27561

(d) The amount of the state's portion of the basic project	27562
cost to be encumbered in accordance with section 3318.11 of the	27563
Revised Code in the current and subsequent fiscal bienniums from	27564
funds set aside under division (B) of section 3318.40 of the	27565
Revised Code.	27566

(2) Divisions (A), (C), and (D) of section 3318.03 of the	27567
Revised Code apply to any project under sections 3318.40 to	27568
3318.45 of the Revised Code.	27569

(B)(1) If the commission makes a determination under division	27570
(A) of this section in favor of the acquisition of classroom	27571
facilities for a project under sections 3318.40 to 3318.45 of the	27572
Revised Code, such project shall be conditionally approved. Such	27573
conditional approval shall be submitted to the controlling board	27574
for approval. The controlling board shall immediately approve or	27575
reject the commission's determination, conditional approval, the	27576
amount of the state's portion of the basic project cost, and the	27577
amount of the state's portion of the basic project cost to be	27578
encumbered in the current fiscal biennium. In the event of	27579
approval by the controlling board, the commission shall certify	27580
the conditional approval to the joint vocational school district	27581
board of education and shall encumber the approved funds for the	27582
current fiscal year.	27583

(2) No school district that receives assistance under	27584
sections 3318.40 to 3318.45 of the Revised Code shall have another	27585
such project conditionally approved until the expiration of twenty	27586
years after the school district's prior project was conditionally	27587
approved, unless the school district board demonstrates to the	27588
satisfaction of the commission that the school district has	27589
experienced since conditional approval of its prior project an	27590
exceptional increase in enrollment or program requirements	27591
significantly above the school district's design capacity under	27592
that prior project as determined by rule of the commission. Any	27593
rule adopted by the commission to implement this division shall be	27594
tailored to address the classroom facilities needs of joint	27595
vocational school districts.	27596

(C) In addition to generating the amount of the school	27597
district's portion of the basic project cost as determined under	27598
division (C) of section 3318.42 of the Revised Code, in order for	27599
a school district to receive assistance under sections 3318.40 to	27600
3318.45 of the Revised Code, the school district board shall set	27601
aside school district moneys for the maintenance of the classroom	27602
facilities included in the school district's project in the amount	27603
and manner prescribed in section 3318.43 of the Revised Code.	27604

(D)(1) The conditional approval for a project certified under	27605
division (B)(1) of this section shall lapse and the amount	27606
reserved and encumbered for such project shall be released unless	27607
both of the following conditions are satisfied:	27608

(a) Within one hundred twenty days following the date of	27609
certification of the conditional approval to the joint vocational	27610
school district board, the school district board accepts the	27611
conditional approval and certifies to the commission the school	27612
district board's plan to generate the school district's portion of	27613
the basic project cost, as determined under division (C) of	27614
section 3318.42 of the Revised Code, and to set aside moneys for	27615
maintenance of the classroom facilities acquired under the	27616
project, as prescribed in section 3318.43 of the Revised Code.	27617

(b) Within one year following the date of certification of	27618
the conditional approval to the school district board, the	27619
electors of the school district vote favorably on any ballot	27620
measures proposed by the school district board to generate the	27621
school district's portion of the basic project cost.	27622

(2) If the school district board or electors fail to satisfy	27623
the conditions prescribed in division (D)(1) of this section and	27624
the amount reserved and encumbered for the school district's	27625
project is released, the school district shall be given first	27626
priority over other joint vocational school districts for project	27627
funding under sections 3318.40 to 3318.45 of the Revised Code as	27628
such funds become available.	27629

(E) If the conditions prescribed in division (D)(1) of this	27630
section are satisfied, the commission and the school district	27631
board shall enter into an agreement as prescribed in section	27632
3318.08 of the Revised Code and shall proceed with the development	27633
of plans, cost estimates, designs, drawings, and specifications as	27634
prescribed in section 3318.091 of the Revised Code.	27635

(F) Costs in excess of those approved by the commission under	27636
section 3318.091 of the Revised Code shall be payable only as	27637
provided in sections 3318.042 and 3318.083 of the Revised Code.	27638

(G) Advertisement for bids and the award of contracts for	27639
construction of any project under sections 3318.40 to 3318.45 of	27640
the Revised Code shall be conducted in accordance with section	27641
3318.10 of the Revised Code.	27642

(H) The state funds reserved and encumbered and the funds	27643
provided by the school district to pay the basic project cost of a	27644
project under sections 3318.40 to 3318.45 of the Revised Code	27645
shall be spent simultaneously in proportion to the state's and the	27646
school district's respective portions of that basic project cost.	27647

(I) Sections 3318.13, 3318.14, and 3318.16 of the Revised	27648
Code apply to projects under sections 3318.40 to 3318.45 of the	27649
Revised Code.	27650

Sec. 3319.01.  Except in an island school district, where the	27651
superintendent of an educational service center otherwise may	27652
serve as superintendent of the district and except as otherwise	27653
provided for any cooperative education school district pursuant to	27654
division (B)(2) of section 3311.52 or division (B)(3) of section	27655
3311.521 of the Revised Code, the board of education in each	27656
school district and the governing board of each service center	27657
shall, at a regular or special meeting held not later than the	27658
first day of May of the calendar year in which the term of the	27659
superintendent expires, appoint a person possessed of the	27660
qualifications provided in this section to act as superintendent,	27661
for a term not longer than five years beginning the first day of	27662
August and ending on the thirty-first day of July. Such	27663
superintendent is, at the expiration of a current term of	27664
employment, deemed reemployed for a term of one year at the same	27665
salary plus any increments that may be authorized by the board,	27666
unless such board, on or before the first day of March of the year	27667
in which the contract of employment expires, either reemploys the	27668
superintendent for a succeeding term as provided in this section	27669
or gives to the superintendent written notice of its intention not	27670
to reemploy the superintendent. A superintendent may not be	27671
transferred to any other position during the term of the	27672
superintendent's employment or reemployment except by mutual	27673
agreement by the superintendent and the board. If a vacancy occurs	27674
in the office of superintendent, the board shall appoint a	27675
superintendent for a term not to exceed five years from the next	27676
preceding first day of August.	27677

Except as otherwise provided in this section, the employment	27678
or reemployment of a superintendent of a local school district	27679
shall be only upon the recommendation of the service center	27680
superintendent, except that a local board of education, by a	27681
three-fourths vote of its full membership, may, after considering	27682
two nominations for the position of local superintendent made by	27683
the service center superintendent, employ or reemploy a person not	27684
so nominated for such position.	27685

A board may at any regular or special meeting held during the	27686
period beginning on the first day of January of the calendar year	27687
immediately preceding the year the contract of employment of a	27688
superintendent expires and ending on the first day of March of the	27689
year it expires, reemploy such superintendent for a succeeding	27690
term for not longer than five years, beginning on the first day of	27691
August immediately following the expiration of the	27692
superintendent's current term of employment and ending on the	27693
thirty-first day of July of the year in which such succeeding term	27694
expires. No person shall be appointed to the office of	27695
superintendent of a city, or exempted village school district or a	27696
service center who does not hold a license designated for being a	27697
superintendent issued under section 3319.22 of the Revised Code,	27698
unless such person had been employed as a county, city, or	27699
exempted village superintendent prior to August 1, 1939. No person	27700
shall be appointed to the office of local superintendent who does	27701
not hold a license designated for being a superintendent issued	27702
under section 3319.22 of the Revised Code, unless such person held	27703
or was qualified to hold the position of executive head of a local	27704
school district on September 16, 1957. At the time of making such	27705
appointment or designation of term, such board shall fix the	27706
compensation of the superintendent, which may be increased or	27707
decreased during such term, provided such decrease is a part of a	27708
uniform plan affecting salaries of all employees of the district,	27709
and shall execute a written contract of employment with such	27710
superintendent.	27711

Each board shall adopt procedures for the evaluation of its	27712
superintendent and shall evaluate its superintendent in accordance	27713
with those procedures. An evaluation based upon such procedures	27714
shall be considered by the board in deciding whether to renew the	27715
superintendent's contract. The establishment of an evaluation	27716
procedure shall not create an expectancy of continued employment.	27717
Nothing in this section shall prevent a board from making the	27718
final determination regarding the renewal or failure to renew of a	27719
superintendent's contract.	27720

Termination of a superintendent's contract shall be pursuant	27721
to section 3319.16 of the Revised Code.	27722

A board may establish vacation leave for its superintendent.	27723
Upon the superintendent's separation from employment a board that	27724
has such leave may provide compensation at the superintendent's	27725
current rate of pay for all lawfully accrued and unused vacation	27726
leave to the superintendent's credit at the time of separation,	27727
not to exceed the amount accrued within three years before the	27728
date of separation. In case of the death of a superintendent, such	27729
unused vacation leave as the board would have paid to this	27730
superintendent upon separation shall be paid in accordance with	27731
section 2113.04 of the Revised Code, or to the superintendent's	27732
estate.	27733

The superintendent shall be the executive officer for the	27734
board. Except as otherwise provided in this section for local	27735
school districts, theThe superintendent shall direct and assign	27736
teachers and other employees of the district or service center,	27737
except as provided in section 3319.04 of the Revised Code; assign	27738
the pupils to the proper schools and grades, provided that the	27739
assignment of a pupil to a school outside of the pupil's district	27740
of residence is approved by the board of the district of residence	27741
of such pupil; and perform such other duties as the board	27742
determines. The service center superintendent shall exercise the	27743
responsibilities of this section with regard to the assignment of	27744
pupils and teachers for local school districts under the	27745
supervision of the service center, except that the board of	27746
education of a local school district and the governing board of	27747
the educational service center of which the local district is a	27748
part may enter into an agreement requiring the local	27749
superintendent, instead of the superintendent of the educational	27750
service center, to exercise the responsibilities of this section	27751
with regard to the assignment of pupils and teachers for the local	27752
school district.	27753

The board of education of any school district may contract	27754
with the governing board of the educational service center from	27755
which it otherwise receives services to conduct searches and	27756
recruitment of candidates for the superintendent position	27757
authorized under this section.	27758

Sec. 3319.02.  (A)(1) As used in this section, "other	27759
administrator" means eitherany of the following:	27760

(a) Except as provided in division (A)(2) of this section,	27761
any employee in a position for which a board of education requires	27762
a license designated by rule of the department of education for	27763
being an administrator issued under section 3319.22 of the Revised	27764
Code, including a professional pupil services employee or	27765
administrative specialist or an equivalent of either one who is	27766
not employed as a school counselor and spends less than fifty per	27767
cent of the time employed teaching or working with students;	27768

(b) Any nonlicensed employee whose job duties enable such	27769
employee to be considered as either a "supervisor" or a	27770
"management level employee," as defined in section 4117.01 of the	27771
Revised Code;	27772

(c) A business manager appointed under section 3319.03 of the	27773
Revised Code.	27774

(2) As used in this section, "other administrator" does not	27775
include a superintendent, assistant superintendent, principal, or	27776
assistant principal.	27777

(B) The board of education of each school district and the	27778
governing board of an educational service center may appoint one	27779
or more assistant superintendents and such other administrators as	27780
are necessary. An assistant educational service center	27781
superintendent or service center supervisor employed on a	27782
part-time basis may also be employed by a local board as a	27783
teacher. The board of each city, exempted village, and local	27784
school district shall employ principals for all high schools and	27785
for such other schools as the board designates, and those boards	27786
may appoint assistant principals for any school that they	27787
designate.	27788

(C) In educational service centers and in city and, exempted	27789
village, and local school districts, assistant superintendents,	27790
principals, assistant principals, and other administrators shall	27791
only be employed or reemployed in accordance with nominations of	27792
the superintendent, except that a city or exempted village board	27793
of education of a school district or the governing board of a	27794
service center, by a three-fourths vote of its full membership,	27795
may reemploy any assistant superintendent, principal, assistant	27796
principal, or other administrator whom the superintendent refuses	27797
to nominate. In local school districts, assistant superintendents,	27798
principals, assistant principals, and other administrators shall	27799
only be employed or reemployed in accordance with nominations of	27800
the superintendent of the service center of which the local	27801
district is a part, except that a local board of education, by a	27802
three-fourths vote of its full membership, may reemploy any	27803
assistant superintendent, principal, assistant principal, or other	27804
administrator whom such superintendent refuses to nominate.	27805

The board of education or governing board shall execute a	27806
written contract of employment with each assistant superintendent,	27807
principal, assistant principal, and other administrator it employs	27808
or reemploys. The term of such contract shall not exceed three	27809
years except that in the case of a person who has been employed as	27810
an assistant superintendent, principal, assistant principal, or	27811
other administrator in the district or center for three years or	27812
more, the term of the contract shall be for not more than five	27813
years and, unless the superintendent of the district recommends	27814
otherwise, not less than two years. If the superintendent so	27815
recommends, the term of the contract of a person who has been	27816
employed by the district or service center as an assistant	27817
superintendent, principal, assistant principal, or other	27818
administrator for three years or more may be one year, but all	27819
subsequent contracts granted such person shall be for a term of	27820
not less than two years and not more than five years. When a	27821
teacher with continuing service status becomes an assistant	27822
superintendent, principal, assistant principal, or other	27823
administrator with the district or service center with which the	27824
teacher holds continuing service status, the teacher retains such	27825
status in the teacher's nonadministrative position as provided in	27826
sections 3319.08 and 3319.09 of the Revised Code.	27827

A board of education or governing board may reemploy an	27828
assistant superintendent, principal, assistant principal, or other	27829
administrator at any regular or special meeting held during the	27830
period beginning on the first day of January of the calendar year	27831
immediately preceding the year of expiration of the employment	27832
contract and ending on the last day of March of the year the	27833
employment contract expires.	27834

Except by mutual agreement of the parties thereto, no	27835
assistant superintendent, principal, assistant principal, or other	27836
administrator shall be transferred during the life of a contract	27837
to a position of lesser responsibility. No contract may be	27838
terminated by a board except pursuant to section 3319.16 of the	27839
Revised Code. No contract may be suspended except pursuant to	27840
section 3319.17 or 3319.171 of the Revised Code. The salaries and	27841
compensation prescribed by such contracts shall not be reduced by	27842
a board unless such reduction is a part of a uniform plan	27843
affecting the entire district or center. The contract shall	27844
specify the employee's administrative position and duties as	27845
included in the job description adopted under division (D) of this	27846
section, the salary and other compensation to be paid for	27847
performance of duties, the number of days to be worked, the number	27848
of days of vacation leave, if any, and any paid holidays in the	27849
contractual year.	27850

An assistant superintendent, principal, assistant principal,	27851
or other administrator is, at the expiration of the current term	27852
of employment, deemed reemployed at the same salary plus any	27853
increments that may be authorized by the board, unless such	27854
employee notifies the board in writing to the contrary on or	27855
before the first day of June, or unless such board, on or before	27856
the last day of March of the year in which the contract of	27857
employment expires, either reemploys such employee for a	27858
succeeding term or gives written notice of its intention not to	27859
reemploy the employee. The term of reemployment of a person	27860
reemployed under this paragraph shall be one year, except that if	27861
such person has been employed by the school district or service	27862
center as an assistant superintendent, principal, assistant	27863
principal, or other administrator for three years or more, the	27864
term of reemployment shall be two years.	27865

(D)(1) Each board shall adopt procedures for the evaluation	27866
of all assistant superintendents, principals, assistant	27867
principals, and other administrators and shall evaluate such	27868
employees in accordance with those procedures. The evaluation	27869
based upon such procedures shall be considered by the board in	27870
deciding whether to renew the contract of employment of an	27871
assistant superintendent, principal, assistant principal, or other	27872
administrator.	27873

(2) The evaluation shall measure each assistant	27874
superintendent's, principal's, assistant principal's, and other	27875
administrator's effectiveness in performing the duties included in	27876
the job description and the evaluation procedures shall provide	27877
for, but not be limited to, the following:	27878

(a) Each assistant superintendent, principal, assistant	27879
principal, and other administrator shall be evaluated annually	27880
through a written evaluation process.	27881

(b) The evaluation shall be conducted by the superintendent	27882
or designee.	27883

(c) In order to provide time to show progress in correcting	27884
the deficiencies identified in the evaluation process, the	27885
evaluation process shall be completed as follows:	27886

(i) In any school year that the employee's contract of	27887
employment is not due to expire, at least one evaluation shall be	27888
completed in that year. A written copy of the evaluation shall be	27889
provided to the employee no later than the end of the employee's	27890
contract year as defined by the employee's annual salary notice.	27891

(ii) In any school year that the employee's contract of	27892
employment is due to expire, at least a preliminary evaluation and	27893
at least a final evaluation shall be completed in that year. A	27894
written copy of the preliminary evaluation shall be provided to	27895
the employee at least sixty days prior to any action by the board	27896
on the employee's contract of employment. The final evaluation	27897
shall indicate the superintendent's intended recommendation to the	27898
board regarding a contract of employment for the employee. A	27899
written copy of the evaluation shall be provided to the employee	27900
at least five days prior to the board's acting to renew or not	27901
renew the contract.	27902

(3) Termination of an assistant superintendent, principal,	27903
assistant principal, or other administrator's contract shall be	27904
pursuant to section 3319.16 of the Revised Code. Suspension of any	27905
such employee shall be pursuant to section 3319.17 or 3319.171 of	27906
the Revised Code.	27907

(4) Before taking action to renew or nonrenew the contract of	27908
an assistant superintendent, principal, assistant principal, or	27909
other administrator under this section and prior to the last day	27910
of March of the year in which such employee's contract expires,	27911
the board shall notify each such employee of the date that the	27912
contract expires and that the employee may request a meeting with	27913
the board. Upon request by such an employee, the board shall grant	27914
the employee a meeting in executive session. In that meeting, the	27915
board shall discuss its reasons for considering renewal or	27916
nonrenewal of the contract. The employee shall be permitted to	27917
have a representative, chosen by the employee, present at the	27918
meeting.	27919

(5) The establishment of an evaluation procedure shall not	27920
create an expectancy of continued employment. Nothing in division	27921
(D) of this section shall prevent a board from making the final	27922
determination regarding the renewal or nonrenewal of the contract	27923
of any assistant superintendent, principal, assistant principal,	27924
or other administrator. However, if a board fails to provide	27925
evaluations pursuant to division (D)(2)(c)(i) or (ii) of this	27926
section, or if the board fails to provide at the request of the	27927
employee a meeting as prescribed in division (D)(4) of this	27928
section, the employee automatically shall be reemployed at the	27929
same salary plus any increments that may be authorized by the	27930
board for a period of one year, except that if the employee has	27931
been employed by the district or service center as an assistant	27932
superintendent, principal, assistant principal, or other	27933
administrator for three years or more, the period of reemployment	27934
shall be for two years.	27935

(E) On nomination of the superintendent of a service center a	27936
governing board may employ supervisors who shall be employed under	27937
written contracts of employment for terms not to exceed five years	27938
each. Such contracts may be terminated by a governing board	27939
pursuant to section 3319.16 of the Revised Code. Any supervisor	27940
employed pursuant to this division may terminate the contract of	27941
employment at the end of any school year after giving the board at	27942
least thirty days' written notice prior to such termination. On	27943
the recommendation of the superintendent the contract or contracts	27944
of any supervisor employed pursuant to this division may be	27945
suspended for the remainder of the term of any such contract	27946
pursuant to section 3319.17 or 3319.171 of the Revised Code.	27947

(F) A board may establish vacation leave for any individuals	27948
employed under this section. Upon such an individual's separation	27949
from employment, a board that has such leave may compensate such	27950
an individual at the individual's current rate of pay for all	27951
lawfully accrued and unused vacation leave credited at the time of	27952
separation, not to exceed the amount accrued within three years	27953
before the date of separation. In case of the death of an	27954
individual employed under this section, such unused vacation leave	27955
as the board would have paid to the individual upon separation	27956
under this section shall be paid in accordance with section	27957
2113.04 of the Revised Code, or to the estate.	27958

(G) The board of education of any school district may	27959
contract with the governing board of the educational service	27960
center from which it otherwise receives services to conduct	27961
searches and recruitment of candidates for assistant	27962
superintendent, principal, assistant principal, and other	27963
administrator positions authorized under this section.	27964

Sec. 3319.03.  The board of education of each city, exempted	27965
village, and local school district may create the position of	27966
business manager. The board shall electappoint such business	27967
manager who shall serve for a term not to exceed four years unless	27968
earlier removed for causepursuant to a contract in accordance	27969
with section 3319.02 of the Revised Code. A vacancy in this office	27970
shall be filled only for the unexpired term thereof. In the	27971
discharge of all hisofficial duties, the business manager may be	27972
directly responsible to the board, or to the superintendent of	27973
schools, as the board directs at the time of electionappointment	27974
to the position. Where such business manager is responsible to the	27975
superintendent hethe business manager shall be appointed by the	27976
superintendent and confirmed by the board.	27977

No board of education shall electappoint or confirm as	27978
business manager any person who does not hold a valid business	27979
manager's license issued under section 3301.074 of the Revised	27980
Code. If the business manager fails to maintain a valid license,	27981
hethe business manager shall be removed by the board.	27982

Sec. 3319.07.  (A) The board of education of each city,	27983
exempted village, and local, and joint vocational school district	27984
shall employ the teachers of the public schools of their	27985
respective districts.	27986

The governing board of each educational service center may	27987
employ special instruction teachers, special education teachers,	27988
and teachers of academic courses in which there are too few	27989
students in each of the constituent local school districts or in	27990
city or exempted village school districts entering into agreements	27991
pursuant to section 3313.843 of the Revised Code to warrant each	27992
district's employing teachers for those courses.	27993

When any board makes appointments of teachers, the teachers	27994
in the employ of the board shall be considered before new teachers	27995
are chosen in their stead. In city, exempted village, and joint	27996
vocationalall school districts and in service centers no teacher	27997
shall be employed unless such person is nominated by the	27998
superintendent of such district or center. Such board, by a	27999
three-fourths vote of its full membership, may re-employ any	28000
teacher whom the superintendent refuses to appoint. In local	28001
school districts, no teacher shall be employed, except as provided	28002
in division (B) of this section, unless nominated by the	28003
superintendent of the service center of which such local school	28004
district is a part; by a majority vote of the full membership of	28005
such board, the board of education of any local school district	28006
may, after considering two nominations for any position made by	28007
the service center superintendent, reemploy a person not so	28008
nominated for such position.	28009

(B) The board of education of a localany school district and	28010
the board of education of the county school district of which the	28011
local district is a part may enter into an agreement authorizing	28012
the superintendent of the local district, in lieu of the	28013
superintendent of the county district, to make nominations under	28014
this section for the employment of teachers in the local district.	28015
While such an agreement is in effect the board of education of the	28016
local district shall not employ any teacher unless the person is	28017
nominated by the superintendent of the district except that, by a	28018
three-fourths vote of its full membership, it may re-employ any	28019
teacher whom the superintendent refuses to nominatemay contract	28020
with the governing board of the educational service center from	28021
which it otherwise receives services to conduct searches and	28022
recruitment of candidates for teacher positions.	28023

Sec. 3319.19.  (A) Except as provided in division (D) of this	28024
section or division (A)(2) of section 3313.37 of the Revised Code,	28025
upon request, the board of county commissioners shall provide and	28026
equip offices in the county for the use of the superintendent of	28027
an educational service center, and shall provide heat, light,	28028
water, and janitorial services for such offices. Such offices	28029
shall be the permanent headquarters of the superintendent and	28030
shall be used by the governing board of the service center when it	28031
is in session. Except as provided in division (B) of this section,	28032
such offices shall be located in the county seat or, upon the	28033
approval of the governing board, may be located outside of the	28034
county seat.	28035

(B) In the case of a service center formed under section	28036
3311.053 or 3311.059 of the Revised Code, the governing board	28037
shall designate the site of its offices. Except as provided in	28038
division (D) of this section or division (A)(2) of section 3313.37	28039
of the Revised Code, the board of county commissioners of the	28040
county in which the designated site is located shall provide and	28041
equip the offices as under division (A) of this section, but the	28042
costs of such offices and equipment shall be apportioned among the	28043
boards of county commissioners of all counties having any	28044
territory in the area under the control of the governing board,	28045
according to the proportion of local school district pupils under	28046
the supervision of such board residing in the respective counties.	28047
Where there is a dispute as to the amount any board of county	28048
commissioners is required to pay, the probate judge of the county	28049
in which the greatest number of pupils under the supervision of	28050
the governing board reside shall apportion such costs among the	28051
boards of county commissioners and notify each such board of its	28052
share of the costs.	28053

(C) NotAs used in division (C) of this section, in the case	28054
of a building, facility, or office space that a board of county	28055
commissioners leases or rents, "actual cost per square foot" means	28056
all cost on a per square foot basis incurred by the board under	28057
the lease or rental agreement. In the case of a building,	28058
facility, or office space that the board owns in fee simple,	28059
"actual cost per square foot" means the fair rental value on a per	28060
square foot basis of the building, facility, or office space	28061
either as compared to a similarly situated building, facility, or	28062
office space in the general vicinity or as calculated under a	28063
formula that accounts for depreciation, amortization of	28064
improvements, and other reasonable factors, including, but not	28065
limited to, parking space and other amenities.	28066

Not later than the thirty-first day of March of 2002, 2003,	28067
2004, and 2005 a board of county commissioners required to provide	28068
or equip offices pursuant to division (A) or (B) of this section	28069
shall make a written estimate of the total cost it will incur for	28070
the ensuing fiscal year to provide and equip the offices and to	28071
provide heat, light, water, and janitorial services for such	28072
offices. The total estimate of cost shall include:	28073

(1) The total square feet of space to be utilized by the	28074
educational service center;	28075

(2) The total square feet of any common areas that should be	28076
reasonably allocated to the center and the methodology for making	28077
this allocation;	28078

(3) The actual cost per square foot for both the space	28079
utilized by and the common area allocated to the center;	28080

(4) An explanation of the methodology used to determine the	28081
actual cost per square foot cost;	28082

(5) The estimated cost of providing heat, light, and water,	28083
including an explanation of how these costs were determined;	28084

(6) The estimated cost of providing janitorial services	28085
including an explanation of the methodology used to determine this	28086
cost;	28087

(7) Any other estimated costs that the board anticipates it	28088
will occur and a detailed explanation of the costs and the	28089
rationale used to determine such costs.	28090

A copy of the total estimate of costs under this division	28091
shall be sent to the superintendent of the educational service	28092
center not later than the fifth day of April. The superintendent	28093
shall review the total estimate and shall notify the board of	28094
county commissioners not later than twenty days after receipt of	28095
the estimate of either agreement with the estimate or any specific	28096
objections to the estimates and the reasons for the objections. If	28097
the superintendent agrees with the estimate, it shall become the	28098
final total estimate of cost. Failure of the superintendent to	28099
make objections to the estimate by the twentieth day after receipt	28100
of it shall be deemed to mean that the superintendent is in	28101
agreement with the estimate.	28102

If the superintendent provides specific objections to the	28103
board of county commissioners, the board shall review the	28104
objections and may modify the original estimate and shall send a	28105
revised total estimate to the superintendent within ten days after	28106
the receipt of the superintendent's objections. The superintendent	28107
shall respond to the revised estimate within ten days after its	28108
receipt. If the superintendent agrees with it, it shall become the	28109
final total estimated cost. If the superintendent fails to respond	28110
within the required time, the superintendent shall be deemed to	28111
have agreed with the revised estimate. If the superintendent	28112
disagrees with the revised estimate, the superintendent shall send	28113
specific objections to the county commissioners.	28114

If a superintendent has sent specific objections to the	28115
revised estimate within the required time, the probate judge of	28116
the county which has the greatest number of resident local school	28117
district pupils under the supervision of the educational service	28118
center shall determine the final estimated cost and certify this	28119
amount to the superintendent and the board of county commissioners	28120
prior to the first day of July.	28121

(D)(1) A board of county commissioners shall be responsible	28122
for the following percentages of the final total estimated cost	28123
established by division (C) of this section:	28124

(a) Eighty per cent for fiscal year 2003;

28125

(b) Sixty per cent for fiscal year 2004;

28126

(c) Forty per cent for fiscal year 2005;

28127

(d) Twenty per cent for fiscal year 2006.

28128

In fiscal years 2003, 2004, 2005, and 2006 the educational	28129
service center shall be responsible for the remainder of any costs	28130
in excess of the amounts specified in division (D)(1)(a),(b), or	28131
(c), or (d) of this section, as applicable, associated with the	28132
provision and equipment of offices for the educational service	28133
center and for provision of heat, light, water, and janitorial	28134
services for such offices, including any unanticipated or	28135
unexpected increases in the costs beyond the final estimated cost	28136
amount.	28137

Beginning in fiscal year 2007, no board of county	28138
commissioners shall have any obligation to provide and equip	28139
offices for an educational service center or to provide heat,	28140
light, water, or janitorial services for such offices.	28141

(2) Nothing in this section shall prohibit the board of	28142
county commissioners and the governing board of an educational	28143
service center from entering into a contract for providing and	28144
equipping offices for the use of an educational service center and	28145
for providing heat, light, water, and janitorial services for such	28146
offices. The term of any such contract shall not exceed a period	28147
of four years and may be renewed for additional periods not to	28148
exceed four years. Any such contract shall supersede the	28149
provisions of division (D)(1) of this section and no educational	28150
service center may be charged, at any time, any additional amount	28151
for the county's provision of an office and equipment, heat,	28152
light, water, and janitorial services beyond the amount specified	28153
in such contract.	28154

(3) No contract entered into under division (D)(2) of this	28155
section in any year prior to fiscal year 2007 between an	28156
educational service center formed under section 3311.053 or	28157
3311.059 of the Revised Code and the board of county commissioners	28158
required to provide and equip its office pursuant to division (B)	28159
of this section shall take effect unless the boards of county	28160
commissioners of all other counties required to participate in the	28161
funding for such offices pursuant to division (B) of this section	28162
adopt resolutions approving the contract.	28163

Sec. 3319.22.  (A)(1) The state board of education shall	28164
adopt rules establishing the standards and requirements for	28165
obtaining temporary, associate, provisional, and professional	28166
educator licenses of any categories, types, and levels the board	28167
elects to provide. However, no educator license shall be required	28168
for teaching children two years old or younger.	28169

(2) If the state board requires any examinations for educator	28170
licensure, the department of education shall provide the results	28171
of such examinations to the Ohio board of regents, in the form and	28172
manner requested by the board of regents.	28173

(B) Any rules the state board of education adopts, amends, or	28174
rescinds for educator licenses under this section, division (D) of	28175
section 3301.07 of the Revised Code, or any other law shall be	28176
adopted, amended, or rescinded under Chapter 119. of the Revised	28177
Code except as follows:	28178

(1) Notwithstanding division (D) of section 119.03 and	28179
division (A)(1) of section 119.04 of the Revised Code, the	28180
effective date of any rules, or amendment or rescission of any	28181
rules, shall not be as prescribed in division (D) of section	28182
119.03 and division (A)(1) of section 119.04 of the Revised Code.	28183
Instead, the effective date shall be the date prescribed by	28184
section 3319.23 of the Revised Code.	28185

(2) Notwithstanding the authority to adopt, amend, or rescind	28186
emergency rules in division (F) of section 119.03 of the Revised	28187
Code, this authority shall not apply to the state board of	28188
education with regard to rules for educator licenses.	28189

(C)(1) The rules adopted under this section establishing	28190
standards requiring additional coursework for the renewal of any	28191
educator license shall require a school district and a chartered	28192
nonpublic school to establish local professional development	28193
committees. In a nonpublic school, the chief administrative	28194
officer shall establish the committees in any manner acceptable to	28195
such officer. The committees established under this division shall	28196
determine whether coursework that a district or chartered	28197
nonpublic school teacher proposes to complete meets the	28198
requirement of the rules. The rules shall establish a procedure by	28199
which a teacher may appeal the decision of a local professional	28200
development committee.	28201

(2) In any school district in which there is no exclusive	28202
representative established under Chapter 4117. of the Revised	28203
Code, the professional development committees shall be established	28204
as described in division (C)(2) of this section.	28205

Not later than the effective date of the rules adopted under	28206
this section, the board of education of each school district shall	28207
establish the structure for one or more local professional	28208
development committees to be operated by such school district. The	28209
committee structure so established by a district board shall	28210
remain in effect unless within thirty days prior to an anniversary	28211
of the date upon which the current committee structure was	28212
established, the board provides notice to all affected district	28213
employees that the committee structure is to be modified.	28214
Professional development committees may have a district-level or	28215
building-level scope of operations, and may be established with	28216
regard to particular grade or age levels for which an educator	28217
license is designated.	28218

Each professional development committee shall consist of at	28219
least three classroom teachers employed by the district, one	28220
principal employed by the district, and one other employee of the	28221
district appointed by the district superintendent. For committees	28222
with a building-level scope, the teacher and principal members	28223
shall be assigned to that building, and the teacher members shall	28224
be elected by majority vote of the classroom teachers assigned to	28225
that building. For committees with a district-level scope, the	28226
teacher members shall be elected by majority vote of the classroom	28227
teachers of the district, and the principal member shall be	28228
elected by a majority vote of the principals of the district,	28229
unless there are two or fewer principals employed by the district,	28230
in which case the one or two principals employed shall serve on	28231
the committee. If a committee has a particular grade or age level	28232
scope, the teacher members shall be licensed to teach such grade	28233
or age levels, and shall be elected by majority vote of the	28234
classroom teachers holding such a license and the principal shall	28235
be elected by all principals serving in buildings where any such	28236
teachers serve. The district superintendent shall appoint a	28237
replacement to fill any vacancy that occurs on a professional	28238
development committee, except in the case of vacancies among the	28239
elected classroom teacher members, which shall be filled by vote	28240
of the remaining members of the committee so selected.	28241

Terms of office on professional development committees shall	28242
be prescribed by the district board establishing the committees.	28243
The conduct of elections for members of professional development	28244
committees shall be prescribed by the district board establishing	28245
the committees. A professional development committee may include	28246
additional members, except that the majority of members on each	28247
such committee shall be classroom teachers employed by the	28248
district. Any member appointed to fill a vacancy occurring prior	28249
to the expiration date of the term for which a predecessor was	28250
appointed shall hold office as a member for the remainder of that	28251
term.	28252

The initial meeting of any professional development	28253
committee, upon election and appointment of all committee members,	28254
shall be called by a member designated by the district	28255
superintendent. At this initial meeting, the committee shall	28256
select a chairperson and such other officers the committee deems	28257
necessary, and shall adopt rules for the conduct of its meetings.	28258
Thereafter, the committee shall meet at the call of the	28259
chairperson or upon the filing of a petition with the district	28260
superintendent signed by a majority of the committee members	28261
calling for the committee to meet.	28262

(3) In the case of a school district in which an exclusive	28263
representative has been established pursuant to Chapter 4117. of	28264
the Revised Code, professional development committees shall be	28265
established in accordance with any collective bargaining agreement	28266
in effect in the district that includes provisions for such	28267
committees.	28268

If the collective bargaining agreement does not specify a	28269
different method for the selection of teacher members of the	28270
committees, the exclusive representative of the district's	28271
teachers shall select the teacher members.	28272

If the collective bargaining agreement does not specify a	28273
different structure for the committees, the board of education of	28274
the school district shall establish the structure, including the	28275
number of committees and the number of teacher and administrative	28276
members on each committee; the specific administrative members to	28277
be part of each committee; whether the scope of the committees	28278
will be district levels, building levels, or by type of grade or	28279
age levels for which educator licenses are designated; the lengths	28280
of terms for members; the manner of filling vacancies on the	28281
committees; and the frequency and time and place of meetings.	28282
However, in all cases, except as provided in division (C)(4) of	28283
this section, there shall be a majority of teacher members of any	28284
professional development committee, there shall be at least five	28285
total members of any professional development committee, and the	28286
exclusive representative shall designate replacement members in	28287
the case of vacancies among teacher members, unless the collective	28288
bargaining agreement specifies a different method of selecting	28289
such replacements.	28290

(4) Whenever an administrator's coursework plan is being	28291
discussed or voted upon, the local professional development	28292
committee shall, at the request of one of its administrative	28293
members, cause a majority of the committee to consist of	28294
administrative members by reducing the number of teacher members	28295
voting on the plan.	28296

(D)(1) The department of education, educational service	28297
centers, county boards of mental retardation and developmental	28298
disabilities, regional professional development centers, special	28299
education regional resource centers, college and university	28300
departments of education, head start programs, the Ohio SchoolNet	28301
commission, and the Ohio education computer network may establish	28302
local professional development committees to determine whether the	28303
coursework proposed by their employees who are licensed or	28304
certificated under this section or section 3319.222 of the Revised	28305
Code meet the requirements of the rules adopted under this	28306
section. They may establish local professional development	28307
committees on their own or in collaboration with a school district	28308
or other agency having authority to establish them.	28309

Local professional development committees established by	28310
county boards of mental retardation and developmental disabilities	28311
shall be structured in a manner comparable to the structures	28312
prescribed for school districts in divisions (C)(2) and (3) of	28313
this section, as shall the committees established by any other	28314
entity specified in division (D)(1) of this section that provides	28315
educational services by employing or contracting for services of	28316
classroom teachers licensed or certificated under this section or	28317
section 3319.222 of the Revised Code. All other entities specified	28318
in division (D)(1) of this section shall structure their	28319
committees in accordance with guidelines which shall be issued by	28320
the state board.	28321

(2) Any public agency that is not specified in division	28322
(D)(1) of this section but provides educational services and	28323
employs or contracts for services of classroom teachers licensed	28324
or certificated under this section or section 3319.222 of the	28325
Revised Code may establish a local professional development	28326
committee, subject to the approval of the department of education.	28327
The committee shall be structured in accordance with guidelines	28328
issued by the state board.	28329

Sec. 3319.33.  On or before the first day of August in each	28330
year, the board of education of each city and, exempted village,	28331
and local school district shall report to the state board of	28332
education, and the board of each local school district shall	28333
report to the superintendent of the educational service center,	28334
the school statistics of its district. Such report shall be made	28335
on forms furnished by the state board of education and shall	28336
contain such information as the state board of education requires.	28337
The report shall also set forth with respect to each civil	28338
proceeding in which the board of education is a defendant and each	28339
civil proceeding in which the board of education is a party and is	28340
not a defendant and in which one of the other parties is a board	28341
of education in this state or an officer, board, or official of	28342
this state:	28343

(A) The nature of the proceeding;

28344

(B) The capacity in which the board is a party to the	28345
proceeding;	28346

(C) The total expenses incurred by the board with respect to	28347
the proceeding;	28348

(D) The total expenses incurred by the board with respect to	28349
the proceeding during the reporting period.	28350

Divisions (A) to (D) of this section do not apply to any	28351
proceeding for which no expenses have been incurred during the	28352
reporting period.	28353

The board of education of each city and, exempted village,	28354
and local school district may prepare and publish annually a	28355
report of the condition and administration of the schools under	28356
its supervision which shall include therein an exhibit of the	28357
financial affairs of the district and the information required in	28358
divisions (A) to (D) of this section. Such annual report shall be	28359
for a full year.	28360

Sec. 3319.36.  (A) No treasurer of a board of education or	28361
educational service center shall draw a check for the payment of a	28362
teacher for services until the teacher files with the treasurer	28363
both of the following:	28364

(1) Such reports as are required by the state board of	28365
education, the school district board of education, or the	28366
superintendent of schools;	28367

(2) Except for a teacher who is engaged pursuant to section	28368
3319.301 of the Revised Code and except as provided under division	28369
(B) of this section, a written statement from the city or,	28370
exempted village, or local school district superintendent or the	28371
educational service center superintendent that the teacher has	28372
filed with the treasurer a legal educator license or internship	28373
certificate, or true copy of it, to teach the subjects or grades	28374
taught, with the dates of its validity. The state board of	28375
education shall prescribe the record and administration for such	28376
filing of educator licenses and internship certificates in	28377
educational service centers.	28378

(B) If the board of education of a local school district and	28379
the governing board of the educational service center of which the	28380
local district is a part have entered into an agreement under	28381
division (B) of section 3319.07 of the Revised Code, the agreement	28382
may also require the superintendent of the local school district,	28383
instead of the superintendent of the educational service center,	28384
to administer the filing of educator licenses and internship	28385
certificates for the local school district and to provide to the	28386
teachers of the district the written statements required in	28387
division (A)(2) of this section. While such an agreement is in	28388
effect between a local school district and an educational service	28389
center, a teacher employed by the local district shall file a	28390
legal educator license or internship certificate, or true copy of	28391
it, with the superintendent of the local district and that	28392
superintendent shall provide to the teacher the written statement	28393
required by division (A)(2) of this section.	28394

(C) Notwithstanding division (A) of this section, the	28395
treasurer may pay either of the following:	28396

(1) Any teacher for services rendered during the first two	28397
months of the teacher's initial employment with the school	28398
district or educational service center, provided such teacher is	28399
the holder of a bachelor's degree or higher and has filed with the	28400
state board of education an application for the issuance of a	28401
provisional or professional educator license.	28402

(2) Any substitute teacher for services rendered while	28403
conditionally employed under section 3319.101 of the Revised Code.	28404

(D)(C) Upon notice to the treasurer given by the state board	28405
of education or any superintendent having jurisdiction that	28406
reports required of a teacher have not been made, the treasurer	28407
shall withhold the salary of the teacher until the required	28408
reports are completed and furnished.	28409

Sec. 3323.16.  No unit for deaf children shall be disapproved	28410
for funding under division (B) or (D)(1) of section 3317.05 of the	28411
Revised Code on the basis of the methods of instruction used in	28412
educational programs in the school district or institution to	28413
teach deaf children to communicate, and no preference in approving	28414
units for funding shall be given by the state board for teaching	28415
deaf children by the oral, manual, total communication, or other	28416
method of instruction.	28417

Sec. 3327.01.  Notwithstanding division (D) of section	28418
3311.19 and division (D) of section 3311.52 of the Revised Code,	28419
this section and sections 3327.011, 3327.012, and 3327.02 of the	28420
Revised Code do not apply to any joint vocational or cooperative	28421
education school district.	28422

In all city, local, and exempted village school districts	28423
where resident school pupils in grades kindergarten through eight	28424
live more than two miles from the school for which the state board	28425
of education prescribes minimum standards pursuant to division (D)	28426
of section 3301.07 of the Revised Code and to which they are	28427
assigned by the board of education of the district of residence or	28428
to and from the nonpublic or community school which they attend	28429
the board of education shall provide transportation for such	28430
pupils to and from such school except as provided in section	28431
3327.02 of the Revised Code.	28432

In all city, local, and exempted village school districts the	28433
board may provide transportation for resident school pupils in	28434
grades nine through twelve to and from the high school to which	28435
they are assigned by the board of education of the district of	28436
residence or to and from the nonpublic or community high school	28437
which they attend for which the state board of education	28438
prescribes minimum standards pursuant to division (D) of section	28439
3301.07 of the Revised Code.	28440

A board of education shall not be required to transport	28441
elementary or high school pupils to and from a nonpublic or	28442
community school where such transportation would require more than	28443
thirty minutes of direct travel time as measured by school bus	28444
from the collection point aspublic school building to which the	28445
pupils would be assigned if attending the public school designated	28446
by the coordinator of school transportation, appointed under	28447
section 3327.011 of the Revised Code, for the attendance area of	28448
the district of residence.	28449

Where it is impractical to transport a pupil by school	28450
conveyance, a board of education may offer payment, in lieu of	28451
providing such transportation in accordance with section 3327.02	28452
of the Revised Code.	28453

In all city, local, and exempted village school districts the	28454
board shall provide transportation for all children who are so	28455
crippled that they are unable to walk to and from the school for	28456
which the state board of education prescribes minimum standards	28457
pursuant to division (D) of section 3301.07 of the Revised Code	28458
and which they attend. In case of dispute whether the child is	28459
able to walk to and from the school, the health commissioner shall	28460
be the judge of such ability. In all city, exempted village, and	28461
local school districts the board shall provide transportation to	28462
and from school or special education classes for educable mentally	28463
retarded children in accordance with standards adopted by the	28464
state board of education.	28465

When transportation of pupils is provided the conveyance	28466
shall be run on a time schedule that shall be adopted and put in	28467
force by the board not later than ten days after the beginning of	28468
the school term.	28469

The cost of any transportation service authorized by this	28470
section shall be paid first out of federal funds, if any,	28471
available for the purpose of pupil transportation, and secondly	28472
out of state appropriations, in accordance with regulations	28473
adopted by the state board of education.	28474

No transportation of any pupils shall be provided by any	28475
board of education to or from any school which in the selection of	28476
pupils, faculty members, or employees, practices discrimination	28477
against any person on the grounds of race, color, religion, or	28478
national origin.	28479

Sec. 3327.011. Coordinators of school transportation shall	28480
be appointed according to provisions of section 3301.13 of the	28481
Revised Code to assure that each pupil, as provided in section	28482
3327.01 of the Revised Code, is transported to and from the school	28483
which he attends in a safe, expedient, and economical manner using	28484
public school collection points, routes, and schedules.	28485

In determining how best to provide such transportation, where	28486
persons or firms on or after April 1, 1965, were providing	28487
transportation to and from schools pursuant to contracts with	28488
persons or agencies responsible for the operation of such schools,	28489
a coordinator or the board of education responsible for	28490
transportation in accordance with section 3327.01 of the Revised	28491
Code shall give preference if economically feasible during the	28492
term of any such contract to the firm or person providing such	28493
transportation. The boards of education within the county or group	28494
of counties shall recommend to the coordinator ofestablish	28495
transportation routes, schedules, and utilization of	28496
transportation equipment. The coordinator, upon receipt of such	28497
recommendations, shall establish transportation routes, schedules,	28498
and utilization of transportation equipment, following such	28499
recommendations to whatever extent is feasible. The appeals from	28500
the determination of the coordinatorboard of education	28501
responsible for transportation shall be taken to the state board	28502
of education.	28503

Sec. 3329.06.  The board of education of each city, exempted	28504
village, and local school district shall furnish, free of charge,	28505
the necessary textbooks to the pupils attending the public	28506
schools. In lieu of textbooks, district boards may furnish	28507
electronic textbooks to pupils attending the public schools,	28508
provided the electronic textbooks are furnished free of charge. A	28509
district board that chooses to furnish electronic textbooks to	28510
pupils attending school in the district shall provide reasonable	28511
access to the electronic textbooks and other necessary computer	28512
equipment to pupils in the district who are required to complete	28513
homework assignments, and teachers providing homework assignments,	28514
utilizing electronic textbooks furnished by the district board.	28515
Pupils wholly or in part supplied with necessary textbooks or	28516
electronic textbooks shall be supplied only as other or new	28517
textbooks or electronic textbooks are needed. A board may limit	28518
its purchase and ownership of textbooks or electronic textbooks	28519
needed for its schools to six subjects per year, the cost of which	28520
shall not exceed twenty-five per cent of the entire cost of	28521
adoption. All textbooks or electronic textbooks furnished as	28522
provided in this section shall be the property of the district,	28523
and loaned to the pupils on such terms as each such board	28524
prescribes. In order to carry out sections 3329.01 to 3329.10 of	28525
the Revised Code, each board, in the preparation of its annual	28526
budget, shall include as a separate item the amount which the	28527
board finds necessary to administer such sections and such amount	28528
shall not be subject to transfer to any other fund.	28529

Sec. 3329.08.  At any regular meeting, the board of education	28530
of each local school district, from lists adopted by the	28531
educational service center governing board, and the board of	28532
education of each city and exempted village school district shall	28533
determine by a majority vote of all members elected or appointed	28534
under division (B) or (F) of section 3311.71 of the Revised Code	28535
which of such textbooks or electronic textbooks so filed shall be	28536
used in the schools under its control. Except for periodic and	28537
normal updating of electronic textbooks, no textbooks or	28538
electronic textbooks shall be changed, nor any part thereof	28539
altered or revised, nor any other textbook or electronic textbook	28540
substituted therefor, within four years after the date of	28541
selection and adoption thereof, as shown by the official records	28542
of such boards, except by the consent, at a regular meeting, of	28543
four-fifths of all members elected thereto. Textbooks or	28544
electronic textbooks so substituted shall be adopted for the full	28545
term of four years.	28546

Sec. 3332.04.  The state board of career colleges and schools	28547
may appoint an executive director and such other staff as may be	28548
required for the performance of the board's duties and provide	28549
necessary facilities. In selecting an executive director, the	28550
board shall appoint an individual with a background or experience	28551
in the regulation of commerce, business, or education. The board	28552
may also arrange for services and facilities to be provided by the	28553
state board of education and the Ohio board of regents. All	28554
receipts of the board shall be deposited in the state treasury to	28555
the credit of the general revenueoccupational licensing and	28556
regulatory fund.	28557

Sec. 3333.12.  (A) As used in this section:

28558

(1) "Eligible student" means an undergraduate student who is:

28559

(a) An Ohio resident;

28560

(b) Enrolled in either of the following:

28561

(i) An accredited institution of higher education in this	28562
state that meets the requirements of Title VI of the Civil Rights	28563
Act of 1964 and is state-assisted, is nonprofit and has a	28564
certificate of authorization from the Ohio board of regents	28565
pursuant to Chapter 1713. of the Revised Code, has a certificate	28566
of registration from the state board of career colleges and	28567
schools and program authorization to award an associate or	28568
bachelor's degree, or is a private institution exempt from	28569
regulation under Chapter 3332. of the Revised Code as prescribed	28570
in section 3333.046 of the Revised Code. Students who attend an	28571
institution that holds a certificate of registration shall be	28572
enrolled in a program leading to an associate or bachelor's degree	28573
for which associate or bachelor's degree program the institution	28574
has program authorization issued under section 3332.05 of the	28575
Revised Code.	28576

(ii) A technical education program of at least two years	28577
duration sponsored by a private institution of higher education in	28578
this state that meets the requirements of Title VI of the Civil	28579
Rights Act of 1964.	28580

(c) Enrolled as a full-time student or enrolled as a less	28581
than full-time student for the term expected to be the student's	28582
final term of enrollment and is enrolled for the number of credit	28583
hours necessary to complete the requirements of the program in	28584
which the student is enrolled.	28585

(2) "Gross income" includes all taxable and nontaxable income	28586
of the parents, the student, and the student's spouse, except	28587
income derived from an Ohio academic scholarship, income earned by	28588
the student between the last day of the spring term and the first	28589
day of the fall term, and other income exclusions designated by	28590
the board. Gross income may be verified to the board by the	28591
institution in which the student is enrolled using the federal	28592
financial aid eligibility verification process or by other means	28593
satisfactory to the board.	28594

(3) "Resident," "full-time student," "dependent,"	28595
"financially independent," and "accredited" shall be defined by	28596
rules adopted by the board.	28597

(B) The Ohio board of regents shall establish and administer	28598
an instructional grant program and may adopt rules to carry out	28599
this section. The general assembly shall support the instructional	28600
grant program by such sums and in such manner as it may provide,	28601
but the board may also receive funds from other sources to support	28602
the program. If the amounts available for support of the program	28603
are inadequate to provide grants to all eligible students,	28604
preference in the payment of grants shall be given in terms of	28605
income, beginning with the lowest income category of gross income	28606
and proceeding upward by category to the highest gross income	28607
category.	28608

An instructional grant shall be paid to an eligible student	28609
through the institution in which the student is enrolled, except	28610
that no instructional grant shall be paid to any person serving a	28611
term of imprisonment. Applications for such grants shall be made	28612
as prescribed by the board, and such applications may be made in	28613
conjunction with and upon the basis of information provided in	28614
conjunction with student assistance programs funded by agencies of	28615
the United States government or from financial resources of the	28616
institution of higher education. The institution shall certify	28617
that the student applicant meets the requirements set forth in	28618
divisions (A)(1)(b) and (c) of this section. Instructional grants	28619
shall be provided to an eligible student only as long as the	28620
student is making appropriate progress toward a nursing diploma or	28621
an associate or bachelor's degree. No student shall be eligible to	28622
receive a grant for more than ten semesters, fifteen quarters, or	28623
the equivalent of five academic years. A grant made to an eligible	28624
student on the basis of less than full-time enrollment shall be	28625
based on the number of credit hours for which the student is	28626
enrolled and shall be computed in accordance with a formula	28627
adopted by the board. No student shall receive more than one grant	28628
on the basis of less than full-time enrollment.	28629

An instructional grant shall not exceed the total	28630
instructional and general charges of the institution.	28631

(C) The tables in this division prescribe the maximum grant	28632
amounts covering two semesters, three quarters, or a comparable	28633
portion of one academic year. Grant amounts for additional terms	28634
in the same academic year shall be determined under division (D)	28635
of this section.	28636

For a full-time student who is a dependent and enrolled in a	28637
nonprofit educational institution that is not a state-assisted	28638
institution and that has a certificate of authorization issued	28639
pursuant to Chapter 1713. of the Revised Code, the amount of the	28640
instructional grant for two semesters, three quarters, or a	28641
comparable portion of the academic year shall be determined in	28642
accordance with the following table:	28643

Private Institution

28645

Table of Grants

28646

For a full-time student who is financially independent and	28667
enrolled in a nonprofit educational institution that is not a	28668
state-assisted institution and that has a certificate of	28669
authorization issued pursuant to Chapter 1713. of the Revised	28670
Code, the amount of the instructional grant for two semesters,	28671
three quarters, or a comparable portion of the academic year shall	28672
be determined in accordance with the following table:	28673

Private Institution

28675

Table of Grants

28676

For a full-time student who is a dependent and enrolled in an	28714
educational institution that holds a certificate of registration	28715
from the state board of career colleges and schools or a private	28716
institution exempt from regulation under Chapter 3332. of the	28717
Revised Code as prescribed in section 3333.046 of the Revised	28718
Code, the amount of the instructional grant for two semesters,	28719
three quarters, or a comparable portion of the academic year shall	28720
be determined in accordance with the following table:	28721

Career Institution

28722

Table of Grants

28723

For a full-time student who is financially independent and	28744
enrolled in an educational institution that holds a certificate of	28745
registration from the state board of career colleges and schools	28746
or a private institution exempt from regulation under Chapter	28747
3332. of the Revised Code as prescribed in section 3333.046 of the	28748
Revised Code, the amount of the instructional grant for two	28749
semesters, three quarters, or a comparable portion of the academic	28750
year shall be determined in accordance with the following table:	28751

Career Institution

28752

Table of Grants

28753

For a full-time student who is a dependent and enrolled in a	28791
state-assisted educational institution, the amount of the	28792
instructional grant for two semesters, three quarters, or a	28793
comparable portion of the academic year shall be determined in	28794
accordance with the following table:	28795

Public Institution

28796

Table of Grants

28797

For a full-time student who is financially independent and	28818
enrolled in a state-assisted educational institution, the amount	28819
of the instructional grant for two semesters, three quarters, or a	28820
comparable portion of the academic year shall be determined in	28821
accordance with the following table:	28822

Public Institution

28823

Table of Grants

28824

(D) For a full-time student enrolled in an eligible	28862
institution for a semester or quarter in addition to the portion	28863
of the academic year covered by a grant determined under division	28864
(C) of this section, the maximum grant amount shall be a	28865
percentage of the maximum prescribed in the applicable table of	28866
that division. The maximum grant for a fourth quarter shall be	28867
one-third of the maximum amount prescribed under that division.	28868
The maximum grant for a third semester shall be one-half of the	28869
maximum amount prescribed under that division.	28870

(E) No grant shall be made to any student in a course of	28871
study in theology, religion, or other field of preparation for a	28872
religious profession unless such course of study leads to an	28873
accredited bachelor of arts, bachelor of science, associate of	28874
arts, or associate of science degree.	28875

(F)(1) Except as provided in division (F)(2) of this section,	28876
no grant shall be made to any student for enrollment during a	28877
fiscal year in an institution with a cohort default rate	28878
determined by the United States secretary of education pursuant to	28879
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	28880
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	28881
preceding the fiscal year, equal to or greater than thirty per	28882
cent for each of the preceding two fiscal years.	28883

(2) Division (F)(1) of this section does not apply to the	28884
following:	28885

(a) Any student enrolled in an institution that under the	28886
federal law appeals its loss of eligibility for federal financial	28887
aid and the United States secretary of education determines its	28888
cohort default rate after recalculation is lower than the rate	28889
specified in division (F)(1) of this section or the secretary	28890
determines due to mitigating circumstances the institution may	28891
continue to participate in federal financial aid programs. The	28892
board shall adopt rules requiring institutions to provide	28893
information regarding an appeal to the board.	28894

(b) Any student who has previously received a grant under	28895
this section who meets all other requirements of this section.	28896

(3) The board shall adopt rules for the notification of all	28897
institutions whose students will be ineligible to participate in	28898
the grant program pursuant to division (F)(1) of this section.	28899

(4) A student's attendance at an institution whose students	28900
lose eligibility for grants under division (F)(1) of this section	28901
shall not affect that student's eligibility to receive a grant	28902
when enrolled in another institution.	28903

(G) Institutions of higher education that enroll students	28904
receiving instructional grants under this section shall report to	28905
the board all students who have received instructional grants but	28906
are no longer eligible for all or part of such grants and shall	28907
refund any moneys due the state within thirty days after the	28908
beginning of the quarter or term immediately following the quarter	28909
or term in which the student was no longer eligible to receive all	28910
or part of the student's grant. There shall be an interest charge	28911
of one per cent per month on all moneys due and payable after such	28912
thirty-day period. The board shall immediately notify the office	28913
of budget and management and the legislative service commission of	28914
all refunds so received.	28915

Sec. 3333.16.  As used in this section "state institution of	28916
higher education" means an institution of higher education as	28917
defined in section 3345.12 of the Revised Code.	28918

(A) By April 15, 2005, the Ohio board of regents shall do all	28919
of the following:	28920

(1) Establish policies and procedures applicable to all state	28921
institutions of higher education that ensure that students can	28922
begin higher education at any state institution of higher	28923
education and transfer coursework and degrees to any other state	28924
institution of higher education without unnecessary duplication or	28925
institutional barriers. The purpose of this requirement is to	28926
allow students to attain their highest educational aspirations in	28927
the most efficient and effective manner for the students and the	28928
state. These policies and procedures shall require state	28929
institutions of higher education to make changes or modifications,	28930
as needed, to strengthen course content so as to ensure	28931
equivalency for that course at any state institution of higher	28932
education.	28933

(2) Develop and implement a universal course equivalency	28934
classification system for state institutions of higher education	28935
so that the transfer of students and the transfer and articulation	28936
of equivalent courses or specified learning modules or units	28937
completed by students are not inhibited by inconsistent judgment	28938
about the application of transfer credits. Coursework completed	28939
within such a system at one state institution of higher education	28940
and transferred to another institution shall be applied to the	28941
student's degree objective in the same manner as equivalent	28942
coursework completed at the receiving institution.	28943

(3) Develop a system of transfer policies that ensure that	28944
graduates with associate degrees which include completion of	28945
approved transfer modules shall be admitted to a state institution	28946
of higher education baccalaureate program, except specific limited	28947
access programs or majors that have admission requirements other	28948
than academic performance, and shall have priority over	28949
out-of-state associate degree graduates and transfer students. To	28950
assist a student in advising and transferring, all state	28951
institutions of higher education shall fully implement the course	28952
applicability system.	28953

(4) Examine the feasibility of developing a transfer	28954
marketing agenda that includes materials and interactive	28955
technology to inform the citizens of Ohio about the availability	28956
of transfer options at state institutions of higher education and	28957
to encourage adults to return to colleges and universities for	28958
additional education;	28959

(5) Study, in consultation with the state board of career	28960
colleges and schools, and in light of existing criteria and any	28961
other criteria developed by the articulation and transfer advisory	28962
council, the feasibility of credit recognition and transferability	28963
to state institutions of higher education for graduates who have	28964
received associate degrees from a career college or school with a	28965
certificate of registration from the state board of career	28966
colleges and schools under Chapter 3332. of the Revised Code.	28967

(B) By April 15, 2004, the board shall report to the general	28968
assembly on its progress in attaining completion of the actions	28969
prescribed in division (A) of this section.	28970

(C) All provisions of the existing articulation and transfer	28971
policy developed by the board shall remain in effect except where	28972
amended by this act.	28973

Sec. 3333.38.  (A) As used in this section:

28974

(1) "Institution of higher education" includes all of the	28975
following:	28976

(a) A state institution of higher education, as defined in	28977
section 3345.011 of the Revised Code;	28978

(b) A nonprofit institution issued a certificate of	28979
authorization by the Ohio board of regents under Chapter 1713. of	28980
the Revised Code;	28981

(c) A private institution exempt from regulation under	28982
Chapter 3332. of the Revised Code, as prescribed in section	28983
3333.046 of the Revised Code;	28984

(d) An institution of higher education with a certificate of	28985
registration from the state board of career colleges and schools	28986
under Chapter 3332. of the Revised Code.	28987

(2) "Student financial assistance supported by state funds"	28988
includes assistance granted under sections 3315.33, 3333.12,	28989
3333.21, 3333.26, 3333.27, 3333.28, 3333.29, 3333.372, 5910.03,	28990
5910.032, and 5919.34 of the Revised Code and any other	28991
post-secondary student financial assistance supported by state	28992
funds.	28993

(B) An individual who is convicted of, pleads guilty to, or	28994
is adjudicated a delinquent child for one of the following	28995
offenses shall be permanently ineligible to receive any student	28996
financial assistance supported by state funds at an institution of	28997
higher education:	28998

(1) A violation of section 2917.02 or 2917.03 of the Revised	28999
Code;	29000

(2) A violation of section 2917.04 of the Revised Code that	29001
is a misdemeanor of the fourth degree and occurs within the	29002
proximate area where four or more others are acting in a course of	29003
conduct in violation of section 2917.11 of the Revised Code;	29004

(3) A violation of section 2917.13 of the Revised Code that	29005
is a misdemeanor of the fourth or first degree and occurs within	29006
the proximate area where four or more others are acting in a	29007
course of conduct in violation of section 2917.11 of the Revised	29008
Code.	29009

Sec. 3333.50. There is hereby created the board of regents	29010
awards and initiatives fund, which shall be in the custody of the	29011
treasurer of state but shall not be part of the state treasury.	29012
The chancellor of the board of regents may deposit such receipts	29013
into the fund as the board of regents determines appropriate from	29014
awards, prizes, grants, and gifts received by the board. No	29015
revenues derived from appropriations made by the state or student	29016
fees or student charges shall be deposited into the fund. The	29017
treasurer of state shall invest any portion of the fund not needed	29018
for immediate use in the same manner as state funds are invested.	29019
All investment earnings of the fund shall be deposited into the	29020
fund. The chancellor may use the fund in support of awards and	29021
other initiatives approved by the board. All disbursements from	29022
the fund shall be made by the treasurer of state pursuant to	29023
vouchers signed by the chancellor.	29024

Sec. 3353.11.  There is hereby created in the state treasury	29025
the governmental television/telecommunications operating fund. The	29026
fund shall consist of money received from contract productions of	29027
the Ohio government telecommunications studio and shall be used	29028
for operations or equipment breakdowns related to the studio. Only	29029
Ohio government telecommunications may authorize the spending of	29030
money in the fund. All investment earnings of the fund shall be	29031
credited to the fund. Once the fund has a balance of zero, the	29032
fund shall cease to exist.	29033

Sec. 3361.01.  (A) There is hereby created a state university	29034
to be known as the "university of Cincinnati." The government of	29035
the university of Cincinnati is vested in a board of eleven	29036
trustees who shall be appointed by the governor with the advice	29037
and consent of the senate. Two of the trustees shall be students	29038
at the university of Cincinnati, and their selection and terms	29039
shall be in accordance with division (B) of this section. The	29040
terms of the first nine members of the board of trustees shall	29041
commence upon the effective date of the transfer of assets of the	29042
state-affiliated university of Cincinnati to the university of	29043
Cincinnati hereby created. One of such trustees shall be appointed	29044
for a term ending on the first day of January occurring at least	29045
twelve months after such date of transfer, and each of the other	29046
trustees shall be appointed for respective terms ending on each	29047
succeeding first day of January, so that one term will expire on	29048
each first day of January after expiration of the shortest term.	29049
Except for the two student trustees, each successor trustee shall	29050
be appointed for a term ending on the first day of January, nine	29051
years from the expiration date of the term hethe trustee	29052
succeeds, except that any person appointed to fill a vacancy shall	29053
be appointed to serve only for the unexpired term.	29054

Any trustee shall continue in office subsequent to the	29055
expiration date of histhe trustee's term until histhe trustee's	29056
successor takes office, or until a period of sixty days has	29057
elapsed, whichever occurs first.	29058

No person who has served a full nine-year term or longer or	29059
more than six years of such a term shall be eligible to	29060
reappointment. No person is eligible for appointment to the board	29061
of trustees for a full nine-year term who is not at the time of	29062
appointment a resident of the city of Cincinnati, unless at the	29063
time of such appointment there are at least five members of the	29064
board who are not students and who are residents of the city of	29065
Cincinnati.	29066

The trustees shall receive no compensation for their services	29067
but shall be paid their reasonable necessary expenses while	29068
engaged in the discharge of their official duties. A majority of	29069
the board constitutes a quorum.	29070

(B) The student members of the board of trustees of the	29071
university of Cincinnati have no voting power on the board.	29072
Student members shall not be considered as members of the board in	29073
determining whether a quorum is present. Student members shall not	29074
be entitled to attend executive sessions of the board. The student	29075
members of the board shall be appointed by the governor, with the	29076
advice and consent of the senate, from a group of five candidates	29077
selected pursuant to a procedure adopted by the university's	29078
student governments and approved by the university's board of	29079
trustees. The initial term of office of one of the student members	29080
shall commence on May 14, 1988 and shall expire on May 13, 1989,	29081
and the initial term of office of the other student member shall	29082
commence on May 14, 1988 and expire on May 13, 1990. Thereafter,	29083
terms of office of student members shall be for two years, each	29084
term ending on the same day of the same month of the year as the	29085
term it succeeds. In the event that a student cannot fulfill hisa	29086
two-year term, a replacement shall be selected to fill the	29087
unexpired term in the same manner used to make the original	29088
selection.	29089

Sec. 3375.41.  When a board of library trustees appointed	29090
pursuant to sections 3375.06, 3375.10, 3375.12, 3375.15, 3375.22,	29091
and 3375.30 of the Revised Code determines to construct, demolish,	29092
alter, repair, or reconstruct a library or make any improvements	29093
or repairs, the cost of which will exceed fifteentwenty-five	29094
thousand dollars, except in cases of urgent necessity or for the	29095
security and protection of library property, it shall proceed as	29096
follows:	29097

(A) The board shall advertise for a period of four weeks for	29098
bids in some newspaper of general circulation in the district, and	29099
if there are two such papers, the board shall advertise in both of	29100
them. If no newspaper has a general circulation in the district,	29101
the board shall advertise by posting suchthe advertisement in	29102
three public places thereinin the district. SuchThe	29103
advertisement shall be entered in full by the clerk on the record	29104
of proceedings of the board.	29105

(B) The sealed bids shall be filed with the clerk by twelve	29106
noon of the last day stated in the advertisement.	29107

(C) The bids shall be opened at the next meeting of the	29108
board, shall be publicly read by the clerk, and shall be entered	29109
in full on the records of the board; provided, that the board may,	29110
by resolution, may provide for the public opening and reading of	29111
suchthe bids by the clerk, immediately after the time for filing	29112
suchthe bids has expired, at the usual place of meeting of the	29113
board, and for the tabulation of suchthe bids and a report of	29114
suchthe tabulation to the board at its next meeting.	29115

(D) Each bid shall contain the name of every person	29116
interested therein,in it and shall meet the requirements of	29117
section 153.54 of the Revised Code.	29118

(E) When both labor and materials are embraced in the work	29119
bid for, the board may require that each be separately stated in	29120
the bid, with the price thereofof each, or may require that bids	29121
be submitted without suchthat separation.	29122

(F) None but the lowest responsible bid shall be accepted.	29123
The board may reject all the bids or accept any bid for both labor	29124
and material for suchthe improvement or repair which is the	29125
lowest in the aggregate.	29126

(G) The contract shall be between the board and the bidders.	29127
The board shall pay the contract price for the work in cash at the	29128
times and in the amounts as provided by sections 153.12, 153.13,	29129
and 153.14 of the Revised Code.	29130

(H) When two or more bids are equal, in whole or in part, and	29131
are lower than any others, either may be accepted, but in no case	29132
shall the work be divided between such bidders.	29133

(I) When there is reason to believe there is collusion or	29134
combination among the bidders, the bids of those concerned in such	29135
the collusion or combination shall be rejected.	29136

Sec. 3377.01.  As used in Chapter 3377. of the Revised Code:

29137

(A) "Educational institution" or "institution" means an	29138
educational institution organized not for profit and holding an	29139
effective certificate of authorization issued under section	29140
1713.02 of the Revised Code. It does not include any institution	29141
created by or in accordance with Title XXXIII of the Revised Code	29142
nor any institution whose principal educational activity is	29143
preparing students for or granting degrees, diplomas, and other	29144
marks of deficiency which have value only in religious and	29145
ecclesiastical fields.	29146

(B) "Educational facility" or "facility" means any building,	29147
structure, facility, equipment, machinery, utility, or	29148
improvement, site, or other interest in real estate therefor or	29149
pertinent thereto, and equipment and furnishings to be used	29150
therein or in connection therewith, together with any	29151
appurtenances necessary or convenient to the uses thereof, to be	29152
used for or in connection with the conduct or operation of an	29153
educational institution, including but not limited to, classrooms	29154
and other instructional facilities, laboratories, research	29155
facilities, libraries, study facilities, administrative and office	29156
facilities, museums, gymnasiums, campus walks, drives and site	29157
improvements, dormitories and other suitable living quarters or	29158
accommodations, dining halls and other food service and	29159
preparation facilities, student services or activity facilities,	29160
physical education, athletic and recreational facilities,	29161
theatres, auditoriums, assembly and exhibition halls, greenhouses,	29162
agricultural buildings and facilities, parking, storage and	29163
maintenance facilities, infirmary, hospital, medical, and health	29164
facilities, continuing education facilities, communications, fire	29165
prevention, and fire fighting facilities, and any one, or any	29166
combination of the foregoing, whether or not comprising part of	29167
one building, structure, or facility. It does not include any	29168
facility used for sectarian instruction or study orexclusively as	29169
a place for devotional activities or religious worship.	29170

(C) "Bond proceedings" means the resolution or resolutions,	29171
the trust agreement, the indenture of mortgage, or combination	29172
thereof authorizing or providing for the terms and conditions	29173
applicable to bonds issued under authority of Chapter 3377. of the	29174
Revised Code.	29175

(D) "Pledged facilities" means the project or other property	29176
that is mortgaged or the rentals, revenues, and other income,	29177
charges, and moneys from which are pledged, or both, for the	29178
payment of or the security for the payment of the principal of and	29179
interest on the bonds issued under the authority of section	29180
3377.05 or 3377.06 of the Revised Code.	29181

(E) "Project" means real or personal property, or both,	29182
acquired by gift or purchase, constructed, reconstructed,	29183
enlarged, remodeled, renovated, improved, furnished, or equipped,	29184
or any combination thereof, by or financed by the Ohio higher	29185
educational facility commission, or by funds that are refinanced	29186
or reimbursed by the commission for use by an educational	29187
institution as an educational facility located within the state.	29188

(F) "Project costs" means the costs of acquiring,	29189
constructing, equipping, furnishing, reconstructing, remodeling,	29190
renovating, enlarging, and improving educational facilities	29191
comprising one or more project, including costs connected with or	29192
incidental thereto, provision of capitalized interest prior to and	29193
during construction and for a period after the completion of the	29194
construction, appropriate reserves, architectural, engineering,	29195
financial, and legal services, and all other costs of financing,	29196
and the repayment or restoration of moneys borrowed or advanced	29197
for such purposes or temporarily used therefor from other sources,	29198
and means the costs of refinancing obligations issued or loans	29199
incurred by, or reimbursement of money advanced, invested or	29200
expended by, educational institutions or others the proceeds of	29201
which obligations or loans or the amounts advanced, invested or	29202
expended were used at any time for the payment of project costs,	29203
if the Ohio higher educational facility commission determines that	29204
the refinancing or reimbursement advances the purposes of this	29205
chapter, whether or not the refinancing or reimbursement is in	29206
conjunction with the acquisition or construction of additional	29207
educational facilities.	29208

Sec. 3377.06.  In anticipation of the issuance of bonds	29209
authorized by section 3377.05 of the Revised Code, the Ohio higher	29210
educational facility commission may issue bond anticipation notes	29211
of the state and may renew the same from time to time by the	29212
issuance of new notes, but the maximum maturity of such notes,	29213
including renewals thereof, shall not exceed five years from the	29214
date of the issuance of the original notes. Such notes are payable	29215
solely from the revenues and receipts that may be pledged to the	29216
payment of such bonds or from the proceeds of such bonds, or both,	29217
as the commission provides in its resolution authorizing such	29218
notes, and may be additionally secured by covenants of the	29219
commission to the effect that the commission will do such or all	29220
things necessary for the issuance of such bonds, or of renewal	29221
notes under this section in appropriate amount, and either	29222
exchange such bonds or renewal notes therefor or apply the	29223
proceeds thereof to the extent necessary to make full payment on	29224
such notes at the time or times contemplated, as provided in such	29225
resolution. Subject to the provisions of this section, all	29226
provisions for and references to bonds in Chapter 3377. of the	29227
Revised Code are applicable to notes authorized under this section	29228
and any references therein to bondholders shall include holders or	29229
owners of such notes.	29230

Prior to the sale of bonds or notes authorized under section	29231
3377.05 or 3377.06 of the Revised Code, the commission shall	29232
determine that the project to be financed thereby will contribute	29233
to the objectives stated in section 3377.02 of the Revised Code	29234
and that the educational institution to which such project is to	29235
be leased, sold, exchanged, or otherwise disposed of, admits	29236
students without discrimination by reason of race, creed, color,	29237
or national origin. Nothing in this section prohibits an	29238
educational institution from requesting that its applicants for	29239
admission demonstrate beliefs or principles consistent with the	29240
mission of the institution.	29241

Sec. 3379.11.  There is hereby created in the state treasury	29242
the gifts and donations fund. The fund shall consist of gifts and	29243
donations made to the Ohio arts council and fees paid for	29244
conferences the council sponsors. The fund shall be used to pay	29245
for the council's operating expenses, including, but not limited	29246
to, payroll, personal services, maintenance, equipment, and	29247
subsidy payments. All moneys deposited into the fund shall be	29248
received and expended pursuant to the council's duty to foster and	29249
encourage the development of the arts in this state and the	29250
preservation of the state's cultural heritage.	29251

Sec. 3383.01.  As used in this chapter:

29252

(A) "Arts" means any of the following:

29253

(1) Visual, musical, dramatic, graphic, design, and other	29254
arts, including, but not limited to, architecture, dance,	29255
literature, motion pictures, music, painting, photography,	29256
sculpture, and theater, and the provision of training or education	29257
in these arts;	29258

(2) The presentation or making available, in museums or other	29259
indoor or outdoor facilities, of principles of science and their	29260
development, use, or application in business, industry, or	29261
commerce or of the history, heritage, development, presentation,	29262
and uses of the arts described in division (A)(1) of this section	29263
and of transportation;	29264

(3) The preservation, presentation, or making available of	29265
features of archaeological, architectural, environmental, or	29266
historical interest or significance in a state historical facility	29267
or a local historical facility.	29268

(B) "Arts organization" means either of the following:

29269

(1) A governmental agency or Ohio nonprofit corporation that	29270
provides programs or activities in areas directly concerned with	29271
the arts;	29272

(2) A regional arts and cultural district as defined in	29273
section 3381.01 of the Revised Code.	29274

(C) "Arts project" means all or any portion of an Ohio arts	29275
facility for which the general assembly has specifically	29276
authorized the spending of money, or made an appropriation,	29277
pursuant to division (D)(3) or (E) of section 3383.07 of the	29278
Revised Code.	29279

(D) "Cooperative contract" means a contract between the Ohio	29280
arts and sports facilities commission and an arts organization	29281
providing the terms and conditions of the cooperative use of an	29282
Ohio arts facility.	29283

(E) "Costs of operation" means amounts required to manage an	29284
Ohio arts facility that are incurred following the completion of	29285
construction of its arts project, provided that both of the	29286
following apply:	29287

(1) Those amounts either:

29288

(a) Have been committed to a fund dedicated to that purpose;

29289

(b) Equal the principal of any endowment fund, the income	29290
from which is dedicated to that purpose.	29291

(2) The commission and the arts organization have executed an	29292
agreement with respect to either of those funds.	29293

(F) "General building services" means general building	29294
services for an Ohio arts facility or an Ohio sports facility,	29295
including, but not limited to, general custodial care, security,	29296
maintenance, repair, painting, decoration, cleaning, utilities,	29297
fire safety, grounds and site maintenance and upkeep, and	29298
plumbing.	29299

(G) "Governmental agency" means a state agency, a	29300
state-supported or state-assisted institution of higher education,	29301
a municipal corporation, county, township, or school district, a	29302
port authority created under Chapter 4582. of the Revised Code,	29303
any other political subdivision or special district in this state	29304
established by or pursuant to law, or any combination of these	29305
entities; except where otherwise indicated, the United States or	29306
any department, division, or agency of the United States, or any	29307
agency, commission, or authority established pursuant to an	29308
interstate compact or agreement.	29309

(H) "Local contributions" means the value of an asset	29310
provided by or on behalf of an arts organization from sources	29311
other than the state, the value and nature of which shall be	29312
approved by the Ohio arts and sports facilities commission, in its	29313
sole discretion. "Local contributions" may include the value of	29314
the site where an arts project is to be constructed. All "local	29315
contributions," except a contribution attributable to such a site,	29316
shall be for the costs of construction of an arts project or the	29317
costs of operation of an arts facility.	29318

(I) "Local historical facility" means a site or facility,	29319
other than a state historical facility, of archaeological,	29320
architectural, environmental, or historical interest or	29321
significance, or a facility, including a storage facility,	29322
appurtenant to the operations of such a site or facility, that is	29323
owned by an arts organization, provided the facility meets the	29324
requirements of division (K)(2)(b) of this section, is managed by	29325
or pursuant to a contract with the Ohio arts and sports facilities	29326
commission, and is used for or in connection with the activities	29327
of the commission, including the presentation or making available	29328
of arts to the public.	29329

(J) "Manage," "operate," or "management" means the provision	29330
of, or the exercise of control over the provision of, activities:	29331

(1) Relating to the arts for an Ohio arts facility, including	29332
as applicable, but not limited to, providing for displays,	29333
exhibitions, specimens, and models; booking of artists,	29334
performances, or presentations; scheduling; and hiring or	29335
contracting for directors, curators, technical and scientific	29336
staff, ushers, stage managers, and others directly related to the	29337
arts activities in the facility; but not including general	29338
building services;	29339

(2) Relating to sports and athletic events for an Ohio sports	29340
facility, including as applicable, but not limited to, providing	29341
for booking of athletes, teams, and events; scheduling; and hiring	29342
or contracting for staff, ushers, managers, and others directly	29343
related to the sports and athletic events in the facility; but not	29344
including general building services.	29345

(K) "Ohio arts facility" means any of the following:

29346

(1) The three theaters located in the state office tower at	29347
77 South High street in Columbus;	29348

(2) Any capital facility in this state to which both of the	29349
following apply:	29350

(a) The construction of an arts project related to the	29351
facility was authorized or funded by the general assembly pursuant	29352
to division (D)(3) of section 3383.07 of the Revised Code and	29353
proceeds of state bonds are used for costs of the arts project.	29354

(b) The facility is managed directly by, or is subject to a	29355
cooperative or management contract with, the Ohio arts and sports	29356
facilities commission, and is used for or in connection with the	29357
activities of the commission, including the presentation or making	29358
available of arts to the public and the provision of training or	29359
education in the arts. A cooperative or management contract shall	29360
be for a term not less than the time remaining to the date of	29361
payment or provision for payment of any state bonds issued to pay	29362
the costs of the arts project, as determined by the director of	29363
budget and management and certified by the director to the Ohio	29364
arts and sports facilities commission and to the Ohio building	29365
authority.	29366

(3) A state historical facility or a local historical	29367
facility.	29368

(L) "State agency" means the state or any of its branches,	29369
officers, boards, commissions, authorities, departments,	29370
divisions, or other units or agencies.	29371

(M) "Construction" includes acquisition, including	29372
acquisition by lease-purchase, demolition, reconstruction,	29373
alteration, renovation, remodeling, enlargement, improvement, site	29374
improvements, and related equipping and furnishing.	29375

(N) "State historical facility" means a site or facility of	29376
archaeological, architectural, environmental, or historical	29377
interest or significance, or a facility, including a storage	29378
facility, appurtenant to the operations of such a site or	29379
facility, that is owned by or is located on real property owned by	29380
the state or by an arts organization, so long as the real property	29381
of the arts organization is contiguous to state-owned real	29382
property that is in the care, custody, and control of an arts	29383
organization, and that is managed directly by or is subject to a	29384
cooperative or management contract with the Ohio arts and sports	29385
facilities commission and is used for or in connection with the	29386
activities of the commission, including the presentation or making	29387
available of arts to the public.	29388

(O) "Ohio sports facility" means all or a portion of a	29389
stadium, arena, or other capital facility in this state, a primary	29390
purpose of which is to provide a site or venue for the	29391
presentation to the public of events of one or more major or minor	29392
league professional athletic or sports teams that are associated	29393
with the state or with a city or region of the state, which	29394
facility is owned by or is located on real property owned by the	29395
state or a governmental agency, and including all parking	29396
facilities, walkways, and other auxiliary facilities, equipment,	29397
furnishings, and real and personal property and interests and	29398
rights therein, that may be appropriate for or used for or in	29399
connection with the facility or its operation, for capital costs	29400
of which state funds are spent pursuant to this chapter. A	29401
facility constructed as an Ohio sports facility may be both an	29402
Ohio arts facility and an Ohio sports facility.	29403

Sec. 3383.07.  (A) The department of administrative services	29404
shall provide for the construction of an arts project in	29405
conformity with Chapter 153. of the Revised Code, except as	29406
follows:	29407

(1) For an arts project that has an estimated construction	29408
cost, excluding the cost of acquisition, of twenty-five million	29409
dollars or more, and that is financed by the Ohio building	29410
authority, construction services may be provided by the authority	29411
if the authority determines it should provide those services.	29412

(2) For an arts project other than a state historical	29413
facility, construction services may be provided on behalf of the	29414
state by the Ohio arts and sports facilities commission, or by a	29415
governmental agency or an arts organization that occupies, will	29416
occupy, or is responsible for the Ohio arts facility, as	29417
determined by the commission. Construction services to be provided	29418
by a governmental agency or an arts organization shall be	29419
specified in an agreement between the commission and the	29420
governmental agency or arts organization. The agreement, or any	29421
actions taken under it, are not subject to Chapter 123. or 153. of	29422
the Revised Code, except for sections 123.151 and 153.011 of the	29423
Revised Code, and shall be subject to Chapter 4115. of the Revised	29424
Code.	29425

(3) For an arts project that is a state historical facility,	29426
construction services may be provided by the Ohio arts and sports	29427
facilities commission or by an arts organization that occupies,	29428
will occupy, or is responsible for the facility, as determined by	29429
the commission. The construction services to be provided by the	29430
arts organization shall be specified in an agreement between the	29431
commission and the arts organization. That agreement, and any	29432
actions taken under it, are not subject to Chapter 123., 153., or	29433
4115. of the Revised Code.	29434

(B) For an Ohio sports facility that is financed in part by	29435
the Ohio building authority, construction services shall be	29436
provided on behalf of the state by or at the direction of the	29437
governmental agency or nonprofit corporation that will own or be	29438
responsible for the management of the facility, all as determined	29439
by the Ohio arts and sports facilities commission. Any	29440
construction services to be provided by a governmental agency or	29441
nonprofit corporation shall be specified in an agreement between	29442
the commission and the governmental agency or nonprofit	29443
corporation. That agreement, and any actions taken under it, are	29444
not subject to Chapter 123. or 153. of the Revised Code, except	29445
for sections 123.151 and 153.011 of the Revised Code, and shall be	29446
subject to Chapter 4115. of the Revised Code.	29447

(C) General building services for an Ohio arts facility shall	29448
be provided by the Ohio arts and sports facilities commission or	29449
by an arts organization that occupies, will occupy, or is	29450
responsible for the facility, as determined by the commission,	29451
except that the Ohio building authority may elect to provide those	29452
services for Ohio arts facilities financed with proceeds of state	29453
bonds issued by the authority. The costs of management and general	29454
building services shall be paid by the arts organization that	29455
occupies, will occupy, or is responsible for the facility as	29456
provided in an agreement between the commission and the arts	29457
organization, except that the state may pay for general building	29458
services for state-owned arts facilities constructed on	29459
state-owned land.	29460

General building services for an Ohio sports facility shall	29461
be provided by or at the direction of the governmental agency or	29462
nonprofit corporation that will be responsible for the management	29463
of the facility, all as determined by the commission. Any general	29464
building services to be provided by a governmental agency or	29465
nonprofit corporation for an Ohio sports facility shall be	29466
specified in an agreement between the commission and the	29467
governmental agency or nonprofit corporation. That agreement, and	29468
any actions taken under it, are not subject to Chapter 123. or	29469
153. of the Revised Code, except for sections 123.151 and 153.011	29470
of the Revised Code, and shall be subject to Chapter 4115. of the	29471
Revised Code.	29472

(D) This division does not apply to a state historical	29473
facility. No state funds, including any state bond proceeds, shall	29474
be spent on the construction of any arts project under this	29475
chapter unless, with respect to the arts project and to the Ohio	29476
arts facility related to the project, all of the following apply:	29477

(1) The Ohio arts and sports facilities commission has	29478
determined that there is a need for the arts project and the Ohio	29479
arts facility related to the project in the region of the state in	29480
which the Ohio arts facility is located or for which the facility	29481
is proposed.	29482

(2) The commission has determined that, as an indication of	29483
substantial regional support for the arts project, the arts	29484
organization has made provision satisfactory to the commission, in	29485
its sole discretion, for local contributions amounting to not less	29486
than fifty per cent of the total state funding for the arts	29487
project.	29488

(3) The general assembly has specifically authorized the	29489
spending of money on, or made an appropriation for, the	29490
construction of the arts project, or for rental payments relating	29491
to the financing of the construction of the arts project.	29492
Authorization to spend money, or an appropriation, for planning	29493
the arts project does not constitute authorization to spend money	29494
on, or an appropriation for, construction of the arts project.	29495

(E) No state funds, including any state bond proceeds, shall	29496
be spent on the construction of any state historical facility	29497
under this chapter unless the general assembly has specifically	29498
authorized the spending of money on, or made an appropriation for,	29499
the construction of the arts project related to the facility, or	29500
for rental payments relating to the financing of the construction	29501
of the arts project. Authorization to spend money, or an	29502
appropriation, for planning the arts project does not constitute	29503
authorization to spend money on, or an appropriation for, the	29504
construction of the arts project.	29505

(F) State funds shall not be used to pay or reimburse more	29506
than fifteen per cent of the initial estimated construction cost	29507
of an Ohio sports facility, excluding any site acquisition cost,	29508
and no state funds, including any state bond proceeds, shall be	29509
spent on any Ohio sports facility under this chapter unless, with	29510
respect to that facility, all of the following apply:	29511

(1) The Ohio arts and sports facilities commission has	29512
determined that there is a need for the facility in the region of	29513
the state for which the facility is proposed to provide the	29514
function of an Ohio sports facility as provided for in this	29515
chapter.	29516

(2) As an indication of substantial local support for the	29517
facility, the commission has received a financial and development	29518
plan satisfactory to it, and provision has been made, by agreement	29519
or otherwise, satisfactory to the commission, for a contribution	29520
amounting to not less than eighty-five per cent of the total	29521
estimated construction cost of the facility, excluding any site	29522
acquisition cost, from sources other than the state.	29523

(3) The general assembly has specifically authorized the	29524
spending of money on, or made an appropriation for, the	29525
construction of the facility, or for rental payments relating to	29526
state financing of all or a portion of the costs of constructing	29527
the facility. Authorization to spend money, or an appropriation,	29528
for planning or determining the feasibility of or need for the	29529
facility does not constitute authorization to spend money on, or	29530
an appropriation for, costs of constructing the facility.	29531

(4) If state bond proceeds are being used for the Ohio sports	29532
facility, the state or a governmental agency owns or has	29533
sufficient property interests in the facility or in the site of	29534
the facility or in the portion or portions of the facility	29535
financed from proceeds of state bonds, which may include, but is	29536
not limited to, the right to use or to require the use of the	29537
facility for the presentation of sport and athletic events to the	29538
public at the facility, extending for a period of not less than	29539
the greater of the useful life of the portion of the facility	29540
financed from proceeds of those bonds as determined using the	29541
guidelines for maximum maturities as provided under divisions (B),	29542
(C), and (D) of section 133.20 of the Revised Code, or the period	29543
of time remaining to the date of payment or provision for payment	29544
of outstanding state bonds allocable to costs of the facility, all	29545
as determined by the director of budget and management and	29546
certified by the director to the Ohio arts and sports facilities	29547
commission and to the Ohio building authority.	29548

Sec. 3501.011.  (A) Except as otherwise provided in divisions	29549
(B) and (C) of this section, and except as otherwise provided in	29550
any section of Title XXXV of the Revised Code to the contrary, as	29551
used in the sections of the Revised Code relating to elections and	29552
political communications, whenever a person is required to sign or	29553
affix a signature to a declaration of candidacy, nominating	29554
petition, declaration of intent to be a write-in candidate,	29555
initiative petition, referendum petition, recall petition, or any	29556
other kind of petition, or to sign or affix a signature on any	29557
other document that is filed with or transmitted to a board of	29558
elections or the office of the secretary of state, "sign" or	29559
"signature" means that person's written, cursive-style legal mark	29560
written in that person's own hand.	29561

(B) For persons who do not use a cursive-style legal mark	29562
during the course of their regular business and legal affairs,	29563
"sign" or "signature" means that person's other legal mark that	29564
the person uses during the course of that person's regular	29565
business and legal affairs that is written in the person's own	29566
hand.	29567

(C) Any voter registration record requiring a person's	29568
signature shall be signed using the person's legal mark used in	29569
the person's regular business and legal affairs. For any purpose	29570
described in division (A) of this section, the legal mark of a	29571
registered elector shall be considered to be the mark of that	29572
elector as it appears on the elector's voter registration record.	29573

Sec. 3501.18.  (A) The board of elections may divide a	29574
political subdivision, within its jurisdiction, into precincts	29575
and, establish, define, divide, rearrange, and combine the several	29576
election precincts within its jurisdiction, and change the	29577
location of the polling place for each precinct when it is	29578
necessary to maintain the requirements as to the number of voters	29579
in a precinct and to provide for the convenience of the voters and	29580
the proper conduct of elections, provided that no. No change in	29581
the number of precincts or in precinct boundaries shall be made	29582
during the twenty-five days immediately preceding a primary or	29583
general election noror between the first day of January and the	29584
day on which the members of county central committees are elected	29585
in the years in which those committees are elected. Except as	29586
otherwise provided in division (C) of this section, each precinct	29587
shall contain a number of electors, not to exceed one thousand	29588
four hundred, that the board of elections determines to be a	29589
reasonable number after taking into consideration the type and	29590
amount of available equipment, prior voter turnout, the size and	29591
location of each selected polling place, available parking,	29592
availability of an adequate number of poll workers, and handicap	29593
accessibility and other accessibility to the polling place.	29594

If the board changes the boundaries of a precinct after the	29595
filing of a local option election petition pursuant to sections	29596
4301.32 to 4301.41, 4303.29, or 4305.14 of the Revised Code that	29597
calls for a local option election to be held in that precinct, the	29598
local option election shall be held in the area that constituted	29599
the precinct at the time the local option petition was filed,	29600
regardless of the change in the boundaries.	29601

If the board changes the boundaries of a precinct in order to	29602
meet the requirements of division (B)(1) of this section in a	29603
manner that causes a member of a county central committee to no	29604
longer qualify as a representative of an election precinct in the	29605
county, of a ward of a city in the county, or of a township in the	29606
county, the member shall continue to represent the precinct, ward,	29607
or township for the remainder of the member's term, regardless of	29608
the change in boundaries.	29609

In an emergency, the board may provide more than one polling	29610
place in a precinct. In order to provide for the convenience of	29611
the voters, the board may locate polling places for voting or	29612
registration outside the boundaries of precincts, provided that	29613
the nearest public school or public building shall be used if the	29614
board determines it to be available and suitable for use as a	29615
polling place. Except in an emergency, no change in the number or	29616
location of the polling places in a precinct shall be made during	29617
the twenty-five days immediately preceding a primary or general	29618
election.	29619

Electors who have failed to respond within thirty days to any	29620
confirmation notice shall not be counted in determining the size	29621
of any precinct under this section.	29622

(B)(1) Except as otherwise provided in division (B)(2) or (3)	29623
of this section, not later than August 1, 2000, thea board of	29624
elections shall determine all precinct boundaries using	29625
geographical units used by the United States department of	29626
commerce, bureau of the census, in reporting the decennial census	29627
of Ohio.	29628

(2) When any part of the boundary of a precinct also forms a	29629
part of the boundary of a legislative district and the precinct	29630
boundary cannot be determined by August 1, 2000, using the	29631
geographical units described in division (B)(1) of this section	29632
without making that part of the precinct boundary that also forms	29633
part of the legislative district boundary different from that	29634
legislative district boundary, the board of elections may	29635
determine the boundary of that precinct using the geographical	29636
units described in division (B)(1) of this section not later than	29637
April 1, 2002. As used in this division, legislative district	29638
means a district determined under Article XI of the Ohio	29639
Constitution.	29640

(3) The board of elections may apply to the secretary of	29641
state for a waiver from the requirement of division (B)(1) of this	29642
section when it is not feasible to comply with that requirement	29643
because of unusual physical boundaries or residential development	29644
practices that would cause unusual hardship for voters. The board	29645
shall identify the affected precincts and census units, explain	29646
the reason for the waiver request, and include a map illustrating	29647
where the census units will be split because of the requested	29648
waiver. If the secretary of state approves the waiver and so	29649
notifies the board of elections in writing, the board may change a	29650
precinct boundary as necessary under this section, notwithstanding	29651
the requirement in division (B)(1) of this section.	29652

(C) The board of elections may apply to the secretary of	29653
state for a waiver from the requirement of division (A) of this	29654
section regarding the number of electors in a precinct when the	29655
use of geographical units used by the United States department of	29656
commerce, bureau of the census, will cause a precinct to contain	29657
more than one thousand four hundred electors. The board shall	29658
identify the affected precincts and census units, explain the	29659
reason for the waiver request, and include a map illustrating	29660
where census units will be split because of the requested waiver.	29661
If the secretary of state approves the waiver and so notifies the	29662
board of elections in writing, the board may change a precinct	29663
boundary as necessary to meet the requirements of division (B)(1)	29664
of this section.	29665

Sec. 3501.30. (A) The board of elections shall provide for	29666
each polling place the necessary ballot boxes, official ballots,	29667
cards of instructions, registration forms, pollbooks, or poll	29668
lists, tally sheets, forms on which to make summary statements,	29669
writing implements, paper, and all other supplies necessary for	29670
casting and counting the ballots and recording the results of the	29671
voting at suchthe polling place. SuchThe pollbooks or poll lists	29672
shall have certificates appropriately printed thereonon them for	29673
the signatures of all the precinct officials, by which they shall	29674
certify that, to the best of their knowledge and belief, saidthe	29675
pollbooks or poll lists correctly show the names of all electors	29676
who voted in suchthe polling place at the election indicated	29677
thereinin the pollbook or poll list.	29678

AAll of the following shall be included among the supplies	29679
provided to each polling place:	29680

(1) A large map of each appropriate precinct shall be	29681
included among the supplies to each polling place, which shall be	29682
displayed prominently to assist persons who desire to register or	29683
vote on election day. Each map shall show all streets within the	29684
precinct and contain identifying symbols of the precinct in bold	29685
print.	29686

Such supplies shall also include a(2) Any materials,	29687
postings, or instructions required to comply with state or federal	29688
laws;	29689

(3) A flag of the United States approximately two and	29690
one-half feet in length along the top, which shall be displayed	29691
outside the entrance to the polling place during the time it is	29692
open for voting. Two;	29693

(4) Two or more small flags of the United States	29694
approximately fifteen inches in length along the top shall be	29695
provided and, which shall be placed at a distance of one hundred	29696
feet from the polling place on the thoroughfares or walkways	29697
leading to the polling place, to mark the distance within which	29698
persons other than election officials, witnesses, challengers,	29699
police officers, and electors waiting to mark, marking, or casting	29700
their ballots shall not loiter, congregate, or engage in any kind	29701
of election campaigning. Where small flags cannot reasonably be	29702
placed one hundred feet from the polling place, the presiding	29703
election judge shall place the flags as near to one hundred feet	29704
from the entrance to the polling place as is physically possible.	29705
Police officers and all election officials shall see that this	29706
prohibition against loitering and congregating is enforced. When	29707

When the period of time during which the polling place is	29708
open for voting expires, all of saidthe flags described in this	29709
division shall be taken into the polling place, and shall be	29710
returned to the board together with all other election materials	29711
and supplies required to be delivered to suchthe board.	29712

(B) The board of elections shall follow the instructions and	29713
advisories of the secretary of state in the production and use of	29714
polling place supplies.	29715

Sec. 3503.10.  (A) Each designated agency shall designate one	29716
person within that agency to serve as coordinator for the voter	29717
registration program within the agency and its departments,	29718
divisions, and programs. The designated person shall be trained	29719
under a program designed by the secretary of state and shall be	29720
responsible for administering all aspects of the voter	29721
registration program for that agency as prescribed by the	29722
secretary of state. The designated person shall receive no	29723
additional compensation for performing such duties.	29724

(B) Every designated agency, public high school and	29725
vocational school, public library, and office of a county	29726
treasurer shall provide in each of its offices or locations voter	29727
registration applications and assistance in the registration of	29728
persons qualified to register to vote, in accordance with this	29729
chapter.	29730

(C) Every designated agency shall distribute to its	29731
applicants, prior to or in conjunction with distributing a voter	29732
registration application, a form prescribed by the secretary of	29733
state that includes all of the following:	29734

(1) The question, "Do you want to register to vote or update	29735
your current voter registration?"--followed by boxes for the	29736
applicant to indicate whether the applicant would like to register	29737
or decline to register to vote, and the statement, highlighted in	29738
bold print, "If you do not check either box, you will be	29739
considered to have decided not to register to vote at this time.";	29740

(2) If the agency provides public assistance, the statement,	29741
"Applying to register or declining to register to vote will not	29742
affect the amount of assistance that you will be provided by this	29743
agency.";	29744

(3) The statement, "If you would like help in filling out the	29745
voter registration application form, we will help you. The	29746
decision whether to seek or accept help is yours. You may fill out	29747
the application form in private.";	29748

(4) The statement, "If you believe that someone has	29749
interfered with your right to register or to decline to register	29750
to vote, your right to privacy in deciding whether to register or	29751
in applying to register to vote, or your right to choose your own	29752
political party or other political preference, you may file a	29753
complaint with the prosecuting attorney of your county or with the	29754
secretary of state," with the address and telephone number for	29755
each such official's office.	29756

(D) Each designated agency shall distribute a voter	29757
registration form prescribed by the secretary of state to each	29758
applicant with each application for service or assistance, and	29759
with each written application or form for recertification,	29760
renewal, or change of address.	29761

(E) Each designated agency shall do all of the following:

29762

(1) Have employees trained to administer the voter	29763
registration program in order to provide to each applicant who	29764
wishes to register to vote and who accepts assistance, the same	29765
degree of assistance with regard to completion of the voter	29766
registration application as is provided by the agency with regard	29767
to the completion of its own form;	29768

(2) Accept completed voter registration applications, voter	29769
registration change of residence forms, and voter registration	29770
change of name forms, regardless of whether the application or	29771
form was distributed by the designated agency, for transmittal to	29772
the office of the board of elections in the county in which the	29773
agency is located. Each designated agency and the appropriate	29774
board of elections shall establish a method by which the voter	29775
registration applications and other voter registration forms are	29776
transmitted to that board of elections within five days after	29777
being accepted by the agency.	29778

(3) If the designated agency is one that is primarily engaged	29779
in providing services to persons with disabilities under a	29780
state-funded program, and that agency provides services to a	29781
person with disabilities at a person's home, provide the services	29782
described in divisions (E)(1) and (2) of this section at the	29783
person's home;	29784

(4) Keep as confidential, except as required by the secretary	29785
of state for record-keeping purposes, the identity of an agency	29786
through which a person registered to vote or updated the person's	29787
voter registration records, and information relating to a	29788
declination to register to vote made in connection with a voter	29789
registration application issued by a designated agency.	29790

(F) The secretary of state shall prepare and transmit written	29791
instructions on the implementation of the voter registration	29792
program within each designated agency, public high school and	29793
vocational school, public library, and office of a county	29794
treasurer. The instructions shall include directions as follows:	29795

(1) That each person designated to assist with voter	29796
registration maintain strict neutrality with respect to a person's	29797
political philosophies, a person's right to register or decline to	29798
register, and any other matter that may influence a person's	29799
decision to register or not register to vote;	29800

(2) That each person designated to assist with voter	29801
registration not seek to influence a person's decision to register	29802
or not register to vote, not display or demonstrate any political	29803
preference or party allegiance, and not make any statement to a	29804
person or take any action the purpose or effect of which is to	29805
lead a person to believe that a decision to register or not	29806
register has any bearing on the availability of services or	29807
benefits offered, on the grade in a particular class in school, or	29808
on credit for a particular class in school;	29809

(3) Regarding when and how to assist a person in completing	29810
the voter registration application, what to do with the completed	29811
voter registration application or voter registration update form,	29812
and when the application must be transmitted to the appropriate	29813
board of elections;	29814

(4) Regarding what records must be kept by the agency and	29815
where and when those records should be transmitted to satisfy	29816
reporting requirements imposed on the secretary of state under the	29817
National Voter Registration Act of 1993;	29818

(5) Regarding whom to contact to obtain answers to questions	29819
about voter registration forms and procedures.	29820

(G) If the voter registration activity is part of an in-class	29821
voter registration program in a public high school or vocational	29822
school, whether prescribed by the secretary of state or	29823
independent of the secretary of state, the board of education	29824
shall do all of the following:	29825

(1) Establish a schedule of school days and hours during	29826
these days when the person designated to assist with voter	29827
registration shall provide voter registration assistance;	29828

(2) Designate a person to assist with voter registration from	29829
the public high school's or vocational school's staff;	29830

(3) Make voter registration applications and materials	29831
available, as outlined in the voter registration program	29832
established by the secretary of state pursuant to section 3501.05	29833
of the Revised Code;	29834

(4) Distribute the statement, "applying to register or	29835
declining to register to vote will not affect or be a condition of	29836
your receiving a particular grade in or credit for a school course	29837
or class, participating in a curricular or extracurricular	29838
activity, receiving a benefit or privilege, or participating in a	29839
program or activity otherwise available to pupils enrolled in this	29840
school district's schools.";	29841

(5) Establish a method by which the voter registration	29842
application and other voter registration forms are transmitted to	29843
the board of elections within five days after being accepted by	29844
the public high school or vocational school.	29845

(H) Any person employed by the designated agency, public high	29846
school or vocational school, public library, or office of a county	29847
treasurer may be designated to assist with voter registration	29848
pursuant to this section. The designated agency, public high	29849
school or vocational school, public library, or office of a county	29850
treasurer shall provide the designated person, and make available	29851
such space as may be necessary, without charge to the county or	29852
state.	29853

(I) The secretary of state shall prepare and cause to be	29854
displayed in a prominent location in each designated agency a	29855
notice that identifies the person designated to assist with voter	29856
registration, the nature of that person's duties, and where and	29857
when that person is available for assisting in the registration of	29858
voters.	29859

A designated agency may furnish additional supplies and	29860
services to disseminate information to increase public awareness	29861
of the existence of a person designated to assist with voter	29862
registration in every designated agency.	29863

(J) This section does not limit any authority a board of	29864
education, superintendent, or principal has to allow, sponsor, or	29865
promote voluntary election registration programs within a high	29866
school or vocational school, including programs in which pupils	29867
serve as persons designated to assist with voter registration,	29868
provided that no pupil is required to participate.	29869

(K) Each public library and office of the county treasurer	29870
shall establish a method by which voter registration forms are	29871
transmitted to the board of elections within five days after being	29872
accepted by the public library or office of the county treasurer.	29873

(L) The department of job and family services and its	29874
departments, divisions, and programs shall limit administration of	29875
the aspects of the voter registration program for the department	29876
to the requirements prescribed by the secretary of state and the	29877
requirements of this section and the National Voter Registration	29878
Act of 1993.	29879

Sec. 3505.01.  On the sixtieth day before the day of the next	29880
general election, the secretary of state shall certify to the	29881
board of elections of each county the forms of the official	29882
ballots to be used at suchthat general election, together with	29883
the names of the candidates to be printed thereonon those ballots	29884
whose candidacy is to be submitted to the electors of the entire	29885
state. In the case of the presidential ballot for a general	29886
election such, that certification shall be made on the sixtieth	29887
fifty-fifth day before the day of the general election. On the	29888
seventy-fifth day before a special election to be held on the day	29889
specified by division (E) of section 3501.01 of the Revised Code	29890
for the holding of a primary election, designated by the general	29891
assembly for the purpose of submitting to the voters of the state	29892
constitutional amendments proposed by the general assembly, the	29893
secretary of state shall certify to the board of elections of each	29894
county the forms of the official ballots to be used at suchthat	29895
election.	29896

The board of the most populous county in each district	29897
comprised of more than one county but less than all of the	29898
counties of the state, in which there are candidates whose	29899
candidacies are to be submitted to the electors of suchthat	29900
district, shall, on the sixtieth day before the day of the next	29901
general election, certify to the board of each county in suchthe	29902
district the names of suchthose candidates to be printed on such	29903
ballots.	29904

The board of a county in which the major portion of a	29905
subdivision, located in more than one county, is located shall, on	29906
the sixtieth day before the day of the next general election,	29907
certify to the board of each county in which other portions of	29908
such subdivisionsthat subdivision are located the names of	29909
candidates whose candidacies are to be submitted to the electors	29910
of suchthat subdivision, to be printed on such ballots.	29911

If, subsequently to the sixtieth day before, or in the case	29912
of a presidential ballot for a general election the fifty-fifth	29913
day before, and prior to the tenth day before the day of sucha	29914
general election, a certificate is filed with the secretary of	29915
state to fill a vacancy caused by the death of a candidate, the	29916
secretary of state shall forthwith make a supplemental	29917
certification to the board of each county amending and correcting	29918
histhe secretary of state's original certification provided for	29919
in the first paragraph of this section. If, within suchthat time,	29920
such a certificate is filed with the board of the most populous	29921
county in a district comprised of more than one county but less	29922
than all of the counties of the state, or with the board of a	29923
county in which the major portion of the population of a	29924
subdivision, located in more than one county, is located, suchthe	29925
board with which such athe certificate is filed shall forthwith	29926
make a supplemental certification to the board of each county in	29927
suchthe district or to the board of each county in which other	29928
portions of suchthe subdivision are located, amending and	29929
correcting its original certification provided for in the second	29930
and third paragraphs of this section. If, at the time such	29931
supplemental certification is received by a board, ballots	29932
carrying the name of the deceased candidate have been printed,	29933
suchthe board shall cause strips of paper bearing the name of the	29934
candidate certified to fill suchthe vacancy to be printed and	29935
pasted on suchthose ballots so as to cover the name of the	29936
deceased candidate, except that in voting places using marking	29937
devices, the board shall cause strips of paper bearing the revised	29938
list of candidates for the office, after certification of a	29939
candidate to fill suchthe vacancy, to be printed and pasted on	29940
suchthe ballot cardcards so as to cover the names of candidates	29941
shown prior to the new certification, before such ballots are	29942
delivered to electors.	29943

Sec. 3505.061.  (A) The Ohio ballot board, as authorized by	29944
Section 1 of Article XVI, Ohio Constitution, shall consist of the	29945
secretary of state and four appointed members. No more than two of	29946
the appointed members shall be of the same political party. One of	29947
the members shall be appointed by the president of the senate, one	29948
shall be appointed by the minority leader of the senate, one shall	29949
be appointed by the speaker of the house of representatives, and	29950
one shall be appointed by the minority leader of the house of	29951
representatives. The appointments shall be made no later than the	29952
last Monday in January in the year in which the appointments are	29953
to be made. If any appointment is not so made, the secretary of	29954
state, acting in place of the person otherwise required to make	29955
the appointment, shall appoint as many qualified members	29956
affiliated with the appropriate political party as are necessary.	29957

(B)(1) The initial appointees to the board shall serve until	29958
the first Monday in February, 1977. Thereafter, terms of office	29959
shall be for four years, each term ending on the first Monday in	29960
February. The term of the secretary of state on the board shall	29961
coincide with the secretary of state's term of office. Except as	29962
otherwise provided in division (B)(2) of this section, division	29963
(B)(2) of section 3505.063, and division (B)(2) of section 3519.03	29964
of the Revised Code, each appointed member shall hold office from	29965
the date of appointment until the end of the term for which the	29966
member was appointed. Except as otherwise provided in those	29967
divisions, any member appointed to fill a vacancy occurring prior	29968
to the expiration of the term for which the member's predecessor	29969
was appointed shall hold office for the remainder of that term.	29970
Except as otherwise provided in those divisions, any member shall	29971
continue in office subsequent to the expiration date of the	29972
member's term until the member's successor takes office or a	29973
period of sixty days has elapsed, whichever occurs first. Any	29974
vacancy occurring on the board shall be filled in the manner	29975
provided for original appointments. A member appointed to fill a	29976
vacancy shall be of the same political party as that required of	29977
the member whom the member replaces.	29978

(2) The term of office of a member of the board who also is a	29979
member of the general assembly and who was appointed to the board	29980
by the president of the senate, the minority leader of the senate,	29981
the speaker of the house of representatives, or the minority	29982
leader of the house of representatives shall end on the earlier of	29983
the following dates:	29984

(a) The ending date of the ballot board term for which the	29985
member was appointed;	29986

(b) The ending date of the member's term as a member of the	29987
general assembly.	29988

(C) Members of the board shall serve without compensation but	29989
shall be reimbursed for expenses actually and necessarily incurred	29990
in the performance of their duties.	29991

(D) The secretary of state shall be the chairperson of the	29992
board, and the secretary of state or the secretary of state's	29993
representative shall have a vote equal to that of any other	29994
member. The vice-chairperson shall act as chairperson in the	29995
absence or disability of the chairperson, or during a vacancy in	29996
that office. The board shall meet after notice of at least seven	29997
days at a time and place determined by the chairperson. At its	29998
first meeting, the board shall elect a vice-chairperson from among	29999
its members for a term of two years, and it shall adopt rules for	30000
its procedures. After the first meeting, the board shall meet at	30001
the call of the chairperson or upon the written request of three	30002
other members. Three members constitute a quorum. No action shall	30003
be taken without the concurrence of three members.	30004

(E) The secretary of state shall provide technical,	30005
professional, and clerical employees as necessary for the board to	30006
carry out its duties.	30007

Sec. 3505.08. (A) Ballots shall be provided by the board of	30008
elections for all general and special elections. SuchThe ballots	30009
shall be printed with black ink on No. 2 white book paper fifty	30010
pounds in weight per ream assuming such ream to consist of five	30011
hundred sheets of such paper twenty-five by thirty-eight inches in	30012
size. Each ballot shall have attached at the top two stubs, each	30013
of the width of the ballot and not less than one-half inch in	30014
length, except that, if the board of elections has an alternate	30015
method to account for the ballots that the secretary of state has	30016
authorized, each ballot may have only one stub that shall be the	30017
width of the ballot and not less than one-half inch in length. In	30018
the case of ballots with two stubs, the stubs shall be separated	30019
from the ballot and from each other by perforated lines. The top	30020
stub shall be known as Stub B and shall have printed on its face	30021
"Stub B." The other stub shall be known as Stub A and shall have	30022
printed on its face "Stub A." Each stub shall also have printed on	30023
its face "Consecutive Number .........." Each	30024

Each ballot of each kind of ballot provided for use in each	30025
precinct shall be numbered consecutively beginning with number 1	30026
by printing such number upon both of the stubs attached theretoto	30027
the ballot. On ballots bearing the names of candidates, each	30028
candidate's name shall be printed in twelve point boldface upper	30029
case type in an enclosed rectangular space, and an enclosed blank	30030
rectangular space shall be provided at the left thereofof the	30031
candidate's name. The name of the political party of a candidate	30032
nominated at a primary election or certified by a party committee	30033
shall be printed in ten point lightface upper and lower case type	30034
and shall be separated by a two point blank space. The name of	30035
each candidate shall be indented one space within suchthe	30036
enclosed rectangular space, and the name of the political party	30037
shall be indented two spaces within suchthe enclosed rectangular	30038
space. The	30039

The title of each office on suchthe ballots shall be printed	30040
in twelve point boldface upper and lower case type in a separate	30041
enclosed rectangular space. A four point rule shall separate the	30042
name of a candidate or a group of candidates for the same office	30043
from the title of the office next appearing below on the ballot,	30044
and; a two point rule shall separate the title of the office from	30045
the names of candidates; and a one point rule shall separate names	30046
of candidates. Headings shall be printed in display Roman type.	30047
When the names of several candidates are grouped together as	30048
candidates for the same office, there shall be printed on suchthe	30049
ballots immediately below the title of suchthe office and within	30050
the separate rectangular space in which suchthe title is printed	30051
"Vote for not more than ........," in six point boldface upper and	30052
lower case filling the blank space with that number which will	30053
indicate the number of persons who may be lawfully elected to such	30054
the office.	30055

Columns on ballots shall be separated from each other by a	30056
heavy vertical border or solid line at least one-eighth of an inch	30057
wide, and a similar vertical border or line shall enclose the left	30058
and right side of ballots, and ballots. Ballots shall be trimmed	30059
along the sides close to such lines.	30060

The ballots provided for by this section shall be comprised	30061
of four kinds of ballots designated as follows: (A) office type	30062
ballot; (B) nonpartisan ballot; (C) questions and issues ballot;	30063
(D)and presidential ballot.	30064

On the back of each office type ballot shall be printed	30065
"Official Office Type Ballot;" on the back of each nonpartisan	30066
ballot shall be printed "Official Nonpartisan Ballot;" on the back	30067
of each questions and issues ballot shall be printed "Official	30068
Questions and Issues Ballot;" and on the back of each presidential	30069
ballot shall be printed "Official Presidential Ballot." On the	30070
back of every ballot also shall be printed the date of the	30071
election at which the ballot is used and the facsimile signatures	30072
of the members of the board of the county in which the ballot is	30073
used. For the purpose of identifying the kind of ballot, the back	30074
of every ballot may be numbered in suchthe order as the board	30075
shall determine. SuchThe numbers shall be printed in not less	30076
than thirty-six point type above the words "Official Office Type	30077
Ballot," "Official Nonpartisan Ballot," "Official Questions and	30078
Issues Ballot," or "Official Presidential Ballot," as the case may	30079
be. Ballot boxes bearing corresponding numbers shall be furnished	30080
for each precinct in which the above-described numbered ballots	30081
are used.	30082

On the back of every ballot used, there shall be a solid	30083
black line printed opposite the blank rectangular space that is	30084
used to mark the choice of the voter. This line shall be printed	30085
wide enough so that the mark in the blank rectangular space will	30086
not be visible from the back side of the ballot.	30087

Sample ballots may be printed by the board of elections for	30088
all general elections. SuchThe ballots shall be printed on	30089
colored paper, and "Sample Ballot" shall be plainly printed in	30090
boldface type on the face of each ballot. In counties of less than	30091
one hundred thousand population, the board may print not more than	30092
five hundred sample ballots; in all other counties, it may print	30093
not more than one thousand sample ballots. SuchThe sample ballots	30094
shall not be distributed by a political party or a candidate, nor	30095
shall a political party or candidate cause their title or name to	30096
be imprinted thereonon sample ballots.	30097

(B) Notwithstanding division (A) of this section, in	30098
approving the form of an official ballot, the secretary of state	30099
may authorize the use of fonts, type face settings, and ballot	30100
formats other than those prescribed in that division.	30101

Sec. 3505.10. (A) On the presidential ballot below the stubs	30102
at the top of the face of the ballot shall be printed "Official	30103
Presidential Ballot" centered between the side edges of the	30104
ballot. Below "Official Presidential Ballot" shall be printed a	30105
heavy line centered between the side edges of the ballot. Below	30106
the line shall be printed "Instruction to Voters" centered between	30107
the side edges of the ballot, and below suchthose words shall be	30108
printed the following instructions:	30109

"(A)(1) To vote for the candidates for president and	30110
vice-president whose names are printed below, record your vote in	30111
the manner provided next to the names of such candidates. That	30112
recording of the vote will be counted as a vote for each of the	30113
candidates for presidential elector whose names have been	30114
certified to the secretary of state and who are members of the	30115
same political party as the nominees for president and	30116
vice-president. A recording of the vote for independent candidates	30117
for president and vice-president shall be counted as a vote for	30118
the presidential electors filed by such candidates with the	30119
secretary of state.	30120

(B)(2) To vote for candidates for president and	30121
vice-president in the blank space below, record your vote in the	30122
manner provided and write the names of your choice for president	30123
and vice-president under the respective headings provided for	30124
those offices. Such write-in will be counted as a vote for the	30125
candidates' presidential electors whose names have been properly	30126
certified to the secretary of state.	30127

(C)(3) If you tear, soil, deface, or erroneously mark this	30128
ballot, return it to the precinct election officers or, if you	30129
cannot return it, notify the precinct election officers, and	30130
obtain another ballot."	30131

(B) Below suchthose instructions to the voter shall be	30132
printed a single vertical column of enclosed rectangular spaces	30133
equal in number to the number of presidential candidates plus one	30134
additional space for write-in candidates. Each of suchthose	30135
rectangular spaces shall be enclosed by a heavy line along each of	30136
its four sides, and such spaces shall be separated from each other	30137
by one-half inch of open space.	30138

In each of suchthose enclosed rectangular spaces, except the	30139
space provided for write-in candidates, shall be printed the names	30140
of the candidates for president and vice-president certified to	30141
the secretary of state or nominated as suchin one of the	30142
following manners:	30143

(1) Nominated by the national convention of a political party	30144
to which delegates and alternates were elected in this state at	30145
the next preceding primary election and the names of those	30146
independent candidates nominated. A political party certifying	30147
candidates so nominated shall certify the names of those	30148
candidates to the secretary of state on or before the sixtieth day	30149
before the day of the general election.	30150

(2) Nominated by nominating petition in accordance with	30151
section 3513.257 of the Revised Code. TheSuch a petition shall be	30152
filed on or before the seventy-fifth day before the day of the	30153
general election to provide sufficient time to verify the	30154
sufficiency and accuracy of signatures on it.	30155

(3) Certified to the secretary of state for placement on the	30156
presidential ballot by authorized officials of an intermediate or	30157
minor political party that has held a state or national convention	30158
for the purpose of choosing those candidates or that may, without	30159
a convention, certify those candidates in accordance with the	30160
procedure authorized by its party rules. The officials shall	30161
certify the names of those candidates to the secretary of state on	30162
or before the sixtieth day before the day of the general election.	30163
The certification shall be accompanied by a designation of a	30164
sufficient number of presidential electors to satisfy the	30165
requirements of law.	30166

The names of candidates for electors of president and	30167
vice-president shall not be placed on the ballot, but shall be	30168
certified to the secretary of state as required by sections	30169
3513.11 and 3513.257 of the Revised Code. The names of candidates	30170
for president and vice-president may be certified to the secretary	30171
of state, for placement on the presidential ballot, by authorized	30172
officials of an intermediate or minor political party which has	30173
held a state or national convention for the purpose of choosing	30174
such candidates, or which may, without convention, certify such	30175
candidates in accordance with the procedure authorized by its	30176
party rules. Certification to the secretary of state of such	30177
candidates shall be made on or before the seventy-fifth day before	30178
the day of the general election and shall be accompanied by	30179
designation of a sufficient number of presidential electors to	30180
satisfy the requirements of law. A vote for any of such candidates	30181
for president and vice-president shall be a vote for the electors	30182
of suchthose candidates whose names have been certified to the	30183
secretary of state.	30184

(C) The arrangement of the printing in each of suchthe	30185
enclosed rectangular spaces shall be substantially as follows:	30186
Near the top and centered within the rectangular space shall be	30187
printed "For President" in ten-point boldface upper and lower case	30188
type. Below "For President" shall be printed the name of the	30189
candidate for president in twelve-point boldface upper case type.	30190
Below the name of the candidate for president shall be printed the	30191
name of the political party by which suchthat candidate for	30192
president was nominated in eight-point lightface upper and lower	30193
case type. Below the name of such political party shall be printed	30194
"For Vice-President" in ten-point boldface upper and lower case	30195
type. Below "For Vice-President" shall be printed the name of the	30196
candidate for vice-president in twelve-point boldface upper case	30197
type. Below the name of the candidate for vice-president shall be	30198
printed the name of the political party by which suchthat	30199
candidate for vice-president was nominated in eight-point	30200
lightface upper and lower case type. No political identification	30201
or name of any political party shall be printed below the names of	30202
presidential and vice-presidential candidates nominated by	30203
petition.	30204

The rectangular spaces on the ballot described in this	30205
section shall be rotated and printed as provided in section	30206
3505.03 of the Revised Code.	30207

Sec. 3517.092.  (A) As used in this section:

30208

(1) "Appointing authority" has the same meaning as in section	30209
124.01 of the Revised Code.	30210

(2) "State elected officer" means any person appointed or	30211
elected to a state elective office.	30212

(3) "State elective office" means any of the offices of	30213
governor, lieutenant governor, secretary of state, auditor of	30214
state, treasurer of state, attorney general, member of the state	30215
board of education, member of the general assembly, and justice	30216
and chief justice of the supreme court.	30217

(4) "County elected officer" means any person appointed or	30218
elected to a county elective office.	30219

(5) "County elective office" means any of the offices of	30220
county auditor, county treasurer, clerk of the court of common	30221
pleas, sheriff, county recorder, county engineer, county	30222
commissioner, prosecuting attorney, and coroner.	30223

(6) "Contribution" includes a contribution to any political	30224
party, campaign committee, political action committee, political	30225
contributing entity, or legislative campaign fund.	30226

(B) No state elected officer, no campaign committee of such	30227
an officer, and no other person or entity shall knowingly solicit	30228
or accept a contribution on behalf of that officer or that	30229
officer's campaign committee from any of the following:	30230

(1) A state employee whose appointing authority is the state	30231
elected officer;	30232

(2) A state employee whose appointing authority is authorized	30233
or required by law to be appointed by the state elected officer;	30234

(3) A state employee who functions in or is employed in or by	30235
the same public agency, department, division, or office as the	30236
state elected officer.	30237

(C) No candidate for a state elective office, no campaign	30238
committee of such a candidate, and no other person or entity shall	30239
knowingly solicit or accept a contribution on behalf of that	30240
candidate or that candidate's campaign committee from any of the	30241
following:	30242

(1) A state employee at the time of the solicitation, whose	30243
appointing authority will be the candidate, if elected;	30244

(2) A state employee at the time of the solicitation, whose	30245
appointing authority will be appointed by the candidate, if	30246
elected, as authorized or required by law;	30247

(3) A state employee at the time of the solicitation, who	30248
will function in or be employed in or by the same public agency,	30249
department, division, or office as the candidate, if elected.	30250

(D) No county elected officer, no campaign committee of such	30251
an officer, and no other person or entity shall knowingly solicit	30252
a contribution on behalf of that officer or that officer's	30253
campaign committee from any of the following:	30254

(1) A county employee whose appointing authority is the	30255
county elected officer;	30256

(2) A county employee whose appointing authority is	30257
authorized or required by law to be appointed by the county	30258
elected officer;	30259

(3) A county employee who functions in or is employed in or	30260
by the same public agency, department, division, or office as the	30261
county elected officer.	30262

(E) No candidate for a county elective office, no campaign	30263
committee of such a candidate, and no other person or entity shall	30264
knowingly solicit a contribution on behalf of that candidate or	30265
that candidate's campaign committee from any of the following:	30266

(1) A county employee at the time of the solicitation, whose	30267
appointing authority will be the candidate, if elected;	30268

(2) A county employee at the time of the solicitation, whose	30269
appointing authority will be appointed by the candidate, if	30270
elected, as authorized or required by law;	30271

(3) A county employee at the time of the solicitation, who	30272
will function in or be employed in or by the same public agency,	30273
department, division, or office as the candidate, if elected.	30274

(F)(1) No public employee shall solicit a contribution from	30275
any person while the public employee is performing the public	30276
employee's official duties or in those areas of a public building	30277
where official business is transacted or conducted.	30278

(2) No person shall solicit a contribution from any public	30279
employee while the public employee is performing the public	30280
employee's official duties or is in those areas of a public	30281
building where official business is transacted or conducted.	30282

(3) As used in division (F) of this section, "public	30283
employee" does not include any person holding an elective office.	30284

(G) The prohibitions in divisions (B), (C), (D), (E), and (F)	30285
of this section are in addition to the prohibitions in sections	30286
124.57, 1553.09, 3304.22, and 4503.032 of the Revised Code.	30287

Sec. 3701.02.  There is hereby created a department of	30288
health. The department shall consist of a director of health and,	30289
a public health council, and the Ohio occupational therapy,	30290
physical therapy, and athletic trainers board.	30291

Sec. 3701.021.  (A) The public health council shall adopt, in	30292
accordance with Chapter 119. of the Revised Code, such rules as	30293
are necessary to carry out sections 3701.021 to 3701.0283701.0210	30294
of the Revised Code, including, but not limited to, rules to	30295
establish the following:	30296

(1) Medical and financial eligibility requirements for the	30297
program for medically handicapped children;	30298

(2) Eligibility requirements for providers of services for	30299
medically handicapped children;	30300

(3) Procedures to be followed by the department of health in	30301
disqualifying providers for violating requirements adopted under	30302
division (A)(2) of this section;	30303

(4) Procedures to be used by the department regarding	30304
application for diagnostic services under division (B) of section	30305
3701.023 of the Revised Code and payment for those services under	30306
division (E) of that section;	30307

(5) Standards for the provision of service coordination by	30308
the department of health and city and general health districts;	30309

(6) Procedures for the department to use to determine the	30310
amount to be paid annually by each county for services for	30311
medically handicapped children and to allow counties to retain	30312
funds under divisions (A)(2) and (3) of section 3701.024 of the	30313
Revised Code;	30314

(7) Financial eligibility requirements for services for Ohio	30315
residents twenty-one years of age or older who have cystic	30316
fibrosis;	30317

(8) Criteria for payment of approved providers who provide	30318
services for medically handicapped children;	30319

(9) Criteria for the department to use in determining whether	30320
the payment of health insurance premiums of participants in the	30321
program for medically handicapped children is cost-effective;	30322

(10) Procedures for appeal of denials of applications under	30323
divisions (A) and (D) of section 3701.023 of the Revised Code,	30324
disqualification of providers, and amounts paid for services;	30325

(11) Terms of appointment for members of the medically	30326
handicapped children's medical advisory council created in section	30327
3701.025 of the Revised Code;	30328

(12) Eligibility requirements for the hemophilia program,	30329
including income and hardship requirements.	30330

(B) The department of health shall develop a manual of	30331
operational procedures and guidelines for the program for	30332
medically handicapped children to implement sections 3701.021 to	30333
3701.0283701.0210 of the Revised Code.	30334

Sec. 3701.022.  As used in sections 3701.021 to 3701.028	30335
3701.0210 of the Revised Code:	30336

(A) "Medically handicapped child" means an Ohio resident	30337
under twenty-one years of age who suffers primarily from an	30338
organic disease, defect, or a congenital or acquired physically	30339
handicapping and associated condition that may hinder the	30340
achievement of normal growth and development.	30341

(B) "Provider" means a health professional, hospital, medical	30342
equipment supplier, and any individual, group, or agency that is	30343
approved by the department of health pursuant to division (C) of	30344
section 3701.023 of the Revised Code and that provides or intends	30345
to provide goods or services to a child who is eligible for the	30346
program for medically handicapped children.	30347

(C) "Service coordination" means case management services	30348
provided to medically handicapped children that promote effective	30349
and efficient organization and utilization of public and private	30350
resources and ensure that care rendered is family-centered,	30351
community-based, and coordinated.	30352

(D)(1) "Third party" means any person or government entity	30353
other than the following:	30354

(a) A medically handicapped child participating in the	30355
program for medically handicapped children or the child's parent	30356
or guardian;	30357

(b) The department or any program administered by the	30358
department, including the "Maternal and Child Health Block Grant,"	30359
Title V of the "Social Security Act," 95 Stat. 818 (1981), 42	30360
U.S.C.A. 701, as amended;	30361

(c) The "caring program for children" operated by the	30362
nonprofit community mutual insurance corporation.	30363

(2) "Third party" includes all of the following:

30364

(a) Any trust established to benefit a medically handicapped	30365
child participating in the program or the child's family or	30366
guardians, if the trust was established after the date the	30367
medically handicapped child applied to participate in the program;	30368

(b) That portion of a trust designated to pay for the medical	30369
and ancillary care of a medically handicapped child, if the trust	30370
was established on or before the date the medically handicapped	30371
child applied to participate in the program;	30372

(c) The program awarding reparations to victims of crime	30373
established under sections 2743.51 to 2743.72 of the Revised Code.	30374

(E) "Third-party benefits" means any and all benefits paid by	30375
a third party to or on behalf of a medically handicapped child	30376
participating in the program or the child's parent or guardian for	30377
goods or services that are authorized by the department pursuant	30378
to division (B) or (D) of section 3701.023 of the Revised Code.	30379

(F) "Hemophilia program" means the hemophilia program the	30380
department of health is required to establish and administer under	30381
section 3701.029 of the Revised Code.	30382

Sec. 3701.024.  (A)(1) Under a procedure established in rules	30383
adopted under section 3701.021 of the Revised Code, the department	30384
of health shall determine the amount each county shall provide	30385
annually for the program for medically handicapped children, based	30386
on a proportion of the county's total general property tax	30387
duplicate, not to exceed one-tenth of a mill through fiscal year	30388
2005 and three-tenths of a mill thereafter, and charge the county	30389
for any part of expenses incurred under the program for treatment	30390
services on behalf of medically handicapped children having legal	30391
settlement in the county that is not paid from federal funds or	30392
through the medical assistance program established under section	30393
5111.01 of the Revised Code. The department shall not charge the	30394
county for expenses exceeding the difference between the amount	30395
determined under division (A)(1) of this section and any amounts	30396
retained under divisions (A)(2) and (3) of this section.	30397

All amounts collected by the department under division (A)(1)	30398
of this section shall be deposited into the state treasury to the	30399
credit of the medically handicapped children-county assessment	30400
fund, which is hereby created. The fund shall be used by the	30401
department to comply with sections 3701.021 to 3701.028 of the	30402
Revised Code.	30403

(2) The department, in accordance with rules adopted under	30404
section 3701.021 of the Revised Code, may allow each county to	30405
retain up to ten per cent of the amount determined under division	30406
(A)(1) of this section to provide funds to city or general health	30407
districts of the county with which the districts shall provide	30408
service coordination, public health nursing, or transportation	30409
services for medically handicapped children.	30410

(3) In addition to any amount retained under division (A)(2)	30411
of this section, the department, in accordance with rules adopted	30412
under section 3701.021 of the Revised Code, may allow counties	30413
that it determines have significant numbers of potentially	30414
eligible medically handicapped children to retain an amount equal	30415
to the difference between:	30416

(a) Twenty-five per cent of the amount determined under	30417
division (A)(1) of this section;	30418

(b) Any amount retained under division (A)(2) of this	30419
section.	30420

Counties shall use amounts retained under division (A)(3) of	30421
this section to provide funds to city or general health districts	30422
of the county with which the districts shall conduct outreach	30423
activities to increase participation in the program for medically	30424
handicapped children.	30425

(4) Prior to any increase in the millage charged to a county,	30426
the public health council shall hold a public hearing on the	30427
proposed increase and shall give notice of the hearing to each	30428
board of county commissioners that would be affected by the	30429
increase at least thirty days prior to the date set for the	30430
hearing. Any county commissioner may appear and give testimony at	30431
the hearing. Any increase in the millage any county is required to	30432
provide for the program for medically handicapped children shall	30433
be determined, and notice of the amount of the increase shall be	30434
provided to each affected board of county commissioners, no later	30435
than the first day of June of the fiscal year next preceding the	30436
fiscal year in which the increase will take effect.	30437

(B) Each board of county commissioners shall establish a	30438
medically handicapped children's fund and shall appropriate	30439
thereto an amount, determined in accordance with division (A)(1)	30440
of this section, for the county's share in providing medical,	30441
surgical, and other aid to medically handicapped children residing	30442
in such county and for the purposes specified in divisions (A)(2)	30443
and (3) of this section. Each county shall use money retained	30444
under divisions (A)(2) and (3) of this section only for the	30445
purposes specified in those divisions.	30446

Sec. 3701.029. Subject to available funds, the department of	30447
health shall establish and administer a hemophilia program to	30448
provide payment of health insurance premiums for Ohio residents	30449
who meet all of the following requirements:	30450

(A) Have been diagnosed with hemophilia or a related bleeding	30451
disorder;	30452

(B) Are at least twenty-one years of age;

30453

(C) Meet the eligibility requirements established by rules	30454
adopted under division (A)(12) of section 3701.021 of the Revised	30455
Code.	30456

Sec. 3701.145.        Sec. 3701.0210.  The director of healthmedically	30457
handicapped children's medical advisory council shall establish	30458
appoint a hemophilia advisory councilsubcommittee to advise the	30459
director and the department of health and council on all matters	30460
pertaining to the care and treatment of persons with hemophilia.	30461
The councilThe duties of the subcommittee include, but are not	30462
limited to, the monitoring of care and treatment of children and	30463
adults who suffer from hemophilia or from other similar blood	30464
disorders.	30465

The subcommittee shall consist of not fewer than nineteen	30466
fifteen members, each of whom shall be appointed by the director	30467
to terms of four years. The members of the councilsubcommittee	30468
shall elect a chairperson from among the appointed membership to	30469
serve a term of two years. Members of the councilsubcommittee	30470
shall serve without compensation, except that they may be	30471
reimbursed for travel expenses to and from meetings of the council	30472
subcommittee.	30473

Members shall be appointed to represent all geographic areas	30474
of this state. Not fewer than five members of the council	30475
subcommittee shall be persons with hemophilia or family members of	30476
persons with hemophilia. Not fewer than five members shall be	30477
providers of health care services to persons with hemophilia. Not	30478
fewer than five members shall be experts in fields of importance	30479
to treatment of persons with hemophilia, including experts in	30480
infectious diseases, insurance, and law.	30481

The council shall submit to the director of health, the	30482
governor, and the general assembly, a report no later than the	30483
thirtieth day of September of each year summarizing the current	30484
status and needs of persons in this state with hemophilia and of	30485
family members of persons with hemophilia.	30486

Notwithstanding section 101.83 of the Revised Code, that	30487
section does not apply to the medically handicapped children's	30488
medical advisory council hemophilia advisory subcommittee, and the	30489
subcommittee shall not expire under that section.	30490

Sec. 3701.141.  (A) There is hereby created in the department	30491
of health the office of women's health initiativesprogram,	30492
consisting of the chief of the office and an administrative	30493
assistant. To the extent of available funds, other positions	30494
determined necessary and relevant by the director of health may be	30495
added. The administrative assistant and all other employees	30496
assigned to the office shall report to the chief and the chief to	30497
the director or the deputy specified by the director.	30498

(B) To the extent funds are available, the office of women's	30499
health initiativesprogram shall:	30500

(1) Identify, review, and assist the director in the	30501
coordination of programs and resources the department of health is	30502
committing to women's health concerns, including the department's	30503
women's and infants' program activities;	30504

(2) Advocate for women's health by requesting that the	30505
department conduct, sponsor, encourage, or fund research;	30506
establish additional programs regarding women's health concerns as	30507
needed; and monitor the research and program efforts;	30508

(3) Collect, classify, and store relevant research conducted	30509
by the department or other entities, and provide, unless otherwise	30510
prohibited by law, interested persons access to research results;	30511

(4) GenerateApply for grant activitiesopportunities.

30512

(C) Prior to the director's report to the governor on the	30513
department's biennial budget request, the office of women's health	30514
initiatives shall submit in writing to the director of health a	30515
biennial report of recommended programs, projects, and research to	30516
address critical issues in women's health.	30517

Sec. 3701.342.  After consultation with the public health	30518
standards task force established under section 3701.343 of the	30519
Revised Code, the public health council shall adopt rules	30520
establishing minimum standards and optimum achievable standards	30521
for boards of health and local health departments. The minimum	30522
standards shall assure that boards of health and local health	30523
departments provide for the following:	30524

(A) Analysis and prevention of communicable disease;

30525

(B) Analysis of the causes of, and appropriate treatment for,	30526
the leading causes of morbidity and mortality;	30527

(C) The administration and management of the local health	30528
department;	30529

(D) Access to primary health care by medically underserved	30530
individuals;	30531

(E) Environmental health management programs;

30532

(F) Health promotion services designed to encourage	30533
individual and community wellness.	30534

The public health council shall adopt rules establishing a	30535
formula for distribution of state health district subsidy funds to	30536
boards of health and local health departments. The formula shall	30537
provide no subsidy funds to a board or department unless it meets	30538
minimum standards and shall provide higher funding levels for	30539
boards and districts that meet optimum achievable standards.	30540

Notwithstanding section 119.03 of the Revised Code, rules	30541
adopted under this section shall not take effect unless approved	30542
by concurrent resolution of the general assembly.	30543

Sec. 3701.61. (A) The department of health shall establish	30544
the help me grow program for the purpose of encouraging early	30545
prenatal and well-baby care. The program shall include	30546
distributing subsidies to counties to provide the following	30547
services:	30548

(1) Home-visiting services to newborn infants and their	30549
families;	30550

(2) Services to infants and toddlers under three years of age	30551
who are at risk for, or who have, a developmental delay or	30552
disability and their families.	30553

(B) The department shall not provide home-visiting services	30554
under the help me grow program unless requested in writing by a	30555
parent of the infant or toddler.	30556

(C) Pursuant to Chapter 119. of the Revised Code, the	30557
department shall adopt rules that are necessary and proper to	30558
implement this section.	30559

Sec. 3701.82.  (A) A brazier, salamander, space heater, room	30560
heater, furnace, water heater, or other burner or heater using	30561
wood, coal, coke, fuel oil, kerosene, gasoline, natural gas,	30562
liquid petroleum gas, or similar fuel, and tending to give off	30563
carbon monoxide or other harmful gases:	30564

(1) When used in living quarters, or in any enclosed building	30565
or space in which persons are usually present, shall be used with	30566
a flue or vent so designed, installed, and maintained as to vent	30567
the products of combustion outdoors; except in storage, factory,	30568
or industrial buildings which are provided with sufficient	30569
ventilation to avoid the danger of carbon monoxide poisoning;	30570

(2) When used as a portable or temporary burner or heater at	30571
a construction site, or in a warehouse, shed, or structure in	30572
which persons are temporarily present, shall be vented as provided	30573
in division (A)(1) of this section, or used with sufficient	30574
ventilation to avoid the danger of carbon monoxide poisoning.	30575

(B) This section does not apply to domestic ranges, laundry	30576
stoves, gas logs installed in a fireplace with an adequate flue,	30577
or hot plates, unless the same are used as space or room heaters.	30578

(C) No person shall negligently use, or, being the owner,	30579
person in charge, or occupant of premises, negligently permit the	30580
use of a burner or heater in violation of the standards for	30581
venting and ventilation provided in this section.	30582

(D) Division (A) of this section does not apply to any	30583
kerosene-fired space or room heater that is equipped with an	30584
automatic extinguishing tip-over device, or to any natural	30585
gas-fired or liquid petroleum gas-fired space or room heater that	30586
is equipped with an oxygen depletion safety shutoff system, and	30587
that has its fuel piped from a source outside of the building in	30588
which it is located, that are approved by an authoritative source	30589
recognized by the state fire marshal in the state fire code	30590
adopted by him under section 3737.82 of the Revised Code.	30591

(E) The state fire marshal may make rules to ensure the safe	30592
use of unvented kerosene, natural gas, or liquid petroleum gas	30593
heaters exempted from division (A) of this section when used in	30594
assembly buildings, business buildings, high hazard buildings,	30595
institutional buildings, mercantile buildings, and type R-1 and	30596
R-2 residential buildings, as these groups of buildings are	30597
defined in rules adopted by the board of building and fire	30598
standards under section 3781.10 of the Revised Code. No person	30599
shall negligently use, or, being the owner, person in charge, or	30600
occupant of premises, negligently permit the use of a heater in	30601
violation of any rules adopted under this division.	30602

(F) The state fire marshal may make rules prescribing	30603
standards for written instructions containing ventilation	30604
requirements and warning of any potential fire hazards that may	30605
occur in using a kerosene, natural gas, or liquid petroleum gas	30606
heater. No person shall sell or offer for sale any kerosene,	30607
natural gas, or liquid petroleum gas heater unless the	30608
manufacturer provides with the heater written instructions that	30609
comply with any rules adopted under this division.	30610

(G) No product labeled as a fuel additive for kerosene	30611
heaters and having a flash point below one hundred degrees	30612
fahrenheit or thirty-seven and eight-tenths degrees centigrade	30613
shall be sold, offered for sale, or used in any kerosene space	30614
heater.	30615

(H) No device that prohibits any safety feature on a	30616
kerosene, natural gas, or liquid petroleum gas space heater from	30617
operating shall be sold, offered for sale, or used in connection	30618
with any kerosene, natural gas, or liquid petroleum gas space	30619
heater.	30620

(I) No person shall sell or offer for sale any	30621
kerosene-fired, natural gas, or liquid petroleum gas-fired heater	30622
that is not exempt from division (A) of this section unless it is	30623
marked conspicuously by the manufacturer on the container with the	30624
phrase "Not Approved For Home Use."	30625

(J) No person shall use a cabinet-type, liquid petroleum	30626
gas-fired heater having a fuel source within the heater, inside	30627
any building, except as permitted by the state fire marshal in the	30628
state fire code adopted by him under section 3737.82 of the	30629
Revised Code.	30630

Sec. 3701.83.  (A) There is hereby created in the state	30631
treasury the general operations fund. Moneys in the fund shall be	30632
used for the purposes specified in sections 3701.04, 3701.344,	30633
3701.88, 3702.20, 3710.15, 3711.021, 3717.45, 3721.02, 3722.04,	30634
3733.04, 3733.25, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12,	30635
3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09 of the	30636
Revised Code.	30637

(B) The alcohol testing program fund is hereby created in the	30638
state treasury. The director of health shall use the fund to	30639
administer and enforce the alcohol testing and permit program	30640
authorized by section 3701.143 of the Revised Code.	30641

The fund shall receive transfers from the liquor control fund	30642
created under section 4301.12 of the Revised Code. All investment	30643
earnings of the alcohol testing program fund shall be credited to	30644
the fund.	30645

Sec. 3701.881.  (A) As used in this section:

30646

(1) "Applicant" means both of the following:

30647

(a) A person who is under final consideration for appointment	30648
or employment with a home health agency in a position as a person	30649
responsible for the care, custody, or control of a child;	30650

(b) A person who is under final consideration for employment	30651
with a home health agency in a full-time, part-time, or temporary	30652
position that involves providing direct care to an older adult.	30653
With regard to persons providing direct care to older adults,	30654
"applicant" does not include a person who provides direct care as	30655
a volunteer without receiving or expecting to receive any form of	30656
remuneration other than reimbursement for actual expenses.	30657

(2) "Criminal records check" and "older adult" have the same	30658
meanings as in section 109.572 of the Revised Code.	30659

(3) "Home health agency" has the same meaning as in section	30660
3701.88 of the Revised Codemeans a person or government entity,	30661
other than a nursing home, residential care facility, or hospice	30662
care program, that has the primary function of providing any of	30663
the following services to a patient at a place of residence used	30664
as the patient's home:	30665

(a) Skilled nursing care;

30666

(b) Physical therapy;

30667

(c) Speech-language pathology;

30668

(d) Occupational therapy;

30669

(e) Medical social services;

30670

(f) Home health aide services.

30671

(4) "Home health aide services" means any of the following	30672
services provided by an individual employed with or contracted for	30673
by a home health agency:	30674

(a) Hands-on bathing or assistance with a tub bath or shower;

30675

(b) Assistance with dressing, ambulation, and toileting;

30676

(c) Catheter care but not insertion;

30677

(d) Meal preparation and feeding.

30678

(5) "Hospice care program" has the same meaning as in section	30679
3712.01 of the Revised Code.	30680

(6) "Medical social services" means services provided by a	30681
social worker under the direction of a patient's attending	30682
physician.	30683

(7) "Minor drug possession offense" has the same meaning as	30684
in section 2925.01 of the Revised Code.	30685

(8) "Nursing home," "residential care facility," and "skilled	30686
nursing care" have the same meanings as in section 3721.01 of the	30687
Revised Code.	30688

(9) "Occupational therapy" has the same meaning as in section	30689
4755.01 of the Revised Code.	30690

(10) "Physical therapy" has the same meaning as in section	30691
4755.40 of the Revised Code.	30692

(11) "Social worker" means a person licensed under Chapter	30693
4757. of the Revised Code to practice as a social worker or	30694
independent social worker.	30695

(12) "Speech-language pathology" has the same meaning as in	30696
section 4753.01 of the Revised Code.	30697

(B)(1) Except as provided in division (I) of this section,	30698
the chief administrator of a home health agency shall request the	30699
superintendent of the bureau of criminal identification and	30700
investigation to conduct a criminal records check with respect to	30701
each applicant. If the position may involve both responsibility	30702
for the care, custody, or control of a child and provision of	30703
direct care to an older adult, the chief administrator shall	30704
request that the superintendent conduct a single criminal records	30705
check for the applicant. If an applicant for whom a criminal	30706
records check request is required under this division does not	30707
present proof of having been a resident of this state for the	30708
five-year period immediately prior to the date upon which the	30709
criminal records check is requested or does not provide evidence	30710
that within that five-year period the superintendent has requested	30711
information about the applicant from the federal bureau of	30712
investigation in a criminal records check, the chief administrator	30713
shall request that the superintendent obtain information from the	30714
federal bureau of investigation as a part of the criminal records	30715
check for the applicant. Even if an applicant for whom a criminal	30716
records check request is required under this division presents	30717
proof that the applicant has been a resident of this state for	30718
that five-year period, the chief administrator may request that	30719
the superintendent include information from the federal bureau of	30720
investigation in the criminal records check.	30721

(2) Any person required by division (B)(1) of this section to	30722
request a criminal records check shall provide to each applicant	30723
for whom a criminal records check request is required under that	30724
division a copy of the form prescribed pursuant to division (C)(1)	30725
of section 109.572 of the Revised Code and a standard impression	30726
sheet prescribed pursuant to division (C)(2) of section 109.572 of	30727
the Revised Code, obtain the completed form and impression sheet	30728
from each applicant, and forward the completed form and impression	30729
sheet to the superintendent of the bureau of criminal	30730
identification and investigation at the time the chief	30731
administrator requests a criminal records check pursuant to	30732
division (B)(1) of this section.	30733

(3) An applicant who receives pursuant to division (B)(2) of	30734
this section a copy of the form prescribed pursuant to division	30735
(C)(1) of section 109.572 of the Revised Code and a copy of an	30736
impression sheet prescribed pursuant to division (C)(2) of that	30737
section and who is requested to complete the form and provide a	30738
set of fingerprint impressions shall complete the form or provide	30739
all the information necessary to complete the form and shall	30740
provide the impression sheets with the impressions of the	30741
applicant's fingerprints. If an applicant, upon request, fails to	30742
provide the information necessary to complete the form or fails to	30743
provide fingerprint impressions, the home health agency shall not	30744
employ that applicant for any position for which a criminal	30745
records check is required by division (B)(1) of this section.	30746

(C)(1) Except as provided in rules adopted by the department	30747
of health in accordance with division (F) of this section and	30748
subject to division (C)(3) of this section, no home health agency	30749
shall employ a person as a person responsible for the care,	30750
custody, or control of a child if the person previously has been	30751
convicted of or pleaded guilty to any of the following:	30752

(a) A violation of section 2903.01, 2903.02, 2903.03,	30753
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	30754
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	30755
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	30756
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	30757
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	30758
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	30759
2925.06, or 3716.11 of the Revised Code, a violation of section	30760
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	30761
violation of section 2919.23 of the Revised Code that would have	30762
been a violation of section 2905.04 of the Revised Code as it	30763
existed prior to July 1, 1996, had the violation been committed	30764
prior to that date, a violation of section 2925.11 of the Revised	30765
Code that is not a minor drug possession offense, or felonious	30766
sexual penetration in violation of former section 2907.12 of the	30767
Revised Code;	30768

(b) A violation of an existing or former law of this state,	30769
any other state, or the United States that is substantially	30770
equivalent to any of the offenses listed in division (C)(1)(a) of	30771
this section.	30772

(2) Except as provided in rules adopted by the department of	30773
health in accordance with division (F) of this section and subject	30774
to division (C)(3) of this section, no home health agency shall	30775
employ a person in a position that involves providing direct care	30776
to an older adult if the person previously has been convicted of	30777
or pleaded guilty to any of the following:	30778

(a) A violation of section 2903.01, 2903.02, 2903.03,	30779
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	30780
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	30781
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	30782
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	30783
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	30784
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	30785
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	30786
2925.22, 2925.23, or 3716.11 of the Revised Code.	30787

(b) A violation of an existing or former law of this state,	30788
any other state, or the United States that is substantially	30789
equivalent to any of the offenses listed in division (C)(2)(a) of	30790
this section.	30791

(3)(a) A home health agency may employ conditionally an	30792
applicant for whom a criminal records check request is required	30793
under division (B) of this section as a person responsible for the	30794
care, custody, or control of a child until the criminal records	30795
check regarding the applicant required by this section is	30796
completed and the agency receives the results of the criminal	30797
records check. If the results of the criminal records check	30798
indicate that, pursuant to division (C)(1) of this section, the	30799
applicant does not qualify for employment, the agency shall	30800
release the applicant from employment unless the agency chooses to	30801
employ the applicant pursuant to division (F) of this section.	30802

(b)(i) A home health agency may employ conditionally an	30803
applicant for whom a criminal records check request is required	30804
under division (B) of this section in a position that involves	30805
providing direct care to an older adult or in a position that	30806
involves both responsibility for the care, custody, and control of	30807
a child and the provision of direct care to older adults prior to	30808
obtaining the results of a criminal records check regarding the	30809
individual, provided that the agency shall request a criminal	30810
records check regarding the individual in accordance with division	30811
(B)(1) of this section not later than five business days after the	30812
individual begins conditional employment. In the circumstances	30813
described in division (I)(2) of this section, a home health agency	30814
may employ conditionally in a position that involves providing	30815
direct care to an older adult an applicant who has been referred	30816
to the home health agency by an employment service that supplies	30817
full-time, part-time, or temporary staff for positions involving	30818
the direct care of older adults and for whom, pursuant to that	30819
division, a criminal records check is not required under division	30820
(B) of this section. In the circumstances described in division	30821
(I)(4) of this section, a home health agency may employ	30822
conditionally in a position that involves both responsibility for	30823
the care, custody, and control of a child and the provision of	30824
direct care to older adults an applicant who has been referred to	30825
the home health agency by an employment service that supplies	30826
full-time, part-time, or temporary staff for positions involving	30827
both responsibility for the care, custody, and control of a child	30828
and the provision of direct care to older adults and for whom,	30829
pursuant to that division, a criminal records check is not	30830
required under division (B) of this section.	30831

(ii) A home health agency that employs an individual	30832
conditionally under authority of division (C)(3)(b)(i) of this	30833
section shall terminate the individual's employment if the results	30834
of the criminal records check requested under division (B)(1) of	30835
this section or described in division (I)(2) or (4) of this	30836
section, other than the results of any request for information	30837
from the federal bureau of investigation, are not obtained within	30838
the period ending sixty days after the date the request is made.	30839
Regardless of when the results of the criminal records check are	30840
obtained, if the individual was employed conditionally in a	30841
position that involves the provision of direct care to older	30842
adults and the results indicate that the individual has been	30843
convicted of or pleaded guilty to any of the offenses listed or	30844
described in division (C)(2) of this section, or if the individual	30845
was employed conditionally in a position that involves both	30846
responsibility for the care, custody, and control of a child and	30847
the provision of direct care to older adults and the results	30848
indicate that the individual has been convicted of or pleaded	30849
guilty to any of the offenses listed or described in division	30850
(C)(1) or (2) of this section, the agency shall terminate the	30851
individual's employment unless the agency chooses to employ the	30852
individual pursuant to division (F) of this section. Termination	30853
of employment under this division shall be considered just cause	30854
for discharge for purposes of division (D)(2) of section 4141.29	30855
of the Revised Code if the individual makes any attempt to deceive	30856
the agency about the individual's criminal record.	30857

(D)(1) Each home health agency shall pay to the bureau of	30858
criminal identification and investigation the fee prescribed	30859
pursuant to division (C)(3) of section 109.572 of the Revised Code	30860
for each criminal records check conducted in accordance with that	30861
section upon the request pursuant to division (B)(1) of this	30862
section of the chief administrator of the home health agency.	30863

(2) A home health agency may charge an applicant a fee for	30864
the costs it incurs in obtaining a criminal records check under	30865
this section, unless the medical assistance program established	30866
under Chapter 5111. of the Revised Code reimburses the agency for	30867
the costs. A fee charged under division (D)(2) of this section	30868
shall not exceed the amount of fees the agency pays under division	30869
(D)(1) of this section. If a fee is charged under division (D)(2)	30870
of this section, the agency shall notify the applicant at the time	30871
of the applicant's initial application for employment of the	30872
amount of the fee and that, unless the fee is paid, the agency	30873
will not consider the applicant for employment.	30874

(E) The report of any criminal records check conducted by the	30875
bureau of criminal identification and investigation in accordance	30876
with section 109.572 of the Revised Code and pursuant to a request	30877
made under division (B)(1) of this section is not a public record	30878
for the purposes of section 149.43 of the Revised Code and shall	30879
not be made available to any person other than the following:	30880

(1) The individual who is the subject of the criminal records	30881
check or the individual's representative;	30882

(2) The home health agency requesting the criminal records	30883
check or its representative;	30884

(3) The administrator of any other facility, agency, or	30885
program that provides direct care to older adults that is owned or	30886
operated by the same entity that owns or operates the home health	30887
agency;	30888

(4) Any court, hearing officer, or other necessary individual	30889
involved in a case dealing with a denial of employment of the	30890
applicant or dealing with employment or unemployment benefits of	30891
the applicant;	30892

(5) Any person to whom the report is provided pursuant to,	30893
and in accordance with, division (I)(1), (2), (3), or (4) of this	30894
section.	30895

(F) The department of health shall adopt rules in accordance	30896
with Chapter 119. of the Revised Code to implement this section.	30897
The rules shall specify circumstances under which the home health	30898
agency may employ a person who has been convicted of or pleaded	30899
guilty to an offense listed or described in division (C)(1) of	30900
this section but who meets standards in regard to rehabilitation	30901
set by the department or employ a person who has been convicted of	30902
or pleaded guilty to an offense listed or described in division	30903
(C)(2) of this section but meets personal character standards set	30904
by the department.	30905

(G) Any person required by division (B)(1) of this section to	30906
request a criminal records check shall inform each person, at the	30907
time of initial application for employment that the person is	30908
required to provide a set of fingerprint impressions and that a	30909
criminal records check is required to be conducted and	30910
satisfactorily completed in accordance with section 109.572 of the	30911
Revised Code if the person comes under final consideration for	30912
appointment or employment as a precondition to employment for that	30913
position.	30914

(H) In a tort or other civil action for damages that is	30915
brought as the result of an injury, death, or loss to person or	30916
property caused by an individual who a home health agency employs	30917
in a position that involves providing direct care to older adults,	30918
all of the following shall apply:	30919

(1) If the agency employed the individual in good faith and	30920
reasonable reliance on the report of a criminal records check	30921
requested under this section, the agency shall not be found	30922
negligent solely because of its reliance on the report, even if	30923
the information in the report is determined later to have been	30924
incomplete or inaccurate;	30925

(2) If the agency employed the individual in good faith on a	30926
conditional basis pursuant to division (C)(3)(b) of this section,	30927
the agency shall not be found negligent solely because it employed	30928
the individual prior to receiving the report of a criminal records	30929
check requested under this section;	30930

(3) If the agency in good faith employed the individual	30931
according to the personal character standards established in rules	30932
adopted under division (F) of this section, the agency shall not	30933
be found negligent solely because the individual prior to being	30934
employed had been convicted of or pleaded guilty to an offense	30935
listed or described in division (C)(1) or (2) of this section.	30936

(I)(1) The chief administrator of a home health agency is not	30937
required to request that the superintendent of the bureau of	30938
criminal identification and investigation conduct a criminal	30939
records check of an applicant for a position that involves the	30940
provision of direct care to older adults if the applicant has been	30941
referred to the agency by an employment service that supplies	30942
full-time, part-time, or temporary staff for positions involving	30943
the direct care of older adults and both of the following apply:	30944

(a) The chief administrator receives from the employment	30945
service or the applicant a report of the results of a criminal	30946
records check regarding the applicant that has been conducted by	30947
the superintendent within the one-year period immediately	30948
preceding the applicant's referral;	30949

(b) The report of the criminal records check demonstrates	30950
that the person has not been convicted of or pleaded guilty to an	30951
offense listed or described in division (C)(2) of this section, or	30952
the report demonstrates that the person has been convicted of or	30953
pleaded guilty to one or more of those offenses, but the home	30954
health agency chooses to employ the individual pursuant to	30955
division (F) of this section.	30956

(2) The chief administrator of a home health agency is not	30957
required to request that the superintendent of the bureau of	30958
criminal identification and investigation conduct a criminal	30959
records check of an applicant for a position that involves	30960
providing direct care to older adults and may employ the applicant	30961
conditionally in a position of that nature as described in this	30962
division, if the applicant has been referred to the agency by an	30963
employment service that supplies full-time, part-time, or	30964
temporary staff for positions involving the direct care of older	30965
adults and if the chief administrator receives from the employment	30966
service or the applicant a letter from the employment service that	30967
is on the letterhead of the employment service, dated, and signed	30968
by a supervisor or another designated official of the employment	30969
service and that states that the employment service has requested	30970
the superintendent to conduct a criminal records check regarding	30971
the applicant, that the requested criminal records check will	30972
include a determination of whether the applicant has been	30973
convicted of or pleaded guilty to any offense listed or described	30974
in division (C)(2) of this section, that, as of the date set forth	30975
on the letter, the employment service had not received the results	30976
of the criminal records check, and that, when the employment	30977
service receives the results of the criminal records check, it	30978
promptly will send a copy of the results to the home health	30979
agency. If a home health agency employs an applicant conditionally	30980
in accordance with this division, the employment service, upon its	30981
receipt of the results of the criminal records check, promptly	30982
shall send a copy of the results to the home health agency, and	30983
division (C)(3)(b) of this section applies regarding the	30984
conditional employment.	30985

(3) The chief administrator of a home health agency is not	30986
required to request that the superintendent of the bureau of	30987
criminal identification and investigation conduct a criminal	30988
records check of an applicant for a position that involves both	30989
responsibility for the care, custody, and control of a child and	30990
the provision of direct care to older adults if the applicant has	30991
been referred to the agency by an employment service that supplies	30992
full-time, part-time, or temporary staff for positions involving	30993
both responsibility for the care, custody, and control of a child	30994
and the provision of direct care to older adults and both of the	30995
following apply:	30996

(a) The chief administrator receives from the employment	30997
service or applicant a report of a criminal records check of the	30998
type described in division (I)(1)(a) of this section;	30999

(b) The report of the criminal records check demonstrates	31000
that the person has not been convicted of or pleaded guilty to an	31001
offense listed or described in division (C)(1) or (2) of this	31002
section, or the report demonstrates that the person has been	31003
convicted of or pleaded guilty to one or more of those offenses,	31004
but the home health agency chooses to employ the individual	31005
pursuant to division (F) of this section.	31006

(4) The chief administrator of a home health agency is not	31007
required to request that the superintendent of the bureau of	31008
criminal identification and investigation conduct a criminal	31009
records check of an applicant for a position that involves both	31010
responsibility for the care, custody, and control of a child and	31011
the provision of direct care to older adults and may employ the	31012
applicant conditionally in a position of that nature as described	31013
in this division, if the applicant has been referred to the agency	31014
by an employment service that supplies full-time, part-time, or	31015
temporary staff for positions involving both responsibility for	31016
the care, custody, and control of a child and the direct care of	31017
older adults and if the chief administrator receives from the	31018
employment service or the applicant a letter from the employment	31019
service that is on the letterhead of the employment service,	31020
dated, and signed by a supervisor or another designated official	31021
of the employment service and that states that the employment	31022
service has requested the superintendent to conduct a criminal	31023
records check regarding the applicant, that the requested criminal	31024
records check will include a determination of whether the	31025
applicant has been convicted of or pleaded guilty to any offense	31026
listed or described in division (C)(1) or (2) of this section,	31027
that, as of the date set forth on the letter, the employment	31028
service had not received the results of the criminal records	31029
check, and that, when the employment service receives the results	31030
of the criminal records check, it promptly will send a copy of the	31031
results to the home health agency. If a home health agency employs	31032
an applicant conditionally in accordance with this division, the	31033
employment service, upon its receipt of the results of the	31034
criminal records check, promptly shall send a copy of the results	31035
to the home health agency, and division (C)(3)(b) of this section	31036
applies regarding the conditional employment.	31037

Sec. 3701.99.  (A) Whoever violates section 3701.25 of the	31038
Revised Code is guilty of a minor misdemeanor on a first offense;	31039
on each subsequent offense, the person is guilty of a misdemeanor	31040
of the second degree.	31041

(B) Whoever violates division (I) of section 3701.262,	31042
division (D) of section 3701.263, or section 3701.352 or sections	31043
3701.46 to 3701.55 of the Revised Code is guilty of a minor	31044
misdemeanor on a first offense; on each subsequent offense, the	31045
person is guilty of a misdemeanor of the fourth degree.	31046

(C) Whoever violates section 3701.82 of the Revised Code is	31047
guilty of a misdemeanor of the first degree.	31048

(D) Whoever violates section 3701.81 of the Revised Code is	31049
guilty of a misdemeanor of the second degree.	31050

(E) Whoever violates division (G) of section 3701.88 of the	31051
Revised Code shall be fined not more than one hundred dollars.	31052
Each day the violation continues is a separate offense.	31053

Sec. 3702.31.  (A) The quality monitoring and inspection fund	31054
is hereby created in the state treasury. The director of health	31055
shall use the fund to administer and enforce this section and	31056
sections 3702.11 to 3702.20, 3702.30, and 3702.32 of the Revised	31057
Code and rules adopted pursuant to those sections. The director	31058
shall deposit in the fund any moneys collected pursuant to this	31059
section or section 3702.32 of the Revised Code. All investment	31060
earnings of the fund shall be credited to the fund.	31061

(B) The director of health shall adopt rules pursuant to	31062
Chapter 119. of the Revised Code establishing fees for both of the	31063
following:	31064

(1) Initial and renewal license applications submitted under	31065
section 3702.30 of the Revised Code. The fees established under	31066
division (B)(1) of this section shall not exceed the actual and	31067
necessary costs of performing the activities described in division	31068
(A) of this section.	31069

(2) Inspections conducted under section 3702.15 or 3702.30 of	31070
the Revised Code. The fees established under division (B)(2) of	31071
this section shall not exceed the actual and necessary costs	31072
incurred during an inspection, including any indirect costs	31073
incurred by the department for staff, salary, or other	31074
administrative costs. The director of health shall provide to each	31075
health care facility or provider inspected pursuant to section	31076
3702.15 or 3702.30 of the Revised Code a written statement of the	31077
fee. The statement shall itemize and total the costs incurred.	31078
Within fifteen days after receiving a statement from the director,	31079
the facility or provider shall forward the total amount of the fee	31080
to the director.	31081

(3) The fees described in divisions (B)(1) and (2) of this	31082
section shall meet both of the following requirements:	31083

(a) For each service described in section 3702.11 of the	31084
Revised Code, the fee shall not exceed one thousand twoseven	31085
hundred fifty dollars annually, except that the total fees charged	31086
to a health care provider under this section shall not exceed five	31087
thousand dollars annually.	31088

(b) The fee shall exclude any costs reimbursable by the	31089
United States health care financing administration as part of the	31090
certification process for the medicare program established under	31091
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	31092
U.S.C.A. 301, as amended, and the medicaid program established	31093
under Title XIX of that act.	31094

(4) The director shall not establish a fee for any service	31095
for which a licensure or inspection fee is paid by the health care	31096
provider to a state agency for the same or similar licensure or	31097
inspection.	31098

Sec. 3702.529.  (A) A person granted a nonreviewability	31099
ruling prior to April 20, 1995, may implement the activity for	31100
which the ruling was issued in accordance with the information	31101
provided to the director of health in the request for the ruling,	31102
notwithstanding the amendments to sections 3702.51 to 3702.62 of	31103
the Revised Code by Amended Substitute Senate Bill No. 50 and	31104
Amended Substitute Senate Bill No. 156, both of the 121st general	31105
assembly. A person granted a certificate of need or	31106
nonreviewability ruling prior to that date is not required to file	31107
a notice of intent under section 3702.581 of the Revised Code, as	31108
that section existed prior to the effective date of this	31109
amendment, with respect to the activity for which the certificate	31110
or ruling was issued.	31111

(B) A certificate of need is not required for any person to	31112
add a cardiac catheterization laboratory to an existing cardiac	31113
catheterization service, as described in division (R)(11) of	31114
section 3702.51 of the Revised Code, if the person, prior to the	31115
effective date of this sectionJune30, 1995, filed a notice of	31116
intent under section 3702.581 of the Revised Code, as that section	31117
existed prior to the effective date of this amendment, to do so.	31118
However, the exemption provided by this division expires six	31119
months after the effective date of this sectionJune30, 1995,	31120
unless the person has taken action to implement the addition by	31121
taking the applicable action listed in divisions (A)(1) to (6) of	31122
section 3702.525 of the Revised Code and provides the director	31123
with written documentation that action has been taken.	31124

(C) The director shall issue a reviewability ruling, in	31125
accordance with the version of section 3702.528 of the Revised	31126
Code in effect immediately prior to the effective date of this	31127
sectionJune30, 1995, to any hospital that requested one prior to	31128
that date concerning a relocation of any of the following to	31129
another hospital in the same or a different metropolitan	31130
statistical area:	31131

(1) Obstetric or newborn care beds registered under section	31132
3701.07 of the Revised Code as level II or III beds;	31133

(2) Pediatric intensive care beds;

31134

(3) A health service specified in division (R)(1) of section	31135
3702.51 of the Revised Code.	31136

A certificate of need is not required to conduct such a	31137
relocation for which the director has issued a nonreviewability	31138
ruling. However, the exemption provided by this division expires	31139
six months after the effective date of this sectionJune30, 1995,	31140
unless the hospital has taken action to implement the relocation	31141
by taking the applicable action listed in divisions (A)(1) to (6)	31142
of section 3702.525 of the Revised Code and provides the director	31143
with written documentation that action has been taken.	31144

The director shall not issue a reviewability ruling requested	31145
under the previous version of section 3702.528 of the Revised Code	31146
concerning a relocation of long-term care beds.	31147

(D) A certificate of need is not required to relocate	31148
existing health services from one hospital to another, as	31149
described in division (T) of the version of section 3702.51 of the	31150
Revised Code in effect immediately prior to the effective date of	31151
this sectionJune30, 1995, if the hospitals filed the notice of	31152
intent required by division (T)(2) of that version prior to the	31153
effective date of this amendmentJune30, 1995, and comply with	31154
divisions (T)(1) and (T)(3) to (6) of that version.	31155

Sec. 3702.53.  (A) No person shall carry out any reviewable	31156
activity unless a certificate of need for such activity has been	31157
granted under sections 3702.51 to 3702.62 of the Revised Code or	31158
the person is exempted by division (T) of section 3702.51 or	31159
section 3702.527, 3702.528, 3702.529, 3702.5210, or 3702.62 of the	31160
Revised Code from the requirement that a certificate of need be	31161
obtained. No person shall carry out any reviewable activity if a	31162
certificate of need authorizing that activity has been withdrawn	31163
by the director of health under section 3702.52 or 3702.526 of the	31164
Revised Code. No person shall carry out a reviewable activity if	31165
the certificate of need authorizing that activity is void pursuant	31166
to section 3702.524 of the Revised Code or has expired pursuant to	31167
section 3702.525 of the Revised Code.	31168

(B) No person shall separate portions of any proposal for any	31169
reviewable activity to evade the requirements of sections 3702.51	31170
to 3702.62 of the Revised Code.	31171

(C) No person granted a certificate of need shall carry out	31172
the reviewable activity authorized by the certificate of need	31173
other than in substantial accordance with the approved application	31174
for the certificate of need.	31175

(D) No person shall fail to file a notice required by section	31176
3702.581 of the Revised Code.	31177

Sec. 3702.532.  When the director of health determines that a	31178
person has violated section 3702.53 of the Revised Code, the	31179
director shall send a notice to the person by certified mail,	31180
return receipt requested, specifying the activity constituting the	31181
violation and the penalties imposed under section 3702.54,	31182
3702.541, or 3702.542, or 3702.543 of the Revised Code.	31183

Sec. 3702.54.  Except as provided in sections 3702.541,and	31184
3702.542, and former section 3702.543 of the Revised Code,	31185
divisions (A) and (B) of this section apply when the director of	31186
health determines that a person has violated section 3702.53 of	31187
the Revised Code.	31188

(A) The director shall impose a civil penalty on the person	31189
in an amount equal to the greatest of the following:	31190

(1) Three thousand dollars;

31191

(2) Five per cent of the operating cost of the activity that	31192
constitutes the violation during the period of time it was	31193
conducted in violation of section 3702.53 of the Revised Code;	31194

(3) Two per cent of the total capital cost associated with	31195
implementation of the activity.	31196

In no event, however, shall the penalty exceed two hundred	31197
fifty thousand dollars.	31198

(B)(1) Notwithstanding section 3702.52 of the Revised Code,	31199
the director shall refuse to accept for review any application for	31200
a certificate of need filed by or on behalf of the person, or any	31201
successor to the person or entity related to the person, for a	31202
period of not less than one year and not more than three years	31203
after hethe director mails the notice of histhe director's	31204
determination under section 3702.532 of the Revised Code or, if	31205
histhe determination is appealed under section 3702.60 of the	31206
Revised Code, the issuance of the order upholding histhe	31207
determination that is not subject to further appeal. In	31208
determining the length of time during which he will not accept	31209
applications will not be accepted, the director may consider any	31210
of the following:	31211

(a) The nature and magnitude of the violation;

31212

(b) The ability of the person to have averted the violation;

31213

(c) Whether the person disclosed the violation to the	31214
director before the director commenced his investigation;	31215

(d) The person's history of compliance with sections 3702.51	31216
to 3702.62 and the rules adopted under section 3702.57 of the	31217
Revised Code;	31218

(e) Any community hardship that may result from refusing to	31219
accept future applications from the person.	31220

(2) Notwithstanding the one-year minimum imposed by division	31221
(B)(1) of this section, the director may establish a period of	31222
less than one year during which hethe director will refuse to	31223
accept certificate of need applications if, after reviewing all	31224
information available to himthe director, hethe director	31225
determines and expressly indicates in the notice mailed under	31226
section 3702.532 of the Revised Code that refusing to accept	31227
applications for a longer period would result in hardship to the	31228
community in which the person provides health services. The	31229
director's finding of community hardship shall not affect the	31230
granting or denial of any future certificate of need application	31231
filed by the person.	31232

Sec. 3702.544.  Each person required by section 3702.54,	31233
3702.541, or 3702.542, or former section 3702.543 of the Revised	31234
Code to pay a civil penalty shall do so not later than sixty days	31235
after receiving the notice mailed under section 3702.532 of the	31236
Revised Code or, if the person appeals under section 3702.60 of	31237
the Revised Code the director of health's determination that a	31238
violation has occurred, not later than sixty days after the	31239
issuance of an order upholding histhe director's determination	31240
that is not subject to further appeal. The civil penalties shall	31241
be paid to the director. The director shall deposit them into the	31242
certificate of need fund created by section 3702.52 of the Revised	31243
Code.	31244

Sec. 3702.55.  Except as provided in section 3702.542 of the	31245
Revised Code, a person that the director of health determines has	31246
violated section 3702.53 of the Revised Code shall cease	31247
conducting the activity that constitutes the violation or	31248
utilizing the equipment or facility resulting from the violation	31249
not later than thirty days after the person receives the notice	31250
mailed under section 3702.532 of the Revised Code or, if the	31251
person appeals the director's determination under section 3702.60	31252
of the Revised Code, thirty days after the person receives an	31253
order upholding the director's determination that is not subject	31254
to further appeal. A person that applies for a certificate of need	31255
as described in section 3702.542 of the Revised Code shall cease	31256
conducting the activity or using the equipment or facility in	31257
accordance with the timetable established by the director of	31258
health under that section.	31259

If any person determined to have violated section 3702.53 of	31260
the Revised Code fails to cease conducting an activity or using	31261
equipment or a facility as required by this section or a timetable	31262
established under section 3702.542 of the Revised Code, or if the	31263
person continues to seek payment or reimbursement for services	31264
rendered or costs incurred in conducting the activity as	31265
prohibited by section 3702.56 of the Revised Code, in addition to	31266
the penalties imposed under section 3702.54, 3702.541, or	31267
3702.542, or former section 3702.543 of the Revised Code:	31268

(A) The director of health may refuse to include any beds	31269
involved in the activity in the bed capacity of a hospital for	31270
purposes of registration under section 3701.07 of the Revised	31271
Code;	31272

(B) The director of health may refuse to license, or may	31273
revoke a license or reduce bed capacity previously granted to, a	31274
maternity boardinghouse or lying-in hospital under section 3711.02	31275
of the Revised Code; a hospice care program under section 3712.04	31276
of the Revised Code; a nursing home, rest home, or home for the	31277
aging under section 3721.02 of the Revised Code; or any beds	31278
within any of those facilities that are involved in the activity;	31279

(C) A political subdivision certified under section 3721.09	31280
of the Revised Code may refuse to license, or may revoke a license	31281
or reduce bed capacity previously granted to, a nursing home, rest	31282
home, or home for the aging, or any beds within any of those	31283
facilities that are involved in the activity;	31284

(D) The director of mental health may refuse to license under	31285
section 5119.20 of the Revised Code, or may revoke a license or	31286
reduce bed capacity previously granted to, a hospital receiving	31287
mentally ill persons or beds within such a hospital that are	31288
involved in the activity;	31289

(E) The department of job and family services may refuse to	31290
enter into a provider agreement that includes a facility, beds, or	31291
services that result from the activity.	31292

Sec. 3702.60.  (A) Any affected person may appeal a	31293
reviewability ruling issued on or after April 20, 1995, to the	31294
director of health in accordance with Chapter 119. of the Revised	31295
Code, and the director shall provide an adjudication hearing in	31296
accordance with that chapter. An affected person may appeal the	31297
director's ruling in the adjudication hearing to the tenth	31298
district court of appeals.	31299

(B) The certificate of need applicant or another affected	31300
person may appeal to the director in accordance with Chapter 119.	31301
of the Revised Code a decision issued by the director on or after	31302
April 20, 1995, to grant or deny a certificate of need application	31303
for which an adjudication hearing was not conducted under section	31304
3702.52 of the Revised Code, and the director shall provide an	31305
adjudication hearing in accordance with that chapter. The	31306
certificate of need applicant or an affected person that was a	31307
party to and participated in an adjudication hearing conducted	31308
under this division or section 3702.52 of the Revised Code may	31309
appeal to the tenth district court of appeals the decision issued	31310
by the director following the adjudication hearing. No person may	31311
appeal to the director or a court the director's granting of a	31312
certificate of need prior to the effective date of this amendment	31313
June30, 1995, under the version of section 3702.52 of the Revised	31314
Code in effect immediately prior to that date due to failure to	31315
submit timely written objections, no person may appeal to the	31316
director or a court the director's granting of a certificate of	31317
need under division (C)(1) or (2) of section 3702.52 of the	31318
Revised Code.	31319

(C) The certificate of need holder may appeal to the director	31320
in accordance with Chapter 119. of the Revised Code a decision	31321
issued by the director under section 3702.52 or 3702.526 of the	31322
Revised Code on or after April 20, 1995, to withdraw a certificate	31323
of need, and the director shall provide an adjudication hearing in	31324
accordance with that chapter. The person may appeal the director's	31325
ruling in the adjudication hearing to the tenth district court of	31326
appeals.	31327

(D) Any person determined by the director to have violated	31328
section 3702.53 of the Revised Code may appeal that determination,	31329
or the penalties imposed under section 3702.54, 3702.541, or	31330
3702.542, or former section 3702.543 of the Revised Code, to the	31331
director in accordance with Chapter 119. of the Revised Code, and	31332
the director shall provide an adjudication hearing in accordance	31333
with that chapter. The person may appeal the director's ruling in	31334
the adjudication hearing to the tenth district court of appeals.	31335

(E) Each person appealing under this section to the director	31336
shall file with the director, not later than thirty days after the	31337
decision, ruling, or determination of the director was mailed, a	31338
notice of appeal designating the decision, ruling, or	31339
determination appealed from.	31340

(F) Each person appealing under this section to the tenth	31341
district court of appeals shall file with the court, not later	31342
than thirty days after the date the director's adjudication order	31343
was mailed, a notice of appeal designating the order appealed	31344
from. The appellant also shall file notice with the director not	31345
later than thirty days after the date the order was mailed.	31346

(1) Not later than thirty days after receipt of the notice of	31347
appeal, the director shall prepare and certify to the court the	31348
complete record of the proceedings out of which the appeal arises.	31349
The expense of preparing and transcribing the record shall be	31350
taxed as part of the costs of the appeal. In the event that the	31351
record or a part thereof is not certified within the time	31352
prescribed by this division, the appellant may apply to the court	31353
for an order that the record be certified.	31354

(2) In hearing the appeal, the court shall consider only the	31355
evidence contained in the record certified to it by the director.	31356
The court may remand the matter to the director for the admission	31357
of additional evidence on a finding that the additional evidence	31358
is material, newly discovered, and could not with reasonable	31359
diligence have been ascertained before the hearing before the	31360
director. Except as otherwise provided by statute, the court shall	31361
give the hearing on the appeal preference over all other civil	31362
matters, irrespective of the position of the proceedings on the	31363
calendar of the court.	31364

(3) The court shall affirm the director's order if it finds,	31365
upon consideration of the entire record and any additional	31366
evidence admitted under division (F)(2) of this section, that the	31367
order is supported by reliable, probative, and substantial	31368
evidence and is in accordance with law. In the absence of such a	31369
finding, it shall reverse, vacate, or modify the order.	31370

(4) If the court determines that the director committed	31371
material procedural error, the court shall remand the matter to	31372
the director for further consideration or action.	31373

(G) The court may award reasonable attorney's fees against	31374
the appellant if it determines that the appeal was frivolous.	31375
Sections 119.092, 119.093, and 2335.39 of the Revised Code do not	31376
apply to adjudication hearings under this section or section	31377
3702.52 of the Revised Code and judicial appeals under this	31378
section.	31379

(H) No person may intervene in an appeal brought under this	31380
section.	31381

Sec. 3702.61.  In addition to the sanctions imposed under	31382
sections 3702.54, 3702.541, 3702.542, 3702.543, and 3702.55 and	31383
former section 3702.543 of the Revised Code, if any person	31384
violates section 3702.53 of the Revised Code, the attorney general	31385
may commence necessary legal proceedings in the court of common	31386
pleas of Franklin county to enjoin the person from such violation	31387
until the requirements of sections 3702.51 to 3702.62 of the	31388
Revised Code have been satisfied. At the request of the director	31389
of health, the attorney general shall commence any necessary	31390
proceedings. The court has jurisdiction to grant and, on a showing	31391
of a violation, shall grant appropriate injunctive relief.	31392

Sec. 3702.63.  As specified in former Section 11 of Am. Sub.	31393
S.B. 50 of the 121st general assembly, as amended by Am. Sub. H.B.	31394
405 of the 124th general assembly, all of the following apply:	31395

(A) The removal of former divisions (E) and (F) of section	31396
3702.52 of the Revised Code by Sections 1 and 2 of Am. Sub. S.B.	31397
50 of the 121st general assembly does not release the holders of	31398
certificates of need issued under those divisions from complying	31399
with any conditions on which the granting of the certificates of	31400
need was based, including the requirement of former division	31401
(E)(6) of that section that the holders not enter into provider	31402
agreements under Chapter 5111. of the Revised Code and Title XIX	31403
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	31404
as amended, for at least ten years following initial licensure of	31405
the long-term care facilities for which the certificates were	31406
granted.	31407

(B) The repeal of section 3702.55 of the Revised Code by	31408
Section 2 of Am. Sub. S.B. 50 of the 121st general assembly does	31409
not release the holders of certificates of need issued under that	31410
section from complying with any conditions on which the granting	31411
of the certificates of need was based, other than the requirement	31412
of division (A)(6) of that section that the holders not seek	31413
certification under Title XVIII of the "Social Security Act" for	31414
beds recategorized under the certificates. That repeal also does	31415
not eliminate the requirement that the director of health revoke	31416
the licensure of the beds under Chapter 3721. of the Revised Code	31417
if a person to which their ownership is transferred fails, as	31418
required by division (A)(6) of the repealed section, to file	31419
within ten days after the transfer a sworn statement not to seek	31420
certification under Title XIX of the "Social Security Act" for	31421
beds recategorized under the certificates of need.	31422

(C) The repeal of section 3702.56 of the Revised Code by	31423
Section 2 of Am. Sub. S.B. 50 of the 121st general assembly does	31424
not release the holders of certificates of need issued under that	31425
section from complying with any conditions on which the granting	31426
of the certificates of need was based.	31427

Sec. 3702.68.  (A) Notwithstanding sections 3702.51 to	31428
3702.62 of the Revised Code, this section applies to the review of	31429
certificate of need applications during the period beginning July	31430
1, 1993, and ending June 30, 20032005.	31431

(B)(1) Except as provided in division (B)(2) of this section,	31432
the director of health shall neither grant nor deny any	31433
application for a certificate of need submitted prior to July 1,	31434
1993, if the application was for any of the following and the	31435
director had not issued a written decision concerning the	31436
application prior to that date:	31437

(a) Approval of beds in a new health care facility or an	31438
increase of beds in an existing health care facility, if the beds	31439
are proposed to be licensed as nursing home beds under Chapter	31440
3721. of the Revised Code;	31441

(b) Approval of beds in a new county home or new county	31442
nursing home as defined in section 5155.31 of the Revised Code, or	31443
an increase of beds in an existing county home or existing county	31444
nursing home, if the beds are proposed to be certified as skilled	31445
nursing facility beds under Title XVIII or nursing facility beds	31446
under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),	31447
42 U.S.C.A. 301, as amended;	31448

(c) Recategorization of hospital beds as described in section	31449
3702.522 of the Revised Code, an increase of hospital beds	31450
registered pursuant to section 3701.07 of the Revised Code as	31451
long-term care beds or skilled nursing facility beds, or a	31452
recategorization of hospital beds that would result in an increase	31453
of beds registered pursuant to that section as long-term care beds	31454
or skilled nursing facility beds.	31455

On July 1, 1993, the director shall return each such	31456
application to the applicant and, notwithstanding section 3702.52	31457
of the Revised Code regarding the uses of the certificate of need	31458
fund, shall refund to the applicant the application fee paid under	31459
that section. Applications returned under division (B)(1) of this	31460
section may be resubmitted in accordance with section 3702.52 of	31461
the Revised Code no sooner than July 1, 20032005.	31462

(2) The director shall continue to review and shall issue a	31463
decision regarding any application submitted prior to July 1,	31464
1993, to increase beds for either of the purposes described in	31465
division (B)(1)(a) or (b) of this section if the proposed increase	31466
in beds is attributable solely to a replacement or relocation of	31467
existing beds within the same county. The director shall authorize	31468
under such an application no additional beds beyond those being	31469
replaced or relocated.	31470

(C)(1) Except as provided in division (C)(2) of this section,	31471
the director, during the period beginning July 1, 1993, and ending	31472
June 30, 20032005, shall not accept for review under section	31473
3702.52 of the Revised Code any application for a certificate of	31474
need for any of the purposes described in divisions (B)(1)(a) to	31475
(c) of this section.	31476

(2) The director shall accept for review any application for	31477
either of the purposes described in division (B)(1)(a) or (b) of	31478
this section if the proposed increase in beds is attributable	31479
solely to a replacement or relocation of existing beds within the	31480
same county. The director shall authorize under such an	31481
application no additional beds beyond those being replaced or	31482
relocated. The director also shall accept for review any	31483
application that seeks certificate of need approval for existing	31484
beds located in an infirmary that is operated exclusively by a	31485
religious order, provides care exclusively to members of religious	31486
orders who take vows of celibacy and live by virtue of their vows	31487
within the orders as if related, and was providing care	31488
exclusively to members of such a religious order on January 1,	31489
1994.	31490

(D) The director shall issue a decision regarding any case	31491
remanded by a court as the result of a decision issued by the	31492
director prior to July 1, 1993, to grant, deny, or withdraw a	31493
certificate of need for any of the purposes described in divisions	31494
(B)(1)(a) to (c) of this section.	31495

(E) The director shall not project the need for beds listed	31496
in division (B)(1) of this section for the period beginning July	31497
1, 1993, and ending June 30, 20032005.	31498

This section is an interim section effective until July 1,	31499
20032005.	31500

Sec. 3702.74.  (A) A primary care physician who has signed a	31501
letter of intent under section 3702.73 of the Revised Code, the	31502
director of health, and the Ohio board of regents may enter into a	31503
contract for the physician's participation in the physician loan	31504
repayment program. A lending institution may also be a party to	31505
the contract.	31506

(B) The contract shall include all of the following	31507
obligations:	31508

(1) The primary care physician agrees to provide primary care	31509
services in the health resource shortage area identified in the	31510
letter of intent for at least two years or one year per twenty	31511
thousand dollars of repayment agreed to under division (B)(3) of	31512
this section, whichever is greater;	31513

(2) When providing primary care services in the health	31514
resource shortage area, the primary care physician agrees to do	31515
all of the following:	31516

(a) Provide primary care services for a minimum of forty	31517
hours per week;	31518

(b) Provide primary care services without regard to a	31519
patient's ability to pay;	31520

(c) Meet the conditions prescribed by the "Social Security	31521
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the	31522
department of job and family services for participation in the	31523
medical assistance program established under Chapter 5111. of the	31524
Revised Code and enter into a contract with the department to	31525
provide primary care services to recipients of the medical	31526
assistance program;	31527

(d) Meet the conditions established by the department of job	31528
and family services for participation in the disability assistance	31529
medical assistance program established under Chapter 5115. of the	31530
Revised Code and enter into a contract with the department to	31531
provide primary care services to recipients of disability medical	31532
assistance.	31533

(3) The Ohio board of regents agrees, as provided in section	31534
3702.75 of the Revised Code, to repay, so long as the primary care	31535
physician performs the service obligation agreed to under division	31536
(B)(1) of this section, all or part of the principal and interest	31537
of a government or other educational loan taken by the primary	31538
care physician for expenses described in section 3702.75 of the	31539
Revised Code;	31540

(4) The primary care physician agrees to pay the board the	31541
following as damages if the physician fails to complete the	31542
service obligation agreed to under division (B)(1) of this	31543
section:	31544

(a) If the failure occurs during the first two years of the	31545
service obligation, three times the total amount the board has	31546
agreed to repay under division (B)(3) of this section;	31547

(b) If the failure occurs after the first two years of the	31548
service obligation, three times the amount the board is still	31549
obligated to repay under division (B)(3) of this section.	31550

(C) The contract may include any other terms agreed upon by	31551
the parties, including an assignment to the Ohio board of regents	31552
of the physician's duty to pay the principal and interest of a	31553
government or other educational loan taken by the physician for	31554
expenses described in section 3702.75 of the Revised Code. If the	31555
board assumes the physician's duty to pay a loan, the contract	31556
shall set forth the total amount of principal and interest to be	31557
paid, an amortization schedule, and the amount of each payment to	31558
be made under the schedule.	31559

Sec. 3705.01.  As used in this chapter:

31560

(A) "Live birth" means the complete expulsion or extraction	31561
from its mother of a product of human conception that after such	31562
expulsion or extraction breathes or shows any other evidence of	31563
life such as beating of the heart, pulsation of the umbilical	31564
cord, or definite movement of voluntary muscles, whether or not	31565
the umbilical cord has been cut or the placenta is attached.	31566

(B)(1) "Fetal death" means death prior to the complete	31567
expulsion or extraction from its mother of a product of human	31568
conception of at least twenty weeks of gestation, which after such	31569
expulsion or extraction does not breathe or show any other	31570
evidence of life such as beating of the heart, pulsation of the	31571
umbilical cord, or definite movement of voluntary muscles.	31572

(2) "Stillborn" means that an infant suffered a fetal death.

31573

(C) "Dead body" means a human body or part of a human body	31574
from the condition of which it reasonably may be concluded that	31575
death recently occurred.	31576

(D) "Physician" means a person licensed pursuant to Chapter	31577
4731. of the Revised Code to practice medicine or surgery or	31578
osteopathic medicine and surgery.	31579

(E) "Attending physician" means the physician in charge of	31580
the patient's care for the illness or condition that resulted in	31581
death.	31582

(F) "Institution" means any establishment, public or private,	31583
that provides medical, surgical, or diagnostic care or treatment,	31584
or domiciliary care, to two or more unrelated individuals, or to	31585
persons committed by law.	31586

(G) "Funeral director" has the meaning given in section	31587
4717.01 of the Revised Code.	31588

(H) "State registrar" means the head of the office of vital	31589
statistics in the department of health.	31590

(I) "Medical certification" means completion of the medical	31591
certification portion of the certificate of death or fetal death	31592
as to the cause of death or fetal death.	31593

(J) "Final disposition" means the interment, cremation,	31594
removal from the state, donation, or other authorized disposition	31595
of a dead body or a fetal death.	31596

(K) "Interment" means the final disposition of the remains of	31597
a dead body by burial or entombment.	31598

(L) "Cremation" means the reduction to ashes of a dead body.

31599

(M) "Donation" means gift of a dead body to a research	31600
institution or medical school.	31601

(N) "System of vital statistics" means the registration,	31602
collection, preservation, amendment, and certification of vital	31603
records, the collection of other reports required by this chapter,	31604
and activities related thereto.	31605

(O) "Vital records" means certificates or reports of birth,	31606
death, fetal death, marriage, divorce, dissolution of marriage,	31607
annulment, and data related thereto and other documents maintained	31608
as required by statute.	31609

(P) "File" means the presentation of vital records for	31610
registration by the office of vital statistics.	31611

(Q) "Registration" means the acceptance by the office of	31612
vital statistics and the incorporation of vital records into its	31613
official records.	31614

(R) "Birth record" means a birth certificate that has been	31615
registered with the office of vital statistics; or, if registered	31616
prior to the effective date of this section, with the division of	31617
vital statistics; or, if registered prior to the establishment of	31618
the division of vital statistics, with the department of health or	31619
a local registrar.	31620

(S) "Certification of birth" means a document issued by the	31621
director of health or state registrar or a local registrar under	31622
division (B) of section 3705.23 of the Revised Code.	31623

Sec. 3705.23.  (A)(1) Except as otherwise provided in this	31624
section, the director of health, the state registrar, or a local	31625
registrar, on receipt of a signed application and the fee	31626
specified in section 3705.24 of the Revised Code, shall issue a	31627
certified copy of a vital record, or of a part of a vital record,	31628
in the director's or registrar's custody to any applicant, unless	31629
the vital record has ceased to be a public record pursuant to	31630
section 3705.09, 3705.11, 3705.12, or 3705.15 of the Revised Code.	31631
The certified copy shall show the date the vital record was	31632
registered by the local registrar.	31633

(2) A certified copy of a vital record may be made by a	31634
mechanical, electronic, or other reproduction process. It shall be	31635
certified as a true copy by the director, state registrar, or	31636
local registrar who has custody of the record and shall include	31637
the date of issuance, the name of the issuing officer, the	31638
signature of the officer or an authorized facsimile of the	31639
signature, and the seal of the issuing office.	31640

(3) A certified copy of a vital record or of any part of a	31641
vital record, issued in accordance with this section, shall be	31642
considered for all purposes the same as the original and shall be	31643
prima-facie evidence of the facts stated in it in all courts and	31644
places.	31645

(4)(a) Information contained in the "information for medical	31646
and health use only" section of a birth record shall not be	31647
included as part of a certified copy of the birth record unless	31648
the information specifically is requested by the individual to	31649
whose birth the record attests, either of the individual's parents	31650
or the individual's guardian, a lineal descendant, or an official	31651
of the federal or state government or of a political subdivision	31652
of the state charged by law with detecting or prosecuting crime.	31653

(b) Except as provided in division (A)(4)(a) of this section,	31654
neither the office of vital statistics nor a local registrar shall	31655
disclose information contained in the "information for medical and	31656
health use only" section of a birth record unless a court, for	31657
good cause shown, orders disclosure of the information or the	31658
state registrar specifically authorizes release of the information	31659
for statistical or research purposes under conditions the state	31660
registrar, subject to the approval of the director of health,	31661
shall establish by rule.	31662

(B)(1) Unless the applicant specifically requests a certified	31663
copy, the director, the state registrar, or a local registrar, on	31664
receipt of a signed application for a birth record and the fee	31665
specified in section 3705.24 of the Revised Code, may issue a	31666
certification of birth, and the certification of birth shall	31667
contain at least the name, sex, date of birth, registration date,	31668
and place of birth of the person to whose birth the record attests	31669
and shall attest that the person's birth has been registered. A	31670
certification of birth shall be prima-facie evidence of the facts	31671
stated in it in all courts and places.	31672

(2) The director or the state registrar, on the receipt of a	31673
signed application for an heirloom certification of birth and the	31674
fee specified in section 3705.24 of the Revised Code, may issue an	31675
heirloom certification of birth. The director shall prescribe by	31676
rule guidelines for the form of an heirloom certification of	31677
birth, and the guidelines shall require the heirloom certification	31678
of birth to contain at least the name, sex, date of birth,	31679
registration date, and place of birth of the person to whose birth	31680
the record attests and to attest that the person's birth has been	31681
registered. An heirloom certification of birth shall be	31682
prima-facie evidence of the facts stated in it in all courts and	31683
places.	31684

(3) The director or the state registrar, on the receipt of an	31685
application signed by either parent, shall issue a certificate	31686
recognizing the delivery of a stillborn infant. The director shall	31687
prescribe guidelines by rule for the form of the certificate. The	31688
guidelines shall require that the certificate contain at least the	31689
name, sex, date of delivery, and place of delivery. The director	31690
or the state registrar shall charge no fee for the certificate. A	31691
certificate recognizing the delivery of a stillborn infant is not	31692
proof of a live birth for purposes of federal, state, and local	31693
taxes.	31694

(C) On evidence that a birth certificate was registered	31695
through misrepresentation or fraud, the state registrar may	31696
withhold the issuance of a certified copy of the birth record or a	31697
certification of birth until a court makes a determination that no	31698
misrepresentation or fraud occurred.	31699

(D) Except as provided in division (A)(4)(b) of this section,	31700
the state registrar and a local registrar, on request, shall	31701
provide uncertified copies of vital records in accordance with	31702
section 149.43 of the Revised Code.	31703

Sec. 3705.24.  (A) Except as otherwise provided in this	31704
division or division (G) of this section, the fee for a certified	31705
copy of a vital record or for a certification of birth shall be	31706
seven dollars plus any fee required by section 3109.14 of the	31707
Revised Code. Except as provided in section 3705.241 of the	31708
Revised Code, the fee for a certified copy of a vital record or	31709
for a certification of birth issued by the office of vital	31710
statistics shall be an amount prescribed by the public health	31711
council plus any fee required by section 3109.14 of the Revised	31712
Code. The fee for a certified copy of a vital record or for a	31713
certification of birth issued by a health district shall be an	31714
amount prescribed in accordance with section 3709.09 of the	31715
Revised Code plus any fee required by section 3109.14 of the	31716
Revised Code. No certified copy of a vital record or certification	31717
of birth shall be issued without payment of the fee unless	31718
otherwise specified by statute.	31719

For a special search of the files and records to determine a	31720
date or place contained in a record on file, the office of vital	31721
statistics shall charge a fee of three dollars for each hour or	31722
fractional part of an hour required for the search.	31723

(B)(1) The public health council shall, in accordance with	31724
section 111.15 of the Revised Code, adopt rules prescribing fees	31725
for the following services provided by the state office of vital	31726
statistics:	31727

(a) Except as provided in division (A)(4) of this section:

31728

(i) A certified copy of a vital record or a certification of	31729
birth;	31730

(ii) A search by the office of vital statistics of its files	31731
and records pursuant to a request for information, regardless of	31732
whether a copy of a record is provided;	31733

(iii) A copy of a record provided pursuant to a request;

31734

(b) Replacement of a birth certificate following an adoption,	31735
legitimation, paternity determination or acknowledgement, or court	31736
order;	31737

(c) Filing of a delayed registration of a vital record;

31738

(d) Amendment of a vital record that is requested later than	31739
one year after the filing date of the vital record;	31740

(e) Any other documents or services for which the public	31741
health council considers the charging of a fee appropriate.	31742

(2) Fees prescribed under division (A)(1)(a) of this section	31743
shall not be less than seven dollars.	31744

(3) Fees prescribed under division (A)(1) of this section	31745
shall be collected in addition to any fee required by section	31746
3109.14 of the Revised Code.	31747

(4) Fees prescribed under division (A) of this section shall	31748
not apply to certifications issued under division (H) of this	31749
section or copies provided under section 3705.241 of the Revised	31750
Code.	31751

(B) In addition to the fees prescribed under division (A) of	31752
this section or section 3709.09 of the Revised Code, the office of	31753
vital statistics or the board of health of a city or general	31754
health district shall charge a five-dollar fee for each certified	31755
copy of a vital record and each certification of birth. This fee	31756
shall be deposited in the general operations fund created under	31757
section 3701.83 of the Revised Code and be used solely toward the	31758
modernization and automation of the system of vital records in	31759
this state. A board of health shall forward all fees collected	31760
under this division to the department of health not later than	31761
thirty days after the end of each calendar quarter.	31762

(C) Except as otherwise provided in division (G)(H) of this	31763
section, and except as provided in section 3705.241 of the Revised	31764
Code, fees collected by the director of health under sections	31765
3705.01 to 3705.29 of the Revised Code shall be paid into the	31766
state treasury to the credit of the general operations fund	31767
created by section 3701.83 of the Revised Code. MoneyExcept as	31768
provided in division (B) of this section, money generated by the	31769
fees shall be used only for administration and enforcement of this	31770
chapter and the rules adopted under it. Amounts submitted to the	31771
department of health for copies of vital records or services in	31772
excess of the fees imposed by this section shall be dealt with as	31773
follows:	31774

(1) An overpayment of two dollars or less shall be retained	31775
by the department and deposited in the state treasury to the	31776
credit of the general operations fund created by section 3701.83	31777
of the Revised Code.	31778

(2) An overpayment in excess of two dollars shall be returned	31779
to the person who made the overpayment.	31780

(C)(D) If a local registrar is a salaried employee of a city	31781
or a general health district, any fees the local registrar	31782
receives pursuant to section 3705.23 of the Revised Code shall be	31783
paid into the general fund of the city or the health fund of the	31784
general health district.	31785

Each local registrar of vital statistics, or each health	31786
district where the local registrar is a salaried employee of the	31787
district, shall be entitled to a fee for each birth, fetal death,	31788
death, or military service certificate properly and completely	31789
made out and registered with the local registrar or district and	31790
correctly copied and forwarded to the office of vital statistics	31791
in accordance with the population of the primary registration	31792
district at the last federal census. The fee for each birth, fetal	31793
death, death, or military service certificate shall be:	31794

(1) In primary registration districts of over two hundred	31795
fifty thousand, twenty cents;	31796

(2) In primary registration districts of over one hundred	31797
twenty-five thousand and less than two hundred fifty thousand,	31798
sixty cents;	31799

(3) In primary registration districts of over fifty thousand	31800
and less than one hundred twenty-five thousand, eighty cents;	31801

(4) In primary registration districts of less than fifty	31802
thousand, one dollar.	31803

(D)(E) The director of health shall annually certify to the	31804
county treasurers of the several counties the number of birth,	31805
fetal death, death, and military service certificates registered	31806
from their respective counties with the names of the local	31807
registrars and the amounts due each registrar and health district	31808
at the rates fixed in this section. Such amounts shall be paid by	31809
the treasurer of the county in which the registration districts	31810
are located. No fees shall be charged or collected by registrars	31811
except as provided by this chapter and section 3109.14 of the	31812
Revised Code.	31813

(E)(F) A probate judge shall be paid a fee of fifteen cents	31814
for each certified abstract of marriage prepared and forwarded by	31815
the probate judge to the department of health pursuant to section	31816
3705.21 of the Revised Code. The fee shall be in addition to the	31817
fee paid for a marriage license and shall be paid by the	31818
applicants for the license.	31819

(F)(G) The clerk of a court of common pleas shall be paid a	31820
fee of one dollar for each certificate of divorce, dissolution,	31821
and annulment of marriage prepared and forwarded by the clerk to	31822
the department pursuant to section 3705.21 of the Revised Code.	31823
The fee for the certified abstract of divorce, dissolution, or	31824
annulment of marriage shall be added to the court costs allowed in	31825
these cases.	31826

(G)(H) The fee for an heirloom certification of birth issued	31827
pursuant to division (B)(2) of section 3705.23 of the Revised Code	31828
shall be an amount prescribed by rule by the director of health	31829
plus any fee required by section 3109.14 of the Revised Code. In	31830
setting the amount of the fee, the director shall establish a	31831
surcharge in addition to an amount necessary to offset the expense	31832
of processing heirloom certifications of birth. The fee prescribed	31833
by the director of health pursuant to this division shall be	31834
deposited into the state treasury to the credit of the heirloom	31835
certification of birth fund which is hereby created. Money	31836
credited to the fund shall be used by the office of vital	31837
statistics to offset the expense of processing heirloom	31838
certifications of birth. However, the money collected for the	31839
surcharge, subject to the approval of the controlling board, shall	31840
be used for the purposes specified by the family and children	31841
first council pursuant to section 121.37 of the Revised Code.	31842

Sec. 3709.09.  (A) The board of health of a city or general	31843
health district may, by rule, establish a uniform system of fees	31844
to pay the costs of any services provided by the board. Fees	31845

The fee for issuance of a certified copy of a vital record or	31846
a certification of birth shall not be less than the fee prescribed	31847
for the same service under division (A)(1) of section 3705.24 of	31848
the Revised Code and shall include the fees required by division	31849
(B) of section 3705.24 and section 3109.14 of the Revised Code.	31850

Fees for services provided by the board for purposes	31851
specified in sections 3701.344, 3711.05, 3730.03, 3733.04,	31852
3733.25, and 3749.04 of the Revised Code shall be established in	31853
accordance with rules adopted under division (B) of this section.	31854
The district advisory council, in the case of a general health	31855
district, and the legislative authority of the city, in the case	31856
of a city health district, may disapprove any fee established by	31857
the board of health under this division, and any such fee, as	31858
disapproved, shall not be charged by the board of health.	31859

(B) The public health council shall adopt rules under section	31860
111.15 of the Revised Code that establish fee categories and	31861
uniform methodologies for use in calculating the costs of services	31862
provided for purposes specified in sections 3701.344, 3711.05,	31863
3730.03, 3733.04, 3733.25, and 3749.04 of the Revised Code. In	31864
adopting the rules, the public health council shall consider	31865
recommendations it receives from advisory boards established	31866
either by statute or the director of health for entities subject	31867
to the fees.	31868

(C) At least thirty days prior to establishing a fee for a	31869
service provided by the board for a purpose specified in section	31870
3701.344, 3711.05, 3730.03, 3733.04, 3733.25, or 3749.04 of the	31871
Revised Code, a board of health shall notify any entity that would	31872
be affected by the proposed fee of the amount of the proposed fee.	31873

Sec. 3710.05.  (A) Except as otherwise provided in this	31874
chapter, no person shall engage in any asbestos hazard abatement	31875
activities in this state unless licensed or certified pursuant to	31876
this chapter.	31877

(B) To apply for licensure as an asbestos abatement	31878
contractor or certification as an asbestos hazard abatement	31879
specialist, an asbestos hazard evaluation specialist, an asbestos	31880
hazard abatement project designer, or an asbestos hazard abatement	31881
air-monitoring technician, a person shall do all of the following:	31882

(1) Submit a completed application to the department of	31883
health, on a form provided by the department;	31884

(2) Pay the requisite fee as provided in division (D) of this	31885
section;	31886

(3) Submit any other information the public health council by	31887
rule requires.	31888

(C) The application form for a business entity or public	31889
entity applying for an asbestos hazard abatement contractor's	31890
license shall include all of the following:	31891

(1) A description of the protective clothing and respirators	31892
that the public entity will use to comply with rules adopted by	31893
the public health council and that the business entity will use to	31894
comply with requirements of the United States occupational safety	31895
and health administration;	31896

(2) A description of procedures the business entity or public	31897
entity will use for the selection, utilization, handling, removal,	31898
and disposal of clothing to prevent contamination or	31899
recontamination of the environment and to protect the public	31900
health from the hazards associated with exposure to asbestos;	31901

(3) The name and address of each asbestos disposal site that	31902
the business entity or public entity might use during the year;	31903

(4) A description of the site decontamination procedures that	31904
the business entity or public entity will use;	31905

(5) A description of the asbestos hazard abatement procedures	31906
that the business entity or public entity will use;	31907

(6) A description of the procedures that the business entity	31908
or public entity will use for handling waste containing asbestos;	31909

(7) A description of the air-monitoring procedures that the	31910
business entity or public entity will use to prevent contamination	31911
or recontamination of the environment and to protect the public	31912
health from the hazards of exposure to asbestos;	31913

(8) A description of the final clean-up procedures that the	31914
business entity or public entity will use;	31915

(9) A list of all partners, owners, and officers of the	31916
business entity along with their social security numbers;	31917

(10) The federal tax identification number of the business	31918
entity or the public entity.	31919

(D) The fees to be charged to each public entity and business	31920
entity and their employees and agents for licensure,	31921
certification, approval, and renewal of licenses, certifications,	31922
and approvals granted under this chapter, subject to division	31923
(A)(4) of section 3710.02 of the Revised Code, are:	31924

(1) FiveSeven hundred fifty dollars for asbestos hazard	31925
abatement contractors;	31926

(2) OneTwo hundred twenty-five dollars for asbestos hazard	31927
abatement project designers;	31928

(3) Twenty-fiveFifty dollars for asbestos hazard abatement	31929
workers;	31930

(4) OneTwo hundred twenty-five dollars for asbestos hazard	31931
abatement specialists;	31932

(5) OneTwo hundred twenty-five dollars for asbestos hazard	31933
evaluation specialists; and	31934

(6) SevenNine hundred fifty dollars for approval or renewal	31935
of asbestos hazard training providers.	31936

(E) Notwithstanding division (A) of this section, no business	31937
entity which engages in asbestos hazard abatement activities	31938
solely at its own place of business is required to be licensed as	31939
an asbestos hazard abatement contractor provided that the business	31940
entity is required to and does comply with all applicable	31941
standards of the United States environmental protection agency and	31942
the United States occupational safety and health administration	31943
and provided further that all persons employed by the business	31944
entity on the activity meet the requirements of this chapter.	31945

Sec. 3710.07.  (A) Prior to engaging in any asbestos hazard	31946
abatement project, an asbestos hazard abatement contractor shall	31947
do all of the following:	31948

(1) Prepare a written respiratory protection program as	31949
defined by the public health council pursuant to rule, and make	31950
the program available to the department of health, and workers at	31951
the job site if the contractor is a public entity or prepare a	31952
written respiratory protection program, consistent with 29 C.F.R.	31953
1910.134 and make the program available to the department, and	31954
workers at the job site if the contractor is a business entity;	31955

(2) Ensure that each worker who will be involved in any	31956
asbestos hazard abatement project has been examined within the	31957
preceding year and has been declared by a physician to be	31958
physically capable of working while wearing a respirator;	31959

(3) Ensure that each of histhe contractor's employees or	31960
agents who will come in contact with asbestos-containing materials	31961
or will be responsible for an asbestos hazard abatement project	31962
receives the appropriate certification or licensure required by	31963
this chapter and the following training:	31964

(a) An initial course approved by the department pursuant to	31965
section 3710.10 of the Revised Code, completed before engaging in	31966
any asbestos hazard abatement project; and	31967

(b) An annual review course approved by the department	31968
pursuant to section 3710.10 of the Revised Code.	31969

(B) After obtaining or renewing a license, an asbestos hazard	31970
abatement contractor shall notify the department, on a form	31971
approved by the director of health, at least ten days before	31972
beginning each asbestos hazard abatement project conducted during	31973
the term of histhe contractor's license.	31974

(C) In addition to any other fee imposed under this chapter,	31975
an asbestos hazard abatement contractor shall pay, at the time of	31976
providing notice under division (B) of this section, the	31977
department a fee of twenty-fivesixty-five dollars for each	31978
asbestos hazard abatement project conducted.	31979

Sec. 3711.021.  For the purposes of this chapter, a maternity	31980
hospital or lying-in hospital includes a limited maternity unit,	31981
which is a unit in a hospital that contains no other maternity	31982
unit, in which care is provided during all or part of the	31983
maternity cycle and newborns receive care in a private room	31984
serving all antepartum, labor, delivery, recovery, postpartum, and	31985
nursery needs.	31986

The director of health may charge a maternity hospital or	31987
lying-in hospital seeking an initial or renewal license under this	31988
chapter a fee not exceeding the following:	31989

(A) ThreeFour thousand eight hundred fiftyforty-two dollars	31990
for a hospital in which not less than two thousand births occurred	31991
the previous calendar year;	31992

(B) Three thousand threefive hundred fiftyseventeen dollars	31993
for a hospital in which not more than one thousand nine hundred	31994
ninety-nine and not less than one thousand births occurred the	31995
previous calendar year;	31996

(C) Two thousand eightnine hundred fiftyninety-two dollars	31997
for a hospital in which not more than nine hundred ninety-nine and	31998
not less than six hundred fifty births occurred the previous	31999
calendar year;	32000

(D) Two thousand threefour hundred fiftysixty-seven dollars	32001
for a hospital in which not more than six hundred forty-nine and	32002
not less than four hundred fifty births occurred the previous	32003
calendar year;	32004

(E) One thousand eightnine hundred fiftyforty-two dollars	32005
for a hospital in which not more than four hundred forty-nine	32006
births and not less than one hundred births occurred the previous	32007
calendar year;	32008

(F) One thousand threefour hundred fiftyseventeen dollars	32009
for a hospital in which not more than ninety-nine births occurred	32010
the previous calendar year.	32011

The director shall deposit all fees collected under this	32012
section into the general operations fund created under section	32013
3701.83 of the Revised Code. Money generated by the fees shall be	32014
used only for administration and enforcement of this chapter and	32015
rules adopted under it.	32016

Sec. 3721.02. (A) The director of health shall license homes	32017
and establish procedures to be followed in inspecting and	32018
licensing homes. The director may inspect a home at any time. Each	32019
home shall be inspected by the director at least once prior to the	32020
issuance of a license and at least once every fifteen months	32021
thereafter. The state fire marshal or a township, municipal, or	32022
other legally constituted fire department approved by the marshal	32023
shall also inspect a home prior to issuance of a license, at least	32024
once every fifteen months thereafter, and at any other time	32025
requested by the director. A home does not have to be inspected	32026
prior to issuance of a license by the director, state fire	32027
marshal, or a fire department if ownership of the home is assigned	32028
or transferred to a different person and the home was licensed	32029
under this chapter immediately prior to the assignment or	32030
transfer. The director may enter at any time, for the purposes of	32031
investigation, any institution, residence, facility, or other	32032
structure that has been reported to the director or that the	32033
director has reasonable cause to believe is operating as a nursing	32034
home, residential care facility, or home for the aging without a	32035
valid license required by section 3721.05 of the Revised Code or,	32036
in the case of a county home or district home, is operating	32037
despite the revocation of its residential care facility license.	32038
The director may delegate the director's authority and duties	32039
under this chapter to any division, bureau, agency, or official of	32040
the department of health.	32041

(B) A single facility may be licensed both as a nursing home	32042
pursuant to this chapter and as an adult care facility pursuant to	32043
Chapter 3722. of the Revised Code if the director determines that	32044
the part or unit to be licensed as a nursing home can be	32045
maintained separate and discrete from the part or unit to be	32046
licensed as an adult care facility.	32047

(C) In determining the number of residents in a home for the	32048
purpose of licensing, the director shall consider all the	32049
individuals for whom the home provides accommodations as one group	32050
unless one of the following is the case:	32051

(1) The home is a home for the aging, in which case all the	32052
individuals in the part or unit licensed as a nursing home shall	32053
be considered as one group, and all the individuals in the part or	32054
unit licensed as a rest home shall be considered as another group.	32055

(2) The home is both a nursing home and an adult care	32056
facility. In that case, all the individuals in the part or unit	32057
licensed as a nursing home shall be considered as one group, and	32058
all the individuals in the part or unit licensed as an adult care	32059
facility shall be considered as another group.	32060

(3) The home maintains, in addition to a nursing home or	32061
residential care facility, a separate and discrete part or unit	32062
that provides accommodations to individuals who do not require or	32063
receive skilled nursing care and do not receive personal care	32064
services from the home, in which case the individuals in the	32065
separate and discrete part or unit shall not be considered in	32066
determining the number of residents in the home if the separate	32067
and discrete part or unit is in compliance with the Ohio basic	32068
building code established by the board of building standards under	32069
Chapters 3781. and 3791. of the Revised Code and the home permits	32070
the director, on request, to inspect the separate and discrete	32071
part or unit and speak with the individuals residing there, if	32072
they consent, to determine whether the separate and discrete part	32073
or unit meets the requirements of this division.	32074

(D) The director of health shall charge an application fee	32075
and an annual renewal licensing and inspection fee of one hundred	32076
five dollars for each fifty persons or part thereof of a home's	32077
licensed capacity. All fees collected by the director for the	32078
issuance or renewal of licenses shall be deposited into the state	32079
treasury to the credit of the general operations fund created in	32080
section 3701.83 of the Revised Code for use only in administering	32081
and enforcing this chapter and rules adopted under it.	32082

(E)(1) Except as otherwise provided in this section, the	32083
results of an inspection or investigation of a home that is	32084
conducted under this section, including any statement of	32085
deficiencies and all findings and deficiencies cited in the	32086
statement on the basis of the inspection or investigation, shall	32087
be used solely to determine the home's compliance with this	32088
chapter or another chapter of the Revised Code in any action or	32089
proceeding other than an action commenced under division (I) of	32090
section 3721.17 of the Revised Code. Those results of an	32091
inspection or investigation, that statement of deficiencies, and	32092
the findings and deficiencies cited in that statement shall not be	32093
used in any court or in any action or proceeding that is pending	32094
in any court and are not admissible in evidence in any action or	32095
proceeding unless that action or proceeding is an appeal of an	32096
action by the department of health under this chapter or is an	32097
action by any department or agency of the state to enforce this	32098
chapter or another chapter of the Revised Code.	32099

(2) Nothing in division (E)(1) of this section prohibits the	32100
results of an inspection or investigation conducted under this	32101
section from being used in a criminal investigation or	32102
prosecution.	32103

Sec. 3721.121.  (A) As used in this section:

32104

(1) "Adult day-care program" means a program operated	32105
pursuant to rules adopted by the public health council under	32106
section 3721.04 of the Revised Code and provided by and on the	32107
same site as homes licensed under this chapter.	32108

(2) "Applicant" means a person who is under final	32109
consideration for employment with a home or adult day-care program	32110
in a full-time, part-time, or temporary position that involves	32111
providing direct care to an older adult. "Applicant" does not	32112
include a person who provides direct care as a volunteer without	32113
receiving or expecting to receive any form of remuneration other	32114
than reimbursement for actual expenses.	32115

(3) "Criminal records check" and "older adult" have the same	32116
meanings as in section 109.572 of the Revised Code.	32117

(4) "Home" means a home as defined in section 3721.10 of the	32118
Revised Code.	32119

(B)(1) Except as provided in division (I) of this section,	32120
the chief administrator of a home or adult day-care program shall	32121
request that the superintendent of the bureau of criminal	32122
identification and investigation conduct a criminal records check	32123
with respect to each applicant. If an applicant for whom a	32124
criminal records check request is required under this division	32125
does not present proof of having been a resident of this state for	32126
the five-year period immediately prior to the date the criminal	32127
records check is requested or provide evidence that within that	32128
five-year period the superintendent has requested information	32129
about the applicant from the federal bureau of investigation in a	32130
criminal records check, the chief administrator shall request that	32131
the superintendent obtain information from the federal bureau of	32132
investigation as part of the criminal records check of the	32133
applicant. Even if an applicant for whom a criminal records check	32134
request is required under this division presents proof of having	32135
been a resident of this state for the five-year period, the chief	32136
administrator may request that the superintendent include	32137
information from the federal bureau of investigation in the	32138
criminal records check.	32139

(2) A person required by division (B)(1) of this section to	32140
request a criminal records check shall do both of the following:	32141

(a) Provide to each applicant for whom a criminal records	32142
check request is required under that division a copy of the form	32143
prescribed pursuant to division (C)(1) of section 109.572 of the	32144
Revised Code and a standard fingerprint impression sheet	32145
prescribed pursuant to division (C)(2) of that section, and obtain	32146
the completed form and impression sheet from the applicant;	32147

(b) Forward the completed form and impression sheet to the	32148
superintendent of the bureau of criminal identification and	32149
investigation.	32150

(3) An applicant provided the form and fingerprint impression	32151
sheet under division (B)(2)(a) of this section who fails to	32152
complete the form or provide fingerprint impressions shall not be	32153
employed in any position for which a criminal records check is	32154
required by this section.	32155

(C)(1) Except as provided in rules adopted by the director of	32156
health in accordance with division (F) of this section and subject	32157
to division (C)(2) of this section, no home or adult day-care	32158
program shall employ a person in a position that involves	32159
providing direct care to an older adult if the person has been	32160
convicted of or pleaded guilty to any of the following:	32161

(a) A violation of section 2903.01, 2903.02, 2903.03,	32162
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	32163
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	32164
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	32165
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	32166
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	32167
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	32168
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	32169
2925.22, 2925.23, or 3716.11 of the Revised Code.	32170

(b) A violation of an existing or former law of this state,	32171
any other state, or the United States that is substantially	32172
equivalent to any of the offenses listed in division (C)(1)(a) of	32173
this section.	32174

(2)(a) A home or an adult day-care program may employ	32175
conditionally an applicant for whom a criminal records check	32176
request is required under division (B) of this section prior to	32177
obtaining the results of a criminal records check regarding the	32178
individual, provided that the home or program shall request a	32179
criminal records check regarding the individual in accordance with	32180
division (B)(1) of this section not later than five business days	32181
after the individual begins conditional employment. In the	32182
circumstances described in division (I)(2) of this section, a home	32183
or adult day-care program may employ conditionally an applicant	32184
who has been referred to the home or adult day-care program by an	32185
employment service that supplies full-time, part-time, or	32186
temporary staff for positions involving the direct care of older	32187
adults and for whom, pursuant to that division, a criminal records	32188
check is not required under division (B) of this section.	32189

(b) A home or adult day-care program that employs an	32190
individual conditionally under authority of division (C)(2)(a) of	32191
this section shall terminate the individual's employment if the	32192
results of the criminal records check requested under division (B)	32193
of this section or described in division (I)(2) of this section,	32194
other than the results of any request for information from the	32195
federal bureau of investigation, are not obtained within the	32196
period ending sixtythirty days after the date the request is	32197
made. Regardless of when the results of the criminal records check	32198
are obtained, if the results indicate that the individual has been	32199
convicted of or pleaded guilty to any of the offenses listed or	32200
described in division (C)(1) of this section, the home or program	32201
shall terminate the individual's employment unless the home or	32202
program chooses to employ the individual pursuant to division (F)	32203
of this section. Termination of employment under this division	32204
shall be considered just cause for discharge for purposes of	32205
division (D)(2) of section 4141.29 of the Revised Code if the	32206
individual makes any attempt to deceive the home or program about	32207
the individual's criminal record.	32208

(D)(1) Each home or adult day-care program shall pay to the	32209
bureau of criminal identification and investigation the fee	32210
prescribed pursuant to division (C)(3) of section 109.572 of the	32211
Revised Code for each criminal records check conducted pursuant to	32212
a request made under division (B) of this section.	32213

(2) A home or adult day-care program may charge an applicant	32214
a fee not exceeding the amount the home or program pays under	32215
division (D)(1) of this section. A home or program may collect a	32216
fee only if both of the following apply:	32217

(a) The home or program notifies the person at the time of	32218
initial application for employment of the amount of the fee and	32219
that, unless the fee is paid, the person will not be considered	32220
for employment;	32221

(b) The medical assistance program established under Chapter	32222
5111. of the Revised Code does not reimburse the home or program	32223
the fee it pays under division (D)(1) of this section.	32224

(E) The report of any criminal records check conducted	32225
pursuant to a request made under this section is not a public	32226
record for the purposes of section 149.43 of the Revised Code and	32227
shall not be made available to any person other than the	32228
following:	32229

(1) The individual who is the subject of the criminal records	32230
check or the individual's representative;	32231

(2) The chief administrator of the home or program requesting	32232
the criminal records check or the administrator's representative;	32233

(3) The administrator of any other facility, agency, or	32234
program that provides direct care to older adults that is owned or	32235
operated by the same entity that owns or operates the home or	32236
program;	32237

(4) A court, hearing officer, or other necessary individual	32238
involved in a case dealing with a denial of employment of the	32239
applicant or dealing with employment or unemployment benefits of	32240
the applicant;	32241

(5) Any person to whom the report is provided pursuant to,	32242
and in accordance with, division (I)(1) or (2) of this section.	32243

(F) In accordance with section 3721.11 of the Revised Code,	32244
the director of health shall adopt rules to implement this	32245
section. The rules shall specify circumstances under which a home	32246
or adult day-care program may employ a person who has been	32247
convicted of or pleaded guilty to an offense listed or described	32248
in division (C)(1) of this section but meets personal character	32249
standards set by the director.	32250

(G) The chief administrator of a home or adult day-care	32251
program shall inform each individual, at the time of initial	32252
application for a position that involves providing direct care to	32253
an older adult, that the individual is required to provide a set	32254
of fingerprint impressions and that a criminal records check is	32255
required to be conducted if the individual comes under final	32256
consideration for employment.	32257

(H) In a tort or other civil action for damages that is	32258
brought as the result of an injury, death, or loss to person or	32259
property caused by an individual who a home or adult day-care	32260
program employs in a position that involves providing direct care	32261
to older adults, all of the following shall apply:	32262

(1) If the home or program employed the individual in good	32263
faith and reasonable reliance on the report of a criminal records	32264
check requested under this section, the home or program shall not	32265
be found negligent solely because of its reliance on the report,	32266
even if the information in the report is determined later to have	32267
been incomplete or inaccurate;	32268

(2) If the home or program employed the individual in good	32269
faith on a conditional basis pursuant to division (C)(2) of this	32270
section, the home or program shall not be found negligent solely	32271
because it employed the individual prior to receiving the report	32272
of a criminal records check requested under this section;	32273

(3) If the home or program in good faith employed the	32274
individual according to the personal character standards	32275
established in rules adopted under division (F) of this section,	32276
the home or program shall not be found negligent solely because	32277
the individual prior to being employed had been convicted of or	32278
pleaded guilty to an offense listed or described in division	32279
(C)(1) of this section.	32280

(I)(1) The chief administrator of a home or adult day-care	32281
program is not required to request that the superintendent of the	32282
bureau of criminal identification and investigation conduct a	32283
criminal records check of an applicant if the applicant has been	32284
referred to the home or program by an employment service that	32285
supplies full-time, part-time, or temporary staff for positions	32286
involving the direct care of older adults and both of the	32287
following apply:	32288

(a) The chief administrator receives from the employment	32289
service or the applicant a report of the results of a criminal	32290
records check regarding the applicant that has been conducted by	32291
the superintendent within the one-year period immediately	32292
preceding the applicant's referral;	32293

(b) The report of the criminal records check demonstrates	32294
that the person has not been convicted of or pleaded guilty to an	32295
offense listed or described in division (C)(1) of this section, or	32296
the report demonstrates that the person has been convicted of or	32297
pleaded guilty to one or more of those offenses, but the home or	32298
adult day-care program chooses to employ the individual pursuant	32299
to division (F) of this section.	32300

(2) The chief administrator of a home or adult day-care	32301
program is not required to request that the superintendent of the	32302
bureau of criminal identification and investigation conduct a	32303
criminal records check of an applicant and may employ the	32304
applicant conditionally as described in this division, if the	32305
applicant has been referred to the home or program by an	32306
employment service that supplies full-time, part-time, or	32307
temporary staff for positions involving the direct care of older	32308
adults and if the chief administrator receives from the employment	32309
service or the applicant a letter from the employment service that	32310
is on the letterhead of the employment service, dated, and signed	32311
by a supervisor or another designated official of the employment	32312
service and that states that the employment service has requested	32313
the superintendent to conduct a criminal records check regarding	32314
the applicant, that the requested criminal records check will	32315
include a determination of whether the applicant has been	32316
convicted of or pleaded guilty to any offense listed or described	32317
in division (C)(1) of this section, that, as of the date set forth	32318
on the letter, the employment service had not received the results	32319
of the criminal records check, and that, when the employment	32320
service receives the results of the criminal records check, it	32321
promptly will send a copy of the results to the home or adult-care	32322
program. If a home or adult day-care program employs an applicant	32323
conditionally in accordance with this division, the employment	32324
service, upon its receipt of the results of the criminal records	32325
check, promptly shall send a copy of the results to the home or	32326
adult day-care program, and division (C)(2)(b) of this section	32327
applies regarding the conditional employment.	32328

Sec. 3721.19.  (A) As used in this section:

32329

(1) "Home" and "residential care facility" have the same	32330
meanings as in section 3721.01 of the Revised Code;	32331

(2) "Sponsor" and "residents' rights advocate" have the same	32332
meanings as in section 3721.10 of the Revised Code.	32333

A home licensed under this chapter that is not a party to a	32334
provider agreement, as defined in section 5111.20 of the Revised	32335
Code, shall provide each prospective resident, before admission,	32336
with the following information, orally and in a separate written	32337
notice on which is printed in a conspicuous manner: "This home is	32338
not a participant in the medical assistance program administered	32339
by the Ohio department of job and family services. Consequently,	32340
you may be discharged from this home if you are unable to pay for	32341
the services provided by this home."	32342

If the prospective resident has a sponsor whose identity is	32343
made known to the home, the home shall also inform the sponsor,	32344
before admission of the resident, of the home's status relative to	32345
the medical assistance program. Written acknowledgement of the	32346
receipt of the information shall be provided by the resident and,	32347
if the prospective resident has a sponsor who has been identified	32348
to the home, by the sponsor. The written acknowledgement shall be	32349
made part of the resident's record by the home.	32350

No home shall terminate its status as a provider under the	32351
medical assistance program unless it has complied with section	32352
5111.66 of the Revised Code and, at least ninety days prior to	32353
such termination, provided written notice to the department of job	32354
and family services and residents of the home and their sponsors	32355
of such action. This requirement shall not apply in cases where	32356
the department of job and family services terminates a home's	32357
provider agreement or provider status.	32358

(B) A home licensed under this chapter as a residential care	32359
facility shall provide notice to each prospective resident or the	32360
individual's sponsor of the services offered by the facility and	32361
the types of skilled nursing care that the facility may provide. A	32362
residential care facility that, pursuant to section 3721.012 of	32363
the Revised Code, has a policy of entering into risk agreements	32364
with residents or their sponsors shall provide each prospective	32365
resident or the individual's sponsor a written explanation of the	32366
policy and the provisions that may be contained in a risk	32367
agreement. At the time the information is provided, the facility	32368
shall obtain a statement signed by the individual receiving the	32369
information acknowledging that the individual received the	32370
information. The facility shall maintain on file the individual's	32371
signed statement.	32372

(C) A resident has a cause of action against a home for	32373
breach of any duty imposed by this section. The action may be	32374
commenced by the resident, or on the resident's behalf by the	32375
resident's sponsor or a residents' rights advocate, by the filing	32376
of a civil action in the court of common pleas of the county in	32377
which the home is located, or in the court of common pleas of	32378
Franklin county.	32379

If the court finds that a breach of any duty imposed by this	32380
section has occurred, the court shall enjoin the home from	32381
discharging the resident from the home until arrangements	32382
satisfactory to the court are made for the orderly transfer of the	32383
resident to another mode of health care including, but not limited	32384
to, another home, and may award the resident and a person or	32385
public agency that brings an action on behalf of a resident	32386
reasonable attorney's fees. If a home discharges a resident to	32387
whom or to whose sponsor information concerning its status	32388
relative to the medical assistance program was not provided as	32389
required under this section, the court shall grant any appropriate	32390
relief including, but not limited to, actual damages, reasonable	32391
attorney's fees, and costs.	32392

Sec. 3721.51.  The department of job and family services	32393
shall:	32394

(A) For the purposes specified in section 3721.56 of the	32395
Revised Code, determine an annual franchise permit fee on each	32396
nursing home in an amount equal to three dollars and thirty cents	32397
for fiscal year 2002, four dollars and thirty cents for fiscal	32398
yearsyear 2003 through, four dollars and seventy-five cents for	32399
fiscal year 2004, four dollars and ninety-five cents for fiscal	32400
year 2005, and one dollar for each fiscal year thereafter,	32401
multiplied by the product of the following:	32402

(1) The number of beds licensed as nursing home beds, plus	32403
any other beds certified as skilled nursing facility beds under	32404
Title XVIII or nursing facility beds under Title XIX of the	32405
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	32406
amended, on July 1, 1993, and, for each subsequent year, the first	32407
day of May of the calendar year in which the fee is determined	32408
pursuant to division (A) of section 3721.53 of the Revised Code;	32409

(2) The number of days in fiscal year 1994 and, for each	32410
subsequent year, the number of days in the fiscal year beginning	32411
on the first day of July of the calendar year in which the fee is	32412
determined pursuant to division (A) of section 3721.53 of the	32413
Revised Code.	32414

(B) For the purposes specified in section 3721.56 of the	32415
Revised Code, determine an annual franchise permit fee on each	32416
hospital in an amount equal to three dollars and thirty cents for	32417
fiscal year 2002, four dollars and thirty cents for fiscal years	32418
year 2003 through, four dollars and seventy-five cents for fiscal	32419
year 2004, four dollars and ninety-five cents for fiscal year	32420
2005, and one dollar for each fiscal year thereafter, multiplied	32421
by the product of the following:	32422

(1) The number of beds registered pursuant to section 3701.07	32423
of the Revised Code as skilled nursing facility beds or long-term	32424
care beds, plus any other beds licensed as nursing home beds under	32425
section 3721.02 or 3721.09 of the Revised Code, on July 1, 1993,	32426
and, for each subsequent year, the first day of May of the	32427
calendar year in which the fee is determined pursuant to division	32428
(A) of section 3721.53 of the Revised Code;	32429

(2) The number of days in fiscal year 1994 and, for each	32430
subsequent year, the number of days in the fiscal year beginning	32431
on the first day of July of the calendar year in which the fee is	32432
determined pursuant to division (A) of section 3721.53 of the	32433
Revised Code.	32434

If the United States centers for medicare and medicaid	32435
services determines that the franchise permit fee established by	32436
sections 3721.50 to 3721.58 of the Revised Code would be an	32437
impermissible health care related tax under section 1903(w) of the	32438
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as	32439
amended, the department of job and family services shall take all	32440
necessary actions to cease implementation of those sections in	32441
accordance with rules adopted under section 3721.58 of the Revised	32442
Code.	32443

Sec. 3721.56.  (A) Thirty and three-tenths per cent of all	32444
payments and penalties paid by nursing homes and hospitals under	32445
sections 3721.53 and 3721.54 of the Revised Code for fiscal year	32446
2002, twenty-three and twenty-six-hundredths per cent of such	32447
payments and penalties paid for fiscal yearsyear 2003 through,	32448
twenty-one and five-hundredths per cent of such payments and	32449
penalties paid for fiscal year 2004, twenty and two-tenths per	32450
cent of such payments and penalties paid for fiscal year 2005, and	32451
all such payments and penalties paid for subsequent fiscal years,	32452
shall be deposited into the "home and community-based services for	32453
the aged fund," which is hereby created in the state treasury. The	32454
departments of job and family services and aging shall use the	32455
moneys in the fund to fund the following in accordance with rules	32456
adopted under section 3721.58 of the Revised Code:	32457

(1) The medical assistancemedicaid program established under	32458
Chapter 5111. of the Revised Code;	32459

(2) The PASSPORT program established under section 173.40 of	32460
the Revised Code;	32461

(3) The residential state supplement program established	32462
under section 173.35 of the Revised Code.	32463

(B) Sixty-nine and seven-tenths per cent of all payments and	32464
penalties paid by nursing homes and hospitals under sections	32465
3721.53 and 3721.54 of the Revised Code for fiscal year 2002, and	32466
seventy-six and seventy-four-hundredths per cent of such payments	32467
and penalties paid for fiscal yearsyear 2003 through,	32468
seventy-eight and ninety-five hundredths per cent of such payments	32469
and penalties paid for fiscal year 2004, and seventy-nine and	32470
eight-tenths per cent of such payments and penalties paid for	32471
fiscal year 2005, shall be deposited into the nursing facility	32472
stabilization fund, which is hereby created in the state treasury.	32473
The department of job and family services shall use the money in	32474
the fund in the manner provided by Am. Sub. H.B. 94 and Am. Sub.	32475
S.B. 261 of the 124th general assemblyto make payments to nursing	32476
facilities under the medicaid program.	32477

Sec. 3721.561. Any money remaining in the nursing facility	32478
stabilization fund created under section 3721.56 of the Revised	32479
Code after payments specified in division (B) of that section are	32480
made for fiscal years 2002 through 2005 shall be retained in the	32481
fund. Any interest or other investment proceeds earned on money in	32482
the fund shall be credited to the fund and used to make payments	32483
in accordance with division (B) of section 3721.56 of the Revised	32484
Code.	32485

Sec. 3722.151.  (A) As used in this section:

32486

(1) "Adult care facility" has the same meaning as in section	32487
3722.01 of the Revised Code.	32488

(2) "Applicant" means a person who is under final	32489
consideration for employment with an adult care facility in a	32490
full-time, part-time, or temporary position that involves	32491
providing direct care to an older adult. "Applicant" does not	32492
include a person who provides direct care as a volunteer without	32493
receiving or expecting to receive any form of remuneration other	32494
than reimbursement for actual expenses.	32495

(3) "Criminal records check" and "older adult" have the same	32496
meanings as in section 109.572 of the Revised Code.	32497

(B)(1) Except as provided in division (I) of this section,	32498
the chief administrator of an adult care facility shall request	32499
that the superintendent of the bureau of criminal identification	32500
and investigation conduct a criminal records check with respect to	32501
each applicant. If an applicant for whom a criminal records check	32502
request is required under this division does not present proof of	32503
having been a resident of this state for the five-year period	32504
immediately prior to the date the criminal records check is	32505
requested or provide evidence that within that five-year period	32506
the superintendent has requested information about the applicant	32507
from the federal bureau of investigation in a criminal records	32508
check, the chief administrator shall request that the	32509
superintendent obtain information from the federal bureau of	32510
investigation as part of the criminal records check of the	32511
applicant. Even if an applicant for whom a criminal records check	32512
request is required under this division presents proof of having	32513
been a resident of this state for the five-year period, the chief	32514
administrator may request that the superintendent include	32515
information from the federal bureau of investigation in the	32516
criminal records check.	32517

(2) A person required by division (B)(1) of this section to	32518
request a criminal records check shall do both of the following:	32519

(a) Provide to each applicant for whom a criminal records	32520
check request is required under that division a copy of the form	32521
prescribed pursuant to division (C)(1) of section 109.572 of the	32522
Revised Code and a standard fingerprint impression sheet	32523
prescribed pursuant to division (C)(2) of that section, and obtain	32524
the completed form and impression sheet from the applicant;	32525

(b) Forward the completed form and impression sheet to the	32526
superintendent of the bureau of criminal identification and	32527
investigation.	32528

(3) An applicant provided the form and fingerprint impression	32529
sheet under division (B)(2)(a) of this section who fails to	32530
complete the form or provide fingerprint impressions shall not be	32531
employed in any position for which a criminal records check is	32532
required by this section.	32533

(C)(1) Except as provided in rules adopted by the public	32534
health council in accordance with division (F) of this section and	32535
subject to division (C)(2) of this section, no adult care facility	32536
shall employ a person in a position that involves providing direct	32537
care to an older adult if the person has been convicted of or	32538
pleaded guilty to any of the following:	32539

(a) A violation of section 2903.01, 2903.02, 2903.03,	32540
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	32541
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	32542
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	32543
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	32544
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	32545
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	32546
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	32547
2925.22, 2925.23, or 3716.11 of the Revised Code.	32548

(b) A violation of an existing or former law of this state,	32549
any other state, or the United States that is substantially	32550
equivalent to any of the offenses listed in division (C)(1)(a) of	32551
this section.	32552

(2)(a) An adult care facility may employ conditionally an	32553
applicant for whom a criminal records check request is required	32554
under division (B) of this section prior to obtaining the results	32555
of a criminal records check regarding the individual, provided	32556
that the facility shall request a criminal records check regarding	32557
the individual in accordance with division (B)(1) of this section	32558
not later than five business days after the individual begins	32559
conditional employment. In the circumstances described in division	32560
(I)(2) of this section, an adult care facility may employ	32561
conditionally an applicant who has been referred to the adult care	32562
facility by an employment service that supplies full-time,	32563
part-time, or temporary staff for positions involving the direct	32564
care of older adults and for whom, pursuant to that division, a	32565
criminal records check is not required under division (B) of this	32566
section.	32567

(b) An adult care facility that employs an individual	32568
conditionally under authority of division (C)(2)(a) of this	32569
section shall terminate the individual's employment if the results	32570
of the criminal records check requested under division (B) of this	32571
section or described in division (I)(2) of this section, other	32572
than the results of any request for information from the federal	32573
bureau of investigation, are not obtained within the period ending	32574
sixtythirty days after the date the request is made. Regardless	32575
of when the results of the criminal records check are obtained, if	32576
the results indicate that the individual has been convicted of or	32577
pleaded guilty to any of the offenses listed or described in	32578
division (C)(1) of this section, the facility shall terminate the	32579
individual's employment unless the facility chooses to employ the	32580
individual pursuant to division (F) of this section. Termination	32581
of employment under this division shall be considered just cause	32582
for discharge for purposes of division (D)(2) of section 4141.29	32583
of the Revised Code if the individual makes any attempt to deceive	32584
the facility about the individual's criminal record.	32585

(D)(1) Each adult care facility shall pay to the bureau of	32586
criminal identification and investigation the fee prescribed	32587
pursuant to division (C)(3) of section 109.572 of the Revised Code	32588
for each criminal records check conducted pursuant to a request	32589
made under division (B) of this section.	32590

(2) An adult care facility may charge an applicant a fee not	32591
exceeding the amount the facility pays under division (D)(1) of	32592
this section. A facility may collect a fee only if it notifies the	32593
person at the time of initial application for employment of the	32594
amount of the fee and that, unless the fee is paid, the person	32595
will not be considered for employment.	32596

(E) The report of any criminal records check conducted	32597
pursuant to a request made under this section is not a public	32598
record for the purposes of section 149.43 of the Revised Code and	32599
shall not be made available to any person other than the	32600
following:	32601

(1) The individual who is the subject of the criminal records	32602
check or the individual's representative;	32603

(2) The chief administrator of the facility requesting the	32604
criminal records check or the administrator's representative;	32605

(3) The administrator of any other facility, agency, or	32606
program that provides direct care to older adults that is owned or	32607
operated by the same entity that owns or operates the adult care	32608
facility;	32609

(4) A court, hearing officer, or other necessary individual	32610
involved in a case dealing with a denial of employment of the	32611
applicant or dealing with employment or unemployment benefits of	32612
the applicant;	32613

(5) Any person to whom the report is provided pursuant to,	32614
and in accordance with, division (I)(1) or (2) of this section.	32615

(F) The public health council shall adopt rules in accordance	32616
with Chapter 119. of the Revised Code to implement this section.	32617
The rules shall specify circumstances under which an adult care	32618
facility may employ a person who has been convicted of or pleaded	32619
guilty to an offense listed or described in division (C)(1) of	32620
this section but meets personal character standards set by the	32621
council.	32622

(G) The chief administrator of an adult care facility shall	32623
inform each individual, at the time of initial application for a	32624
position that involves providing direct care to an older adult,	32625
that the individual is required to provide a set of fingerprint	32626
impressions and that a criminal records check is required to be	32627
conducted if the individual comes under final consideration for	32628
employment.	32629

(H) In a tort or other civil action for damages that is	32630
brought as the result of an injury, death, or loss to person or	32631
property caused by an individual who an adult care facility	32632
employs in a position that involves providing direct care to older	32633
adults, all of the following shall apply:	32634

(1) If the facility employed the individual in good faith and	32635
reasonable reliance on the report of a criminal records check	32636
requested under this section, the facility shall not be found	32637
negligent solely because of its reliance on the report, even if	32638
the information in the report is determined later to have been	32639
incomplete or inaccurate;	32640

(2) If the facility employed the individual in good faith on	32641
a conditional basis pursuant to division (C)(2) of this section,	32642
the facility shall not be found negligent solely because it	32643
employed the individual prior to receiving the report of a	32644
criminal records check requested under this section;	32645

(3) If the facility in good faith employed the individual	32646
according to the personal character standards established in rules	32647
adopted under division (F) of this section, the facility shall not	32648
be found negligent solely because the individual prior to being	32649
employed had been convicted of or pleaded guilty to an offense	32650
listed or described in division (C)(1) of this section.	32651

(I)(1) The chief administrator of an adult care facility is	32652
not required to request that the superintendent of the bureau of	32653
criminal identification and investigation conduct a criminal	32654
records check of an applicant if the applicant has been referred	32655
to the facility by an employment service that supplies full-time,	32656
part-time, or temporary staff for positions involving the direct	32657
care of older adults and both of the following apply:	32658

(a) The chief administrator receives from the employment	32659
service or the applicant a report of the results of a criminal	32660
records check regarding the applicant that has been conducted by	32661
the superintendent within the one-year period immediately	32662
preceding the applicant's referral;	32663

(b) The report of the criminal records check demonstrates	32664
that the person has not been convicted of or pleaded guilty to an	32665
offense listed or described in division (C)(1) of this section, or	32666
the report demonstrates that the person has been convicted of or	32667
pleaded guilty to one or more of those offenses, but the adult	32668
care facility chooses to employ the individual pursuant to	32669
division (F) of this section.	32670

(2) The chief administrator of an adult care facility is not	32671
required to request that the superintendent of the bureau of	32672
criminal identification and investigation conduct a criminal	32673
records check of an applicant and may employ the applicant	32674
conditionally as described in this division, if the applicant has	32675
been referred to the facility by an employment service that	32676
supplies full-time, part-time, or temporary staff for positions	32677
involving the direct care of older adults and if the chief	32678
administrator receives from the employment service or the	32679
applicant a letter from the employment service that is on the	32680
letterhead of the employment service, dated, and signed by a	32681
supervisor or another designated official of the employment	32682
service and that states that the employment service has requested	32683
the superintendent to conduct a criminal records check regarding	32684
the applicant, that the requested criminal records check will	32685
include a determination of whether the applicant has been	32686
convicted of or pleaded guilty to any offense listed or described	32687
in division (C)(1) of this section, that, as of the date set forth	32688
on the letter, the employment service had not received the results	32689
of the criminal records check, and that, when the employment	32690
service receives the results of the criminal records check, it	32691
promptly will send a copy of the results to the adult care	32692
facility. If an adult care facility employs an applicant	32693
conditionally in accordance with this division, the employment	32694
service, upon its receipt of the results of the criminal records	32695
check, promptly shall send a copy of the results to the adult care	32696
facility, and division (C)(2)(b) of this section applies regarding	32697
the conditional employment.	32698

Sec. 3733.43.  (A) Except as otherwise provided in this	32699
division, prior to the fifteenth day of April in each year, every	32700
person who intends to operate an agricultural labor camp shall	32701
make application to the licensor for a license to operate such	32702
camp, effective for the calendar year in which it is issued. The	32703
licensor may accept an application on or after the fifteenth day	32704
of April. The license fees specified in this division shall be	32705
submitted to the licensor with the application for a license. No	32706
agricultural labor camp shall be operated in this state without a	32707
license. Any person operating an agricultural labor camp without a	32708
current and valid agricultural labor camp license is not excepted	32709
from compliance with sections 3733.41 to 3733.49 of the Revised	32710
Code by holding a valid and current hotel license. Each person	32711
proposing to open an agricultural labor camp shall submit with the	32712
application for a license any plans required by any rule adopted	32713
under section 3733.42 of the Revised Code. The annual license fee	32714
is twentyseventy-five dollars, unless the application for a	32715
license is made on or after the fifteenth day of April, in which	32716
case the annual license fee is fortyone hundred dollars. An	32717
additional fee of threeten dollars per housing unit per year	32718
shall be assessed to defray the costs of enforcing sections	32719
3733.41 to 3733.49 of the Revised Code, unless the application for	32720
a license is made on or after the fifteenth day of April, in which	32721
case an additional fee of sixfifteen dollars per housing unit	32722
shall be assessed. All fees collected under this division shall be	32723
deposited in the state treasury to the credit of the general	32724
operations fund created in section 3701.83 of the Revised Code and	32725
shall be used for the administration and enforcement of sections	32726
3733.41 to 3733.49 of the Revised Code and rules adopted	32727
thereunder.	32728

(B) Any license under this section may be denied, suspended,	32729
or revoked by the licensor for violation of sections 3733.41 to	32730
3733.49 of the Revised Code or the rules adopted thereunder.	32731
Unless there is an immediate serious public health hazard, no	32732
denial, suspension, or revocation of a license shall be made	32733
effective until the person operating the agricultural labor camp	32734
has been given notice in writing of the specific violations and a	32735
reasonable time to make corrections. When the licensor determines	32736
that an immediate serious public health hazard exists, hethe	32737
licensor shall issue an order denying or suspending the license	32738
without a prior hearing.	32739

(C) All proceedings under this section are subject to Chapter	32740
119. of the Revised Code except as provided in section 3733.431 of	32741
the Revised Code.	32742

(D) Every occupant of an agricultural labor camp shall keep	32743
that part of the dwelling unit, and premises thereof, that hethe	32744
occupant occupies and controls in a clean and sanitary condition.	32745

Sec. 3733.45.  (A) The licensor shall inspect all	32746
agricultural labor camps and shall require compliance with	32747
sections 3733.41 to 3733.49 of the Revised Code and the rules	32748
adopted thereunder prior to the issuance of a license. Upon	32749
receipt of a complaint from the migrant agricultural ombudsman	32750
ombudsperson or upon the basis of a licensor's own information	32751
that an agricultural labor camp is operating without a license,	32752
the licensor shall inspect the camp. If the camp is operating	32753
without a license, the licensor shall require the camp to comply	32754
with sections 3733.41 to 3733.49 of the Revised Code and the rules	32755
adopted under those sections. No license shall be issued unless	32756
results of water supply tests indicate that the water supply meets	32757
required standards or if any violations exist concerning	32758
sanitation, drainage, or habitability of housing units.	32759

(B) The licensor shall, upon issuance of each license,	32760
distribute posters containing the toll-free telephone number of	32761
the migrant agricultural ombudsmanombudsperson established in	32762
section 3733.49 of the Revised Code and information in English and	32763
Spanish describing the purpose of the ombudsman'sombudsperson's	32764
office, as provided in that section. The licensor shall provide at	32765
least two posters to the licensee, one for histhe licensee's	32766
personal use and at least one that shall be posted in a	32767
conspicuous place within the camp.	32768

(C) The licensor may, upon proper identification to the	32769
operator or histhe operator's agent, enter on any property or	32770
into any structure at any reasonable time for the purpose of	32771
making inspections required by this section.	32772

The licensor shall make at least one inspection prior to	32773
licensing, and at least two inspections during occupancy of the	32774
camps, at least one of which shall be an unannounced evening	32775
inspection conducted after five p.m. The licensor shall determine	32776
and record housing unit occupancy during each evening inspection.	32777
The licensor shall make such other inspections as hethe licensor	32778
considers necessary to enforce sections 3733.41 to 3733.49 of the	32779
Revised Code adequately.	32780

(D) Any plans submitted to the licensor shall be in	32781
compliance with rules adopted pursuant to section 3733.42 of the	32782
Revised Code and shall be approved or disapproved within thirty	32783
days after they are filed.	32784

(E) All designees of the licensor who conduct inspections in	32785
the evening in accordance with this section shall speak both	32786
English and Spanish fluently. At least one member of the permanent	32787
staff assigned to conduct inspections in accordance with this	32788
section shall speak both English and Spanish fluently.	32789

(F) The licensor shall issue an annual report that shall	32790
accurately reflect the results of that year's inspections,	32791
including, but not limited to, numbers of pre- and post-occupancy	32792
inspections, number of violations found, and action taken in	32793
regard to violations. The report shall also include an assessment	32794
of any problems found in that year and proposed solutions for	32795
them.	32796

Sec. 3734.02.  (A) The director of environmental protection,	32797
in accordance with Chapter 119. of the Revised Code, shall adopt	32798
and may amend, suspend, or rescind rules having uniform	32799
application throughout the state governing solid waste facilities	32800
and the inspections of and issuance of permits and licenses for	32801
all solid waste facilities in order to ensure that the facilities	32802
will be located, maintained, and operated, and will undergo	32803
closure and post-closure care, in a sanitary manner so as not to	32804
create a nuisance, cause or contribute to water pollution, create	32805
a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R.	32806
257.3-8, as amended. The rules may include, without limitation,	32807
financial assurance requirements for closure and post-closure care	32808
and corrective action and requirements for taking corrective	32809
action in the event of the surface or subsurface discharge or	32810
migration of explosive gases or leachate from a solid waste	32811
facility, or of ground water contamination resulting from the	32812
transfer or disposal of solid wastes at a facility, beyond the	32813
boundaries of any area within a facility that is operating or is	32814
undergoing closure or post-closure care where solid wastes were	32815
disposed of or are being disposed of. The rules shall not concern	32816
or relate to personnel policies, salaries, wages, fringe benefits,	32817
or other conditions of employment of employees of persons owning	32818
or operating solid waste facilities. The director, in accordance	32819
with Chapter 119. of the Revised Code, shall adopt and may amend,	32820
suspend, or rescind rules governing the issuance, modification,	32821
revocation, suspension, or denial of variances from the director's	32822
solid waste rules, including, without limitation, rules adopted	32823
under this chapter governing the management of scrap tires.	32824

Variances shall be issued, modified, revoked, suspended, or	32825
rescinded in accordance with this division, rules adopted under	32826
it, and Chapter 3745. of the Revised Code. The director may order	32827
the person to whom a variance is issued to take such action within	32828
such time as the director may determine to be appropriate and	32829
reasonable to prevent the creation of a nuisance or a hazard to	32830
the public health or safety or the environment. Applications for	32831
variances shall contain such detail plans, specifications, and	32832
information regarding objectives, procedures, controls, and other	32833
pertinent data as the director may require. The director shall	32834
grant a variance only if the applicant demonstrates to the	32835
director's satisfaction that construction and operation of the	32836
solid waste facility in the manner allowed by the variance and any	32837
terms or conditions imposed as part of the variance will not	32838
create a nuisance or a hazard to the public health or safety or	32839
the environment. In granting any variance, the director shall	32840
state the specific provision or provisions whose terms are to be	32841
varied and also shall state specific terms or conditions imposed	32842
upon the applicant in place of the provision or provisions. The	32843
director may hold a public hearing on an application for a	32844
variance or renewal of a variance at a location in the county	32845
where the operations that are the subject of the application for	32846
the variance are conducted. The director shall give not less than	32847
twenty days' notice of the hearing to the applicant by certified	32848
mail and shall publish at least one notice of the hearing in a	32849
newspaper with general circulation in the county where the hearing	32850
is to be held. The director shall make available for public	32851
inspection at the principal office of the environmental protection	32852
agency a current list of pending applications for variances and a	32853
current schedule of pending variance hearings. The director shall	32854
make a complete stenographic record of testimony and other	32855
evidence submitted at the hearing. Within ten days after the	32856
hearing, the director shall make a written determination to issue,	32857
renew, or deny the variance and shall enter the determination and	32858
the basis for it into the record of the hearing. The director	32859
shall issue, renew, or deny an application for a variance or	32860
renewal of a variance within six months of the date upon which the	32861
director receives a complete application with all pertinent	32862
information and data required. No variance shall be issued,	32863
revoked, modified, or denied until the director has considered the	32864
relative interests of the applicant, other persons and property	32865
affected by the variance, and the general public. Any variance	32866
granted under this division shall be for a period specified by the	32867
director and may be renewed from time to time on such terms and	32868
for such periods as the director determines to be appropriate. No	32869
application shall be denied and no variance shall be revoked or	32870
modified without a written order stating the findings upon which	32871
the denial, revocation, or modification is based. A copy of the	32872
order shall be sent to the applicant or variance holder by	32873
certified mail.	32874

(B) The director shall prescribe and furnish the forms	32875
necessary to administer and enforce this chapter. The director may	32876
cooperate with and enter into agreements with other state, local,	32877
or federal agencies to carry out the purposes of this chapter. The	32878
director may exercise all incidental powers necessary to carry out	32879
the purposes of this chapter.	32880

The director may use moneys in the infectious waste	32881
management fund created in section 3734.021 of the Revised Code	32882
exclusively for administering and enforcing the provisions of this	32883
chapter governing the management of infectious wastes. Of each	32884
registration and renewal fee collected under rules adopted under	32885
division (A)(2)(a) of section 3734.021 or under section 3734.022	32886
of the Revised Code, the director, within forty-five days of its	32887
receipt, shall remit from the fund one-half of the fee received to	32888
the board of health of the health district in which the registered	32889
premises is located, or, in the instance of an infectious wastes	32890
transporter, to the board of health of the health district in	32891
which the transporter's principal place of business is located.	32892
However, if the board of health having jurisdiction over a	32893
registrant's premises or principal place of business is not on the	32894
approved list under section 3734.08 of the Revised Code, the	32895
director shall not make that payment to the board of health.	32896

(C) Except as provided in this division and divisions (N)(2)	32897
and (3) of this section, no person shall establish a new solid	32898
waste facility or infectious waste treatment facility, or modify	32899
an existing solid waste facility or infectious waste treatment	32900
facility, without submitting an application for a permit with	32901
accompanying detail plans, specifications, and information	32902
regarding the facility and method of operation and receiving a	32903
permit issued by the director, except that no permit shall be	32904
required under this division to install or operate a solid waste	32905
facility for sewage sludge treatment or disposal when the	32906
treatment or disposal is authorized by a current permit issued	32907
under Chapter 3704. or 6111. of the Revised Code.	32908

No person shall continue to operate a solid waste facility	32909
for which the director has denied a permit for which an	32910
application was required under division (A)(3) of section 3734.05	32911
of the Revised Code, or for which the director has disapproved	32912
plans and specifications required to be filed by an order issued	32913
under division (A)(5) of that section, after the date prescribed	32914
for commencement of closure of the facility in the order issued	32915
under division (A)(6) of section 3734.05 of the Revised Code	32916
denying the permit application or approval.	32917

On and after the effective date of the rules adopted under	32918
division (A) of this section and division (D) of section 3734.12	32919
of the Revised Code governing solid waste transfer facilities, no	32920
person shall establish a new, or modify an existing, solid waste	32921
transfer facility without first submitting an application for a	32922
permit with accompanying engineering detail plans, specifications,	32923
and information regarding the facility and its method of operation	32924
to the director and receiving a permit issued by the director.	32925

No person shall establish a new compost facility or continue	32926
to operate an existing compost facility that accepts exclusively	32927
source separated yard wastes without submitting a completed	32928
registration for the facility to the director in accordance with	32929
rules adopted under divisions (A) and (N)(3) of this section.	32930

This division does not apply to an infectious waste treatment	32931
facility that meets any of the following conditions:	32932

(1) Is owned or operated by the generator of the wastes and	32933
exclusively treats, by methods, techniques, and practices	32934
established by rules adopted under division (C)(1) or (3) of	32935
section 3734.021 of the Revised Code, wastes that are generated at	32936
any premises owned or operated by that generator regardless of	32937
whether the wastes are generated on the premises where the	32938
generator's treatment facility is located or, if the generator is	32939
a hospital as defined in section 3727.01 of the Revised Code,	32940
infectious wastes that are described in division (A)(1)(g), (h),	32941
or (i) of section 3734.021 of the Revised Code;	32942

(2) Holds a license or renewal of a license to operate a	32943
crematory facility issued under Chapter 4717. and a permit issued	32944
under Chapter 3704. of the Revised Code;	32945

(3) Treats or disposes of dead animals or parts thereof, or	32946
the blood of animals, and is subject to any of the following:	32947

(a) Inspection under the "Federal Meat Inspection Act," 81	32948
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	32949

(b) Chapter 918. of the Revised Code;

32950

(c) Chapter 953. of the Revised Code.

32951

(D) Neither this chapter nor any rules adopted under it apply	32952
to single-family residential premises; to infectious wastes	32953
generated by individuals for purposes of their own care or	32954
treatment that are disposed of with solid wastes from the	32955
individual's residence; to the temporary storage of solid wastes,	32956
other than scrap tires, prior to their collection for disposal; to	32957
the storage of one hundred or fewer scrap tires unless they are	32958
stored in such a manner that, in the judgment of the director or	32959
the board of health of the health district in which the scrap	32960
tires are stored, the storage causes a nuisance, a hazard to	32961
public health or safety, or a fire hazard; or to the collection of	32962
solid wastes, other than scrap tires, by a political subdivision	32963
or a person holding a franchise or license from a political	32964
subdivision of the state; to composting, as defined in section	32965
1511.01 of the Revised Code, conducted in accordance with section	32966
1511.022 of the Revised Code; or to any person who is licensed to	32967
transport raw rendering material to a compost facility pursuant to	32968
section 953.23 of the Revised Code.	32969

(E)(1) As used in this division and section 3734.18 of the	32970
Revised Code:	32971

(a) "On-site facility" means a facility that stores, treats,	32972
or disposes of hazardous waste that is generated on the premises	32973
of the facility.	32974

(b) "Off-site facility" means a facility that stores, treats,	32975
or disposes of hazardous waste that is generated off the premises	32976
of the facility and includes such a facility that is also an	32977
on-site facility.	32978

(c) "Satellite facility" means any of the following:

32979

(i) An on-site facility that also receives hazardous waste	32980
from other premises owned by the same person who generates the	32981
waste on the facility premises;	32982

(ii) An off-site facility operated so that all of the	32983
hazardous waste it receives is generated on one or more premises	32984
owned by the person who owns the facility;	32985

(iii) An on-site facility that also receives hazardous waste	32986
that is transported uninterruptedly and directly to the facility	32987
through a pipeline from a generator who is not the owner of the	32988
facility.	32989

(2) Except as provided in division (E)(3) of this section, no	32990
person shall establish or operate a hazardous waste facility, or	32991
use a solid waste facility for the storage, treatment, or disposal	32992
of any hazardous waste, without a hazardous waste facility	32993
installation and operation permit from the hazardous waste	32994
facility board issued in accordance with section 3734.05 of the	32995
Revised Code and subject to the payment of an application fee not	32996
to exceed one thousand five hundred dollars, payable upon	32997
application for a hazardous waste facility installation and	32998
operation permit and upon application for a renewal permit issued	32999
under division (H) of section 3734.05 of the Revised Code, to be	33000
credited to the hazardous waste facility management fund created	33001
in section 3734.18 of the Revised Code. The term of a hazardous	33002
waste facility installation and operation permit shall not exceed	33003
five years.	33004

In addition to the application fee, there is hereby levied an	33005
annual permit fee to be paid by the permit holder upon the	33006
anniversaries of the date of issuance of the hazardous waste	33007
facility installation and operation permit and of any subsequent	33008
renewal permits and to be credited to the hazardous waste facility	33009
management fund. Annual permit fees totaling forty thousand	33010
dollars or more for any one facility may be paid on a quarterly	33011
basis with the first quarterly payment each year being due on the	33012
anniversary of the date of issuance of the hazardous waste	33013
facility installation and operation permit and of any subsequent	33014
renewal permits. The annual permit fee shall be determined for	33015
each permit holder by the director in accordance with the	33016
following schedule:	33017

In determining the annual permit fee required by this	33048
section, the director shall not require additional payments for	33049
multiple units of the same method of storage, treatment, or	33050
disposal or for individual units that are used for both storage	33051
and treatment. A facility using more than one method of storage,	33052
treatment, or disposal shall pay the permit fee indicated by the	33053
schedule for each such method.	33054

The director shall not require the payment of that portion of	33055
an annual permit fee of any permit holder that would apply to a	33056
hazardous waste management unit for which a permit has been	33057
issued, but for which construction has not yet commenced. Once	33058
construction has commenced, the director shall require the payment	33059
of a part of the appropriate fee indicated by the schedule that	33060
bears the same relationship to the total fee that the number of	33061
days remaining until the next anniversary date at which payment of	33062
the annual permit fee is due bears to three hundred sixty-five.	33063

The director, by rules adopted in accordance with Chapters	33064
119. and 3745. of the Revised Code, shall prescribe procedures for	33065
collecting the annual permit fee established by this division and	33066
may prescribe other requirements necessary to carry out this	33067
division.	33068

(3) The prohibition against establishing or operating a	33069
hazardous waste facility without a hazardous waste facility	33070
installation and operation permit from the board does not apply to	33071
either of the following:	33072

(a) A facility that is operating in accordance with a permit	33073
renewal issued under division (H) of section 3734.05 of the	33074
Revised Code, a revision issued under division (I) of that section	33075
as it existed prior to August 20, 1996, or a modification issued	33076
by the director under division (I) of that section on and after	33077
August 20, 1996;	33078

(b) Except as provided in division (J) of section 3734.05 of	33079
the Revised Code, a facility that will operate or is operating in	33080
accordance with a permit by rule, or that is not subject to permit	33081
requirements, under rules adopted by the director. In accordance	33082
with Chapter 119. of the Revised Code, the director shall adopt,	33083
and subsequently may amend, suspend, or rescind, rules for the	33084
purposes of division (E)(3)(b) of this section. Any rules so	33085
adopted shall be consistent with and equivalent to regulations	33086
pertaining to interim status adopted under the "Resource	33087
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	33088
6921, as amended, except as otherwise provided in this chapter.	33089

If a modification is requested or proposed for a facility	33090
described in division (E)(3)(a) or (b) of this section, division	33091
(I)(8)(7) of section 3734.05 of the Revised Code applies.	33092

(F) No person shall store, treat, or dispose of hazardous	33093
waste identified or listed under this chapter and rules adopted	33094
under it, regardless of whether generated on or off the premises	33095
where the waste is stored, treated, or disposed of, or transport	33096
or cause to be transported any hazardous waste identified or	33097
listed under this chapter and rules adopted under it to any other	33098
premises, except at or to any of the following:	33099

(1) A hazardous waste facility operating under a permit	33100
issued in accordance with this chapter;	33101

(2) A facility in another state operating under a license or	33102
permit issued in accordance with the "Resource Conservation and	33103
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	33104
amended;	33105

(3) A facility in another nation operating in accordance with	33106
the laws of that nation;	33107

(4) A facility holding a permit issued pursuant to Title I of	33108
the "Marine Protection, Research, and Sanctuaries Act of 1972," 86	33109
Stat. 1052, 33 U.S.C.A. 1401, as amended;	33110

(5) A hazardous waste facility as described in division	33111
(E)(3)(a) or (b) of this section.	33112

(G) The director, by order, may exempt any person generating,	33113
collecting, storing, treating, disposing of, or transporting solid	33114
wastes or hazardous waste, or processing solid wastes that consist	33115
of scrap tires, in such quantities or under such circumstances	33116
that, in the determination of the director, are unlikely to	33117
adversely affect the public health or safety or the environment	33118
from any requirement to obtain a registration certificate, permit,	33119
or license or comply with the manifest system or other	33120
requirements of this chapter. Such an exemption shall be	33121
consistent with and equivalent to any regulations adopted by the	33122
administrator of the United States environmental protection agency	33123
under the "Resource Conservation and Recovery Act of 1976," 90	33124
Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise	33125
provided in this chapter.	33126

(H) No person shall engage in filling, grading, excavating,	33127
building, drilling, or mining on land where a hazardous waste	33128
facility, or a solid waste facility, was operated without prior	33129
authorization from the director, who shall establish the procedure	33130
for granting such authorization by rules adopted in accordance	33131
with Chapter 119. of the Revised Code.	33132

A public utility that has main or distribution lines above or	33133
below the land surface located on an easement or right-of-way	33134
across land where a solid waste facility was operated may engage	33135
in any such activity within the easement or right-of-way without	33136
prior authorization from the director for purposes of performing	33137
emergency repair or emergency replacement of its lines; of the	33138
poles, towers, foundations, or other structures supporting or	33139
sustaining any such lines; or of the appurtenances to those	33140
structures, necessary to restore or maintain existing public	33141
utility service. A public utility may enter upon any such easement	33142
or right-of-way without prior authorization from the director for	33143
purposes of performing necessary or routine maintenance of those	33144
portions of its existing lines; of the existing poles, towers,	33145
foundations, or other structures sustaining or supporting its	33146
lines; or of the appurtenances to any such supporting or	33147
sustaining structure, located on or above the land surface on any	33148
such easement or right-of-way. Within twenty-four hours after	33149
commencing any such emergency repair, replacement, or maintenance	33150
work, the public utility shall notify the director or the	33151
director's authorized representative of those activities and shall	33152
provide such information regarding those activities as the	33153
director or the director's representative may request. Upon	33154
completion of the emergency repair, replacement, or maintenance	33155
activities, the public utility shall restore any land of the solid	33156
waste facility disturbed by those activities to the condition	33157
existing prior to the commencement of those activities.	33158

(I) No owner or operator of a hazardous waste facility, in	33159
the operation of the facility, shall cause, permit, or allow the	33160
emission therefrom of any particulate matter, dust, fumes, gas,	33161
mist, smoke, vapor, or odorous substance that, in the opinion of	33162
the director, unreasonably interferes with the comfortable	33163
enjoyment of life or property by persons living or working in the	33164
vicinity of the facility, or that is injurious to public health.	33165
Any such action is hereby declared to be a public nuisance.	33166

(J) Notwithstanding any other provision of this chapter, in	33167
the event the director finds an imminent and substantial danger to	33168
public health or safety or the environment that creates an	33169
emergency situation requiring the immediate treatment, storage, or	33170
disposal of hazardous waste, the director may issue a temporary	33171
emergency permit to allow the treatment, storage, or disposal of	33172
the hazardous waste at a facility that is not otherwise authorized	33173
by a hazardous waste facility installation and operation permit to	33174
treat, store, or dispose of the waste. The emergency permit shall	33175
not exceed ninety days in duration and shall not be renewed. The	33176
director shall adopt, and may amend, suspend, or rescind, rules in	33177
accordance with Chapter 119. of the Revised Code governing the	33178
issuance, modification, revocation, and denial of emergency	33179
permits.	33180

(K) No owner or operator of a sanitary landfill shall	33181
knowingly accept for disposal, or dispose of, any infectious	33182
wastes, other than those subject to division (A)(1)(c) of section	33183
3734.021 of the Revised Code, that have not been treated to render	33184
them noninfectious. For the purposes of this division,	33185
certification by the owner or operator of the treatment facility	33186
where the wastes were treated on the shipping paper required by	33187
rules adopted under division (D)(2) of that section creates a	33188
rebuttable presumption that the wastes have been so treated.	33189

(L) The director, in accordance with Chapter 119. of the	33190
Revised Code, shall adopt, and may amend, suspend, or rescind,	33191
rules having uniform application throughout the state establishing	33192
a training and certification program that shall be required for	33193
employees of boards of health who are responsible for enforcing	33194
the solid waste and infectious waste provisions of this chapter	33195
and rules adopted under them and for persons who are responsible	33196
for the operation of solid waste facilities or infectious waste	33197
treatment facilities. The rules shall provide all of the	33198
following, without limitation:	33199

(1) The program shall be administered by the director and	33200
shall consist of a course on new solid waste and infectious waste	33201
technologies, enforcement procedures, and rules;	33202

(2) The course shall be offered on an annual basis;

33203

(3) Those persons who are required to take the course under	33204
division (L) of this section shall do so triennially;	33205

(4) Persons who successfully complete the course shall be	33206
certified by the director;	33207

(5) Certification shall be required for all employees of	33208
boards of health who are responsible for enforcing the solid waste	33209
or infectious waste provisions of this chapter and rules adopted	33210
under them and for all persons who are responsible for the	33211
operation of solid waste facilities or infectious waste treatment	33212
facilities;	33213

(6)(a) All employees of a board of health who, on the	33214
effective date of the rules adopted under this division, are	33215
responsible for enforcing the solid waste or infectious waste	33216
provisions of this chapter and the rules adopted under them shall	33217
complete the course and be certified by the director not later	33218
than January 1, 1995;	33219

(b) All employees of a board of health who, after the	33220
effective date of the rules adopted under division (L) of this	33221
section, become responsible for enforcing the solid waste or	33222
infectious waste provisions of this chapter and rules adopted	33223
under them and who do not hold a current and valid certification	33224
from the director at that time shall complete the course and be	33225
certified by the director within two years after becoming	33226
responsible for performing those activities.	33227

No person shall fail to obtain the certification required	33228
under this division.	33229

(M) The director shall not issue a permit under section	33230
3734.05 of the Revised Code to establish a solid waste facility,	33231
or to modify a solid waste facility operating on December 21,	33232
1988, in a manner that expands the disposal capacity or geographic	33233
area covered by the facility, that is or is to be located within	33234
the boundaries of a state park established or dedicated under	33235
Chapter 1541. of the Revised Code, a state park purchase area	33236
established under section 1541.02 of the Revised Code, any unit of	33237
the national park system, or any property that lies within the	33238
boundaries of a national park or recreation area, but that has not	33239
been acquired or is not administered by the secretary of the	33240
United States department of the interior, located in this state,	33241
or any candidate area located in this state and identified for	33242
potential inclusion in the national park system in the edition of	33243
the "national park system plan" submitted under paragraph (b) of	33244
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	33245
U.S.C.A. 1a-5, as amended, current at the time of filing of the	33246
application for the permit, unless the facility or proposed	33247
facility is or is to be used exclusively for the disposal of solid	33248
wastes generated within the park or recreation area and the	33249
director determines that the facility or proposed facility will	33250
not degrade any of the natural or cultural resources of the park	33251
or recreation area. The director shall not issue a variance under	33252
division (A) of this section and rules adopted under it, or issue	33253
an exemption order under division (G) of this section, that would	33254
authorize any such establishment or expansion of a solid waste	33255
facility within the boundaries of any such park or recreation	33256
area, state park purchase area, or candidate area, other than a	33257
solid waste facility exclusively for the disposal of solid wastes	33258
generated within the park or recreation area when the director	33259
determines that the facility will not degrade any of the natural	33260
or cultural resources of the park or recreation area.	33261

(N)(1) The rules adopted under division (A) of this section,	33262
other than those governing variances, do not apply to scrap tire	33263
collection, storage, monocell, monofill, and recovery facilities.	33264
Those facilities are subject to and governed by rules adopted	33265
under sections 3734.70 to 3734.73 of the Revised Code, as	33266
applicable.	33267

(2) Division (C) of this section does not apply to scrap tire	33268
collection, storage, monocell, monofill, and recovery facilities.	33269
The establishment and modification of those facilities are subject	33270
to sections 3734.75 to 3734.78 and section 3734.81 of the Revised	33271
Code, as applicable.	33272

(3) The director may adopt, amend, suspend, or rescind rules	33273
under division (A) of this section creating an alternative system	33274
for authorizing the establishment, operation, or modification of a	33275
solid waste compost facility in lieu of the requirement that a	33276
person seeking to establish, operate, or modify a solid waste	33277
compost facility apply for and receive a permit under division (C)	33278
of this section and section 3734.05 of the Revised Code and a	33279
license under division (A)(1) of that section. The rules may	33280
include requirements governing, without limitation, the	33281
classification of solid waste compost facilities, the submittal of	33282
operating records for solid waste compost facilities, and the	33283
creation of a registration or notification system in lieu of the	33284
issuance of permits and licenses for solid waste compost	33285
facilities. The rules shall specify the applicability of divisions	33286
(A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised	33287
Code to a solid waste compost facility.	33288

Sec. 3734.05.  (A)(1) Except as provided in divisions (A)(4),	33289
(8), and (9) of this section, no person shall operate or maintain	33290
a solid waste facility without a license issued under this	33291
division by the board of health of the health district in which	33292
the facility is located or by the director of environmental	33293
protection when the health district in which the facility is	33294
located is not on the approved list under section 3734.08 of the	33295
Revised Code.	33296

During the month of December, but before the first day of	33297
January of the next year, every person proposing to continue to	33298
operate an existing solid waste facility shall procure a license	33299
under this division to operate the facility for that year from the	33300
board of health of the health district in which the facility is	33301
located or, if the health district is not on the approved list	33302
under section 3734.08 of the Revised Code, from the director. The	33303
application for such a license shall be submitted to the board of	33304
health or to the director, as appropriate, on or before the last	33305
day of September of the year preceding that for which the license	33306
is sought. In addition to the application fee prescribed in	33307
division (A)(2) of this section, a person who submits an	33308
application after that date shall pay an additional ten per cent	33309
of the amount of the application fee for each week that the	33310
application is late. Late payment fees accompanying an application	33311
submitted to the board of health shall be credited to the special	33312
fund of the health district created in division (B) of section	33313
3734.06 of the Revised Code, and late payment fees accompanying an	33314
application submitted to the director shall be credited to the	33315
general revenue fund. A person who has received a license, upon	33316
sale or disposition of a solid waste facility, and upon consent of	33317
the board of health and the director, may have the license	33318
transferred to another person. The board of health or the director	33319
may include such terms and conditions in a license or revision to	33320
a license as are appropriate to ensure compliance with this	33321
chapter and rules adopted under it. The terms and conditions may	33322
establish the authorized maximum daily waste receipts for the	33323
facility. Limitations on maximum daily waste receipts shall be	33324
specified in cubic yards of volume for the purpose of regulating	33325
the design, construction, and operation of solid waste facilities.	33326
Terms and conditions included in a license or revision to a	33327
license by a board of health shall be consistent with, and pertain	33328
only to the subjects addressed in, the rules adopted under	33329
division (A) of section 3734.02 and division (D) of section	33330
3734.12 of the Revised Code.	33331

(2)(a) Except as provided in divisions (A)(2)(b), (8), and	33332
(9) of this section, each person proposing to open a new solid	33333
waste facility or to modify an existing solid waste facility shall	33334
submit an application for a permit with accompanying detail plans	33335
and specifications to the environmental protection agency for	33336
required approval under the rules adopted by the director pursuant	33337
to division (A) of section 3734.02 of the Revised Code and	33338
applicable rules adopted under division (D) of section 3734.12 of	33339
the Revised Code at least two hundred seventy days before proposed	33340
operation of the facility and shall concurrently make application	33341
for the issuance of a license under division (A)(1) of this	33342
section with the board of health of the health district in which	33343
the proposed facility is to be located.	33344

(b) On and after the effective date of the rules adopted	33345
under division (A) of section 3734.02 of the Revised Code and	33346
division (D) of section 3734.12 of the Revised Code governing	33347
solid waste transfer facilities, each person proposing to open a	33348
new solid waste transfer facility or to modify an existing solid	33349
waste transfer facility shall submit an application for a permit	33350
with accompanying engineering detail plans, specifications, and	33351
information regarding the facility and its method of operation to	33352
the environmental protection agency for required approval under	33353
those rules at least two hundred seventy days before commencing	33354
proposed operation of the facility and concurrently shall make	33355
application for the issuance of a license under division (A)(1) of	33356
this section with the board of health of the health district in	33357
which the facility is located or proposed.	33358

(c) Each application for a permit under division (A)(2)(a) or	33359
(b) of this section shall be accompanied by a nonrefundable	33360
application fee of four hundred dollars that shall be credited to	33361
the general revenue fund. Each application for an annual license	33362
under division (A)(1) or (2) of this section shall be accompanied	33363
by a nonrefundable application fee of one hundred dollars. If the	33364
application for an annual license is submitted to a board of	33365
health on the approved list under section 3734.08 of the Revised	33366
Code, the application fee shall be credited to the special fund of	33367
the health district created in division (B) of section 3734.06 of	33368
the Revised Code. If the application for an annual license is	33369
submitted to the director, the application fee shall be credited	33370
to the general revenue fund. If a permit or license is issued, the	33371
amount of the application fee paid shall be deducted from the	33372
amount of the permit fee due under division (Q) of section 3745.11	33373
of the Revised Code or the amount of the license fee due under	33374
division (A)(1), (2), (3), or (4) of section 3734.06 of the	33375
Revised Code.	33376

(d) As used in divisions (A)(2)(d), (e), and (f) of this	33377
section, "modify" means any of the following:	33378

(i) Any increase of more than ten per cent in the total	33379
capacity of a solid waste facility;	33380

(ii) Any expansion of the limits of solid waste placement at	33381
a solid waste facility;	33382

(iii) Any increase in the depth of excavation at a solid	33383
waste facility;	33384

(iv) Any change in the technique of waste receipt or type of	33385
waste received at a solid waste facility that may endanger human	33386
health, as determined by the director by rules adopted in	33387
accordance with Chapter 119. of the Revised Code.	33388

Not later than thirty-five days after submitting an	33389
application under division (A)(2)(a) or (b) of this section for a	33390
permit to open a new or modify an existing solid waste facility,	33391
the applicant, in conjunction with an officer or employee of the	33392
environmental protection agency, shall hold a public meeting on	33393
the application within the county in which the new or modified	33394
solid waste facility is or is proposed to be located or within a	33395
contiguous county. Not less than thirty days before holding the	33396
public meeting on the application, the applicant shall publish	33397
notice of the meeting in each newspaper of general circulation	33398
that is published in the county in which the facility is or is	33399
proposed to be located. If no newspaper of general circulation is	33400
published in the county, the applicant shall publish the notice in	33401
a newspaper of general circulation in the county. The notice shall	33402
contain the date, time, and location of the public meeting and a	33403
general description of the proposed new or modified facility. Not	33404
later than five days after publishing the notice, the applicant	33405
shall send by certified mail a copy of the notice and the date the	33406
notice was published to the director and the legislative authority	33407
of each municipal corporation, township, and county, and to the	33408
chief executive officer of each municipal corporation, in which	33409
the facility is or is proposed to be located. At the public	33410
meeting, the applicant shall provide information and describe the	33411
application and respond to comments or questions concerning the	33412
application, and the officer or employee of the agency shall	33413
describe the permit application process. At the public meeting,	33414
any person may submit written or oral comments on or objections to	33415
the application. Not more than thirty days after the public	33416
meeting, the applicant shall provide the director with a copy of a	33417
transcript of the full meeting, copies of any exhibits, displays,	33418
or other materials presented by the applicant at the meeting, and	33419
the original copy of any written comments submitted at the	33420
meeting.	33421

(e) Except as provided in division (A)(2)(f) of this section,	33422
prior to taking an action, other than a proposed or final denial,	33423
upon an application submitted under division (A)(2)(a) of this	33424
section for a permit to open a new or modify an existing solid	33425
waste facility, the director shall hold a public information	33426
session and a public hearing on the application within the county	33427
in which the new or modified solid waste facility is or is	33428
proposed to be located or within a contiguous county. If the	33429
application is for a permit to open a new solid waste facility,	33430
the director shall hold the hearing not less than fourteen days	33431
after the information session. If the application is for a permit	33432
to modify an existing solid waste facility, the director may hold	33433
both the information session and the hearing on the same day	33434
unless any individual affected by the application requests in	33435
writing that the information session and the hearing not be held	33436
on the same day, in which case the director shall hold the hearing	33437
not less than fourteen days after the information session. The	33438
director shall publish notice of the public information session or	33439
public hearing not less than thirty days before holding the	33440
information session or hearing, as applicable. The notice shall be	33441
published in each newspaper of general circulation that is	33442
published in the county in which the facility is or is proposed to	33443
be located. If no newspaper of general circulation is published in	33444
the county, the director shall publish the notice in a newspaper	33445
of general circulation in the county. The notice shall contain the	33446
date, time, and location of the information session or hearing, as	33447
applicable, and a general description of the proposed new or	33448
modified facility. At the public information session, an officer	33449
or employee of the environmental protection agency shall describe	33450
the status of the permit application and be available to respond	33451
to comments or questions concerning the application. At the public	33452
hearing, any person may submit written or oral comments on or	33453
objections to the approval of the application. The applicant, or a	33454
representative of the applicant who has knowledge of the location,	33455
construction, and operation of the facility, shall attend the	33456
information session and public hearing to respond to comments or	33457
questions concerning the facility directed to the applicant or	33458
representative by the officer or employee of the environmental	33459
protection agency presiding at the information session and	33460
hearing.	33461

(f) The solid waste management policy committee of a county	33462
or joint solid waste management district may adopt a resolution	33463
requesting expeditious consideration of a specific application	33464
submitted under division (A)(2)(a) of this section for a permit to	33465
modify an existing solid waste facility within the district. The	33466
resolution shall make the finding that expedited consideration of	33467
the application without the public information session and public	33468
hearing under division (A)(2)(e) of this section is in the public	33469
interest and will not endanger human health, as determined by the	33470
director by rules adopted in accordance with Chapter 119. of the	33471
Revised Code. Upon receiving such a resolution, the director, at	33472
the director's discretion, may issue a final action upon the	33473
application without holding a public information session or public	33474
hearing pursuant to division (A)(2)(e) of this section.	33475

(3) Except as provided in division (A)(10) of this section,	33476
and unless the owner or operator of any solid waste facility,	33477
other than a solid waste transfer facility or a compost facility	33478
that accepts exclusively source separated yard wastes, that	33479
commenced operation on or before July 1, 1968, has obtained an	33480
exemption from the requirements of division (A)(3) of this section	33481
in accordance with division (G) of section 3734.02 of the Revised	33482
Code, the owner or operator shall submit to the director an	33483
application for a permit with accompanying engineering detail	33484
plans, specifications, and information regarding the facility and	33485
its method of operation for approval under rules adopted under	33486
division (A) of section 3734.02 of the Revised Code and applicable	33487
rules adopted under division (D) of section 3734.12 of the Revised	33488
Code in accordance with the following schedule:	33489

(a) Not later than September 24, 1988, if the facility is	33490
located in the city of Garfield Heights or Parma in Cuyahoga	33491
county;	33492

(b) Not later than December 24, 1988, if the facility is	33493
located in Delaware, Greene, Guernsey, Hamilton, Madison,	33494
Mahoning, Ottawa, or Vinton county;	33495

(c) Not later than March 24, 1989, if the facility is located	33496
in Champaign, Clinton, Columbiana, Huron, Paulding, Stark, or	33497
Washington county, or is located in the city of Brooklyn or	33498
Cuyahoga Heights in Cuyahoga county;	33499

(d) Not later than June 24, 1989, if the facility is located	33500
in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, Lucas, or	33501
Summit county or is located in Cuyahoga county outside the cities	33502
of Garfield Heights, Parma, Brooklyn, and Cuyahoga Heights;	33503

(e) Not later than September 24, 1989, if the facility is	33504
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross	33505
county;	33506

(f) Not later than December 24, 1989, if the facility is	33507
located in a county not listed in divisions (A)(3)(a) to (e) of	33508
this section;	33509

(g) Notwithstanding divisions (A)(3)(a) to (f) of this	33510
section, not later than December 31, 1990, if the facility is a	33511
solid waste facility owned by a generator of solid wastes when the	33512
solid waste facility exclusively disposes of solid wastes	33513
generated at one or more premises owned by the generator	33514
regardless of whether the facility is located on a premises where	33515
the wastes are generated and if the facility disposes of more than	33516
one hundred thousand tons of solid wastes per year, provided that	33517
any such facility shall be subject to division (A)(5) of this	33518
section.	33519

(4) Except as provided in divisions (A)(8), (9), and (10) of	33520
this section, unless the owner or operator of any solid waste	33521
facility for which a permit was issued after July 1, 1968, but	33522
before January 1, 1980, has obtained an exemption from the	33523
requirements of division (A)(4) of this section under division (G)	33524
of section 3734.02 of the Revised Code, the owner or operator	33525
shall submit to the director an application for a permit with	33526
accompanying engineering detail plans, specifications, and	33527
information regarding the facility and its method of operation for	33528
approval under those rules.	33529

(5) The director may issue an order in accordance with	33530
Chapter 3745. of the Revised Code to the owner or operator of a	33531
solid waste facility requiring the person to submit to the	33532
director updated engineering detail plans, specifications, and	33533
information regarding the facility and its method of operation for	33534
approval under rules adopted under division (A) of section 3734.02	33535
of the Revised Code and applicable rules adopted under division	33536
(D) of section 3734.12 of the Revised Code if, in the director's	33537
judgment, conditions at the facility constitute a substantial	33538
threat to public health or safety or are causing or contributing	33539
to or threatening to cause or contribute to air or water pollution	33540
or soil contamination. Any person who receives such an order shall	33541
submit the updated engineering detail plans, specifications, and	33542
information to the director within one hundred eighty days after	33543
the effective date of the order.	33544

(6) The director shall act upon an application submitted	33545
under division (A)(3) or (4) of this section and any updated	33546
engineering plans, specifications, and information submitted under	33547
division (A)(5) of this section within one hundred eighty days	33548
after receiving them. If the director denies any such permit	33549
application, the order denying the application or disapproving the	33550
plans shall include the requirements that the owner or operator	33551
submit a plan for closure and post-closure care of the facility to	33552
the director for approval within six months after issuance of the	33553
order, cease accepting solid wastes for disposal or transfer at	33554
the facility, and commence closure of the facility not later than	33555
one year after issuance of the order. If the director determines	33556
that closure of the facility within that one-year period would	33557
result in the unavailability of sufficient solid waste management	33558
facility capacity within the county or joint solid waste	33559
management district in which the facility is located to dispose of	33560
or transfer the solid waste generated within the district, the	33561
director in the order of denial or disapproval may postpone	33562
commencement of closure of the facility for such period of time as	33563
the director finds necessary for the board of county commissioners	33564
or directors of the district to secure access to or for there to	33565
be constructed within the district sufficient solid waste	33566
management facility capacity to meet the needs of the district,	33567
provided that the director shall certify in the director's order	33568
that postponing the date for commencement of closure will not	33569
endanger ground water or any property surrounding the facility,	33570
allow methane gas migration to occur, or cause or contribute to	33571
any other type of environmental damage.	33572

If an emergency need for disposal capacity that may affect	33573
public health and safety exists as a result of closure of a	33574
facility under division (A)(6) of this section, the director may	33575
issue an order designating another solid waste facility to accept	33576
the wastes that would have been disposed of at the facility to be	33577
closed.	33578

(7) If the director determines that standards more stringent	33579
than those applicable in rules adopted under division (A) of	33580
section 3734.02 of the Revised Code and division (D) of section	33581
3734.12 of the Revised Code, or standards pertaining to subjects	33582
not specifically addressed by those rules, are necessary to ensure	33583
that a solid waste facility constructed at the proposed location	33584
will not cause a nuisance, cause or contribute to water pollution,	33585
or endanger public health or safety, the director may issue a	33586
permit for the facility with such terms and conditions as the	33587
director finds necessary to protect public health and safety and	33588
the environment. If a permit is issued, the director shall state	33589
in the order issuing it the specific findings supporting each such	33590
term or condition.	33591

(8) Divisions (A)(1), (2)(a), (3), and (4) of this section do	33592
not apply to a solid waste compost facility that accepts	33593
exclusively source separated yard wastes and that is registered	33594
under division (C) of section 3734.02 of the Revised Code or,	33595
unless otherwise provided in rules adopted under division (N)(3)	33596
of section 3734.02 of the Revised Code, to a solid waste compost	33597
facility if the director has adopted rules establishing an	33598
alternative system for authorizing the establishment, operation,	33599
or modification of a solid waste compost facility under that	33600
division.	33601

(9) Divisions (A)(1) to (7) of this section do not apply to	33602
scrap tire collection, storage, monocell, monofill, and recovery	33603
facilities. The approval of plans and specifications, as	33604
applicable, and the issuance of registration certificates,	33605
permits, and licenses for those facilities are subject to sections	33606
3734.75 to 3734.78 of the Revised Code, as applicable, and section	33607
3734.81 of the Revised Code.	33608

(10) Divisions (A)(3) and (4) of this section do not apply to	33609
a solid waste incinerator that was placed into operation on or	33610
before October 12, 1994, and that is not authorized to accept and	33611
treat infectious wastes pursuant to division (B) of this section.	33612

(B)(1) Each person who is engaged in the business of treating	33613
infectious wastes for profit at a treatment facility located off	33614
the premises where the wastes are generated that is in operation	33615
on August 10, 1988, and who proposes to continue operating the	33616
facility shall submit to the board of health of the health	33617
district in which the facility is located an application for a	33618
license to operate the facility.	33619

Thereafter, no person shall operate or maintain an infectious	33620
waste treatment facility without a license issued by the board of	33621
health of the health district in which the facility is located or	33622
by the director when the health district in which the facility is	33623
located is not on the approved list under section 3734.08 of the	33624
Revised Code.	33625

(2)(a) During the month of December, but before the first day	33626
of January of the next year, every person proposing to continue to	33627
operate an existing infectious waste treatment facility shall	33628
procure a license to operate the facility for that year from the	33629
board of health of the health district in which the facility is	33630
located or, if the health district is not on the approved list	33631
under section 3734.08 of the Revised Code, from the director. The	33632
application for such a license shall be submitted to the board of	33633
health or to the director, as appropriate, on or before the last	33634
day of September of the year preceding that for which the license	33635
is sought. In addition to the application fee prescribed in	33636
division (B)(2)(c) of this section, a person who submits an	33637
application after that date shall pay an additional ten per cent	33638
of the amount of the application fee for each week that the	33639
application is late. Late payment fees accompanying an application	33640
submitted to the board of health shall be credited to the special	33641
infectious waste fund of the health district created in division	33642
(C) of section 3734.06 of the Revised Code, and late payment fees	33643
accompanying an application submitted to the director shall be	33644
credited to the general revenue fund. A person who has received a	33645
license, upon sale or disposition of an infectious waste treatment	33646
facility and upon consent of the board of health and the director,	33647
may have the license transferred to another person. The board of	33648
health or the director may include such terms and conditions in a	33649
license or revision to a license as are appropriate to ensure	33650
compliance with the infectious waste provisions of this chapter	33651
and rules adopted under them.	33652

(b) Each person proposing to open a new infectious waste	33653
treatment facility or to modify an existing infectious waste	33654
treatment facility shall submit an application for a permit with	33655
accompanying detail plans and specifications to the environmental	33656
protection agency for required approval under the rules adopted by	33657
the director pursuant to section 3734.021 of the Revised Code two	33658
hundred seventy days before proposed operation of the facility and	33659
concurrently shall make application for a license with the board	33660
of health of the health district in which the facility is or is	33661
proposed to be located. Not later than ninety days after receiving	33662
a completed application under division (B)(2)(b) of this section	33663
for a permit to open a new infectious waste treatment facility or	33664
modify an existing infectious waste treatment facility to expand	33665
its treatment capacity, or receiving a completed application under	33666
division (A)(2)(a) of this section for a permit to open a new	33667
solid waste incineration facility, or modify an existing solid	33668
waste incineration facility to also treat infectious wastes or to	33669
increase its infectious waste treatment capacity, that pertains to	33670
a facility for which a notation authorizing infectious waste	33671
treatment is included or proposed to be included in the solid	33672
waste incineration facility's license pursuant to division (B)(3)	33673
of this section, the director shall hold a public hearing on the	33674
application within the county in which the new or modified	33675
infectious waste or solid waste facility is or is proposed to be	33676
located or within a contiguous county. Not less than thirty days	33677
before holding the public hearing on the application, the director	33678
shall publish notice of the hearing in each newspaper that has	33679
general circulation and that is published in the county in which	33680
the facility is or is proposed to be located. If there is no	33681
newspaper that has general circulation and that is published in	33682
the county, the director shall publish the notice in a newspaper	33683
of general circulation in the county. The notice shall contain the	33684
date, time, and location of the public hearing and a general	33685
description of the proposed new or modified facility. At the	33686
public hearing, any person may submit written or oral comments on	33687
or objections to the approval or disapproval of the application.	33688
The applicant, or a representative of the applicant who has	33689
knowledge of the location, construction, and operation of the	33690
facility, shall attend the public hearing to respond to comments	33691
or questions concerning the facility directed to the applicant or	33692
representative by the officer or employee of the environmental	33693
protection agency presiding at the hearing.	33694

(c) Each application for a permit under division (B)(2)(b) of	33695
this section shall be accompanied by a nonrefundable application	33696
fee of four hundred dollars that shall be credited to the general	33697
revenue fund. Each application for an annual license under	33698
division (B)(2)(a) of this section shall be accompanied by a	33699
nonrefundable application fee of one hundred dollars. If the	33700
application for an annual license is submitted to a board of	33701
health on the approved list under section 3734.08 of the Revised	33702
Code, the application fee shall be credited to the special	33703
infectious waste fund of the health district created in division	33704
(C) of section 3734.06 of the Revised Code. If the application for	33705
an annual license is submitted to the director, the application	33706
fee shall be credited to the general revenue fund. If a permit or	33707
license is issued, the amount of the application fee paid shall be	33708
deducted from the amount of the permit fee due under division (Q)	33709
of section 3745.11 of the Revised Code or the amount of the	33710
license fee due under division (C) of section 3734.06 of the	33711
Revised Code.	33712

(d) The owner or operator of any infectious waste treatment	33713
facility that commenced operation on or before July 1, 1968, shall	33714
submit to the director an application for a permit with	33715
accompanying engineering detail plans, specifications, and	33716
information regarding the facility and its method of operation for	33717
approval under rules adopted under section 3734.021 of the Revised	33718
Code in accordance with the following schedule:	33719

(i) Not later than December 24, 1988, if the facility is	33720
located in Delaware, Greene, Guernsey, Hamilton, Madison,	33721
Mahoning, Ottawa, or Vinton county;	33722

(ii) Not later than March 24, 1989, if the facility is	33723
located in Champaign, Clinton, Columbiana, Huron, Paulding, Stark,	33724
or Washington county, or is located in the city of Brooklyn,	33725
Cuyahoga Heights, or Parma in Cuyahoga county;	33726

(iii) Not later than June 24, 1989, if the facility is	33727
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain,	33728
Lucas, or Summit county or is located in Cuyahoga county outside	33729
the cities of Brooklyn, Cuyahoga Heights, and Parma;	33730

(iv) Not later than September 24, 1989, if the facility is	33731
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross	33732
county;	33733

(v) Not later than December 24, 1989, if the facility is	33734
located in a county not listed in divisions (B)(2)(d)(i) to (iv)	33735
of this section.	33736

The owner or operator of an infectious waste treatment	33737
facility required to submit a permit application under division	33738
(B)(2)(d) of this section is not required to pay any permit	33739
application fee under division (B)(2)(c) of this section, or	33740
permit fee under division (Q) of section 3745.11 of the Revised	33741
Code, with respect thereto unless the owner or operator also	33742
proposes to modify the facility.	33743

(e) The director may issue an order in accordance with	33744
Chapter 3745. of the Revised Code to the owner or operator of an	33745
infectious waste treatment facility requiring the person to submit	33746
to the director updated engineering detail plans, specifications,	33747
and information regarding the facility and its method of operation	33748
for approval under rules adopted under section 3734.021 of the	33749
Revised Code if, in the director's judgment, conditions at the	33750
facility constitute a substantial threat to public health or	33751
safety or are causing or contributing to or threatening to cause	33752
or contribute to air or water pollution or soil contamination. Any	33753
person who receives such an order shall submit the updated	33754
engineering detail plans, specifications, and information to the	33755
director within one hundred eighty days after the effective date	33756
of the order.	33757

(f) The director shall act upon an application submitted	33758
under division (B)(2)(d) of this section and any updated	33759
engineering plans, specifications, and information submitted under	33760
division (B)(2)(e) of this section within one hundred eighty days	33761
after receiving them. If the director denies any such permit	33762
application or disapproves any such updated engineering plans,	33763
specifications, and information, the director shall include in the	33764
order denying the application or disapproving the plans the	33765
requirement that the owner or operator cease accepting infectious	33766
wastes for treatment at the facility.	33767

(3) Division (B) of this section does not apply to an	33768
infectious waste treatment facility that meets any of the	33769
following conditions:	33770

(a) Is owned or operated by the generator of the wastes and	33771
exclusively treats, by methods, techniques, and practices	33772
established by rules adopted under division (C)(1) or (3) of	33773
section 3734.021 of the Revised Code, wastes that are generated at	33774
any premises owned or operated by that generator regardless of	33775
whether the wastes are generated on the same premises where the	33776
generator's treatment facility is located or, if the generator is	33777
a hospital as defined in section 3727.01 of the Revised Code,	33778
infectious wastes that are described in division (A)(1)(g), (h),	33779
or (i) of section 3734.021 of the Revised Code;	33780

(b) Holds a license or renewal of a license to operate a	33781
crematory facility issued under Chapter 4717. and a permit issued	33782
under Chapter 3704. of the Revised Code;	33783

(c) Treats or disposes of dead animals or parts thereof, or	33784
the blood of animals, and is subject to any of the following:	33785

(i) Inspection under the "Federal Meat Inspection Act," 81	33786
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	33787

(ii) Chapter 918. of the Revised Code;

33788

(iii) Chapter 953. of the Revised Code.

33789

Nothing in division (B) of this section requires a facility	33790
that holds a license issued under division (A) of this section as	33791
a solid waste facility and that also treats infectious wastes by	33792
the same method, technique, or process to obtain a license under	33793
division (B) of this section as an infectious waste treatment	33794
facility. However, the solid waste facility license for the	33795
facility shall include the notation that the facility also treats	33796
infectious wastes.	33797

On and after the effective date of the amendments to the	33798
rules adopted under division (C)(2) of section 3734.021 of the	33799
Revised Code that are required by Section 6 of Substitute House	33800
Bill No. 98 of the 120th General Assembly, the director shall not	33801
issue a permit to open a new solid waste incineration facility	33802
unless the proposed facility complies with the requirements for	33803
the location of new infectious waste incineration facilities	33804
established in the required amendments to those rules.	33805

(C) Except for a facility or activity described in division	33806
(E)(3) of section 3734.02 of the Revised Code, a person who	33807
proposes to establish or operate a hazardous waste facility shall	33808
submit ana complete application for a hazardous waste facility	33809
installation and operation permit and accompanying detail plans,	33810
specifications, and such information as the director may require	33811
to the environmental protection agency, except as provided in	33812
division (E)(2) of this section, at least one hundred eighty days	33813
before the proposed beginning of operation of the facility. The	33814
applicant shall notify by certified mail the legislative authority	33815
of each municipal corporation, township, and county in which the	33816
facility is proposed to be located of the submission of the	33817
application within ten days after the submission or at such	33818
earlier time as the director may establish by rule. If the	33819
application is for a proposed new hazardous waste disposal or	33820
thermal treatment facility, the applicant also shall give actual	33821
notice of the general design and purpose of the facility to the	33822
legislative authority of each municipal corporation, township, and	33823
county in which the facility is proposed to be located at least	33824
ninety days before the permit application is submitted to the	33825
environmental protection agency.	33826

In accordance with rules adopted under section 3734.12 of the	33827
Revised Code, prior to the submission of a complete application	33828
for a hazardous waste facility installation and operation permit,	33829
the applicant shall hold at least one meeting in the township or	33830
municipal corporation in which the facility is proposed to be	33831
located, whichever is geographically closer to the proposed	33832
location of the facility. The meeting shall be open to the public	33833
and shall be held to inform the community of the proposed	33834
hazardous waste management activities and to solicit questions	33835
from the community concerning the activities.	33836

(D)(1) There is hereby created the hazardous waste facility	33837
board, composed of the director of environmental protection who	33838
shall serve as chairperson, the director of natural resources, and	33839
the chairperson of the Ohio water development authority, or their	33840
respective designees, and one chemical engineer and one geologist	33841
who each shall be employed by a state university as defined in	33842
section 3345.011 of the Revised Code. The chemical engineer and	33843
geologist each shall be appointed by the governor, with the advice	33844
and consent of the senate, for a term of two years. The chemical	33845
engineer and geologist each shall receive as compensation five	33846
thousand dollars per year, plus expenses necessarily incurred in	33847
the performance of their duties.	33848

The board shall not issue any final order without the consent	33849
of at least three members.	33850

(2) The hazardous waste facility board shall do both of the	33851
following:	33852

(a) Pursuant to Chapter 119. of the Revised Code, adopt rules	33853
governing procedure to be followed in hearings before the board;	33854

(b) Except as provided in section 3734.123 of the Revised	33855
Code, approve or disapprove applications for a hazardous waste	33856
facility installation and operation permit for new facilities and	33857
applications for modifications to existing permits for which the	33858
board has jurisdiction as provided in division (I)(3) of this	33859
section.	33860

(3) Except as provided in section 3734.123 of the Revised	33861
Code, upon receipt of the completed application for a hazardous	33862
waste facility installation and operation permit and a preliminary	33863
determination by the staff of the environmental protection agency	33864
that the application appears to comply with agency rules and to	33865
meet the performance standards set forth in divisions (D), (I),	33866
and (J) of section 3734.12 of the Revised Code, the director shall	33867
transmit the application to the board, which shall do all of the	33868
following:	33869

(a) Promptly fix a date for a public hearing on the	33870
application, not fewer than sixty nor more than ninety days after	33871
receipt of the completed application. At the public hearing, any	33872
person may submit written or oral comments or objections to the	33873
approval or disapproval of the application. A representative of	33874
the applicant who has knowledge of the location, construction,	33875
operation, closure, and post-closure care, if applicable, of the	33876
facility shall attend the public hearing in order to respond to	33877
comments or questions concerning the facility directed to the	33878
representative by the presiding officer.	33879

(b) Give public notice of the date of the public hearing and	33880
a summary of the application in a newspaper having general	33881
circulation in the county in which the facility is proposed to be	33882
located. The notice shall contain, at a minimum, the date, time,	33883
and location of the public hearing and shall include the location	33884
and street address of, or the nearest intersection to, the	33885
proposed facility, a description of the proposed facility, and the	33886
location where copies of the application, a short statement by the	33887
applicant of the anticipated environmental impact of the facility,	33888
and a map of the facility are available for inspection.	33889

(c) Promptly fix a date for an adjudication hearing, not	33890
fewer than ninety nor more than one hundred twenty days after	33891
receipt of the completed application, at which hearing the board	33892
shall hear and decide all disputed issues between the parties	33893
respecting the approval or disapproval of the application.	33894

(4) The parties to any adjudication hearing before the board	33895
upon a completed application shall be the following:	33896

(a) The applicant;

33897

(b) The staff of the environmental protection agency;

33898

(c) The board of county commissioners of the county, the	33899
board of township trustees of the township, and the chief	33900
executive officer of the municipal corporation in which the	33901
facility is proposed to be located;	33902

(d) Any other person who would be aggrieved or adversely	33903
affected by the proposed facility and who files a petition to	33904
intervene in the adjudication hearing not later than thirty days	33905
after the date of publication of the notice required in division	33906
(D)(3)(b) of this section if the petition is granted by the board	33907
for good cause shown. The board may allow intervention by other	33908
aggrieved or adversely affected persons up to fifteen days prior	33909
to the date of the adjudication hearing for good cause shown when	33910
the intervention would not be unduly burdensome to or cause a	33911
delay in the permitting process.	33912

(5) The hazardous waste facility board shall conduct any	33913
adjudication hearing upon disputed issues in accordance with	33914
Chapter 119. of the Revised Code and the rules of the board	33915
governing the procedure of such hearings. Each party may call and	33916
examine witnesses and submit other evidence respecting the	33917
disputed issues presented by an application. A written record	33918
shall be made of the hearing and of all testimony and evidence	33919
submitted to the boardupon receipt of a complete application for	33920
a hazardous waste facility installation and operation permit under	33921
division (C) of this section, the director shall consider the	33922
application and accompanying information to determine whether the	33923
application complies with agency rules and the requirements of	33924
division (D)(2) of this section. After making a determination, the	33925
director shall issue either a draft permit or a notice of intent	33926
to deny the permit. The director, in accordance with rules adopted	33927
under section 3734.12 of the Revised Code or with rules adopted to	33928
implement Chapter 3745. of the Revised Code, shall provide public	33929
notice of the application and the draft permit or the notice of	33930
intent to deny the permit, provide an opportunity for public	33931
comments, and, if significant interest is shown, schedule a public	33932
meeting in the county in which the facility is proposed to be	33933
located and give public notice of the date, time, and location of	33934
the public meeting in a newspaper of general circulation in that	33935
county.	33936

(6)(2) The boarddirector shall not approve an application	33937
for a hazardous waste facility installation and operation permit	33938
or an application for a modification under division (I)(3) of this	33939
section unless itthe director finds and determines as follows:	33940

(a) The nature and volume of the waste to be treated, stored,	33941
or disposed of at the facility;	33942

(b) That the facility complies with the director's hazardous	33943
waste standards adopted pursuant to section 3734.12 of the Revised	33944
Code;	33945

(c) That the facility represents the minimum adverse	33946
environmental impact, considering the state of available	33947
technology and the nature and economics of various alternatives,	33948
and other pertinent considerations;	33949

(d) That the facility represents the minimum risk of all of	33950
the following:	33951

(i) Contamination of ground and surface waters;

33952

(ii) Fires or explosions from treatment, storage, or disposal	33953
methods;	33954

(iii) Accident(ii) Release of hazardous waste during	33955
transportation of hazardous waste to or from the facility;	33956

(iv) Impact(iii) Adverse impact on the public health and	33957
safety;	33958

(v) Air pollution;

33959

(vi) Soil contamination.

33960

(e) That the facility will comply with this chapter and	33961
Chapters 3704., 3734., and 6111. of the Revised Code and all rules	33962
and standards adopted under those chaptersthem;	33963

(f) That if the owner of the facility, the operator of the	33964
facility, or any other person in a position with the facility from	33965
which the person may influence the installation and operation of	33966
the facility has been involved in any prior activity involving	33967
transportation, treatment, storage, or disposal of hazardous	33968
waste, that person has a history of compliance with this chapter	33969
and Chapters 3704., 3734., and 6111. of the Revised Code and all	33970
rules and standards adopted under those chaptersthem, the	33971
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2806,	33972
42 U.S.C.A. 6921, as amended, and all regulations adopted under	33973
it, and similar laws and rules of other states if any such prior	33974
operation was located in another state that demonstrates	33975
sufficient reliability, expertise, and competency to operate a	33976
hazardous waste facility under the applicable provisions of this	33977
chapter and Chapters 3704., 3734., and 6111. of the Revised Code,	33978
the applicable rules and standards adopted under those chapters	33979
them, and terms and conditions of a hazardous waste facility	33980
installation and operation permit, given the potential for harm to	33981
the public health and safety and the environment that could result	33982
from the irresponsible operation of the facility;. For off-site	33983
facilities, as defined in section 3734.41 of the Revised Code, the	33984
director may use the investigative reports of the attorney general	33985
prepared pursuant to section 3734.42 of the Revised Code as a	33986
basis for making a finding and determination under division	33987
(D)(2)(f) of this section.	33988

(g) That the active areas within a new hazardous waste	33989
facility where acute hazardous waste as listed in 40 C.F.R. 261.33	33990
(e), as amended, or organic waste that is toxic and is listed	33991
under 40 C.F.R. 261, as amended, is being stored, treated, or	33992
disposed of and where the aggregate of the storage design capacity	33993
and the disposal design capacity of all hazardous waste in those	33994
areas is greater than two hundred fifty thousand gallons, are not	33995
located or operated within any of the following:	33996

(i) Two thousand feet of any residence, school, hospital,	33997
jail, or prison;	33998

(ii) Any naturally occurring wetland;

33999

(iii) Any flood hazard area if the applicant cannot show that	34000
the facility will be designed, constructed, operated, and	34001
maintained to prevent washout by a one-hundred-year flood or that	34002
procedures will be in effect to remove the waste before flood	34003
waters can reach it.	34004

Division (D)(6)(2)(g) of this section does not apply to the	34005
facility of any applicant who demonstrates to the boarddirector	34006
that the limitations specified in that division are not necessary	34007
because of the nature or volume of the waste and the manner of	34008
management applied, the facility will impose no substantial danger	34009
to the health and safety of persons occupying the structures	34010
listed in division (D)(6)(2)(g)(i) of this section, and the	34011
facility is to be located or operated in an area where the	34012
proposed hazardous waste activities will not be incompatible with	34013
existing land uses in the area.	34014

(h) That the facility will not be located within the	34015
boundaries of a state park established or dedicated under Chapter	34016
1541. of the Revised Code, a state park purchase area established	34017
under section 1541.02 of the Revised Code, any unit of the	34018
national park system, or any property that lies within the	34019
boundaries of a national park or recreation area, but that has not	34020
been acquired or is not administered by the secretary of the	34021
United States department of the interior, located in this state,	34022
or any candidate area located in this state identified for	34023
potential inclusion in the national park system in the edition of	34024
the "national park system plan" submitted under paragraph (b) of	34025
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	34026
U.S.C.A. 1a-5, as amended, current at the time of filing of the	34027
application for the permit, unless the facility will be used	34028
exclusively for the storage of hazardous waste generated within	34029
the park or recreation area in conjunction with the operation of	34030
the park or recreation area. Division (D)(6)(2)(h) of this section	34031
does not apply to the facility of any applicant for modification	34032
of a permit unless the modification application proposes to	34033
increase the land area included in the facility or to increase the	34034
quantity of hazardous waste that will be treated, stored, or	34035
disposed of at the facility.	34036

In rendering a decision upon an application for a hazardous	34037
waste facility installation and operation permit, the board shall	34038
issue a written order and opinion, which shall include the	34039
specific findings of fact and conclusions of law that support the	34040
board's approval or disapproval of the application.	34041

(3) Not later than one hundred eighty days after the end of	34042
the public comment period, the director, without prior hearing,	34043
shall issue or deny the permit in accordance with Chapter 3745. of	34044
the Revised Code. If the boarddirector approves an application	34045
for a hazardous waste facility installation and operation permit,	34046
as a part of its written order, itthe director shall issue the	34047
permit, upon such terms and conditions as the boarddirector finds	34048
are necessary to ensure the construction and operation of the	34049
hazardous waste facility in accordance with the standards of this	34050
section.	34051

(7) Any party adversely affected by an order of the hazardous	34052
waste facility board may appeal the order and decision of the	34053
board to the court of appeals of Franklin county. An appellant	34054
shall file with the board a notice of appeal, which shall	34055
designate the order appealed from. A copy of the notice also shall	34056
be filed by the appellant with the court, and a copy shall be sent	34057
by certified mail to each party to the adjudication hearing before	34058
the board. Such notices shall be filed and mailed within thirty	34059
days after the date upon which the appellant received notice from	34060
the board by certified mail of the making of the order appealed	34061
from. No appeal bond shall be required to make an appeal	34062
effective.	34063

The filing of a notice of appeal shall not operate	34064
automatically as a suspension of the order of the board. If it	34065
appears to the court that an unjust hardship to the appellant will	34066
result from the execution of the board's order pending	34067
determination of the appeal, the court may grant a suspension of	34068
the order and fix its terms.	34069

Within twenty days after receipt of the notice of appeal, the	34070
board shall prepare and file in the court the complete record of	34071
proceedings out of which the appeal arises, including any	34072
transcript of the testimony and any other evidence that has been	34073
submitted before the board. The expense of preparing and	34074
transcribing the record shall be taxed as a part of the costs of	34075
the appeal. The appellant, other than the state or a political	34076
subdivision, an agency of either, or any officer of the appellant	34077
acting in the officer's representative capacity, shall provide	34078
security for costs satisfactory to the court considering the	34079
respective interests of the parties and the public interest. Upon	34080
demand by a party, the board shall furnish, at the cost of the	34081
party requesting it, a copy of the record. If the complete record	34082
is not filed within the time provided for in this section, any	34083
party may apply to the court to have the case docketed, and the	34084
court shall order the record filed.	34085

In hearing the appeal, the court is confined to the record as	34086
certified to it by the board. The court may grant a request for	34087
the admission of additional evidence when satisfied that the	34088
additional evidence is newly discovered and could not with	34089
reasonable diligence have been ascertained prior to the hearing	34090
before the board.	34091

The court shall affirm the order complained of in the appeal	34092
if it finds, upon consideration of the entire record and such	34093
additional evidence as the court has admitted, that the order is	34094
supported by reliable, probative, and substantial evidence and is	34095
in accordance with law. In the absence of such findings, it shall	34096
reverse, vacate, or modify the order or make such other ruling as	34097
is supported by reliable, probative, and substantial evidence and	34098
is in accordance with law. The judgment of the court shall be	34099
final and conclusive unless reversed, vacated, or modified on	34100
appeal. Such appeals may be taken by any party to the appeal	34101
pursuant to the Rules of Practice of the Supreme Court and, to the	34102
extent not in conflict with those rules, Chapter 2505. of the	34103
Revised Code.	34104

(E)(1) Upon receipt of a completed application, the board	34105
shall issue a hazardous waste facility installation and operation	34106
permit for a hazardous waste facility subject to the requirements	34107
of divisions (D)(6) and (7) of this section and all applicable	34108
federal regulations if the facility for which the permit is	34109
requested satisfies all of the following:	34110

(a) Was in operation immediately prior to October 9, 1980;

34111

(b) Was in substantial compliance with applicable statutes	34112
and rules in effect immediately prior to October 9, 1980, as	34113
determined by the director;	34114

(c) Demonstrates to the board that its operations after	34115
October 9, 1980, comply with applicable performance standards	34116
adopted by the director pursuant to division (D) of section	34117
3734.12 of the Revised Code;	34118

(d) Submits a completed application for a permit under	34119
division (C) of this section within six months after October 9,	34120
1980.	34121

The board shall act on the application within twelve months	34122
after October 9, 1980.	34123

(2) A hazardous waste facility that was in operation	34124
immediately prior to October 9, 1980, may continue to operate	34125
after that date if it does all of the following:	34126

(a) Complies with performance standards adopted by the	34127
director pursuant to division (D) of section 3734.12 of the	34128
Revised Code;	34129

(b) Submits a completed application for a hazardous waste	34130
installation and operation permit under division (C) of this	34131
section within six months after October 9, 1980;	34132

(c) Obtains the permit under division (D) of this section	34133
within twelve months after October 9, 1980.	34134

(3) No political subdivision of this state shall require any	34135
additional zoning or other approval, consent, permit, certificate,	34136
or condition for the construction or operation of a hazardous	34137
waste facility authorized by a hazardous waste facility	34138
installation and operation permit issued pursuant to this chapter,	34139
nor shall any political subdivision adopt or enforce any law,	34140
ordinance, or rule that in any way alters, impairs, or limits the	34141
authority granted in the permit.	34142

(4) After the issuance of a hazardous waste facility	34143
installation and operation permit by the board, each hazardous	34144
waste facility shall be subject to the rules and supervision of	34145
the director during the period of its operation, closure, and	34146
post-closure care, if applicable.	34147

(F) Upon approval of the board in accordance with divisions	34148
(D) and (E) of this section, the boardThe director may issue a	34149
single hazardous waste facility installation and operation permit	34150
to a person who operates two or more adjoining facilities where	34151
hazardous waste is stored, treated, or disposed of if the	34152
application includes detail plans, specifications, and information	34153
on all facilities. For the purposes of this section, "adjoining"	34154
means sharing a common boundary, separated only by a public road,	34155
or in such proximity that the director determines that the	34156
issuance of a single permit will not create a hazard to the public	34157
health or safety or the environment.	34158

(G) No person shall falsify or fail to keep or submit any	34159
plans, specifications, data, reports, records, manifests, or other	34160
information required to be kept or submitted to the director or to	34161
the hazardous waste facility board by this chapter or the rules	34162
adopted under it.	34163

(H)(1) Each person who holds an installation and operation	34164
permit issued under this section and who wishes to obtain a permit	34165
renewal shall submit a completed application for an installation	34166
and operation permit renewal and any necessary accompanying	34167
general plans, detail plans, specifications, and such information	34168
as the director may require to the director no later than one	34169
hundred eighty days prior to the expiration date of the existing	34170
permit or upon a later date prior to the expiration of the	34171
existing permit if the permittee can demonstrate good cause for	34172
the late submittal. The director shall consider the application	34173
and accompanying information, inspection reports of the facility,	34174
results of performance tests, a report regarding the facility's	34175
compliance or noncompliance with the terms and conditions of its	34176
permit and rules adopted by the director under this chapter, and	34177
such other information as is relevant to the operation of the	34178
facility and shall issue a draft renewal permit or a notice of	34179
intent to deny the renewal permit. The director, in accordance	34180
with rules adopted under this section or with rules adopted to	34181
implement Chapter 3745. of the Revised Code, shall give public	34182
notice of the application and draft renewal permit or notice of	34183
intent to deny the renewal permit, provide for the opportunity for	34184
public comments within a specified time period, schedule a public	34185
meeting in the county in which the facility is located if	34186
significant interest is shown, and give public notice of the	34187
public meeting.	34188

(2) Within sixty days after the public meeting or close of	34189
the public comment period, the director, without prior hearing,	34190
shall issue or deny the renewal permit in accordance with Chapter	34191
3745. of the Revised Code. The director shall not issue a renewal	34192
permit unless the director determines that the facility under the	34193
existing permit has a history of compliance with this chapter,	34194
rules adopted under it, the existing permit, or orders entered to	34195
enforce such requirements that demonstrates sufficient	34196
reliability, expertise, and competency to operate the facility	34197
henceforth under this chapter, rules adopted under it, and the	34198
renewal permit. If the director approves an application for a	34199
renewal permit, the director shall issue the permit subject to the	34200
payment of the annual permit fee required under division (E) of	34201
section 3734.02 of the Revised Code and upon such terms and	34202
conditions as the director finds are reasonable to ensure that	34203
continued operation, maintenance, closure, and post-closure care	34204
of the hazardous waste facility are in accordance with the rules	34205
adopted under section 3734.12 of the Revised Code.	34206

(3) An installation and operation permit renewal application	34207
submitted to the director that also contains or would constitute	34208
an application for a modification shall be acted upon by the	34209
director in accordance with division (I) of this section in the	34210
same manner as an application for a modification. In approving or	34211
disapproving the renewal portion of a permit renewal application	34212
containing an application for a modification, the director shall	34213
apply the criteria established under division (H)(2) of this	34214
section.	34215

(4) An application for renewal or modification of a permit	34216
that does not contain an application for a modification as	34217
described in divisions (I)(3)(a) to (d) of this section shall not	34218
be subject to division (D)(2) of this section.	34219

(I)(1) As used in this section, "modification" means a change	34220
or alteration to a hazardous waste facility or its operations that	34221
is inconsistent with or not authorized by its existing permit or	34222
authorization to operate. Modifications shall be classified as	34223
Class 1, 2, or 3 modifications in accordance with rules adopted	34224
under division (K) of this section. Modifications classified as	34225
Class 3 modifications, in accordance with rules adopted under that	34226
division, shall be further classified by the director as either	34227
Class 3 modifications that are to be approved or disapproved by	34228
the hazardous waste facility board as described indirector under	34229
divisions (I)(3)(a) to (d) of this section or as Class 3	34230
modifications that are to be approved or disapproved by the	34231
director under division (I)(5) of this section. Not later than	34232
thirty days after receiving a request for a modification under	34233
division (I)(4) of this section that is not listed in Appendix I	34234
to 40 C.F.R. 270.42 or in rules adopted under division (K) of this	34235
section, the director shall classify the modification and shall	34236
notify the owner or operator of the facility requesting the	34237
modification of the classification. Notwithstanding any other law	34238
to the contrary, any modification that involves the transfer of a	34239
hazardous waste facility installation and operation permit to a	34240
new owner or operator shall be classified as a Class 3	34241
modification.	34242

(2) Except as provided in section 3734.123 of the Revised	34243
Code, a hazardous waste facility installation and operation permit	34244
may be modified at the request of the director or upon the written	34245
request of the permittee only if any of the following applies:	34246

(a) The permittee desires to accomplish alterations,	34247
additions, or deletions to the permitted facility or to undertake	34248
alterations, additions, deletions, or activities that are	34249
inconsistent with or not authorized by the existing permit;	34250

(b) New information or data justify permit conditions in	34251
addition to or different from those in the existing permit;	34252

(c) The standards, criteria, or rules upon which the existing	34253
permit is based have been changed by new, amended, or rescinded	34254
standards, criteria, or rules, or by judicial decision after the	34255
existing permit was issued, and the change justifies permit	34256
conditions in addition to or different from those in the existing	34257
permit;	34258

(d) The permittee proposes to transfer the permit to another	34259
person.	34260

(3) The director has jurisdiction toshall approve or	34261
disapprove applicationsan application for Class 1 modifications,	34262
Class 2 modifications, and Class 3 modifications not otherwise	34263
described in divisions (I)(3)(a) to (d) of this section. The	34264
hazardous waste facility board has jurisdiction to approve or	34265
disapprove applications for anya modification in accordance with	34266
division (D)(2) of this section and rules adopted under division	34267
(K) of this section for all of the following categories of Class 3	34268
modifications:	34269

(a) Authority to conduct treatment, storage, or disposal at a	34270
site, location, or tract of land that has not been authorized for	34271
the proposed category of treatment, storage, or disposal activity	34272
by the facility's permit;	34273

(b) Modification or addition of a hazardous waste management	34274
unit, as defined in rules adopted under section 3734.12 of the	34275
Revised Code, that results in an increase in a facility's storage	34276
capacity of more than twenty-five per cent over the capacity	34277
authorized by the facility's permit, an increase in a facility's	34278
treatment rate of more than twenty-five per cent over the rate so	34279
authorized, or an increase in a facility's disposal capacity over	34280
the capacity so authorized. The authorized disposal capacity for a	34281
facility shall be calculated from the approved design plans for	34282
the disposal units at that facility. In no case during a five-year	34283
period shall a facility's storage capacity or treatment rate be	34284
modified to increase by more than twenty-five per cent in the	34285
aggregate without boardthe director's approval in accordance with	34286
division (D)(2) of this section. Notwithstanding any provision of	34287
division (I) of this section to the contrary, a request for	34288
modification of a facility's annual total waste receipt limit	34289
shall be classified and approved or disapproved by the director	34290
under division (I)(5) of this section.	34291

(c) Authority to add any of the following categories of	34292
regulated activities not previously authorized at a facility by	34293
the facility's permit: storage at a facility not previously	34294
authorized to store hazardous waste, treatment at a facility not	34295
previously authorized to treat hazardous waste, or disposal at a	34296
facility not previously authorized to dispose of hazardous waste;	34297
or authority to add a category of hazardous waste management unit	34298
not previously authorized at the facility by the facility's	34299
permit. Notwithstanding any provision of division (I) of this	34300
section to the contrary, a request for authority to add or to	34301
modify an activity or a hazardous waste management unit for the	34302
purposes of performing a corrective action shall be classified and	34303
approved or disapproved by the director under division (I)(5) of	34304
this section.	34305

(d) Authority to treat, store, or dispose of waste types	34306
listed or characterized as reactive or explosive, in rules adopted	34307
under section 3734.12 of the Revised Code, or any acute hazardous	34308
waste listed in 40 C.F.R. 261.33(e), as amended, at a facility not	34309
previously authorized to treat, store, or dispose of those types	34310
of wastes by the facility's permit unless the requested authority	34311
is limited to wastes that no longer exhibit characteristics	34312
meeting the criteria for listing or characterization as reactive	34313
or explosive wastes, or for listing as acute hazardous waste, but	34314
still are required to carry those waste codes as established in	34315
rules adopted under section 3734.12 of the Revised Code because of	34316
the requirements established in 40 C.F.R. 261(a) and (e), as	34317
amended, that is, the "mixture,""derived-from," or "contained-in"	34318
regulations.	34319

(4) A written request for a modification from the permittee	34320
shall be submitted to the director and shall contain such	34321
information as is necessary to support the request. The director	34322
shall transmit to the board requests for Class 3 modifications	34323
described in divisions (I)(3)(a) to (d) of this section within two	34324
hundred forty days after receiving the requests. Requests for	34325
modifications shall be acted upon by the director or the board, as	34326
appropriate, in accordance with this section and rules adopted	34327
under it.	34328

(5) Class 1 modification applications that require prior	34329
approval of the director, as determined in accordance with rules	34330
adopted under division (K) of this section, Class 2 modification	34331
applications, and Class 3 modification applications that are not	34332
described in divisions (I)(3)(a) to (d) of this section shall be	34333
approved or disapproved by the director in accordance with rules	34334
adopted under division (K) of this section. The board of county	34335
commissioners of the county, the board of township trustees of the	34336
township, and the city manager or mayor of the municipal	34337
corporation in which a hazardous waste facility is located shall	34338
receive notification of any application for a modification for	34339
that facility and shall be considered as interested persons with	34340
respect to the director's consideration of the application.	34341

For those modification applications for a transfer of a	34342
permit to a new owner or operator of a facility, the director also	34343
shall determine that, if the transferee owner or operator has been	34344
involved in any prior activity involving the transportation,	34345
treatment, storage, or disposal of hazardous waste, the transferee	34346
owner or operator has a history of compliance with this chapter	34347
and Chapters 3704. and 6111. of the Revised Code and all rules and	34348
standards adopted under them, the "Resource Conservation and	34349
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	34350
amended, and all regulations adopted under it, and similar laws	34351
and rules of another state if the transferee owner or operator	34352
owns or operates a facility in that state, that demonstrates	34353
sufficient reliability, expertise, and competency to operate a	34354
hazardous waste facility under this chapter and Chapters 3704. and	34355
6111. of the Revised Code, all rules and standards adopted under	34356
them, and terms and conditions of a hazardous waste facility	34357
installation and operation permit, given the potential for harm to	34358
the public health and safety and the environment that could result	34359
from the irresponsible operation of the facility. A permit may be	34360
transferred to a new owner or operator only pursuant to a Class 3	34361
permit modification.	34362

As used in division (I)(5) of this section:

34363

(a) "Owner" means the person who owns a majority or	34364
controlling interest in a facility.	34365

(b) "Operator" means the person who is responsible for the	34366
overall operation of a facility.	34367

The director shall approve or disapprove an application for a	34368
Class 1 modification that requires the director's approval within	34369
sixty days after receiving the request for modification. The	34370
director shall approve or disapprove an application for a Class 2	34371
modification within three hundred days after receiving the request	34372
for modification. The director shall approve or disapprove an	34373
application for a Class 3 modification that is not described in	34374
divisions (I)(3)(a) to (d) of this section within three hundred	34375
sixty-five days after receiving the request for modification.	34376

(6) The approval or disapproval by the director of a Class 1	34377
modification application is not a final action that is appealable	34378
under Chapter 3745. of the Revised Code. The approval or	34379
disapproval by the director of a Class 2 modification or a Class 3	34380
modification that is not described in divisions (I)(3)(a) to (d)	34381
of this section is a final action that is appealable under that	34382
chapter. In approving or disapproving a request for a	34383
modification, the director shall consider all comments pertaining	34384
to the request that are received during the public comment period	34385
and the public meetings. The administrative record for appeal of a	34386
final action by the director in approving or disapproving a	34387
request for a modification shall include all comments received	34388
during the public comment period relating to the request for	34389
modification, written materials submitted at the public meetings	34390
relating to the request, and any other documents related to the	34391
director's action.	34392

(7) The hazardous waste facility board shall approve or	34393
disapprove an application for a Class 3 modification transmitted	34394
to it under division (I)(4) of this section, or that portion of a	34395
permit renewal application that constitutes a Class 3 modification	34396
application so transmitted, of a hazardous waste facility	34397
installation and operation permit in accordance with division (D)	34398
of this section. No other request for a modification shall be	34399
subject to division (D)(6) of this section. No aspect of a	34400
permitted facility or its operations that is not being modified as	34401
described in division (I)(3)(a), (b), (c), or (d) of this section	34402
shall be subject to review by the board under division (D) of this	34403
section.	34404

(8) Notwithstanding any other provision of law to the	34405
contrary, a change or alteration to a hazardous waste facility	34406
described in division (E)(3)(a) or (b) of section 3734.02 of the	34407
Revised Code, or its operations, is a modification for the	34408
purposes of this section. An application for a modification at	34409
such a facility shall be submitted, classified, and approved or	34410
disapproved in accordance with divisions (I)(1) to (7)(6) of this	34411
section in the same manner as a modification to a hazardous waste	34412
facility installation and operation permit.	34413

(J)(1) Except as provided in division (J)(2) of this section,	34414
an owner or operator of a hazardous waste facility that is	34415
operating in accordance with a permit by rule under rules adopted	34416
by the director under division (E)(3)(b) of section 3734.02 of the	34417
Revised Code shall submit either a hazardous waste facility	34418
installation and operation permit application for the facility or	34419
a modification application, whichever is required under division	34420
(J)(1)(a) or (b) of this section, within one hundred eighty days	34421
after the director has requested the application or upon a later	34422
date if the owner or operator demonstrates to the director good	34423
cause for the late submittal.	34424

(a) If the owner or operator does not have a hazardous waste	34425
facility installation and operation permit for any hazardous waste	34426
treatment, storage, or disposal activities at the facility, the	34427
owner or operator shall submit an application for such a permit to	34428
the director for the activities authorized by the permit by rule.	34429
Notwithstanding any other provision of law to the contrary, the	34430
director shall approve or disapprove the application for the	34431
permit in accordance with the procedures governing the approval or	34432
disapproval of permit renewals under division (H) of this section.	34433

(b) If the owner or operator has a hazardous waste facility	34434
installation and operation permit for hazardous waste treatment,	34435
storage, or disposal activities at the facility other than those	34436
authorized by the permit by rule, the owner or operator shall	34437
submit to the director a request for modification in accordance	34438
with division (I) of this section. Notwithstanding any other	34439
provision of law to the contrary, the director shall approve or	34440
disapprove the modification application in accordance with rules	34441
adopted under division (K)(I)(5) of this section.	34442

(2) The owner or operator of a boiler or industrial furnace	34443
that is conducting thermal treatment activities in accordance with	34444
a permit by rule under rules adopted by the director under	34445
division (E)(3)(b) of section 3734.02 of the Revised Code shall	34446
submit a hazardous waste facility installation and operation	34447
permit application if the owner or operator does not have such a	34448
permit for any hazardous waste treatment, storage, or disposal	34449
activities at the facility or, if the owner or operator has such a	34450
permit for hazardous waste treatment, storage, or disposal	34451
activities at the facility other than thermal treatment activities	34452
authorized by the permit by rule, a modification application to	34453
add those activities authorized by the permit by rule, whichever	34454
is applicable, within one hundred eighty days after the director	34455
has requested the submission of the application or upon a later	34456
date if the owner or operator demonstrates to the director good	34457
cause for the late submittal. The application shall be accompanied	34458
by information necessary to support the request. The hazardous	34459
waste facility boarddirector shall approve or disapprove thean	34460
application for a hazardous waste facility installation and	34461
operation permit in accordance with division (D) of this section	34462
and approve or disapprove an application for a modification in	34463
accordance with division (I)(3) of this section, except that the	34464
boarddirector shall not disapprove an application for the thermal	34465
treatment activities on the basis of the criteria set forth in	34466
division (D)(6)(2)(g) or (h) of this section.	34467

(3) As used in division (J) of this section:

34468

(a) "Modification application" means a request for a	34469
modification submitted in accordance with division (I) of this	34470
section.	34471

(b) "Thermal treatment,""boiler," and "industrial furnace"	34472
have the same meanings as in rules adopted under section 3734.12	34473
of the Revised Code.	34474

(K) The director shall adopt, and may amend, suspend, or	34475
rescind, rules in accordance with Chapter 119. of the Revised Code	34476
in order to implement divisions (H) and (I) of this section.	34477
Except when in actual conflict with this section, rules governing	34478
the classification of and procedures for the modification of	34479
hazardous waste facility installation and operation permits shall	34480
be substantively and procedurally identical to the regulations	34481
governing hazardous waste facility permitting and permit	34482
modifications adopted under the "Resource Conservation and	34483
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	34484
amended.	34485

Sec. 3734.12.  The director of environmental protection shall	34486
adopt and may amend, suspend, and rescind rules in accordance with	34487
Chapter 119. of the Revised Code, which shall be consistent with	34488
and equivalent to the regulations adopted under the "Resource	34489
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	34490
6921, as amended, except for rules adopted under divisions (D) and	34491
(F) of this section governing solid waste facilities and except as	34492
otherwise provided in this chapter, doing all of the following:	34493

(A) Adopting the criteria and procedures established under	34494
the "Resource Conservation and Recovery Act of 1976," 90 Stat.	34495
2806, 42 U.S.C.A. 6921, as amended, for identifying hazardous	34496
waste. The director shall prepare, revise when appropriate, and	34497
publish a list of substances or categories of substances	34498
identified to be hazardous using the criteria specified in 40	34499
C.F.R. 261, as amended, which shall be composed of at least those	34500
substances identified as hazardous pursuant to section 3001(B) of	34501
that act. The director shall not list any waste that the	34502
administrator of the United States environmental protection agency	34503
delisted or excluded by an amendment to the federal regulations,	34504
any waste that the administrator declined to list by publishing a	34505
denial of a rulemaking petition or by withdrawal of a proposed	34506
listing in the United States federal register after May 18, 1980,	34507
or any waste oil or polychlorinated biphenyl not listed by the	34508
administrator.	34509

(B) Establishing standards for generators of hazardous waste	34510
necessary to protect human health or safety or the environment in	34511
accordance with this chapter, including, but not limited to,	34512
requirements respecting all of the following:	34513

(1) Record-keeping practices that accurately identify the	34514
quantities of hazardous waste generated, the constituents that are	34515
significant in quantity or in potential harm to human health or	34516
safety or the environment, and the disposition of the waste;	34517

(2) Labeling of containers used for storage, transportation,	34518
or disposal of hazardous waste to identify the waste accurately;	34519

(3) Use of appropriate containers for hazardous waste;

34520

(4) Providing information on the general chemical composition	34521
of hazardous waste to persons transporting, treating, storing, or	34522
disposing of the waste;	34523

(5) A manifest system requiring a manifest consistent with	34524
that prescribed under the "Resource Conservation and Recovery Act	34525
of 1976," 90 Stat. 2795, 42 U.S.C.A. 6901, as amended, requiring a	34526
manifest for any hazardous waste transported off the premises	34527
where generated and assuring that all hazardous waste that is	34528
transported off the premises where generated is designated for	34529
treatment, storage, or disposal in facilities for which a permit	34530
has been issued or in the other facilities specified in division	34531
(F) of section 3734.02 of the Revised Code;	34532

(6) Submission of such reports to the director as the	34533
director determines necessary;	34534

(7) Establishment of quality control and testing procedures	34535
that ensure compliance with the rules adopted under this section;	34536

(8) Obtainment of a United States environmental protection	34537
agency identification number.	34538

(C) Establishing standards for transporters of hazardous	34539
waste necessary to protect human health or safety or the	34540
environment in accordance with this chapter, including, but not	34541
limited to, requirements respecting all of the following:	34542

(1) Record-keeping concerning hazardous waste transported,	34543
including source and delivery points;	34544

(2) Submission of such reports to the director as the	34545
director determines necessary;	34546

(3) Transportation of only properly labeled waste;

34547

(4) Compliance with the manifest system required by division	34548
(B) of this section;	34549

(5) Transportation of hazardous waste only to the treatment,	34550
storage, or disposal facility that the shipper designates on the	34551
manifest to be a facility holding a permit or another facility	34552
specified in division (F) of section 3734.02 of the Revised Code;	34553

(6) Contingency plans to minimize unanticipated damage from	34554
transportation of hazardous waste;	34555

(7) Financial responsibility, including, but not limited to,	34556
provisions requiring a financial mechanism to cover the costs of	34557
spill cleanup and liability for sudden accidental occurrences that	34558
result in damage to persons, property, or the environment;	34559

(8) Obtainment of a United States environmental protection	34560
agency identification number.	34561

In the case of any hazardous waste that is subject to the	34562
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49	34563
U.S.C.A. 1801, as amended, the rules shall be consistent with that	34564
act and regulations adopted under it.	34565

(D) Establishing performance standards for owners and	34566
operators of hazardous waste facilities and owners and operators	34567
of solid waste facilities, necessary to protect human health or	34568
safety or the environment in accordance with this chapter,	34569
including, but not limited to, requirements respecting all of the	34570
following:	34571

(1) Maintaining records of all hazardous waste that is	34572
treated, stored, or disposed of and of the manner in which the	34573
waste was treated, stored, or disposed of or records of all solid	34574
wastes transferred or disposed of and of the manner in which the	34575
wastes were disposed of;	34576

(2) Submission of such reports to the director as the	34577
director determines necessary;	34578

(3) Reporting, monitoring, inspection, and, except with	34579
respect to solid waste facilities, compliance with the manifest	34580
system referred to in division (B) of this section;	34581

(4) Treatment, storage, or disposal of all hazardous waste	34582
received by methods, techniques, and practices approved by the	34583
director and disposal or transfer of all solid wastes received by	34584
methods, techniques, and practices approved by the director;	34585

(5) Location, design, and construction of hazardous waste	34586
facilities and location, design, and construction of solid waste	34587
facilities;	34588

(6) Contingency plans for effective action to minimize	34589
unanticipated damage from treatment, storage, or disposal of	34590
hazardous waste and the disposal or transfer of solid wastes;	34591

(7) Ownership, continuity of operation, training for	34592
personnel, and financial responsibility, including the filing of	34593
closure and post-closure financial assurance, if applicable. No	34594
private entity shall be precluded by reason of these requirements	34595
from the ownership or operation of facilities providing hazardous	34596
waste treatment, storage, or disposal services if the entity can	34597
provide assurances of financial responsibility and continuity of	34598
operation consistent with the degree and duration of risks	34599
associated with the treatment, storage, or disposal of specified	34600
hazardous waste.	34601

(8) Closure and post-closure care of a hazardous waste	34602
facility where hazardous waste will no longer be treated, stored,	34603
or disposed of and of a solid waste facility where solid wastes	34604
will no longer be disposed of or transferred;	34605

(9) Establishment of quality control and testing procedures	34606
that ensure compliance with the rules adopted under this section;	34607

(10) Obtainment of a United States environmental protection	34608
agency identification number for each hazardous waste treatment,	34609
storage, or disposal facility;	34610

(11) Trial burns and land treatment demonstrations.

34611

The rules adopted under divisions (D) and (F) of this section	34612
pertaining to solid waste facilities do not apply to scrap tire	34613
collection, storage, monocell, monofill, and recovery facilities.	34614
Those facilities are subject to and governed by rules adopted	34615
under sections 3734.70 to 3734.73 of the Revised Code, as	34616
applicable.	34617

(E) Governing the issuance, modification, revocation,	34618
suspension, withdrawal, and denial of installation and operation	34619
permits, draft permits, and transportation certificates of	34620
registration;	34621

(F) Specifying information required to be included in	34622
applications for hazardous waste facility installation and	34623
operation permits and solid waste permits, including, but not	34624
limited to, detail plans, specifications, and information	34625
respecting all of the following:	34626

(1) The composition, quantities, and concentrations of	34627
hazardous waste and solid wastes to be stored, treated,	34628
transported, or disposed of and such other information as the	34629
director may require regarding the method of operation;	34630

(2) The facility to which the waste will be transported or	34631
where it will be stored, treated, or disposed of;	34632

(3) The closure and post-closure care of a facility where	34633
hazardous waste will no longer be treated, stored, or disposed of	34634
and of a solid waste facility where solid wastes will no longer be	34635
disposed of or transferred.	34636

(G) Establishing procedures ensuring that all information	34637
entitled to protection as trade secrets disclosed to the director	34638
or the director's authorized representative is not disclosed	34639
without the consent of the owner, except that such information may	34640
be disclosed, upon request, to authorized representatives of the	34641
United States environmental protection agency, or as required by	34642
law. As used in this section, "trade secrets" means any formula,	34643
plan, pattern, process, tool, mechanism, compound, procedure,	34644
production date, or compilation of information that is not	34645
patented, that is known only to certain individuals within a	34646
commercial concern who are using it to fabricate, produce, or	34647
compound an article, trade, or service having commercial value,	34648
and that gives its user an opportunity to obtain a business	34649
advantage over competitors who do not know or use it.	34650

(H) Prohibiting the disposal of specified hazardous wastes in	34651
this state if the director has determined both of the following:	34652

(1) The potential impacts on human health or safety or the	34653
environment are such that disposal of those wastes should not be	34654
allowed;.	34655

(2) A technically feasible and environmentally sound	34656
alternative is reasonably available, either within or outside this	34657
state, for processing, recycling, fixation of, neutralization of,	34658
or other treatment of those wastes. Such reasonable availability	34659
shall not be determined without a consideration of the costs to	34660
the generator of implementing the alternatives.	34661

The director shall adopt, and may amend, suspend, or rescind,	34662
rules to specify hazardous wastes that shall not be disposed of in	34663
accordance with this division. Nothing in this division, either	34664
prior to or after adoption of those rules, shall preclude the	34665
director or the hazardous waste facility board created in section	34666
3734.05 of the Revised Code from prohibiting the disposal of	34667
specified hazardous wastes at particular facilities under the	34668
terms or conditions of a permit or preclude the director from	34669
prohibiting that disposal by order.	34670

(I)(1)(a) Governing the following that may be more stringent	34671
than the regulations adopted under the "Resource Conservation and	34672
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	34673
amended, when the director determines that such more stringent	34674
rules are reasonable in order to protect human health or safety or	34675
the environment:	34676

(i) Specific wastes that the director determines, because of	34677
their physical, chemical, or biological characteristics, are so	34678
extremely hazardous that the storage, treatment, or disposal of	34679
the wastes in compliance with those regulations would present an	34680
imminent danger to human health or safety or the environment;	34681

(ii) The use of only properly designed, operated, and	34682
approved transfer facilities;	34683

(iii) Preventing illegitimate activities relating to the	34684
reuse, recycling, or reclaiming of hazardous waste, including	34685
record-keeping, reporting, and manifest requirements.	34686

(b) In adopting such more stringent rules, the director shall	34687
give consideration to and base the rules on evidence concerning	34688
factors including, but not limited to, the following insofar as	34689
pertinent:	34690

(i) Geography of the state;

34691

(ii) Geology of the state;

34692

(iii) Hydrogeology of the state;

34693

(iv) Climate of the state;

34694

(v) Engineering and technical feasibility;

34695

(vi) Availability of alternative technologies or methods of	34696
storage, treatment, or disposal.	34697

(2) The director may require from generators and transporters	34698
of hazardous waste and from owners or operators of treatment,	34699
storage, or disposal facilities, the submission of reports in	34700
addition to those required under regulations adopted under the	34701
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2806,	34702
42 U.S.C.A. 6921, as amended, to the extent that such reports	34703
contain information that the generator, transporter, or facility	34704
owner or operator is required to obtain in order to comply with	34705
the regulations adopted by the administrator of the United States	34706
environmental protection agency under the "Resource Conservation	34707
and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	34708
amended, or to the extent that such reports are required by the	34709
director to meet the requirements of division (B)(7), (D)(9), or	34710
(H) of this section or section 3734.121 of the Revised Code.	34711

(J) Governing the storage, treatment, or disposal of	34712
hazardous waste in, and the permitting, design, construction,	34713
operation, monitoring, inspection, closure, and post-closure care	34714
of, hazardous waste underground injection wells, surface	34715
impoundments, waste piles other than those composed of materials	34716
removed from the ground as part of coal or mineral extraction or	34717
cleaning processes, land treatment facilities, thermal treatment	34718
facilities, and landfills that may be more stringent than the	34719
regulations adopted under the "Resource Conservation and Recovery	34720
Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended,	34721
whenever the director reasonably determines that federal	34722
regulations will not adequately protect the public health or	34723
safety or the environment of this state with respect to the	34724
subject matter of the more stringent rules. Such more stringent	34725
rules shall be developed to achieve a degree of protection, as	34726
determined by the director, consistent with the degree of hazard	34727
potentially posed by the various wastes or categories of wastes to	34728
be treated, stored, or disposed of and the types of facilities at	34729
which they are to be treated, stored, or disposed of. In adopting	34730
such more stringent rules, the director shall give consideration	34731
to and base the rules on evidence concerning factors including,	34732
but not limited to, the following insofar as pertinent:	34733

(1) Geography of the state;

34734

(2) Geology of the state;

34735

(3) Hydrogeology of the state;

34736

(4) Climate of the state;

34737

(5) Engineering and technical feasibility;

34738

(6) Availability of alternative technologies or methods of	34739
storage, treatment, or disposal.	34740

(K) Establishing performance standards and other requirements	34741
necessary to protect public health and the environment from	34742
hazards associated with used oil, including, without limitation,	34743
standards and requirements respecting all of the following:	34744

(1) Material that is subject to regulation as used oil;

34745

(2) Generation of used oil;

34746

(3) Used oil collection centers and aggregation points;

34747

(4) Transportation of used oil;

34748

(5) Processing and re-refining of used oil;

34749

(6) Burning of used oil;

34750

(7) Marketing of used oil;

34751

(8) Disposal of used oil;

34752

(9) Use of used oil as a dust suppressant.

34753

Sec. 3734.123.  (A) As used in this section and section	34754
3734.124 of the Revised Code, "commercial hazardous waste	34755
incinerator" means an enclosed device that treats hazardous waste	34756
by means of controlled flame combustion and that accepts for	34757
treatment hazardous waste that is generated off the premises on	34758
which the device is located by any person other than the one who	34759
owns or operates the device or one who controls, is controlled by,	34760
or is under common control with the person who owns or operates	34761
the device. "Commercial hazardous waste incinerator" does not	34762
include any "boiler" or "industrial furnace" as those terms are	34763
defined in rules adopted under section 3734.12 of the Revised	34764
Code.	34765

(B) Not sooner than three years after April 15, 1993, and	34766
triennially thereafter, the director of environmental protection	34767
shall prepare, publish, and issue as a final action an assessment	34768
of commercial hazardous waste incinerator capacity in this state.	34769
However, after the issuance as a final action of a determination	34770
under division (A) of section 3734.124 of the Revised Code that	34771
terminates the restrictions established in division (C) of this	34772
section, the director shall cease preparing, publishing, and	34773
issuing the periodic assessments required under this division. The	34774
assessment shall determine the amount of commercial hazardous	34775
waste incinerator capacity needed to manage the hazardous waste	34776
expected to be generated in this state and imported into this	34777
state for incineration at commercial hazardous waste incinerators	34778
during the next succeeding twenty calendar years. The assessment	34779
shall include at least all of the following:	34780

(1) A determination of the aggregate treatment capacity	34781
authorized at commercial hazardous waste incinerators located in	34782
this state;	34783

(2) A determination of the quantity of hazardous waste	34784
generated in this state that is being treated at commercial	34785
hazardous waste incinerators located in this state and projections	34786
of the quantity of hazardous waste generated in this state that	34787
will be treated at those facilities;	34788

(3) A determination of the quantity of hazardous waste	34789
generated outside this state that is being treated at commercial	34790
hazardous waste incinerators located in this state and projections	34791
of the quantity of hazardous waste generated outside this state	34792
that will be treated at those facilities;	34793

(4) A determination of the quantity of hazardous waste	34794
generated in this state that is being treated at commercial	34795
hazardous waste incinerators located outside this state, and	34796
projections of the quantity of hazardous waste generated in this	34797
state that will be treated at those facilities;	34798

(5) The amount of commercial hazardous waste incinerator	34799
capacity that the director reasonably anticipates will be needed	34800
during the first three years of the planning period to treat	34801
hazardous waste generated from the remediation of sites in this	34802
state that are on the national priority list required under the	34803
"Comprehensive Environmental Response, Compensation, and Liability	34804
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended; as a	34805
result of corrective actions implemented under the "Resource	34806
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	34807
6921, as amended; and as a result of clean-up activities conducted	34808
at sites listed on the master sites list prepared by the	34809
environmental protection agency;	34810

(6) Based upon available data, provided that the data are	34811
reliable and are compatible with the data base of the	34812
environmental protection agency, an identification of any	34813
hazardous waste first listed as a hazardous waste in regulations	34814
adopted under the "Resource Conservation and Recovery Act of	34815
1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, on or after	34816
April 15, 1993, and of any hazardous waste that has been proposed	34817
for such listing by publication of a notice in the federal	34818
register on or before December 1 of the year immediately preceding	34819
the triennial assessment;	34820

(7) An analysis of other factors that may result in capacity	34821
changes over the period addressed by the assessment.	34822

(C) Except as otherwise provided in section 3734.124 of the	34823
Revised Code, none of the following shall occur on or after April	34824
15, 1993:	34825

(1) The director shall not do any of the following:

34826

(a) Pursuant to division (D)(3) or (I)(4) of section 3734.05	34827
of the Revised Code, as applicable, transmit to the hazardous	34828
waste facility board created in that section any application for a	34829
Issue any hazardous waste facility installation and operation	34830
permit under division (D) of section 3734.05 of the Revised Code	34831
for the establishment of a new commercial hazardous waste	34832
incinerator, or any request for a modification, as described in	34833
divisions (I)(3)(a) to (d) of section 3734.05 of the Revised Code,	34834
of an existing commercial hazardous waste incinerator to increase	34835
either the treatment capacity of the incinerator or the quantity	34836
of hazardous waste authorized to be treated by it, for which the	34837
staff of the environmental protection agency has made a	34838
preliminary determination as to whether the application or request	34839
appears to comply with the rules and standards set forth under	34840
divisions (D), (I), and (J) of section 3734.12 of the Revised	34841
Code;	34842

(b) Issueissue any modified hazardous waste facility	34843
installation and operation permit under division (I)(5) of that	34844
section 3734.05 of the Revised Code that would authorize an	34845
increase in either the treatment capacity of a commercial	34846
hazardous waste incinerator or the quantity of hazardous waste	34847
authorized to be treated by it;	34848

(c)(b) Issue any permit pursuant to rules adopted under	34849
division (F) of section 3704.03 of the Revised Code, division (J)	34850
of section 6111.03 of the Revised Code, or the solid waste	34851
provisions of this chapter and rules adopted under those	34852
provisions, that is necessary for the establishment, modification,	34853
or operation of any appurtenant facility or equipment that is	34854
necessary for the operation of a new commercial hazardous waste	34855
incinerator, or the modification of such an existing incinerator	34856
to increase either the treatment capacity of the incinerator or	34857
the quantity of hazardous waste that is authorized to be treated	34858
by it. Upon determining that an application for any permit	34859
pertains to the establishment, modification, or operation of any	34860
appurtenant facility or equipment, the director shall cease	34861
reviewing the application and return the application and	34862
accompanying materials to the applicant along with a written	34863
notice that division (C)(1)(c)(b) of this section precludes the	34864
director from reviewing and acting upon the application.	34865

(d)(c) Issue any exemption order under division (G) of	34866
section 3734.02 of the Revised Code exempting the establishment of	34867
a new commercial hazardous waste incinerator; the modification of	34868
an existing facility to increase either the treatment capacity of	34869
the incinerator or the quantity of hazardous waste that is	34870
authorized to be treated by it; or the establishment,	34871
modification, or operation of any facility or equipment	34872
appurtenant to a new or modified commercial hazardous waste	34873
incinerator, from divisions (C)(1)(a),or (b), or (c) or (C)(2) or	34874
(3) of this section.	34875

(2) The staff of the environmental protection agency shall	34876
not take any action under division (D)(3) of section 3734.05 of	34877
the Revised Code to review, or to make a preliminary determination	34878
of compliance with the rules and standards set forth in divisions	34879
(D), (I), and (J) of section 3734.12 of the Revised Code	34880
regarding, anyIf the director determines that an application for	34881
a hazardous waste facility installation and operation permit	34882
submitted under division (D)(3) of section 3734.05 of the Revised	34883
Code that pertains to the establishment of a new commercial	34884
hazardous waste incinerator, or anya request for a modification	34885
of an existing incinerator submitted under division (I)(4) of that	34886
section to modify an existing incineratorpertains to an increase	34887
of either the treatment capacity of the incinerator or the	34888
quantity of hazardous waste that is authorized to be treated by	34889
it. Upon determining that an application or request submitted	34890
under those divisions pertains to the establishment of a new	34891
commercial hazardous waste incinerator or the modification of an	34892
existing incinerator, the staff of the agencydirector shall cease	34893
reviewing the application or request and shall return it and the	34894
accompanying materials to the applicant along with a written	34895
notice that division (C)(2) of this section precludes the staff	34896
from reviewing or making any preliminary determination of	34897
compliance regardingreview of the application or request.	34898

(3) The hazardous waste facility board created in section	34899
3734.05 of the Revised Code shall not do either of the following:	34900

(a) Approve any application for a hazardous waste facility	34901
installation and operation permit, or issue any permit, under	34902
divisions (D) and (F) of section 3734.05 of the Revised Code that	34903
authorizes the establishment and operation of a new commercial	34904
hazardous waste incinerator;	34905

(b) Approve any request to modify an existing commercial	34906
hazardous waste incinerator under divisions (D) and (I)(7) of	34907
section 3734.05 of the Revised Code that authorizes an increase in	34908
either the treatment capacity of the incinerator or the quantity	34909
of hazardous waste authorized to be treated by it.	34910

Sec. 3734.124.  (A) Promptly after issuing a periodic	34911
assessment under division (B) of section 3734.123 of the Revised	34912
Code, the director of environmental protection shall make a	34913
determination as to whether it is necessary or appropriate to	34914
continue the restrictions established in division (C) of section	34915
3734.123 of the Revised Code during the period of time between the	34916
issuance of the assessment and the issuance of the next succeeding	34917
periodic assessment or as to whether it is necessary or	34918
appropriate to terminate the restrictions. The director shall	34919
consider all of the following when making a determination under	34920
this division:	34921

(1) The findings of the assessment;

34922

(2) The findings of an evaluation conducted by the director,	34923
in consultation with the chairperson of the state emergency	34924
response commission created in section 3750.02 of the Revised	34925
Code, regarding the capability of this state to respond to the	34926
types and frequencies of releases of hazardous waste that are	34927
likely to occur at commercial hazardous waste incinerators;	34928

(3) The effect that a new commercial hazardous waste	34929
incinerator may have on ambient air quality in this state;	34930

(4) The findings of a review of relevant information	34931
regarding the impacts of commercial hazardous waste incinerators	34932
on human health and the environment, such as health studies and	34933
risk assessments;	34934

(5) The findings of a review of the operational records of	34935
commercial hazardous waste incinerators operating in this state;	34936

(6) The findings of any review of relevant information	34937
concerning the following:	34938

(a) The cost of and access to commercial hazardous waste	34939
incinerator capacity;	34940

(b) The length of time and the regulatory review process	34941
necessary to fully permit a commercial hazardous waste	34942
incinerator;	34943

(c) Access to long-term capital investment to fund the	34944
building of a commercial hazardous waste incinerator in this	34945
state;	34946

(d) Efforts by generators of hazardous waste accepted by	34947
commercial hazardous waste incinerators to reduce the amount of	34948
hazardous waste that they generate.	34949

(7) Regulatory and legislative concerns that may include,	34950
without limitation, the provisions of paragraphs (a) and (b) of 40	34951
C.F.R. 271.4, as they existed on April 15, 1993.	34952

If, after considering all of the information and concerns	34953
that the director is required to consider under divisions (A)(1)	34954
to (7) of this section, the director determines that it is	34955
necessary or appropriate to terminate the restrictions established	34956
in division (C) of section 3734.123 of the Revised Code in order	34957
to protect human health or safety or the environment, the director	34958
shall issue as a final action a written determination to that	34959
effect. If the director determines that it is necessary or	34960
appropriate for those purposes to continue the restrictions until	34961
the issuance of the next succeeding periodic assessment under	34962
division (B) of section 3734.123 of the Revised Code, the director	34963
shall issue as a final action a written determination to that	34964
effect. After the issuance as a final action of a determination	34965
under this division that it is necessary or appropriate to	34966
terminate the restrictions established in division (C) of section	34967
3734.123 of the Revised Code, the director shall cease making the	34968
periodic determinations required under this division.	34969

(B) Beginning three years after April 15, 1993, but only on	34970
and after the date of issuance as final actions of an assessment	34971
under division (B) of section 3734.123 of the Revised Code and a	34972
determination under division (A) of this section that it is	34973
necessary or appropriate to terminate the restrictions established	34974
in division (C) of section 3734.123 of the Revised Code, any of	34975
the following may occur:	34976

(1) Thethe director may do any of the following:

34977

(a) Pursuant to division (D)(3) or (I)(4) of section 3734.05	34978
of the Revised Code, as applicable, transmit to the hazardous	34979
waste facility board created in that section an application for a	34980
hazardous waste facility installation and operation permit that	34981
pertains to the establishment of a new commercial hazardous waste	34982
incinerator, or a request for a modification, as described in	34983
divisions (I)(3)(a) to (d) of section 3734.05 of the Revised Code,	34984
of a commercial hazardous waste incinerator to increase either the	34985
treatment capacity of the incinerator or the quantity of hazardous	34986
waste authorized to be treated by it, for which the staff of the	34987
environmental protection agency has made a preliminary	34988
determination as to whether the application or request appears to	34989
comply with the rules and standards set forth under divisions (D),	34990
(I), and (K) of section 3734.05 of the Revised Code;	34991

(b) To the extent otherwise authorized in division (I)(5) of	34992
section 3734.05 of the Revised Code, issue a modified hazardous	34993
waste facility installation and operation permit under that	34994
division that authorizes an increase in either the treatment	34995
capacity of a commercial hazardous waste incinerator or the	34996
quantity of hazardous waste authorized to be treated by it;	34997

(c)(1) To the extent otherwise authorized thereunder, issue	34998
any permit pursuant to rules adopted under division (F) of section	34999
3704.03 of the Revised Code, division (J) of section 6111.03 of	35000
the Revised Code, or the solid waste provisions of this chapter	35001
and rules adopted under those provisions, that is necessary for	35002
the establishment, modification, or operation of any appurtenant	35003
facility or equipment that is necessary for the operation of a new	35004
commercial hazardous waste incinerator, or for the modification of	35005
an existing incinerator to increase either the treatment capacity	35006
of the incinerator or the quantity of hazardous waste authorized	35007
to be treated by it;	35008

(d)(2) To the extent otherwise authorized in division (G) of	35009
section 3734.02 of the Revised Code, issue an order exempting the	35010
establishment of a new commercial hazardous waste incinerator; the	35011
modification of an existing incinerator to increase either the	35012
treatment capacity of the incinerator or the quantity of hazardous	35013
waste that is authorized to be treated by it; or the	35014
establishment, modification, or operation of any facility or	35015
equipment appurtenant to a new or modified commercial hazardous	35016
waste incinerator, from division (C)(1)(a),or (b), or (c) or	35017
(C)(2) or (3) of section 3734.123 of the Revised Code.	35018

(2) The staff of the environmental protection agency may do	35019
both of the following:	35020

(a) Pursuant to division (D)(3) or (I)(4) of section 3734.05	35021
of the Revised Code, review an application for a hazardous waste	35022
facility installation and operation permit to establish a new	35023
commercial hazardous waste incinerator or a request to modify an	35024
existing incinerator to increase either the treatment capacity of	35025
the incinerator or the quantity of hazardous waste authorized to	35026
be treated by it;	35027

(b) Pursuant to division (D)(3) or (I)(4) of section 3734.05	35028
of the Revised Code, make a preliminary determination as to	35029
whether an application for a hazardous waste facility permit to	35030
install and operate a new commercial hazardous waste incinerator	35031
or a request to modify an existing incinerator to increase either	35032
the treatment capacity of the incinerator or the quantity of	35033
hazardous waste authorized to be treated by it appears to comply	35034
with the rules and performance standards set forth under divisions	35035
(D), (I), and (J) of section 3734.12 of the Revised Code.	35036

(3) The hazardous waste facility board may do both of the	35037
following:	35038

(a) Approve or disapprove an application for a hazardous	35039
waste facility installation and operation permit, and issue a	35040
permit, under divisionsdivision (D) and (F) of section 3734.05 of	35041
the Revised Code for a new commercial hazardous waste incinerator;	35042

(b) Under divisions (D) and (I)(7) of that section, approve	35043
(4) Approve or disapprove under division (I) of section 3734.05 of	35044
the Revised Code a request to modify the permit of an existing	35045
commercial hazardous waste incinerator to increase either the	35046
treatment capacity of the incinerator or the quantity of hazardous	35047
waste authorized to be treated by it.	35048

Sec. 3734.18.  (A) There are hereby levied fees on the	35049
disposal of hazardous waste to be collected according to the	35050
following schedule at each disposal facility to which the	35051
hazardous waste facility board has issued a hazardous waste	35052
facility installation and operation permit or the director of	35053
environmental protection has issued a renewal of a permit pursuant	35054
to section 3734.05 of the Revised Codehas been issued under this	35055
chapter:	35056

(1) For disposal facilities that are off-site facilities as	35057
defined in division (E) of section 3734.02 of the Revised Code,	35058
fees shall be levied at the rate of four dollars and fifty cents	35059
per ton for hazardous waste disposed of by deep well injection and	35060
nine dollars per ton for hazardous waste disposed of by land	35061
application or landfilling. The owner or operator of the facility,	35062
as a trustee for the state, shall collect the fees and forward	35063
them to the director in accordance with rules adopted under this	35064
section.	35065

(2) For disposal facilities that are on-site or satellite	35066
facilities, as defined in division (E) of section 3734.02 of the	35067
Revised Code, fees shall be levied at the rate of two dollars per	35068
ton for hazardous waste disposed of by deep well injection and	35069
four dollars per ton for hazardous waste disposed of by land	35070
application or landfilling. The maximum annual disposal fee for an	35071
on-site disposal facility that disposes of one hundred thousand	35072
tons or less of hazardous waste in a year is twenty-five thousand	35073
dollars. The maximum annual disposal fee for an on-site facility	35074
that disposes of more than one hundred thousand tons of hazardous	35075
waste in a year by land application or landfilling is fifty	35076
thousand dollars, and the maximum annual fee for an on-site	35077
facility that disposes of more than one hundred thousand tons of	35078
hazardous waste in a year by deep well injection is one hundred	35079
thousand dollars. The maximum annual disposal fee for a satellite	35080
facility that disposes of one hundred thousand tons or less of	35081
hazardous waste in a year is thirty-seven thousand five hundred	35082
dollars, and the maximum annual disposal fee for a satellite	35083
facility that disposes of more than one hundred thousand tons of	35084
hazardous waste in a year is seventy-five thousand dollars, except	35085
that a satellite facility defined under division (E)(3)(b) of	35086
section 3734.02 of the Revised Code that receives hazardous waste	35087
from a single generation site is subject to the same maximum	35088
annual disposal fees as an on-site disposal facility. The owner or	35089
operator shall pay the fee to the director each year upon the	35090
anniversary of the date of issuance of the owner's or operator's	35091
installation and operation permit during the term of that permit	35092
and any renewal permit issued under division (H) of section	35093
3734.05 of the Revised Code. If payment is late, the owner or	35094
operator shall pay an additional ten per cent of the amount of the	35095
fee for each month that it is late.	35096

(B) There are hereby levied fees at the rate of two dollars	35097
per ton on hazardous waste that is treated at treatment facilities	35098
that are not on-site or satellite facilities, as defined in	35099
division (E) of section 3734.02 of the Revised Code, to which the	35100
hazardous waste facility board has issued a hazardous waste	35101
facility installation and operation permit or the directorrenewal	35102
of a permit has been issued a renewal permitunder this chapter,	35103
or that are not subject to the hazardous waste facility	35104
installation and operation permit requirements under rules adopted	35105
by the director.	35106

(C) There are hereby levied additional fees on the treatment	35107
and disposal of hazardous waste at the rate of ten per cent of the	35108
applicable fees prescribed in division (A) or (B) of this section	35109
for the purposes of paying the costs of municipal corporations and	35110
counties for conducting reviews of applications for hazardous	35111
waste facility installation and operation permits for proposed new	35112
or modified hazardous waste landfills within their boundaries,	35113
emergency response actions with respect to releases of hazardous	35114
waste from hazardous waste facilities within their boundaries,	35115
monitoring the operation of such hazardous waste facilities, and	35116
local waste management planning programs. The owner or operator of	35117
a facility located within a municipal corporation, as a trustee	35118
for the municipal corporation, shall collect the fees levied by	35119
this division and forward them to the treasurer of the municipal	35120
corporation or such officer as, by virtue of the charter, has the	35121
duties of the treasurer in accordance with rules adopted under	35122
this section. The owner or operator of a facility located in an	35123
unincorporated area, as a trustee of the county in which the	35124
facility is located, shall collect the fees levied by this	35125
division and forward them to the county treasurer of that county	35126
in accordance with rules adopted under this section. The owner or	35127
operator shall pay the fees levied by this division to the	35128
treasurer or such other officer of the municipal corporation or to	35129
the county treasurer each year upon the anniversary of the date of	35130
issuance of the owner's or operator's installation and operation	35131
permit during the term of that permit and any renewal permit	35132
issued under division (H) of section 3734.05 of the Revised Code.	35133
If payment is late, the owner or operator shall pay an additional	35134
ten per cent of the amount of the fee for each month that the	35135
payment is late.	35136

Moneys received by a municipal corporation under this	35137
division shall be paid into a special fund of the municipal	35138
corporation and used exclusively for the purposes of conducting	35139
reviews of applications for hazardous waste facility installation	35140
and operation permits for new or modified hazardous waste	35141
landfills located or proposed within the municipal corporation,	35142
conducting emergency response actions with respect to releases of	35143
hazardous waste from facilities located within the municipal	35144
corporation, monitoring operation of such hazardous waste	35145
facilities, and conducting waste management planning programs	35146
within the municipal corporation through employees of the	35147
municipal corporation or pursuant to contracts entered into with	35148
persons or political subdivisions. Moneys received by a board of	35149
county commissioners under this division shall be paid into a	35150
special fund of the county and used exclusively for those purposes	35151
within the unincorporated area of the county through employees of	35152
the county or pursuant to contracts entered into with persons or	35153
political subdivisions.	35154

(D) As used in this section, "treatment" or "treated" does	35155
not include any method, technique, or process designed to recover	35156
energy or material resources from the waste or to render the waste	35157
amenable for recovery. The fees levied by division (B) of this	35158
section do not apply to hazardous waste that is treated and	35159
disposed of on the same premises or by the same person.	35160

(E) The director, by rules adopted in accordance with	35161
Chapters 119. and 3745. of the Revised Code, shall prescribe any	35162
dates not specified in this section and procedures for collecting	35163
and forwarding the fees prescribed by this section and may	35164
prescribe other requirements that are necessary to carry out this	35165
section.	35166

The director shall deposit the moneys collected under	35167
divisions (A) and (B) of this section into one or more minority	35168
banks, as "minority bank" is defined in division (F)(1) of section	35169
135.04 of the Revised Code, to the credit of the hazardous waste	35170
facility management fund, which is hereby created in the state	35171
treasury, except that the director shall deposit to the credit of	35172
the underground injection control fund created in section 6111.046	35173
of the Revised Code moneys in excess of fifty thousand dollars	35174
that are collected during a fiscal year under division (A)(2) of	35175
this section from the fee levied on the disposal of hazardous	35176
waste by deep well injection at an on-site disposal facility that	35177
disposes of more than one hundred thousand tons of hazardous waste	35178
in a year.	35179

The environmental protection agency and the hazardous waste	35180
facility board may use moneys in the hazardous waste facility	35181
management fund for administration of the hazardous waste program	35182
established under this chapter and, in accordance with this	35183
section, may request approval by the controlling board for that	35184
use on an annual basis. In addition, the agency may use and pledge	35185
moneys in that fund for repayment of and for interest on any loans	35186
made by the Ohio water development authority to the agency for the	35187
hazardous waste program established under this chapter without the	35188
necessity of requesting approval by the controlling board, which	35189
use and pledge shall have priority over any other use of the	35190
moneys in the fund.	35191

Until September 28, 1996, the director also may use moneys in	35192
the fund to pay the start-up costs of administering Chapter 3746.	35193
of the Revised Code.	35194

If moneys in the fund that the agency uses in accordance with	35195
this chapter are reimbursed by grants or other moneys from the	35196
United States government, the grants or other moneys shall be	35197
placed in the fund.	35198

Before the agency makes any expenditure from the fund other	35199
than for repayment of and interest on any loan made by the Ohio	35200
water development authority to the agency in accordance with this	35201
section, the controlling board shall approve the expenditure.	35202

Sec. 3734.28.  All moneys collected under sections 3734.122,	35203
3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the Revised	35204
Code and natural resource damages collected by the state under the	35205
"Comprehensive Environmental Response, Compensation, and Liability	35206
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended, shall	35207
be paid into the state treasury to the credit of the hazardous	35208
waste clean-up fund, which is hereby created. The environmental	35209
protection agency shall use the moneys in the fund for the	35210
purposes set forth in division (D) of section 3734.122, sections	35211
3734.19, 3734.20, 3734.21, 3734.23, 3734.25, 3734.26, and 3734.27,	35212
and, through June 30, 2003October 15, 2005, divisions (A)(1) and	35213
(2) of section 3745.12 and Chapter 3746. of the Revised Code,	35214
including any related enforcement expenses. In addition, the	35215
agency shall use the moneys in the fund to pay the state's	35216
long-term operation and maintenance costs or matching share for	35217
actions taken under the "Comprehensive Environmental Response,	35218
Compensation, and Liability Act of 1980," as amended. If those	35219
moneys are reimbursed by grants or other moneys from the United	35220
States or any other person, the moneys shall be placed in the fund	35221
and not in the general revenue fund.	35222

Sec. 3734.42.  (A)(1) Except as otherwise provided in	35223
division (E)(2) of this section, every applicant for a permit	35224
other than a permit modification or renewal shall file a	35225
disclosure statement, on a form developed by the attorney general,	35226
with the director of environmental protection and the attorney	35227
general at the same time the applicant files an application for a	35228
permit other than a permit modification or renewal with the	35229
director.	35230

(2) Any individual required to be listed in the disclosure	35231
statement shall be fingerprinted for identification and	35232
investigation purposes in accordance with procedures established	35233
by the attorney general. An individual required to be	35234
fingerprinted under this section shall not be required to be	35235
fingerprinted more than once under this section.	35236

(3) The attorney general, within one hundred eighty days	35237
after receipt of the disclosure statement from an applicant for a	35238
permit, shall prepare and transmit to the director an	35239
investigative report on the applicant, based in part upon the	35240
disclosure statement, except that this deadline may be extended	35241
for a reasonable period of time, for good cause, by the director	35242
or the attorney general. In preparing this report, the attorney	35243
general may request and receive criminal history information from	35244
the federal bureau of investigation and any other law enforcement	35245
agency or organization. The attorney general may provide such	35246
confidentiality regarding the information received from a law	35247
enforcement agency as may be imposed by that agency as a condition	35248
for providing that information to the attorney general.	35249

(4) The review of the application by the director or the	35250
hazardous waste facility board shall include a review of the	35251
disclosure statement and investigative report.	35252

(B) All applicants and permittees shall provide any	35253
assistance or information requested by the director or the	35254
attorney general and shall cooperate in any inquiry or	35255
investigation conducted by the attorney general and any inquiry,	35256
investigation, or hearing conducted by the director or the	35257
hazardous waste facility board. If, upon issuance of a formal	35258
request to answer any inquiry or produce information, evidence, or	35259
testimony, any applicant or permittee, any officer, director, or	35260
partner of any business concern, or any key employee of the	35261
applicant or permittee refuses to comply, the permit of the	35262
applicant or permittee may be denied or revoked by the director or	35263
the board.	35264

(C) The attorney general may charge and collect such fees	35265
from applicants and permittees as are necessary to cover the costs	35266
of administering and enforcing the investigative procedures	35267
authorized in sections 3734.41 to 3734.47 of the Revised Code. The	35268
attorney general shall transmit moneys collected under this	35269
division to the treasurer of state to be credited to the solid and	35270
hazardous waste background investigations fund, which is hereby	35271
created in the state treasury. Moneys in the fund shall be used	35272
solely for paying the attorney general's costs of administering	35273
and enforcing the investigative procedures authorized in sections	35274
3734.41 to 3734.47 of the Revised Code.	35275

(D) Annually on the anniversary date of the submission to the	35276
director by the attorney general of the investigative report for a	35277
specific facility, or annually on another date assigned by the	35278
attorney general, the appropriate applicant, permittee, or	35279
prospective owner shall submit to the attorney general, on a form	35280
provided by the attorney general, any and all information required	35281
to be included in a disclosure statement that has changed or been	35282
added in the immediately preceding year. If, in the immediately	35283
preceding year, there have been no changes in or additions to the	35284
information required to be included in a disclosure statement, the	35285
appropriate applicant, permittee, or prospective owner shall	35286
submit to the attorney general an affidavit stating that there	35287
have been no changes in or additions to that information during	35288
that time period.	35289

Notwithstanding the requirement for an annual submission of	35290
information, the following information shall be submitted within	35291
the periods specified:	35292

(1) Information required to be included in the disclosure	35293
statement for any new officer, director, partner, or key employee,	35294
to be submitted within ninety days from the addition of the	35295
officer, director, partner, or key employee;	35296

(2) Information required to be included in a disclosure	35297
statement for any new business concern, to be submitted within	35298
ninety days from the addition of the new business concern;	35299

(3) Information regarding any new criminal conviction, to be	35300
submitted within ninety days from the judgment entry of	35301
conviction.	35302

The failure to provide such information may constitute the	35303
basis for the revocation or denial of renewal of any permit or	35304
license issued in accordance with this chapter, provided that	35305
prior to any such denial or revocation, the director shall notify	35306
the applicant or permittee of the director's intention to do so	35307
and give the applicant or permittee fourteen days from the date of	35308
the notice to explain why the information was not provided. The	35309
director shall consider this information when determining whether	35310
to revoke or deny the permit or license.	35311

Nothing in this division affects the rights of the director	35312
or the attorney general granted under sections 3734.40 to 3734.47	35313
of the Revised Code to request information from a person at any	35314
other time.	35315

(E)(1) Except as otherwise provided in division (E)(2) of	35316
this section, every permittee who is not otherwise required to	35317
file a disclosure statement shall file a disclosure statement	35318
within five years after June 24, 1988, pursuant to a schedule for	35319
submissions of disclosure statements developed by the attorney	35320
general. The schedule shall provide all permittees and holders of	35321
a license with at least one hundred eighty days' notice prior to	35322
the date upon which the statement is to be submitted. All other	35323
terms of the schedule shall be established at the discretion of	35324
the attorney general and shall not be subject to judicial review.	35325

(2) An applicant for a permit for an off-site solid waste	35326
facility that is a scrap tire storage, monocell, monofill, or	35327
recovery facility issued under section 3734.76, 3734.77, or	35328
3734.78 of the Revised Code, as applicable, shall file a	35329
disclosure statement within five years after October 29, 1993,	35330
pursuant to a schedule for submissions of disclosure statements	35331
developed by the attorney general. The schedule shall provide all	35332
such applicants with at least one hundred eighty days' notice	35333
prior to the date upon which the statement shall be submitted. All	35334
other terms of the schedule shall be established at the discretion	35335
of the attorney general and shall not be subject to judicial	35336
review.	35337

Beginning five years after October 29, 1993, an applicant for	35338
such a permit shall file a disclosure statement in accordance with	35339
division (A)(1) of this section.	35340

(3) When a permittee submits a disclosure statement at the	35341
time it submits an application for a renewal or modification of	35342
its permit, the attorney general shall remove the permittee from	35343
the submission schedule established pursuant to division (E)(1) or	35344
(2) of this section.	35345

(4) After receiving a disclosure statement under division	35346
(E)(1) or (2) of this section, the attorney general shall prepare	35347
an investigative report and transmit it to the director. The	35348
director shall review the disclosure statement and investigative	35349
report to determine whether the statement or report contains	35350
information that if submitted with a permit application would	35351
require a denial of the permit pursuant to section 3734.44 of the	35352
Revised Code. If the director determines that the statement or	35353
report contains such information, the director may revoke any	35354
previously issued permit pursuant to section 3734.45 of the	35355
Revised Code, or the director shall deny any application for a	35356
renewal of a permit or license. When the renewal of the license is	35357
being performed by a board of health, the director shall instruct	35358
the board of health about those circumstances under which the	35359
renewal is required to be denied by this section.	35360

(F)(1) Whenever there is a change in ownership of any	35361
off-site solid waste facility, including incinerators, any	35362
transfer facility, any off-site infectious waste treatment	35363
facility, or any off-site hazardous waste treatment, storage, or	35364
disposal facility, the prospective owner shall file a disclosure	35365
statement with the attorney general and the director at least one	35366
hundred eighty days prior to the proposed change in ownership.	35367
Upon receipt of the disclosure statement, the attorney general	35368
shall prepare an investigative report and transmit it to the	35369
director. The director shall review the disclosure statement and	35370
investigative report to determine whether the statement or report	35371
contains information that if submitted with a permit application	35372
would require a denial of the permit pursuant to section 3734.44	35373
of the Revised Code. If the director determines that the statement	35374
or report contains such information, the director shall disapprove	35375
the change in ownership.	35376

(2) If the parties to a change in ownership decide to proceed	35377
with the change prior to the action of the director on the	35378
disclosure statement and investigative report, the parties shall	35379
include in all contracts or other documents reflecting the change	35380
in ownership language expressly making the change in ownership	35381
subject to the approval of the director and expressly negating the	35382
change if it is disapproved by the director pursuant to division	35383
(F)(1) of this section.	35384

(3) As used in this section, "change in ownership" includes	35385
any change in the names, other than those of officers, directors,	35386
partners, or key employees, contained in the disclosure statement.	35387

Sec. 3734.44.  Notwithstanding the provisions of any law to	35388
the contrary, no permit or license shall be issued or renewed by	35389
the director of environmental protection, the hazardous waste	35390
facility board, or a board of health:	35391

(A) Unless the director, the hazardous waste facility board,	35392
or the board of health finds that the applicant, in any prior	35393
performance record in the transportation, transfer, treatment,	35394
storage, or disposal of solid wastes, infectious wastes, or	35395
hazardous waste, has exhibited sufficient reliability, expertise,	35396
and competency to operate the solid waste, infectious waste, or	35397
hazardous waste facility, given the potential for harm to human	35398
health and the environment that could result from the	35399
irresponsible operation of the facility, or, if no prior record	35400
exists, that the applicant is likely to exhibit that reliability,	35401
expertise, and competence;	35402

(B) If any individual or business concern required to be	35403
listed in the disclosure statement or shown to have a beneficial	35404
interest in the business of the applicant or the permittee, other	35405
than an equity interest or debt liability, by the investigation	35406
thereof, has been convicted of any of the following crimes under	35407
the laws of this state or equivalent laws of any other	35408
jurisdiction:	35409

(1) Murder;

35410

(2) Kidnapping;

35411

(3) Gambling;

35412

(4) Robbery;

35413

(5) Bribery;

35414

(6) Extortion;

35415

(7) Criminal usury;

35416

(8) Arson;

35417

(9) Burglary;

35418

(10) Theft and related crimes;

35419

(11) Forgery and fraudulent practices;

35420

(12) Fraud in the offering, sale, or purchase of securities;

35421

(13) Alteration of motor vehicle identification numbers;

35422

(14) Unlawful manufacture, purchase, use, or transfer of	35423
firearms;	35424

(15) Unlawful possession or use of destructive devices or	35425
explosives;	35426

(16) Violation of section 2925.03, 2925.04, 2925.05, 2925.06,	35427
2925.11, 2925.32, or 2925.37 or Chapter 3719. of the Revised Code,	35428
unless the violation is for possession of less than one hundred	35429
grams of marihuana, less than five grams of marihuana resin or	35430
extraction or preparation of marihuana resin, or less than one	35431
gram of marihuana resin in a liquid concentrate, liquid extract,	35432
or liquid distillate form;	35433

(17) Engaging in a pattern of corrupt activity under section	35434
2923.32 of the Revised Code;	35435

(18) Violation of criminal provisions of Chapter 1331. of the	35436
Revised Code;	35437

(19) Any violation of the criminal provisions of any federal	35438
or state environmental protection laws, rules, or regulations that	35439
is committed knowingly or recklessly, as defined in section	35440
2901.22 of the Revised Code;	35441

(20) Violation of Chapter 2909. of the Revised Code;

35442

(21) Any offense specified in Chapter 2921. of the Revised	35443
Code.	35444

(C) Notwithstanding division (B) of this section, no	35445
applicant shall be denied the issuance or renewal of a permit or	35446
license on the basis of a conviction of any individual or business	35447
concern required to be listed in the disclosure statement or shown	35448
to have a beneficial interest in the business of the applicant or	35449
the permittee, other than an equity interest or debt liability, by	35450
the investigation thereof for any of the offenses enumerated in	35451
that division as disqualification criteria if that applicant has	35452
affirmatively demonstrated rehabilitation of the individual or	35453
business concern by a preponderance of the evidence. If any such	35454
individual was convicted of any of the offenses so enumerated that	35455
are felonies, a permit shall be denied unless five years have	35456
elapsed since the individual was fully discharged from	35457
imprisonment and parole for the offense, from a post-release	35458
control sanction imposed under section 2967.28 of the Revised Code	35459
for the offense, or imprisonment, probation, and parole for an	35460
offense that was committed prior to the effective date of this	35461
amendment. In determining whether an applicant has affirmatively	35462
demonstrated rehabilitation, the director, the hazardous waste	35463
facility board, or the board of health shall request a	35464
recommendation on the matter from the attorney general and shall	35465
consider and base the determination on the following factors:	35466

(1) The nature and responsibilities of the position a	35467
convicted individual would hold;	35468

(2) The nature and seriousness of the offense;

35469

(3) The circumstances under which the offense occurred;

35470

(4) The date of the offense;

35471

(5) The age of the individual when the offense was committed;

35472

(6) Whether the offense was an isolated or repeated incident;

35473

(7) Any social conditions that may have contributed to the	35474
offense;	35475

(8) Any evidence of rehabilitation, including good conduct in	35476
prison or in the community, counseling or psychiatric treatment	35477
received, acquisition of additional academic or vocational	35478
schooling, successful participation in correctional work release	35479
programs, or the recommendation of persons who have or have had	35480
the applicant under their supervision;	35481

(9) In the instance of an applicant that is a business	35482
concern, rehabilitation shall be established if the applicant has	35483
implemented formal management controls to minimize and prevent the	35484
occurrence of violations and activities that will or may result in	35485
permit or license denial or revocation or if the applicant has	35486
formalized those controls as a result of a revocation or denial of	35487
a permit or license. Those controls may include, but are not	35488
limited to, instituting environmental auditing programs to help	35489
ensure the adequacy of internal systems to achieve, maintain, and	35490
monitor compliance with applicable environmental laws and	35491
standards or instituting an antitrust compliance auditing program	35492
to help ensure full compliance with applicable antitrust laws. The	35493
business concern shall prove by a preponderance of the evidence	35494
that the management controls are effective in preventing the	35495
violations that are the subject of concern.	35496

(D) Unless the director, the hazardous waste facility board,	35497
or the board of health finds that the applicant has a history of	35498
compliance with environmental laws in this state and other	35499
jurisdictions and is presently in substantial compliance with, or	35500
on a legally enforceable schedule that will result in compliance	35501
with, environmental laws in this state and other jurisdictions.;	35502

(E) With respect to the approval of a permit, if the director	35503
or the hazardous waste facility board determines that current	35504
prosecutions or pending charges in any jurisdiction for any of the	35505
offenses enumerated in division (B) of this section against any	35506
individual or business concern required to be listed in the	35507
disclosure statement or shown by the investigation to have a	35508
beneficial interest in the business of the applicant other than an	35509
equity interest or debt liability are of such magnitude that they	35510
prevent making the finding required under division (A) of this	35511
section, provided that at the request of the applicant or the	35512
individual or business concern charged, the director or the	35513
hazardous waste facility board shall defer decision upon the	35514
application during the pendency of the charge.	35515

Sec. 3734.46.  Notwithstanding the disqualification of the	35516
applicant or permittee pursuant to this chapter, the director of	35517
environmental protection, hazardous waste facility board, or the	35518
board of health may issue or renew a permit or license if the	35519
applicant or permittee severs the interest of or affiliation with	35520
the individual or business concern that would otherwise cause that	35521
disqualification or may issue or renew a license on a temporary	35522
basis for a period not to exceed six months if the director or the	35523
board of health determines that the issuance or renewal of the	35524
permit or license is necessitated by the public interest.	35525

Sec. 3734.57.  (A) For the purposes of paying the state's	35526
long-term operation costs or matching share for actions taken	35527
under the "Comprehensive Environmental Response, Compensation, and	35528
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as	35529
amended; paying the costs of measures for proper clean-up of sites	35530
where polychlorinated biphenyls and substances, equipment, and	35531
devices containing or contaminated with polychlorinated biphenyls	35532
have been stored or disposed of; paying the costs of conducting	35533
surveys or investigations of solid waste facilities or other	35534
locations where it is believed that significant quantities of	35535
hazardous waste were disposed of and for conducting enforcement	35536
actions arising from the findings of such surveys or	35537
investigations; paying the costs of acquiring and cleaning up, or	35538
providing financial assistance for cleaning up, any hazardous	35539
waste facility or solid waste facility containing significant	35540
quantities of hazardous waste, that constitutes an imminent and	35541
substantial threat to public health or safety or the environment;	35542
and, from July 1, 20012003, through June 30, 20042006, for the	35543
purposes of paying the costs of administering and enforcing the	35544
laws pertaining to solid wastes, infectious wastes, and	35545
construction and demolition debris, including, without limitation,	35546
ground water evaluations related to solid wastes, infectious	35547
wastes, and construction and demolition debris, under this chapter	35548
and Chapter 3714. of the Revised Code and any rules adopted under	35549
them, and paying a share of the administrative costs of the	35550
environmental protection agency pursuant to section 3745.014 of	35551
the Revised Code, the following fees are hereby levied on the	35552
disposal of solid wastes in this state:	35553

(1) One dollar per ton on and after July 1, 1993;

35554

(2) An additional seventy-five centsone dollar per ton on	35555
and after July 1, 20012003, through June 30, 20042006.	35556

The owner or operator of a solid waste disposal facility	35557
shall collect the fees levied under this division as a trustee for	35558
the state and shall prepare and file with the director of	35559
environmental protection monthly returns indicating the total	35560
tonnage of solid wastes received for disposal at the gate of the	35561
facility and the total amount of the fees collected under this	35562
division. Not later than thirty days after the last day of the	35563
month to which such a return applies, the owner or operator shall	35564
mail to the director the return for that month together with the	35565
fees collected during that month as indicated on the return. The	35566
owner or operator may request an extension of not more than thirty	35567
days for filing the return and remitting the fees, provided that	35568
the owner or operator has submitted such a request in writing to	35569
the director together with a detailed description of why the	35570
extension is requested, the director has received the request not	35571
later than the day on which the return is required to be filed,	35572
and the director has approved the request. If the fees are not	35573
remitted within sixty days after the last day of the month during	35574
which they were collected, the owner or operator shall pay an	35575
additional fifty per cent of the amount of the fees for each month	35576
that they are late.	35577

One-half of the moneys remitted to the director under	35578
division (A)(1) of this section shall be credited to the hazardous	35579
waste facility management fund created in section 3734.18 of the	35580
Revised Code, and one-half shall be credited to the hazardous	35581
waste clean-up fund created in section 3734.28 of the Revised	35582
Code. The moneys remitted to the director under division (A)(2) of	35583
this section shall be credited to the solid waste fund, which is	35584
hereby created in the state treasury. The environmental protection	35585
agency shall use moneys in the solid waste fund only to pay the	35586
costs of administering and enforcing the laws pertaining to solid	35587
wastes, infectious wastes, and construction and demolition debris,	35588
including, without limitation, ground water evaluations related to	35589
solid wastes, infectious wastes, and construction and demolition	35590
debris, under this chapter and Chapter 3714. of the Revised Code	35591
and rules adopted under them and to pay a share of the	35592
administrative costs of the environmental protection agency	35593
pursuant to section 3745.014 of the Revised Code.	35594

The fees levied under this division and divisions (B) and (C)	35595
of this section are in addition to all other applicable fees and	35596
taxes and shall be added to any other fee or amount specified in a	35597
contract that is charged by the owner or operator of a solid waste	35598
disposal facility or to any other fee or amount that is specified	35599
in a contract entered into on or after March 4, 1992, and that is	35600
charged by a transporter of solid wastes.	35601

(B) For the purpose of preparing, revising, and implementing	35602
the solid waste management plan of the county or joint solid waste	35603
management district, including, without limitation, the	35604
development and implementation of solid waste recycling or	35605
reduction programs; providing financial assistance to boards of	35606
health within the district, if solid waste facilities are located	35607
within the district, for the enforcement of this chapter and rules	35608
adopted and orders and terms and conditions of permits, licenses,	35609
and variances issued under it, other than the hazardous waste	35610
provisions of this chapter and rules adopted and orders and terms	35611
and conditions of permits issued under those provisions; providing	35612
financial assistance to the county to defray the added costs of	35613
maintaining roads and other public facilities and of providing	35614
emergency and other public services resulting from the location	35615
and operation of a solid waste facility within the county under	35616
the district's approved solid waste management plan; paying the	35617
costs incurred by boards of health for collecting and analyzing	35618
water samples from public or private wells on lands adjacent to	35619
solid waste facilities that are contained in the approved or	35620
amended plan of the district; paying the costs of developing and	35621
implementing a program for the inspection of solid wastes	35622
generated outside the boundaries of this state that are disposed	35623
of at solid waste facilities included in the district's approved	35624
solid waste management plan or amended plan; providing financial	35625
assistance to boards of health within the district for enforcing	35626
laws prohibiting open dumping; providing financial assistance to	35627
local law enforcement agencies within the district for enforcing	35628
laws and ordinances prohibiting littering; providing financial	35629
assistance to boards of health of health districts within the	35630
district that are on the approved list under section 3734.08 of	35631
the Revised Code for the training and certification required for	35632
their employees responsible for solid waste enforcement by rules	35633
adopted under division (L) of section 3734.02 of the Revised Code;	35634
providing financial assistance to individual municipal	35635
corporations and townships within the district to defray their	35636
added costs of maintaining roads and other public facilities and	35637
of providing emergency and other public services resulting from	35638
the location and operation within their boundaries of a	35639
composting, energy or resource recovery, incineration, or	35640
recycling facility that either is owned by the district or is	35641
furnishing solid waste management facility or recycling services	35642
to the district pursuant to a contract or agreement with the board	35643
of county commissioners or directors of the district; and payment	35644
of any expenses that are agreed to, awarded, or ordered to be paid	35645
under section 3734.35 of the Revised Code and of any	35646
administrative costs incurred pursuant to that section, the solid	35647
waste management policy committee of a county or joint solid waste	35648
management district may levy fees upon the following activities:	35649

(1) The disposal at a solid waste disposal facility located	35650
in the district of solid wastes generated within the district;	35651

(2) The disposal at a solid waste disposal facility within	35652
the district of solid wastes generated outside the boundaries of	35653
the district, but inside this state;	35654

(3) The disposal at a solid waste disposal facility within	35655
the district of solid wastes generated outside the boundaries of	35656
this state.	35657

If any such fees are levied prior to January 1, 1994, fees	35658
levied under division (B)(1) of this section always shall be equal	35659
to one-half of the fees levied under division (B)(2) of this	35660
section, and fees levied under division (B)(3) of this section,	35661
which shall be in addition to fees levied under division (B)(2) of	35662
this section, always shall be equal to fees levied under division	35663
(B)(1) of this section, except as otherwise provided in this	35664
division. The solid waste management plan of the county or joint	35665
district approved under section 3734.521 or 3734.55 of the Revised	35666
Code and any amendments to it, or the resolution adopted under	35667
this division, as appropriate, shall establish the rates of the	35668
fees levied under divisions (B)(1), (2), and (3) of this section,	35669
if any, and shall specify whether the fees are levied on the basis	35670
of tons or cubic yards as the unit of measurement. Although the	35671
fees under divisions (A)(1) and (2) of this section are levied on	35672
the basis of tons as the unit of measurement, the solid waste	35673
management plan of the district and any amendments to it or the	35674
solid waste management policy committee in its resolution levying	35675
fees under this division may direct that the fees levied under	35676
those divisions be levied on the basis of cubic yards as the unit	35677
of measurement based upon a conversion factor of three cubic yards	35678
per ton generally or one cubic yard per ton for baled wastes if	35679
the fees under divisions (B)(1) to (3) of this section are being	35680
levied on the basis of cubic yards as the unit of measurement	35681
under the plan, amended plan, or resolution.	35682

On and after January 1, 1994, the fee levied under division	35683
(B)(1) of this section shall be not less than one dollar per ton	35684
nor more than two dollars per ton, the fee levied under division	35685
(B)(2) of this section shall be not less than two dollars per ton	35686
nor more than four dollars per ton, and the fee levied under	35687
division (B)(3) of this section shall be not more than the fee	35688
levied under division (B)(1) of this section, except as otherwise	35689
provided in this division and notwithstanding any schedule of	35690
those fees established in the solid waste management plan of a	35691
county or joint district approved under section 3734.55 of the	35692
Revised Code or a resolution adopted and ratified under this	35693
division that is in effect on that date. If the fee that a	35694
district is levying under division (B)(1) of this section on that	35695
date under its approved plan or such a resolution is less than one	35696
dollar per ton, the fee shall be one dollar per ton on and after	35697
January 1, 1994, and if the fee that a district is so levying	35698
under that division exceeds two dollars per ton, the fee shall be	35699
two dollars per ton on and after that date. If the fee that a	35700
district is so levying under division (B)(2) of this section is	35701
less than two dollars per ton, the fee shall be two dollars per	35702
ton on and after that date, and if the fee that the district is so	35703
levying under that division exceeds four dollars per ton, the fee	35704
shall be four dollars per ton on and after that date. On that	35705
date, the fee levied by a district under division (B)(3) of this	35706
section shall be equal to the fee levied under division (B)(1) of	35707
this section. Except as otherwise provided in this division, the	35708
fees established by the operation of this amendment shall remain	35709
in effect until the district's resolution levying fees under this	35710
division is amended or repealed in accordance with this division	35711
to amend or abolish the schedule of fees, the schedule of fees is	35712
amended or abolished in an amended plan of the district approved	35713
under section 3734.521 or division (A) or (D) of section 3734.56	35714
of the Revised Code, or the schedule of fees is amended or	35715
abolished through an amendment to the district's plan under	35716
division (E) of section 3734.56 of the Revised Code; the	35717
notification of the amendment or abolishment of the fees has been	35718
given in accordance with this division; and collection of the	35719
amended fees so established commences, or collection of the fees	35720
ceases, in accordance with this division.	35721

The solid waste management policy committee of a district	35722
levying fees under divisions (B)(1) to (3) of this section on	35723
October 29, 1993, under its solid waste management plan approved	35724
under section 3734.55 of the Revised Code or a resolution adopted	35725
and ratified under this division that are within the ranges of	35726
rates prescribed by this amendment, by adoption of a resolution	35727
not later than December 1, 1993, and without the necessity for	35728
ratification of the resolution under this division, may amend	35729
those fees within the prescribed ranges, provided that the	35730
estimated revenues from the amended fees will not substantially	35731
exceed the estimated revenues set forth in the district's budget	35732
for calendar year 1994. Not later than seven days after the	35733
adoption of such a resolution, the committee shall notify by	35734
certified mail the owner or operator of each solid waste disposal	35735
facility that is required to collect the fees of the adoption of	35736
the resolution and of the amount of the amended fees. Collection	35737
of the amended fees shall take effect on the first day of the	35738
first month following the month in which the notification is sent	35739
to the owner or operator. The fees established in such a	35740
resolution shall remain in effect until the district's resolution	35741
levying fees that was adopted and ratified under this division is	35742
amended or repealed, and the amendment or repeal of the resolution	35743
is ratified, in accordance with this division, to amend or abolish	35744
the fees, the schedule of fees is amended or abolished in an	35745
amended plan of the district approved under section 3734.521 or	35746
division (A) or (D) of section 3734.56 of the Revised Code, or the	35747
schedule of fees is amended or abolished through an amendment to	35748
the district's plan under division (E) of section 3734.56 of the	35749
Revised Code; the notification of the amendment or abolishment of	35750
the fees has been given in accordance with this division; and	35751
collection of the amended fees so established commences, or	35752
collection of the fees ceases, in accordance with this division.	35753

Prior to the approval of the solid waste management plan of	35754
the district under section 3734.55 of the Revised Code, the solid	35755
waste management policy committee of a district may levy fees	35756
under this division by adopting a resolution establishing the	35757
proposed amount of the fees. Upon adopting the resolution, the	35758
committee shall deliver a copy of the resolution to the board of	35759
county commissioners of each county forming the district and to	35760
the legislative authority of each municipal corporation and	35761
township under the jurisdiction of the district and shall prepare	35762
and publish the resolution and a notice of the time and location	35763
where a public hearing on the fees will be held. Upon adopting the	35764
resolution, the committee shall deliver written notice of the	35765
adoption of the resolution; of the amount of the proposed fees;	35766
and of the date, time, and location of the public hearing to the	35767
director and to the fifty industrial, commercial, or institutional	35768
generators of solid wastes within the district that generate the	35769
largest quantities of solid wastes, as determined by the	35770
committee, and to their local trade associations. The committee	35771
shall make good faith efforts to identify those generators within	35772
the district and their local trade associations, but the	35773
nonprovision of notice under this division to a particular	35774
generator or local trade association does not invalidate the	35775
proceedings under this division. The publication shall occur at	35776
least thirty days before the hearing. After the hearing, the	35777
committee may make such revisions to the proposed fees as it	35778
considers appropriate and thereafter, by resolution, shall adopt	35779
the revised fee schedule. Upon adopting the revised fee schedule,	35780
the committee shall deliver a copy of the resolution doing so to	35781
the board of county commissioners of each county forming the	35782
district and to the legislative authority of each municipal	35783
corporation and township under the jurisdiction of the district.	35784
Within sixty days after the delivery of a copy of the resolution	35785
adopting the proposed revised fees by the policy committee, each	35786
such board and legislative authority, by ordinance or resolution,	35787
shall approve or disapprove the revised fees and deliver a copy of	35788
the ordinance or resolution to the committee. If any such board or	35789
legislative authority fails to adopt and deliver to the policy	35790
committee an ordinance or resolution approving or disapproving the	35791
revised fees within sixty days after the policy committee	35792
delivered its resolution adopting the proposed revised fees, it	35793
shall be conclusively presumed that the board or legislative	35794
authority has approved the proposed revised fees.	35795

In the case of a county district or a joint district formed	35796
by two or three counties, the committee shall declare the proposed	35797
revised fees to be ratified as the fee schedule of the district	35798
upon determining that the board of county commissioners of each	35799
county forming the district has approved the proposed revised fees	35800
and that the legislative authorities of a combination of municipal	35801
corporations and townships with a combined population within the	35802
district comprising at least sixty per cent of the total	35803
population of the district have approved the proposed revised	35804
fees, provided that in the case of a county district, that	35805
combination shall include the municipal corporation having the	35806
largest population within the boundaries of the district, and	35807
provided further that in the case of a joint district formed by	35808
two or three counties, that combination shall include for each	35809
county forming the joint district the municipal corporation having	35810
the largest population within the boundaries of both the county in	35811
which the municipal corporation is located and the joint district.	35812
In the case of a joint district formed by four or more counties,	35813
the committee shall declare the proposed revised fees to be	35814
ratified as the fee schedule of the joint district upon	35815
determining that the boards of county commissioners of a majority	35816
of the counties forming the district have approved the proposed	35817
revised fees; that, in each of a majority of the counties forming	35818
the joint district, the proposed revised fees have been approved	35819
by the municipal corporation having the largest population within	35820
the county and the joint district; and that the legislative	35821
authorities of a combination of municipal corporations and	35822
townships with a combined population within the joint district	35823
comprising at least sixty per cent of the total population of the	35824
joint district have approved the proposed revised fees.	35825

For the purposes of this division, only the population of the	35826
unincorporated area of a township shall be considered. For the	35827
purpose of determining the largest municipal corporation within	35828
each county under this division, a municipal corporation that is	35829
located in more than one solid waste management district, but that	35830
is under the jurisdiction of one county or joint solid waste	35831
management district in accordance with division (A) of section	35832
3734.52 of the Revised Code shall be considered to be within the	35833
boundaries of the county in which a majority of the population of	35834
the municipal corporation resides.	35835

The committee may amend the schedule of fees levied pursuant	35836
to a resolution or amended resolution adopted and ratified under	35837
this division by adopting a resolution establishing the proposed	35838
amount of the amended fees. The committee may abolish the fees	35839
levied pursuant to such a resolution or amended resolution by	35840
adopting a resolution proposing to repeal them. Upon adopting such	35841
a resolution, the committee shall proceed to obtain ratification	35842
of the resolution in accordance with this division.	35843

Not later than fourteen days after declaring the fees or	35844
amended fees to be ratified under this division, the committee	35845
shall notify by certified mail the owner or operator of each solid	35846
waste disposal facility that is required to collect the fees of	35847
the ratification and the amount of the fees. Collection of any	35848
fees or amended fees ratified on or after March 24, 1992, shall	35849
commence on the first day of the second month following the month	35850
in which notification is sent to the owner or operator.	35851

Not later than fourteen days after declaring the repeal of	35852
the district's schedule of fees to be ratified under this	35853
division, the committee shall notify by certified mail the owner	35854
or operator of each facility that is collecting the fees of the	35855
repeal. Collection of the fees shall cease on the first day of the	35856
second month following the month in which notification is sent to	35857
the owner or operator.	35858

Not later than fourteen days after the director issues an	35859
order approving a district's solid waste management plan under	35860
section 3734.55 of the Revised Code or amended plan under division	35861
(A) or (D) of section 3734.56 of the Revised Code that establishes	35862
or amends a schedule of fees levied by the district, or the	35863
ratification of an amendment to the district's approved plan or	35864
amended plan under division (E) of section 3734.56 of the Revised	35865
Code that establishes or amends a schedule of fees, as	35866
appropriate, the committee shall notify by certified mail the	35867
owner or operator of each solid waste disposal facility that is	35868
required to collect the fees of the approval of the plan or	35869
amended plan, or the amendment to the plan, as appropriate, and	35870
the amount of the fees or amended fees. In the case of an initial	35871
or amended plan approved under section 3734.521 of the Revised	35872
Code in connection with a change in district composition, other	35873
than one involving the withdrawal of a county from a joint	35874
district, that establishes or amends a schedule of fees levied	35875
under divisions (B)(1) to (3) of this section by a district	35876
resulting from the change, the committee, within fourteen days	35877
after the change takes effect pursuant to division (G) of that	35878
section, shall notify by certified mail the owner or operator of	35879
each solid waste disposal facility that is required to collect the	35880
fees that the change has taken effect and of the amount of the	35881
fees or amended fees. Collection of any fees set forth in a plan	35882
or amended plan approved by the director on or after April 16,	35883
1993, or an amendment of a plan or amended plan under division (E)	35884
of section 3734.56 of the Revised Code that is ratified on or	35885
after April 16, 1993, shall commence on the first day of the	35886
second month following the month in which notification is sent to	35887
the owner or operator.	35888

Not later than fourteen days after the director issues an	35889
order approving a district's plan under section 3734.55 of the	35890
Revised Code or amended plan under division (A) or (D) of section	35891
3734.56 of the Revised Code that abolishes the schedule of fees	35892
levied under divisions (B)(1) to (3) of this section, or an	35893
amendment to the district's approved plan or amended plan	35894
abolishing the schedule of fees is ratified pursuant to division	35895
(E) of section 3734.56 of the Revised Code, as appropriate, the	35896
committee shall notify by certified mail the owner or operator of	35897
each facility that is collecting the fees of the approval of the	35898
plan or amended plan, or the amendment of the plan or amended	35899
plan, as appropriate, and the abolishment of the fees. In the case	35900
of an initial or amended plan approved under section 3734.521 of	35901
the Revised Code in connection with a change in district	35902
composition, other than one involving the withdrawal of a county	35903
from a joint district, that abolishes the schedule of fees levied	35904
under divisions (B)(1) to (3) of this section by a district	35905
resulting from the change, the committee, within fourteen days	35906
after the change takes effect pursuant to division (G) of that	35907
section, shall notify by certified mail the owner or operator of	35908
each solid waste disposal facility that is required to collect the	35909
fees that the change has taken effect and of the abolishment of	35910
the fees. Collection of the fees shall cease on the first day of	35911
the second month following the month in which notification is sent	35912
to the owner or operator.	35913

Except as otherwise provided in this division, if the	35914
schedule of fees that a district is levying under divisions (B)(1)	35915
to (3) of this section pursuant to a resolution or amended	35916
resolution adopted and ratified under this division, the solid	35917
waste management plan of the district approved under section	35918
3734.55 of the Revised Code, an amended plan approved under	35919
division (A) or (D) of section 3734.56 of the Revised Code, or an	35920
amendment to the district's approved plan or amended plan under	35921
division (E) of section 3734.56 of the Revised Code, is amended by	35922
the adoption and ratification of an amendment to the resolution or	35923
amended resolution or an amendment of the district's approved plan	35924
or amended plan, the fees in effect immediately prior to the	35925
approval of the plan or the amendment of the resolution, amended	35926
resolution, plan, or amended plan, as appropriate, shall continue	35927
to be collected until collection of the amended fees commences	35928
pursuant to this division.	35929

If, in the case of a change in district composition involving	35930
the withdrawal of a county from a joint district, the director	35931
completes the actions required under division (G)(1) or (3) of	35932
section 3734.521 of the Revised Code, as appropriate, forty-five	35933
days or more before the beginning of a calendar year, the policy	35934
committee of each of the districts resulting from the change that	35935
obtained the director's approval of an initial or amended plan in	35936
connection with the change, within fourteen days after the	35937
director's completion of the required actions, shall notify by	35938
certified mail the owner or operator of each solid waste disposal	35939
facility that is required to collect the district's fees that the	35940
change is to take effect on the first day of January immediately	35941
following the issuance of the notice and of the amount of the fees	35942
or amended fees levied under divisions (B)(1) to (3) of this	35943
section pursuant to the district's initial or amended plan as so	35944
approved or, if appropriate, the abolishment of the district's	35945
fees by that initial or amended plan. Collection of any fees set	35946
forth in such a plan or amended plan shall commence on the first	35947
day of January immediately following the issuance of the notice.	35948
If such an initial or amended plan abolishes a schedule of fees,	35949
collection of the fees shall cease on that first day of January.	35950

If, in the case of a change in district composition involving	35951
the withdrawal of a county from a joint district, the director	35952
completes the actions required under division (G)(1) or (3) of	35953
section 3734.521 of the Revised Code, as appropriate, less than	35954
forty-five days before the beginning of a calendar year, the	35955
director, on behalf of each of the districts resulting from the	35956
change that obtained the director's approval of an initial or	35957
amended plan in connection with the change proceedings, shall	35958
notify by certified mail the owner or operator of each solid waste	35959
disposal facility that is required to collect the district's fees	35960
that the change is to take effect on the first day of January	35961
immediately following the mailing of the notice and of the amount	35962
of the fees or amended fees levied under divisions (B)(1) to (3)	35963
of this section pursuant to the district's initial or amended plan	35964
as so approved or, if appropriate, the abolishment of the	35965
district's fees by that initial or amended plan. Collection of any	35966
fees set forth in such a plan or amended plan shall commence on	35967
the first day of the second month following the month in which	35968
notification is sent to the owner or operator. If such an initial	35969
or amended plan abolishes a schedule of fees, collection of the	35970
fees shall cease on the first day of the second month following	35971
the month in which notification is sent to the owner or operator.	35972

In the case of a change in district composition, the schedule	35973
of fees that the former districts that existed prior to the change	35974
were levying under divisions (B)(1) to (3) of this section	35975
pursuant to a resolution or amended resolution adopted and	35976
ratified under this division, the solid waste management plan of a	35977
former district approved under section 3734.521 or 3734.55 of the	35978
Revised Code, an amended plan approved under section 3734.521 or	35979
division (A) or (D) of section 3734.56 of the Revised Code, or an	35980
amendment to a former district's approved plan or amended plan	35981
under division (E) of section 3734.56 of the Revised Code, and	35982
that were in effect on the date that the director completed the	35983
actions required under division (G)(1) or (3) of section 3734.521	35984
of the Revised Code shall continue to be collected until the	35985
collection of the fees or amended fees of the districts resulting	35986
from the change is required to commence, or if an initial or	35987
amended plan of a resulting district abolishes a schedule of fees,	35988
collection of the fees is required to cease, under this division.	35989
Moneys so received from the collection of the fees of the former	35990
districts shall be divided among the resulting districts in	35991
accordance with division (B) of section 343.012 of the Revised	35992
Code and the agreements entered into under division (B) of section	35993
343.01 of the Revised Code to establish the former and resulting	35994
districts and any amendments to those agreements.	35995

For the purposes of the provisions of division (B) of this	35996
section establishing the times when newly established or amended	35997
fees levied by a district are required to commence and the	35998
collection of fees that have been amended or abolished is required	35999
to cease, "fees" or "schedule of fees" includes, in addition to	36000
fees levied under divisions (B)(1) to (3) of this section, those	36001
levied under section 3734.573 or 3734.574 of the Revised Code.	36002

(C) For the purposes of defraying the added costs to a	36003
municipal corporation or township of maintaining roads and other	36004
public facilities and of providing emergency and other public	36005
services, and compensating a municipal corporation or township for	36006
reductions in real property tax revenues due to reductions in real	36007
property valuations resulting from the location and operation of a	36008
solid waste disposal facility within the municipal corporation or	36009
township, a municipal corporation or township in which such a	36010
solid waste disposal facility is located may levy a fee of not	36011
more than twenty-five cents per ton on the disposal of solid	36012
wastes at a solid waste disposal facility located within the	36013
boundaries of the municipal corporation or township regardless of	36014
where the wastes were generated.	36015

The legislative authority of a municipal corporation or	36016
township may levy fees under this division by enacting an	36017
ordinance or adopting a resolution establishing the amount of the	36018
fees. Upon so doing the legislative authority shall mail a	36019
certified copy of the ordinance or resolution to the board of	36020
county commissioners or directors of the county or joint solid	36021
waste management district in which the municipal corporation or	36022
township is located or, if a regional solid waste management	36023
authority has been formed under section 343.011 of the Revised	36024
Code, to the board of trustees of that regional authority, the	36025
owner or operator of each solid waste disposal facility in the	36026
municipal corporation or township that is required to collect the	36027
fee by the ordinance or resolution, and the director of	36028
environmental protection. Although the fees levied under this	36029
division are levied on the basis of tons as the unit of	36030
measurement, the legislative authority, in its ordinance or	36031
resolution levying the fees under this division, may direct that	36032
the fees be levied on the basis of cubic yards as the unit of	36033
measurement based upon a conversion factor of three cubic yards	36034
per ton generally or one cubic yard per ton for baled wastes.	36035

Not later than five days after enacting an ordinance or	36036
adopting a resolution under this division, the legislative	36037
authority shall so notify by certified mail the owner or operator	36038
of each solid waste disposal facility that is required to collect	36039
the fee. Collection of any fee levied on or after March 24, 1992,	36040
shall commence on the first day of the second month following the	36041
month in which notification is sent to the owner or operator.	36042

(D)(1) The fees levied under divisions (A), (B), and (C) of	36043
this section do not apply to the disposal of solid wastes that:	36044

(a) Are disposed of at a facility owned by the generator of	36045
the wastes when the solid waste facility exclusively disposes of	36046
solid wastes generated at one or more premises owned by the	36047
generator regardless of whether the facility is located on a	36048
premises where the wastes are generated;	36049

(b) Are disposed of at facilities that exclusively dispose of	36050
wastes that are generated from the combustion of coal, or from the	36051
combustion of primarily coal in combination with scrap tires, that	36052
is not combined in any way with garbage at one or more premises	36053
owned by the generator.	36054

(2) Except as provided in section 3734.571 of the Revised	36055
Code, any fees levied under division (B)(1) of this section apply	36056
to solid wastes originating outside the boundaries of a county or	36057
joint district that are covered by an agreement for the joint use	36058
of solid waste facilities entered into under section 343.02 of the	36059
Revised Code by the board of county commissioners or board of	36060
directors of the county or joint district where the wastes are	36061
generated and disposed of.	36062

(3) When solid wastes, other than solid wastes that consist	36063
of scrap tires, are burned in a disposal facility that is an	36064
incinerator or energy recovery facility, the fees levied under	36065
divisions (A), (B), and (C) of this section shall be levied upon	36066
the disposal of the fly ash and bottom ash remaining after burning	36067
of the solid wastes and shall be collected by the owner or	36068
operator of the sanitary landfill where the ash is disposed of.	36069

(4) When solid wastes are delivered to a solid waste transfer	36070
facility, the fees levied under divisions (A), (B), and (C) of	36071
this section shall be levied upon the disposal of solid wastes	36072
transported off the premises of the transfer facility for disposal	36073
and shall be collected by the owner or operator of the solid waste	36074
disposal facility where the wastes are disposed of.	36075

(5) The fees levied under divisions (A), (B), and (C) of this	36076
section do not apply to sewage sludge that is generated by a waste	36077
water treatment facility holding a national pollutant discharge	36078
elimination system permit and that is disposed of through	36079
incineration, land application, or composting or at another	36080
resource recovery or disposal facility that is not a landfill.	36081

(6) The fees levied under divisions (A), (B), and (C) of this	36082
section do not apply to solid wastes delivered to a solid waste	36083
composting facility for processing. When any unprocessed solid	36084
waste or compost product is transported off the premises of a	36085
composting facility and disposed of at a landfill, the fees levied	36086
under divisions (A), (B), and (C) of this section shall be	36087
collected by the owner or operator of the landfill where the	36088
unprocessed waste or compost product is disposed of.	36089

(7) When solid wastes that consist of scrap tires are	36090
processed at a scrap tire recovery facility, the fees levied under	36091
divisions (A), (B), and (C) of this section shall be levied upon	36092
the disposal of the fly ash and bottom ash or other solid wastes	36093
remaining after the processing of the scrap tires and shall be	36094
collected by the owner or operator of the solid waste disposal	36095
facility where the ash or other solid wastes are disposed of.	36096

(E) The fees levied under divisions (B) and (C) of this	36097
section shall be collected by the owner or operator of the solid	36098
waste disposal facility where the wastes are disposed of as a	36099
trustee for the county or joint district and municipal corporation	36100
or township where the wastes are disposed of. Moneys from the fees	36101
levied under division (B) of this section shall be forwarded to	36102
the board of county commissioners or board of directors of the	36103
district in accordance with rules adopted under division (H) of	36104
this section. Moneys from the fees levied under division (C) of	36105
this section shall be forwarded to the treasurer or such other	36106
officer of the municipal corporation as, by virtue of the charter,	36107
has the duties of the treasurer or to the clerk of the township,	36108
as appropriate, in accordance with those rules.	36109

(F) Moneys received by the treasurer or such other officer of	36110
the municipal corporation under division (E) of this section shall	36111
be paid into the general fund of the municipal corporation. Moneys	36112
received by the clerk of the township under that division shall be	36113
paid into the general fund of the township. The treasurer or such	36114
other officer of the municipal corporation or the clerk, as	36115
appropriate, shall maintain separate records of the moneys	36116
received from the fees levied under division (C) of this section.	36117

(G) Moneys received by the board of county commissioners or	36118
board of directors under division (E) of this section or section	36119
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	36120
shall be paid to the county treasurer, or other official acting in	36121
a similar capacity under a county charter, in a county district or	36122
to the county treasurer or other official designated by the board	36123
of directors in a joint district and kept in a separate and	36124
distinct fund to the credit of the district. If a regional solid	36125
waste management authority has been formed under section 343.011	36126
of the Revised Code, moneys received by the board of trustees of	36127
that regional authority under division (E) of this section shall	36128
be kept by the board in a separate and distinct fund to the credit	36129
of the district. Moneys in the special fund of the county or joint	36130
district arising from the fees levied under division (B) of this	36131
section and the fee levied under division (A) of section 3734.573	36132
of the Revised Code shall be expended by the board of county	36133
commissioners or directors of the district in accordance with the	36134
district's solid waste management plan or amended plan approved	36135
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	36136
exclusively for the following purposes:	36137

(1) Preparation of the solid waste management plan of the	36138
district under section 3734.54 of the Revised Code, monitoring	36139
implementation of the plan, and conducting the periodic review and	36140
amendment of the plan required by section 3734.56 of the Revised	36141
Code by the solid waste management policy committee;	36142

(2) Implementation of the approved solid waste management	36143
plan or amended plan of the district, including, without	36144
limitation, the development and implementation of solid waste	36145
recycling or reduction programs;	36146

(3) Providing financial assistance to boards of health within	36147
the district, if solid waste facilities are located within the	36148
district, for enforcement of this chapter and rules, orders, and	36149
terms and conditions of permits, licenses, and variances adopted	36150
or issued under it, other than the hazardous waste provisions of	36151
this chapter and rules adopted and orders and terms and conditions	36152
of permits issued under those provisions;	36153

(4) Providing financial assistance to each county within the	36154
district to defray the added costs of maintaining roads and other	36155
public facilities and of providing emergency and other public	36156
services resulting from the location and operation of a solid	36157
waste facility within the county under the district's approved	36158
solid waste management plan or amended plan;	36159

(5) Pursuant to contracts entered into with boards of health	36160
within the district, if solid waste facilities contained in the	36161
district's approved plan or amended plan are located within the	36162
district, for paying the costs incurred by those boards of health	36163
for collecting and analyzing samples from public or private water	36164
wells on lands adjacent to those facilities;	36165

(6) Developing and implementing a program for the inspection	36166
of solid wastes generated outside the boundaries of this state	36167
that are disposed of at solid waste facilities included in the	36168
district's approved solid waste management plan or amended plan;	36169

(7) Providing financial assistance to boards of health within	36170
the district for the enforcement of section 3734.03 of the Revised	36171
Code or to local law enforcement agencies having jurisdiction	36172
within the district for enforcing anti-littering laws and	36173
ordinances;	36174

(8) Providing financial assistance to boards of health of	36175
health districts within the district that are on the approved list	36176
under section 3734.08 of the Revised Code to defray the costs to	36177
the health districts for the participation of their employees	36178
responsible for enforcement of the solid waste provisions of this	36179
chapter and rules adopted and orders and terms and conditions of	36180
permits, licenses, and variances issued under those provisions in	36181
the training and certification program as required by rules	36182
adopted under division (L) of section 3734.02 of the Revised Code;	36183

(9) Providing financial assistance to individual municipal	36184
corporations and townships within the district to defray their	36185
added costs of maintaining roads and other public facilities and	36186
of providing emergency and other public services resulting from	36187
the location and operation within their boundaries of a	36188
composting, energy or resource recovery, incineration, or	36189
recycling facility that either is owned by the district or is	36190
furnishing solid waste management facility or recycling services	36191
to the district pursuant to a contract or agreement with the board	36192
of county commissioners or directors of the district;	36193

(10) Payment of any expenses that are agreed to, awarded, or	36194
ordered to be paid under section 3734.35 of the Revised Code and	36195
of any administrative costs incurred pursuant to that section. In	36196
the case of a joint solid waste management district, if the board	36197
of county commissioners of one of the counties in the district is	36198
negotiating on behalf of affected communities, as defined in that	36199
section, in that county, the board shall obtain the approval of	36200
the board of directors of the district in order to expend moneys	36201
for administrative costs incurred.	36202

Prior to the approval of the district's solid waste	36203
management plan under section 3734.55 of the Revised Code, moneys	36204
in the special fund of the district arising from the fees shall be	36205
expended for those purposes in the manner prescribed by the solid	36206
waste management policy committee by resolution.	36207

Notwithstanding division (G)(6) of this section as it existed	36208
prior to October 29, 1993, or any provision in a district's solid	36209
waste management plan prepared in accordance with division	36210
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	36211
prior to that date, any moneys arising from the fees levied under	36212
division (B)(3) of this section prior to January 1, 1994, may be	36213
expended for any of the purposes authorized in divisions (G)(1) to	36214
(10) of this section.	36215

(H) The director shall adopt rules in accordance with Chapter	36216
119. of the Revised Code prescribing procedures for collecting and	36217
forwarding the fees levied under divisions (B) and (C) of this	36218
section to the boards of county commissioners or directors of	36219
county or joint solid waste management districts and to the	36220
treasurers or other officers of municipal corporations or to the	36221
clerks of townships. The rules also shall prescribe the dates for	36222
forwarding the fees to the boards and officials and may prescribe	36223
any other requirements the director considers necessary or	36224
appropriate to implement and administer divisions (A), (B), and	36225
(C) of this section. Collection of the fees levied under division	36226
(A)(1) of this section shall commence on July 1, 1993. Collection	36227
of the fees levied under division (A)(2) of this section shall	36228
commence on January 1, 1994.	36229

Sec. 3735.27.  (A) Whenever the director of development has	36230
determined that there is need for a housing authority in any	36231
portion of any county that comprises two or more political	36232
subdivisions or portions thereofof two or more political	36233
subdivisions but is less than all the territory within the county,	36234
a metropolitan housing authority shall be declared to exist, and	36235
the territorial limits thereofof the authority shall be defined,	36236
by a letter from the director. The director shall issue a	36237
determination from the department of development declaring that	36238
there is need for a housing authority within suchthose	36239
territorial limits after finding either of the following:	36240

(1) Unsanitary or unsafe inhabited housing accommodations	36241
exist in suchthat area;	36242

(2) There is a shortage of safe and sanitary housing	36243
accommodations in suchthat area available to persons who lack the	36244
amount of income whichthat is necessary, as determined by the	36245
director, to enable them, without financial assistance, to live in	36246
decent, safe, and sanitary dwellings without congestion.	36247

In determining whether dwelling accommodations are unsafe or	36248
unsanitary, the director may take into consideration the degree of	36249
congestion, the percentage of land coverage, the light, air,	36250
space, and access available to the inhabitants of suchthe	36251
dwelling accommodations, the size and arrangement of the rooms,	36252
the sanitary facilities, and the extent to which conditions exist	36253
in such buildings whichthe dwelling accomodations that endanger	36254
life or property by fire or other causes.	36255

The territorial limits of a metropolitan housing authority,	36256
as defined by the director,under this division shall be fixed for	36257
suchthe authority upon proof of a letter from the director	36258
declaring the need for suchthe authority to function in those	36259
territorial limits. Any such letter from the director, any	36260
certificate of determination issued by the director, and any	36261
certificate of appointment of members of the authority shall be	36262
admissible in evidence in any suit, action, or proceeding.	36263

A certified copy of the letter from the director, declaring	36264
the existence of a metropolitan housing authority and boundaries	36265
the territorial limits of a housing authorityits district, shall	36266
be immediately forwarded to each appointing authority. A	36267
metropolitan housing authority shall consist of five members, who	36268
shall beare residents of the territory embraced in such	36269
metropolitan housing authority districtwhich they serve.	36270

(B) Except as otherwise provided in division (C), (D), or (E)	36271
of this section, one member shall be appointed by the probate	36272
court, one member by the court of common pleas, one member by the	36273
board of county commissioners, and two members by the chief	36274
executive officer of the most populous city in the territory	36275
included in the district, in accordance with the last preceding	36276
federal census. At the time of the initial appointment of the	36277
authority, the member appointed by the probate court shall be	36278
appointed for a period of four years, the appointee ofmember	36279
appointed by the court of common pleas shall be appointed for	36280
three years, the appointee ofmember appointed by the board of	36281
county commissioners shall be appointed for two years, one	36282
appointee of themember appointed by the chief executive officer	36283
of the most populous city in the district shall be appointed for	36284
one year, and one appointee of the other member appointed by the	36285
chief executive officer of the most populous city in the district	36286
shall be appointed for five years. Thereafter, all members of the	36287
authority shall be appointed for five-year terms, and vacancies	36288
due to expired terms shall be filled by the same appointing powers	36289
in the manner provided in the original appointments.	36290

(C) For any metropolitan housing authority district that	36291
contained, as of the 1990 federal census, a population of at least	36292
one million, two members of the authority shall be appointed by	36293
the municipal legislative authority of the most populous city in	36294
the territory included in the district, two members shall be	36295
appointed by the chief executive officer of the most populous city	36296
in the territory included in the district, and one member shall be	36297
appointed by the chief executive officer, with the approval of the	36298
municipal legislative authority, of the city in the district which	36299
that has the second highest number of housing units owned or	36300
managed by the authority.	36301

At the time of the initial appointment of the authority, one	36302
member appointed by the municipal legislative authority of the	36303
most populous city in the territory included in the district shall	36304
be appointed for three years, and one such member shall be	36305
appointed for one year; the appointee ofmember appointed by the	36306
chief executive officer of the city with the second highest number	36307
of housing units owned or managed by the authority shall be	36308
appointed, with the approval of the municipal legislative	36309
authority, for three years; and one appointee ofmember appointed	36310
by the chief executive officer of the most populous city in the	36311
district shall be appointed for three years, and one such member	36312
shall be appointed for one year. Thereafter, all members of the	36313
authority shall be appointed for three-year terms, and any vacancy	36314
shall be filled by the same appointing power that made the initial	36315
appointment. At the expiration of the term of any member appointed	36316
by the chief executive officer of the most populous city in the	36317
territory included in the district prior to March 15, 1983, the	36318
chief executive officer of the most populous city in the district	36319
shall fill the vacancy by appointment for a three-year term. At	36320
the expiration of the term of any member appointed by the board of	36321
county commissioners prior to March 15, 1983, the chief executive	36322
officer of the city in the district with the second highest number	36323
of housing units owned or managed by the authority shall, with the	36324
approval of the municipal legislative authority, fill the vacancy	36325
by appointment for a three-year term. At the expiration of the	36326
term of any member appointed prior to March 15, 1983, by the court	36327
of common pleas or the probate court, the legislative authority of	36328
the most populous city in the territory included in the district	36329
shall fill the vacancy by appointment for a three-year term.	36330

After March 15, 1983, at least one of the members appointed	36331
by the chief executive officer of the most populous city shall be	36332
a resident of a dwelling unit owned or managed by the housing	36333
authority. At least one of the initial appointments by the chief	36334
executive officer of the most populous city, after March 15, 1983,	36335
shall be a resident of a dwelling unit owned or managed by the	36336
housing authority. Thereafter, any member appointed by the chief	36337
executive officer of the most populous city for the term	36338
established by this initial appointment, or for any succeeding	36339
term thereof, shall be a person who resides in a dwelling unit	36340
owned or managed by the housing authority. If there is an elected,	36341
representative body of all residents of the housing authority,	36342
then the chief executive officer of the most populous city shall,	36343
whenever there is a vacancy in this resident term, provide written	36344
notice of the vacancy to the representative body. If the	36345
representative body submits to the chief executive officer of the	36346
most populous city, in writing and within sixty days after the	36347
date on which it was notified of the vacancy, the names of at	36348
least five residents of the housing authority who are willing and	36349
qualified to serve as a member, then the chief executive officer	36350
of the most populous city shall appoint to the resident term one	36351
of the residents recommended by the representative body. At no	36352
time shall residents constitute a majority of the members of the	36353
authority.	36354

(D)(1) For any metropolitan housing authority district	36355
located in a county that had, as of the 2000 federal census, a	36356
population of at least four hundred thousand and no city with a	36357
population greater than thirty per cent of the total population of	36358
the county, one member of the authority shall be appointed by the	36359
probate court, one member shall be appointed by the court of	36360
common pleas, one member shall be appointed by the chief executive	36361
officer of the most populous city in the district, and two members	36362
shall be appointed by the board of county commissioners.	36363

(2) At the time of the initial appointment of a metropolitan	36364
housing authority pursuant to this division, the member appointed	36365
by the probate court shall be appointed for a period of four	36366
years, the member appointed by the court of common pleas shall be	36367
appointed for three years, the member appointed by the chief	36368
executive officer of the most populous city shall be appointed for	36369
two years, one member appointed by the board of county	36370
commissioners shall be appointed for one year, and the other	36371
member appointed by the board of county commissioners shall be	36372
appointed for five years. Thereafter, all members of the authority	36373
shall be appointed for five-year terms, with each term ending on	36374
the same day of the same month as the term that it succeeds.	36375
Vacancies shall be filled in the manner provided in the original	36376
appointments. Any member appointed to fill a vacancy occurring	36377
prior to the expiration of the term shall hold office as a member	36378
for the remainder of that term.	36379

(E)(1) An additional two members shall be appointed to the	36380
metropolitan housing authority in any district that has three	36381
hundred or more assisted housing units and that does not have at	36382
least one resident as a member of its authority. For the purposes	36383
of this section an "assisted unit" is a housing unit owned or	36384
operated by the housing authority or a unit in which the occupants	36385
receive tenant-based housing assistance through the federal	36386
section 8 housing program, 24 C.F.R. Ch VIII, and, a "resident" is	36387
a person who lives in an assisted housing unit.	36388

(2) The chief executive officer of the most populous city in	36389
the district shall appoint an additional member who is a resident	36390
for an initial term of five years. The board of county	36391
commissioners shall appoint the other additional member, who need	36392
not be a resident, for an initial term of three years. After the	36393
initial term, the terms of both members shall be five years and	36394
vacancies shall be filled in the manner provided in the original	36395
appointments. Any member appointed to fill a vacancy occurring	36396
prior to the expiration of the term for which the member's	36397
predecessor was appointed shall hold office as a member for the	36398
remainder of that term.	36399

(3) A member appointed as a resident member who no longer	36400
qualifies as a resident shall be deemed unable to serve and	36401
another resident member shall be appointed to serve the unexpired	36402
portion of that term.	36403

(F) Public officials, other than the officers having the	36404
appointing power under this section, shall be eligible to serve as	36405
members, officers, or employees of thea metropolitan housing	36406
authority notwithstanding any statute, charter, or law to the	36407
contrary. Not more than two such public officials shall be members	36408
of the authority at any one time.	36409

All members of such housingan authority shall serve without	36410
compensation but shall be entitled to be reimbursed for all	36411
necessary expenses incurred. After such	36412

After a metropolitan housing authority district has beenis	36413
formed, the director may enlarge the territory within suchthe	36414
district to include other political subdivisions, or portions	36415
thereofof other political subdivisions, but the territorial	36416
limits of whichthe district shall be less than that of the	36417
county.	36418

Sec. 3735.67.  (A) The owner of real property located in a	36419
community reinvestment area and eligible for exemption from	36420
taxation under a resolution adopted pursuant to section 3735.66 of	36421
the Revised Code may file an application for an exemption from	36422
real property taxation of a percentage of the assessed valuation	36423
of a new structure or remodeling, completed after the effective	36424
date of the resolution adopted pursuant to section 3735.66 of the	36425
Revised Code, with the housing officer designated pursuant to	36426
section 3735.66 of the Revised Code for the community reinvestment	36427
area in which the property is located. If any part of the new	36428
structure or remodeling that would be exempted is of real property	36429
to be used for commercial or industrial purposes, the legislative	36430
authority and the owner of the property shall enter into a written	36431
agreement pursuant to section 3735.671 of the Revised Code prior	36432
to commencement of construction or remodeling; if such an	36433
agreement is subject to approval by the board of education of the	36434
school district within the territory of which the property is or	36435
will be located, the agreement shall not be formally approved by	36436
the legislative authority until the board of education approves	36437
the agreement in the manner prescribed by that section.	36438

(B) The housing officer shall verify the construction of the	36439
new structure or the cost of the remodeling and the facts asserted	36440
in the application. The housing officer shall determine whether	36441
the construction or the cost of the remodeling meets the	36442
requirements for an exemption under this section. In cases	36443
involving a structure of historical or architectural significance,	36444
the housing officer shall not determine whether the remodeling	36445
meets the requirements for a tax exemption unless the	36446
appropriateness of the remodeling has been certified, in writing,	36447
by the society, association, agency, or legislative authority that	36448
has designated the structure or by any organization or person	36449
authorized, in writing, by such society, association, agency, or	36450
legislative authority to certify the appropriateness of the	36451
remodeling.	36452

(C) If the construction or remodeling meets the requirements	36453
for exemption, the housing officer shall forward the application	36454
to the county auditor with a certification as to the division of	36455
this section under which the exemption is granted, and the period	36456
and percentage of the exemption as determined by the legislative	36457
authority pursuant to that division. If the construction or	36458
remodeling is of commercial or industrial property and the	36459
legislative authority is not required to certify a copy of a	36460
resolution under section 3735.671 of the Revised Code, the housing	36461
officer shall comply with the notice requirements prescribed under	36462
section 5709.83 of the Revised Code, unless the board has adopted	36463
a resolution under that section waiving its right to receive such	36464
a notice.	36465

(D) The tax exemption shall first apply in the year the	36466
construction or remodeling would first be taxable but for this	36467
section. In the case of remodeling that qualifies for exemption, a	36468
percentage, not to exceed one hundred per cent, of the amount by	36469
which the remodeling increased the assessed value of the structure	36470
shall be exempted from real property taxation. In the case of	36471
construction of a structure that qualifies for exemption, a	36472
percentage, not to exceed one hundred per cent, of the assessed	36473
value of the structure shall be exempted from real property	36474
taxation. In either case, the percentage shall be the percentage	36475
set forth in the agreement if the structure or remodeling is to be	36476
used for commercial or industrial purposes, or the percentage set	36477
forth in the resolution describing the community reinvestment area	36478
if the structure or remodeling is to be used for residential	36479
purposes.	36480

The construction of new structures and the remodeling of	36481
existing structures are hereby declared to be a public purpose for	36482
which exemptions from real property taxation may be granted for	36483
the following periods:	36484

(1) For every dwelling containing not more than two family	36485
units located within the same community reinvestment area and upon	36486
which the cost of remodeling is at least two thousand five hundred	36487
dollars, a period to be determined by the legislative authority	36488
adopting the resolution describing the community reinvestment area	36489
where the dwelling is located, but not exceeding ten years;	36490

(2) For every dwelling containing more than two units and	36491
commercial or industrial properties, located within the same	36492
community reinvestment area, upon which the cost of remodeling is	36493
at least five thousand dollars, a period to be determined by the	36494
legislative authority adopting the resolution, but not exceeding	36495
twelve years;	36496

(3) For construction of every dwelling, and commercial or	36497
industrial structure located within the same community	36498
reinvestment area, a period to be determined by the legislative	36499
authority adopting the resolution, but not exceeding fifteen	36500
years.	36501

(E) Any person, board, or officer authorized by section	36502
5715.19 of the Revised Code to file complaints with the county	36503
board of revision may file a complaint with the housing officer	36504
challenging the continued exemption of any property granted an	36505
exemption under this section. A complaint against exemption shall	36506
be filed prior to the thirty-first day of December of the tax year	36507
for which taxation of the property is requested. The housing	36508
officer shall determine whether the property continues to meet the	36509
requirements for exemption and shall certify the housing officer's	36510
findings to the complainant. If the housing officer determines	36511
that the property does not meet the requirements for exemption,	36512
the housing officer shall notify the county auditor, who shall	36513
correct the tax list and duplicate accordingly.	36514

Sec. 3735.671.  (A) If construction or remodeling of	36515
commercial or industrial property is to be exempted from taxation	36516
pursuant to section 3735.67 of the Revised Code, the legislative	36517
authority and the owner of the property, prior to the commencement	36518
of construction or remodeling, shall enter into a written	36519
agreement, binding on both parties for a period of time that does	36520
not end prior to the end of the period of the exemption, that	36521
includes all of the information and statements prescribed by this	36522
section. Agreements may include terms not prescribed by this	36523
section, but such terms shall in no way derogate from the	36524
information and statements prescribed by this section.	36525

(1) Except as otherwise provided in division (A)(2) or (3) of	36526
this section, an agreement entered into under this section shall	36527
not be approved by the legislative authority unless the board of	36528
education of the city, local, or exempted village school district	36529
within the territory of which the property is or will be located	36530
approves the agreement. For the purpose of obtaining such	36531
approval, the legislative authority shall certify a copy of the	36532
agreement to the board of education not later than forty-five days	36533
prior to approving the agreement, excluding Saturday, Sunday, and	36534
a legal holiday as defined in section 1.14 of the Revised Code.	36535
The board of education, by resolution adopted by a majority of the	36536
board, shall approve or disapprove the agreement and certify a	36537
copy of the resolution to the legislative authority not later than	36538
fourteen days prior to the date stipulated by the legislative	36539
authority as the date upon which approval of the agreement is to	36540
be formally considered by the legislative authority. The board of	36541
education may include in the resolution conditions under which the	36542
board would approve the agreement. The legislative authority may	36543
approve an agreement at any time after the board of education	36544
certifies its resolution approving the agreement to the	36545
legislative authority, or, if the board approves the agreement	36546
conditionally, at any time after the conditions are agreed to by	36547
the board and the legislative authority.	36548

(2) Approval of an agreement by the board of education is not	36549
required under division (A)(1) of this section if, for each tax	36550
year the real property is exempted from taxation, the sum of the	36551
following quantities, as estimated at or prior to the time the	36552
agreement is formally approved by the legislative authority,	36553
equals or exceeds fifty per cent of the amount of taxes, as	36554
estimated at or prior to that time, that would have been charged	36555
and payable that year upon the real property had that property not	36556
been exempted from taxation:	36557

(a) The amount of taxes charged and payable on any portion of	36558
the assessed valuation of the new structure or remodeling that	36559
will not be exempted from taxation under the agreement;	36560

(b) The amount of taxes charged and payable on tangible	36561
personal property located on the premises of the new structure or	36562
of the structure to be remodeled under the agreement, whether	36563
payable by the owner of the structure or by a related member, as	36564
defined in section 5733.042 of the Revised Code without regard to	36565
division (B) of that section.	36566

(c) The amount of any cash payment by the owner of the new	36567
structure or structure to be remodeled to the school district, the	36568
dollar value, as mutually agreed to be the owner and the board of	36569
education, of any property or services provided by the owner of	36570
the property to the school district, whether by gift, loan, or	36571
otherwise, and any payment by the legislative authority to the	36572
school district pursuant to section 5709.82 of the Revised Code.	36573

The estimates of quantities used for purposes of division	36574
(A)(2) of this section shall be estimated by the legislative	36575
authority. The legislative authority shall certify to the board of	36576
education that the estimates have been made in good faith.	36577
Departures of the actual quantities from the estimates subsequent	36578
to approval of the agreement by the board of education do not	36579
invalidate the agreement.	36580

(3) If a board of education has adopted a resolution waiving	36581
its right to approve agreements and the resolution remains in	36582
effect, approval of an agreement by the board is not required	36583
under this division. If a board of education has adopted a	36584
resolution allowing a legislative authority to deliver the notice	36585
required under this division fewer than forty-five business days	36586
prior to the legislative authority's execution of the agreement,	36587
the legislative authority shall deliver the notice to the board	36588
not later than the number of days prior to such execution as	36589
prescribed by the board in its resolution. If a board of education	36590
adopts a resolution waiving its right to approve agreements or	36591
shortening the notification period, the board shall certify a copy	36592
of the resolution to the legislative authority. If the board of	36593
education rescinds such a resolution, it shall certify notice of	36594
the rescission to the legislative authority.	36595

(B) Each agreement shall include the following information:

36596

(1) The names of all parties to the agreement;

36597

(2) A description of the remodeling or construction, whether	36598
or not to be exempted from taxation, including existing or new	36599
structure size and cost thereof; the value of machinery,	36600
equipment, furniture, and fixtures, including an itemization of	36601
the value of machinery, equipment, furniture, and fixtures used at	36602
another location in this state prior to the agreement and	36603
relocated or to be relocated from that location to the property,	36604
and the value of machinery, equipment, furniture, and fixtures at	36605
the facility prior to the execution of the agreement; the value of	36606
inventory at the property, including an itemization of the value	36607
of inventory held at another location in this state prior to the	36608
agreement and relocated or to be relocated from that location to	36609
the property, and the value of inventory held at the property	36610
prior to the execution of the agreement;	36611

(3) The scheduled starting and completion dates of remodeling	36612
or construction of real property or of investments made in	36613
machinery, equipment, furniture, fixtures, and inventory;	36614

(4) Estimates of the number of employee positions to be	36615
created each year of the agreement and of the number of employee	36616
positions retained by the owner due to the remodeling or	36617
construction, itemized as to the number of full-time, part-time,	36618
permanent, and temporary positions;	36619

(5) Estimates of the dollar amount of payroll attributable to	36620
the positions set forth in division (B)(4) of this section,	36621
similarly itemized;	36622

(6) The number of employee positions, if any, at the property	36623
and at any other location in this state at the time the agreement	36624
is executed, itemized as to the number of full-time, part-time,	36625
permanent, and temporary positions.	36626

(C) Each agreement shall set forth the following information	36627
and incorporate the following statements:	36628

(1) A description of real property to be exempted from	36629
taxation under the agreement, the percentage of the assessed	36630
valuation of the real property exempted from taxation, and the	36631
period for which the exemption is granted, accompanied by the	36632
statement: "The exemption commences the first year for which the	36633
real property would first be taxable were that property not	36634
exempted from taxation. No exemption shall commence after	36635
.......... (insert date) nor extend beyond .......... (insert	36636
date)." The tax commissioner shall adopt rules prescribing the	36637
form the description of such property shall assume in order to	36638
ensure that the property to be exempted from taxation under the	36639
agreement is distinguishable from property that is not to be	36640
exempted under that agreement.	36641

(2) ".......... (insert name of owner) shall pay such real	36642
property taxes as are not exempted under this agreement and are	36643
charged against such property and shall file all tax reports and	36644
returns as required by law. If .......... (insert name of owner)	36645
fails to pay such taxes or file such returns and reports,	36646
exemptions from taxation granted under this agreement are	36647
rescinded beginning with the year for which such taxes are charged	36648
or such reports or returns are required to be filed and	36649
thereafter."	36650

(3) ".......... (insert name of owner) hereby certifies that	36651
at the time this agreement is executed, .......... (insert name of	36652
owner) does not owe any delinquent real or tangible personal	36653
property taxes to any taxing authority of the State of Ohio, and	36654
does not owe delinquent taxes for which .......... (insert name of	36655
owner) is liable under Chapter 5733., 5735., 5739., 5741., 5743.,	36656
5747., or 5753. of the Ohio Revised Code, or, if such delinquent	36657
taxes are owed, .......... (insert name of owner) currently is	36658
paying the delinquent taxes pursuant to an undertaking enforceable	36659
by the State of Ohio or an agent or instrumentality thereof, has	36660
filed a petition in bankruptcy under 11 U.S.C.A. 101, et seq., or	36661
such a petition has been filed against .......... (insert name of	36662
owner). For the purposes of this certification, delinquent taxes	36663
are taxes that remain unpaid on the latest day prescribed for	36664
payment without penalty under the chapter of the Revised Code	36665
governing payment of those taxes."	36666

(4) ".......... (insert name of municipal corporation or	36667
county) shall perform such acts as are reasonably necessary or	36668
appropriate to effect, claim, reserve, and maintain exemptions	36669
from taxation granted under this agreement including, without	36670
limitation, joining in the execution of all documentation and	36671
providing any necessary certificates required in connection with	36672
such exemptions."	36673

(5) "If for any reason .......... (insert name of municipal	36674
corporation or county) revokes the designation of the area,	36675
entitlements granted under this agreement shall continue for the	36676
number of years specified under this agreement, unless ..........	36677
(insert name of owner) materially fails to fulfill its obligations	36678
under this agreement and ................... (insert name of	36679
municipal corporation or county) terminates or modifies the	36680
exemptions from taxation pursuant to this agreement."	36681

(6) "If .......... (insert name of owner) materially fails to	36682
fulfill its obligations under this agreement, or if ..........	36683
(insert name of municipal corporation or county) determines that	36684
the certification as to delinquent taxes required by this	36685
agreement is fraudulent, .......... (insert name of municipal	36686
corporation or county) may terminate or modify the exemptions from	36687
taxation granted under this agreement."	36688

(7) ".......... (insert name of owner) shall provide to the	36689
proper tax incentive review council any information reasonably	36690
required by the council to evaluate the applicant's compliance	36691
with the agreement, including returns filed pursuant to section	36692
5711.02 of the Ohio Revised Code if requested by the council."	36693

(8) "This agreement is not transferable or assignable without	36694
the express, written approval of .......... (insert name of	36695
municipal corporation or county)."	36696

(9) "Exemptions from taxation granted under this agreement	36697
shall be revoked if it is determined that ........... (insert name	36698
of owner), any successor to that person, or any related member (as	36699
those terms are defined in division (E) of section 3735.671 of the	36700
Ohio Revised Code) has violated the prohibition against entering	36701
into this agreement under division (E) of section 3735.671 or	36702
section 5709.62 or 5709.63 of the Ohio Revised Code prior to the	36703
time prescribed by that division or either of those sections."	36704

(10) ".......... (insert name of owner) and ...........	36705
(insert name of municipal corporation or county) acknowledge that	36706
this agreement must be approved by formal action of the	36707
legislative authority of .......... (insert name of municipal	36708
corporation or county) as a condition for the agreement to take	36709
effect. This agreement takes effect upon such approval."	36710

The statement described in division (C)(6) of this section	36711
may include the following statement, appended at the end of the	36712
statement: ", and may require the repayment of the amount of taxes	36713
that would have been payable had the property not been exempted	36714
from taxation under this agreement."	36715

(D) Except as otherwise provided in this division, an	36716
agreement entered into under this section shall require that the	36717
owner pay an annual fee equal to the greater of one per cent of	36718
the amount of taxes exempted under the agreement or five hundred	36719
dollars; provided, however, that if the value of the incentives	36720
exceeds two hundred fifty thousand dollars, the fee shall not	36721
exceed two thousand five hundred dollars. The fee shall be payable	36722
to the legislative authority once per year for each year the	36723
agreement is effective on the days and in the form specified in	36724
the agreement. Fees paid shall be deposited in a special fund	36725
created for such purpose by the legislative authority and shall be	36726
used by the legislative authority exclusively for the purpose of	36727
complying with section 3735.672 of the Revised Code and by the tax	36728
incentive review council created under section 5709.85 of the	36729
Revised Code exclusively for the purposes of performing the duties	36730
prescribed under that section. The legislative authority may waive	36731
or reduce the amount of the fee, but such waiver or reduction does	36732
not affect the obligations of the legislative authority or the tax	36733
incentive review council to comply with section 3735.672 or	36734
5709.85 of the Revised Code.	36735

(E) If any person that is party to an agreement granting an	36736
exemption from taxation discontinues operations at the structure	36737
to which that exemption applies prior to the expiration of the	36738
term of the agreement, that person, any successor to that person,	36739
and any related member shall not enter into an agreement under	36740
this section or section 5709.62, 5709.63, or 5709.632 of the	36741
Revised Code, and no legislative authority shall enter into such	36742
an agreement with such a person, successor, or related member,	36743
prior to the expiration of five years after the discontinuation of	36744
operations. As used in this division, "successor" means a person	36745
to which the assets or equity of another person has been	36746
transferred, which transfer resulted in the full or partial	36747
nonrecognition of gain or loss, or resulted in a carryover basis,	36748
both as determined by rule adopted by the tax commissioner.	36749
"Related member" has the same meaning as defined in section	36750
5733.042 of the Revised Code without regard to division (B) of	36751
that section.	36752

The director of development shall review all agreements	36753
submitted to the director under division (F) of this section for	36754
the purpose of enforcing this division. If the director determines	36755
there has been a violation of this division, the director shall	36756
notify the legislative authority of such violation, and the	36757
legislative authority immediately shall revoke the exemption	36758
granted under the agreement.	36759

(F) When an agreement is entered into under this section, the	36760
legislative authority authorizing the agreement shall forward a	36761
copy of the agreement to the director of development and to the	36762
tax commissioner within fifteen days after the agreement is	36763
entered into.	36764

Sec. 3737.01.  As used in this chapter:

36765

(A) "Assistant fire marshal" means any person who is employed	36766
by the fire marshal and who carries out specific duties assigned	36767
by the fire marshal, including, but not limited to, enforcement of	36768
Chapters 3731., 3737., and 3743. of the Revised Code, fire	36769
inspection, fire code enforcement, fire investigation, and fire	36770
prevention, or the regulation of underground storage tank systems	36771
as defined in section 3737.87 of the Revised Code.	36772

(B) "Consumer goods" means any item sold, leased, or rented	36773
primarily for personal or household use.	36774

(C) "Fire agency" means any state or local fire service or	36775
agency whose function is to examine the property of another person	36776
for the purpose of identifying fire safety hazards.	36777

(D) "Fire safety inspector" means any person who is a member	36778
of the civil service, as defined in section 124.01 of the Revised	36779
Code, or who is employed by or voluntarily serves a village or	36780
township, and who examines the property of another person for the	36781
purpose of identifying fire safety hazards.	36782

(E) "Person," in addition to the meaning in section 1.59 of	36783
the Revised Code, means the state and any political subdivision of	36784
the state, and any other entity, public or private.	36785

(F) "Responsible person" means the person responsible for	36786
compliance with the state fire code, including, but not limited	36787
to, the owner, lessee, agent, operator, or occupant of a building,	36788
premises, or vehicle.	36789

Sec. 3737.02.  (A) The fire marshal may collect fees to cover	36790
the costs of performing inspections and other duties that the fire	36791
marshal is authorized or required by law to perform. Except as	36792
provided in division (B) of this section, all fees collected by	36793
the fire marshal shall be deposited to the credit of the fire	36794
marshal's fund.	36795

(B) Fees collected under sections 3737.88 and 3737.881 of the	36796
Revised Code for operation of the underground storage tank and	36797
underground storage tank installer certification programs, moneys	36798
recovered under section 3737.89 of the Revised Code for the	36799
state's costs of undertaking corrective or enforcement actions	36800
under that section or section 3737.882 of the Revised Code, and	36801
fines and penalties collected under section 3737.882 of the	36802
Revised Code shall be credited to the underground storage tank	36803
administration fund, which is hereby created in the state	36804
treasury. All interest earned on moneys credited to the	36805
underground storage tank administration fund shall be credited to	36806
the fund. Moneys credited to the underground storage tank	36807
administration fund shall be used by the fire marshal	36808
superintendent of industrial compliance for implementation and	36809
enforcement of underground storage tank, corrective action, and	36810
installer certification programs under sections 3737.88 to 3737.89	36811
of the Revised Code.	36812

(C) The fire marshalsuperintendent shall take all actions	36813
necessary to obtain any federal funding available to carry out the	36814
fire marshal'ssuperintendent's responsibilities under sections	36815
3737.88 to 3737.89 of the Revised Code and federal laws regarding	36816
the cleaning up of releases of petroleum, as "release" is defined	36817
in section 3737.87 of the Revised Code, including, without	36818
limitation, any federal funds that are available to reimburse the	36819
state for the costs of undertaking corrective actions for such	36820
releases of petroleum. The state may, when appropriate, return to	36821
the United States any federal funds recovered under sections	36822
3737.882 and 3737.89 of the Revised Code.	36823

Sec. 3737.03.  The state fire commission may do all of the	36824
following:	36825

(A) Conduct research, make and publish reports on fire	36826
safety, and recommend to the governor, the general assembly, the	36827
board of building and fire standards, and other state agencies,	36828
any needed changes in the laws, rules, or administrative policies	36829
relating to fire safety;	36830

(B) Recommend revisions in the rules included in the state	36831
fire code adopted by the fire marshal. The recommendations may	36832
propose the adoption of new rules or the amendment or repeal of	36833
existing rules. The commission shall file its recommendations in	36834
the office of the fire marshal, and, within sixty days after the	36835
recommendations are filed, the fire marshal shall file with the	36836
chairperson of the commission the fire marshal's comments on, and	36837
proposed action in response to, the recommendations.	36838

(C) Maintain the Ohio fire service hall of fame. In	36839
maintaining the hall of fame, the commission shall keep official	36840
commendations that recognize and commemorate exemplary	36841
accomplishments and acts of heroism by firefighters and other	36842
persons at fire-related incidents or similar events occurring in	36843
the state. The commission may adopt criteria and guidelines for	36844
selecting individuals for that recognition and commemoration. The	36845
recognition and commemoration of individuals may occur annually	36846
and include an annual awards ceremony. The expenses associated	36847
with the recognition and commemoration of individuals shall be	36848
paid in accordance with division (F) of section 3737.81 of the	36849
Revised Code.	36850

Sec. 3737.21.  (A) The director of the department of commerce	36851
public safety shall appoint, from names submitted to the director	36852
by the state fire commission, a fire marshal, who shall serve at	36853
the pleasure of the director and shall possess the following	36854
qualifications:	36855

(1) A degree from an accredited college or university with	36856
specialized study in either the field of fire protection or fire	36857
protection engineering, or the equivalent qualifications	36858
determined from training, experience, and duties in a fire	36859
service;	36860

(2) Five years of recent, progressively more responsible	36861
experience in fire inspection, fire code enforcement, fire	36862
investigation, fire protection engineering, teaching of fire	36863
safety engineering, or fire fighting.	36864

(B) When a vacancy occurs in the position of fire marshal,	36865
the director shall notify the state fire commission. The	36866
commission shall communicate the fact of the vacancy by regular	36867
mail to all fire chiefs and fire protection engineers known to the	36868
commission, or whose identity may be ascertained by the commission	36869
by the exercise of due diligence. The commission, no earlier than	36870
thirty days after mailing the notification, shall compile a list	36871
of all applicants for the position of fire marshal who are	36872
qualified under this section. The commission shall submit the	36873
names of at least three persons on the list to the director. The	36874
director shall appoint the fire marshal from the list of at least	36875
three names or may request the commission to submit additional	36876
names.	36877

Sec. 3737.22.  (A) The fire marshal shall do all of the	36878
following:	36879

(1) Adopt the state fire code under sections 3737.82 to	36880
3737.86 of the Revised Coderules necessary to carry out the duty	36881
imposed by division (A)(2) of this section;	36882

(2) Enforce the state fire code;

36883

(3) Appoint assistant fire marshals who are authorized to	36884
enforce the state fire code;	36885

(4) Conduct investigations into the cause, origin, and	36886
circumstances of fires and explosions, and assist in the	36887
prosecution of persons believed to be guilty of arson or a similar	36888
crime;	36889

(5) Compile statistics concerning loss due to fire and	36890
explosion as the fire marshal considers necessary, and consider	36891
the compatibility of the fire marshal's system of compilation with	36892
the systems of other state and federal agencies and fire marshals	36893
of other states;	36894

(6) Engage in research on the cause and prevention of losses	36895
due to fire and explosion;	36896

(7) Engage in public education and informational activities	36897
which will inform the public of fire safety information;	36898

(8) Operate a fire training academy and forensic laboratory;

36899

(9) Conduct other fire safety and fire fighting training	36900
activities for the public and groups as will further the cause of	36901
fire safety;	36902

(10) Conduct licensing examinations, and issue permits,	36903
licenses, and certificates, as authorized by the Revised Code;	36904

(11) Conduct tests of fire protection systems and devices,	36905
and fire fighting equipment to determine compliance with the state	36906
fire code, unless a building is insured against the hazard of	36907
fire, in which case such tests may be performed by the company	36908
insuring the building;	36909

(12) Establish and collect fees for conducting licensing	36910
examinations and for issuing permits, licenses, and certificates;	36911

(13) Make available for the prosecuting attorney and an	36912
assistant prosecuting attorney from each county of this state, in	36913
accordance with section 3737.331 of the Revised Code, a seminar	36914
program, attendance at which is optional, that is designed to	36915
provide current information, data, training, and techniques	36916
relative to the prosecution of arson cases;	36917

(14) Administer and enforce Chapter 3743. of the Revised	36918
Code;	36919

(15) Develop a uniform standard for the reporting of	36920
information required to be filed under division (E)(4) of section	36921
2921.22 of the Revised Code, and accept the reports of the	36922
information when they are filed.	36923

(B) The fire marshal shall appoint a chief deputy fire	36924
marshal, and shall employ professional and clerical assistants as	36925
the fire marshal considers necessary. The chief deputy shall be a	36926
competent former or current member of a fire agency and possess	36927
five years of recent, progressively more responsible experience in	36928
fire inspection, fire code enforcement, and fire code management.	36929
The chief deputy, with the approval of the director of commerce	36930
public safety, shall temporarily assume the duties of the fire	36931
marshal when the fire marshal is absent or temporarily unable to	36932
carry out the duties of the office. When there is a vacancy in the	36933
office of fire marshal, the chief deputy, with the approval of the	36934
director of commercepublic safety, shall temporarily assume the	36935
duties of the fire marshal until a new fire marshal is appointed	36936
under section 3737.21 of the Revised Code.	36937

All employees, other than the fire marshal; the chief deputy	36938
fire marshal; the superintendent of the Ohio fire academy; the	36939
grants administrator; the fiscal officer; the executive secretary	36940
to the fire marshal; legal counsel; the pyrotechnics	36941
administrator, the chief of the forensic laboratory; the person	36942
appointed by the fire marshal to serve as administrator over	36943
functions concerning testing, license examinations, and the	36944
issuance of permits and certificates; and the chiefs of the	36945
bureaus of fire prevention, of fire and explosion investigation,	36946
and of code enforcement, and of underground storage tanks shall be	36947
in the classified civil service. The fire marshal shall authorize	36948
the chief deputy and other employees under the fire marshal's	36949
supervision to exercise powers granted to the fire marshal by law	36950
as may be necessary to carry out the duties of the fire marshal's	36951
office.	36952

(C) The fire marshal shall create, in and as a part of the	36953
office of fire marshal, a fire and explosion investigation bureau	36954
consisting of a chief of the bureau and additional assistant fire	36955
marshals as the fire marshal determines necessary for the	36956
efficient administration of the bureau. The chief shall be	36957
experienced in the investigation of the cause, origin, and	36958
circumstances of fires, and in administration, including the	36959
supervision of subordinates. The chief, among other duties	36960
delegated to the chief by the fire marshal, shall be responsible,	36961
under the direction of the fire marshal, for the investigation of	36962
the cause, origin, and circumstances of fires and explosions in	36963
the state, and for assistance in the prosecution of persons	36964
believed to be guilty of arson or a similar crime.	36965

(D)(1) The fire marshal shall create, as part of the office	36966
of fire marshal, a bureau of code enforcement consisting of a	36967
chief of the bureau and additional assistant fire marshals as the	36968
fire marshal determines necessary for the efficient administration	36969
of the bureau. The chief shall be qualified, by education or	36970
experience, in fire inspection, fire code development, fire code	36971
enforcement, or any other similar field determined by the fire	36972
marshal, and in administration, including the supervision of	36973
subordinates. The chief is responsible, under the direction of the	36974
fire marshal, for fire inspection, fire code development, fire	36975
code enforcement, and any other duties delegated to the chief by	36976
the fire marshal.	36977

(2) The fire marshal, the chief deputy fire marshal, the	36978
chief of the bureau of code enforcement, or any assistant fire	36979
marshal under the direction of the fire marshal, the chief deputy	36980
fire marshal, or the chief of the bureau of code enforcement may	36981
cause to be conducted the inspection of all buildings, structures,	36982
and other places, the condition of which may be dangerous from a	36983
fire safety standpoint to life or property, or to property	36984
adjacent to the buildings, structures, or other places.	36985

(E) The fire marshal shall create, as a part of the office of	36986
fire marshal, a bureau of fire prevention consisting of a chief of	36987
the bureau and additional assistant fire marshals as the fire	36988
marshal determines necessary for the efficient administration of	36989
the bureau. The chief shall be qualified, by education or	36990
experience, to promote programs for rural and urban fire	36991
prevention and protection. The chief, among other duties delegated	36992
to the chief by the fire marshal, is responsible, under the	36993
direction of the fire marshal, for the promotion of rural and	36994
urban fire prevention and protection through public information	36995
and education programs.	36996

(F) The fire marshal shall cooperate with the director of job	36997
and family services when the director adopts rules under section	36998
5104.052 of the Revised Code regarding fire prevention and fire	36999
safety in certified type B family day-care homes, as defined in	37000
section 5104.01 of the Revised Code, recommend procedures for	37001
inspecting type B homes to determine whether they are in	37002
compliance with those rules, and provide training and technical	37003
assistance to the director and county directors of job and family	37004
services on the procedures for determining compliance with those	37005
rules.	37006

(G) The fire marshal, upon request of a provider of child	37007
day-care in a type B home that is not certified by the county	37008
director of job and family services, as a precondition of approval	37009
by the state board of education under section 3313.813 of the	37010
Revised Code for receipt of United States department of	37011
agriculture child and adult care food program funds established	37012
under the "National School Lunch Act," 60 Stat. 230 (1946), 42	37013
U.S.C. 1751, as amended, shall inspect the type B home to	37014
determine compliance with rules adopted under section 5104.052 of	37015
the Revised Code regarding fire prevention and fire safety in	37016
certified type B homes. In municipal corporations and in townships	37017
where there is a certified fire safety inspector, the inspections	37018
shall be made by that inspector under the supervision of the fire	37019
marshal, according to rules adopted under section 5104.052 of the	37020
Revised Code. In townships outside municipal corporations where	37021
there is no certified fire safety inspector, inspections shall be	37022
made by the fire marshal.	37023

(H) The fire marshal may grant a variance to any provision of	37024
the state fire code upon written application by an affected party	37025
and upon demonstration by that party of both of the following:	37026

(1) That a literal enforcement of the provision will result	37027
in an unnecessary hardship to the party;	37028

(2) Either that the variance will not threaten the public	37029
health, safety, or welfare or that the party will provide measures	37030
to protect the public health, safety, and welfare that are	37031
substantially equivalent to the measures otherwise required under	37032
the state fire code.	37033

Sec. 3737.65.  (A) No person shall sell, offer for sale, or	37034
use any fire protection or fire fighting equipment that does not	37035
meet the minimum standards established by the fire marshal in the	37036
state fire code.	37037

(B) Except for public and private mobile fire trucks, no	37038
person shall service, test, repair, or install for profit any fire	37039
protection or fire fighting equipment without a certificate or a	37040
provisional certificate issued by the fire marshal.	37041

(C) The fire marshal shall not issue a provisional	37042
certificate pursuant to division (B) of this section to any	37043
individual who is not enrolled in a bona fide apprenticeship	37044
training program registered with the apprenticeship council	37045
pursuant to section 4139.05 of the Revised Code or with the bureau	37046
of apprenticeship and training of the United States department of	37047
labor. A provisional certificate issued pursuant to this section	37048
authorizes an individual to engage in the activities permitted	37049
under division (B) of this section only if the individual:	37050

(1) Remains enrolled in such an apprenticeship training	37051
program; and	37052

(2) Is directly supervised by an individual who possesses a	37053
valid and current certificate issued pursuant to division (B) of	37054
this section for the activities in which the individual issued the	37055
provisional certificate is engaged and the certified individual	37056
directly supervising the individual issued the provisional	37057
certificate only supervises one provisional certificate holder.	37058

Sec. 3737.71.  Each insurance company doing business in this	37059
state shall pay to the state in installments, at the time of	37060
making the payments required by section 5729.05 of the Revised	37061
Code, in addition to the taxes required to be paid by it,	37062
three-fourths of one per cent on the gross premium receipts	37063
derived from fire insurance and that portion of the premium	37064
reasonably allocable to insurance against the hazard of fire	37065
included in other coverages except life and sickness and accident	37066
insurance, after deducting return premiums paid and considerations	37067
received for reinsurances as shown by the annual statement of such	37068
company made pursuant to sections 3929.30, 3931.06, and 5729.02 of	37069
the Revised Code. The money received shall be paid into the state	37070
treasury to the credit of the state fire marshal's fund, which is	37071
hereby created. The fund shall be used for the maintenance and	37072
administration of the office of the fire marshal and the Ohio fire	37073
academy established by section 3737.33 of the Revised Code. If the	37074
director of commercepublic safety certifies to the director of	37075
budget and management that the cash balance in the state fire	37076
marshal's fund is in excess of the amount needed to pay ongoing	37077
operating expenses, the director may use the excess amount to	37078
acquire by purchase, lease, or otherwise, real property or	37079
interests in real property to be used for the benefit of the	37080
office of the state fire marshal, or to construct, acquire,	37081
enlarge, equip, furnish, or improve the fire marshal's office	37082
facilities or the facilities of the Ohio fire academy. The state	37083
fire marshal's fund shall be assessed a proportionate share of the	37084
administrative costs of the department of commercepublic safety	37085
in accordance with procedures prescribed by the director of	37086
commercepublic safety and approved by the director of budget and	37087
management. Such assessment shall be paid from the state fire	37088
marshal's fund to the division of administration fundcredit of	37089
the highway safety fund created by section 4501.06 of the Revised	37090
Code and shall be subject to appropriation solely for the expense	37091
of operation and maintenance of the department of public safety.	37092

Sec. 3737.81.  (A) There is hereby created within the	37093
department of public safety the state fire commission consisting	37094
of ten members to be appointed by the governor with the advice and	37095
consent of the senate. The fire marshal or chief deputy fire	37096
marshal, a representative designated by the department of public	37097
safety who has tenure in fire suppression, and a representative	37098
designated by the board of building standards shall be ex officio	37099
members. Of the initial appointments made to the commission, two	37100
shall be for a term ending one year after November 1, 1978, two	37101
shall be for a term ending two years after that date, two shall be	37102
for a term ending three years after that date, two shall be for a	37103
term ending four years after that date, and two shall be for a	37104
term ending five years after that date. Thereafter, terms of	37105
office shall be for five years, each term ending on the same day	37106
of the same month of the year as did the term which it succeeds.	37107
Each member shall hold office from the date of appointment until	37108
the end of the term for which the member was appointed. Any member	37109
appointed to fill a vacancy occurring prior to the expiration of	37110
the term for which the member's predecessor was appointed shall	37111
hold office for the remainder of that term. Any member shall	37112
continue in office subsequent to the expiration date of the	37113
member's term until a successor takes office, or until a period of	37114
sixty days has elapsed, whichever occurs first. Members shall be	37115
qualified by experience and training to deal with the matters that	37116
are the responsibility of the commission. Two members shall be	37117
members of paid fire services, one shall be a member of volunteer	37118
fire services, two shall be mayors, managers, or members of	37119
legislative authorities of municipal corporations, one shall	37120
represent commerce and industry, one shall be a representative of	37121
a fire insurance company domiciled in this state, one shall	37122
represent the flammable liquids industry, one shall represent the	37123
construction industry, and one shall represent the public. At no	37124
time shall more than six members be members of or associated with	37125
the same political party. Membership on the commission shall not	37126
constitute holding a public office, and no person shall forfeit or	37127
otherwise vacate the person's office or position of employment	37128
because of membership on the commission.	37129

(B) The ex officio members may not vote, except that the fire	37130
marshal or chief deputy fire marshal may vote in case of a tie.	37131

(C) Each member of the commission, other than ex officio	37132
members, shall be paid an amount equal to that payable under pay	37133
range 32 (S)(D) fixed pursuant to division (J) of section 124.15	37134
of the Revised Code, and the member's actual and necessary	37135
expenses.	37136

(D) The commission shall select a chairperson and a	37137
vice-chairperson from among its members. No business may be	37138
transacted in the absence of a quorum. A quorum shall be at least	37139
six members, excluding ex officio members, and shall include	37140
either the chairperson or vice-chairperson. The commission shall	37141
hold regular meetings at least once every two months and may meet	37142
at any other time at the call of the chairperson.	37143

(E) The fire marshal shall provide the commission with office	37144
space, meeting rooms, staff, and clerical assistance necessary for	37145
the commission to perform its duties. If the commission maintains	37146
the Ohio fire service hall of fame under division (C)(B) of	37147
section 3737.03 of the Revised Code, the fire marshal shall	37148
preserve, in an appropriate manner, in the office space or meeting	37149
rooms provided to the commission under this division or in another	37150
location, copies of all official commendations awarded to	37151
individuals recognized and commemorated for their exemplary	37152
accomplishments and acts of heroism at fire-related incidents or	37153
similar events that occurred in this state.	37154

(F) If the commission maintains the Ohio fire service hall of	37155
fame under division (C)(B) of section 3737.03 of the Revised Code,	37156
the expenses incurred for the recognition and commemoration of	37157
individuals for their exemplary accomplishments and acts of	37158
heroism at fire-related incidents or similar events that occurred	37159
in this state, including, but not limited to, expenses for	37160
official commendations and an annual awards ceremony as described	37161
in division (C)(B) of section 3737.03 of the Revised Code, may be	37162
paid from moneys appropriated by the general assembly for purposes	37163
of that recognition and commemoration, from moneys that are	37164
available to the fire marshal under this chapter, or from other	37165
funding sources available to the commission.	37166

Sec. 3737.82.  The fire marshalboard of building and fire	37167
standards shall adopt a state fire code which shall consist of	37168
rules relating to all aspects of fire safety. The rules shall be	37169
the minimum standards for safeguarding life and property from fire	37170
and explosion, and the fire marshalboard may, in adopting these	37171
rules, incorporate by reference existing published standards as	37172
well as amendments thereto subsequently published by the same	37173
authority. The fire code shall include, but not be limited to,	37174
rules relating to the movable contents of any building, or class	37175
of buildings, the transportation, storage, location, and use of	37176
flammable or explosive materials, the procedures to be employed by	37177
persons in the event of fire, the installation and location of	37178
fire protection equipment, and other similar matters. The fire	37179
code may contain rules applicable to particular classes of	37180
existing buildings or structures as the use and occupancy of such	37181
buildings or structures suggest are necessary. The fire marshal	37182
board may amend, modify, or repeal any rule of the state fire	37183
code.	37184

Sec. 3737.83.  The fire marshalboard of building and fire	37185
standards shall, as part of the state fire code, adopt rules to:	37186

(A) Establish minimum standards of performance for fire	37187
protection equipment and fire fighting equipment;	37188

(B) Establish minimum standards of training, fix minimum	37189
qualifications, and require certificates for all persons who	37190
engage in the business for profit of installing, testing,	37191
repairing, or maintaining fire protection equipment;	37192

(C) Provide for the issuance of certificates required under	37193
division (B) of this section and establish the fees to be charged	37194
for such certificates. A certificate shall be granted, renewed, or	37195
revoked according to rules the fire marshalboard shall adopt.	37196

(D) Establish minimum standards of flammability for consumer	37197
goods in any case where the federal government or any department	37198
or agency thereof has established, or may from time to time	37199
establish standards of flammability for consumer goods. The	37200
standards established by the fire marshalboard shall be identical	37201
to the minimum federal standards.	37202

In any case where the federal government or any department or	37203
agency thereof, establishes standards of flammability for consumer	37204
goods subsequent to the adoption of a flammability standard by the	37205
fire marshalboard, standards previously adopted by the fire	37206
marshalboard shall not continue in effect to the extent such	37207
standards are not identical to the minimum federal standards.	37208

With respect to the adoption of minimum standards of	37209
flammability, this division shall supersede any authority granted	37210
a political subdivision by any other section of the Revised Code.	37211

(E) Establish minimum standards pursuant to section 5104.05	37212
of the Revised Code for fire prevention and fire safety in child	37213
day-care centers and in type A family day-care homes, as defined	37214
in section 5104.01 of the Revised Code.	37215

(F) Establish minimum standards for fire prevention and	37216
safety an adult group home seeking licensure as an adult care	37217
facility must meet under section 3722.02 of the Revised Code. The	37218
fire marshalboard shall adopt the rules under this division in	37219
consultation with the directors of health and aging and interested	37220
parties designated by the directors of health and aging.	37221

Sec. 3737.84.  (A) The state fire code adopted pursuant to	37222
sections 3737.82 and 3737.83 of the Revised Code shall not contain	37223
any provision as follows:	37224

(1) Relating to the organization or structure of a municipal	37225
or township fire department;	37226

(2) Relating to structural building requirements covered by	37227
the Ohio building code;	37228

(3) That would cause an employer, in complying with it, to be	37229
in violation of the "Occupational Safety and Health Act of 1970,"	37230
84 Stat. 1590, 29 U.S.C.A. 651, or the "Consumer Product Safety	37231
Act of 1972," 86 Stat. 1207, 15 U.S.C.A. 2051;	37232

(4) Regulating manufacturers or manufacturing facilities with	37233
respect to occupational hazards where they are subject to	37234
regulation by the federal occupational safety and health	37235
administration;	37236

(5) That is inconsistent with, or in conflict with,	37237
regulations of the federal occupational safety and health	37238
administration or the hazardous materials regulations of the	37239
hazardous materials regulations board of the federal highway	37240
administration, United States department of transportation, or the	37241
public utilities commission;	37242

(6) That establishes a minimum standard of flammability for	37243
consumer goods in any area where the "Flammable Fabrics Act," 81	37244
Stat. 568 (1967), 15 U.S.C. 1191 authorizes the federal government	37245
or any department or agency of the federal government to establish	37246
national standards of flammability for consumer goods;	37247

(7) That establishes a health or safety standard for the use	37248
of explosives in mining, for which the federal government through	37249
its authorized agency sets health or safety standards pursuant to	37250
section 6 of the "Federal Metal and Nonmetallic Mine Safety Act of	37251
1966," 80 Stat. 772, 30 U.S.C. 725, or section 101 of the "Federal	37252
Coal Mine Health and Safety Act of 1969," 83 Stat. 745, 30	37253
U.S.C.A. 811;	37254

(8) That is inconsistent with, or in conflict with, section	37255
3737.73 or Chapter 3743. of the Revised Code, or the rules adopted	37256
pursuant to that chapter;	37257

(9)(a) Restricting the dispensing of diesel fuel at a	37258
terminal or bulk plant into a motor vehicle that is transporting	37259
petroleum products or equipment essential to the operation of the	37260
terminal or bulk plant, provided that the motor vehicle is owned	37261
or leased by or operated under a contract with a person who has	37262
been issued a motor fuel dealer's license under section 5735.02 of	37263
the Revised Code;	37264

(b) Authorizing the dispensing of any petroleum products at a	37265
terminal or bulk plant from an above groundaboveground storage	37266
tank at the terminal or bulk plant to a motor vehicle other than a	37267
motor vehicle that is described in division (A)(9)(a) of this	37268
section or to a member of the general public.	37269

As used in this section, "terminal or bulk plant" means that	37270
portion of a property where petroleum products are received by	37271
tank vessels, pipelines, tank cars, or tank vehicles and are	37272
stored or blended in bulk for the purpose of distributing the	37273
petroleum products via tank vessel, pipeline, tank car, tank	37274
vehicle, portable tank, or container.	37275

(B) No penalty shall be imposed by the fire marshal or the	37276
board of building and fire standards on any person for a violation	37277
of the state fire code if a penalty has been imposed or an order	37278
issued by the federal government for a violation of a similar	37279
provision contained in or adopted pursuant to the federal acts	37280
referred to in this section, where the facts that constitute the	37281
violation of the state fire code are the same as those that	37282
constitute the violation or alleged violation of the federal act.	37283

Sec. 3737.85.  The fire marshalboard of building and fire	37284
standards shall, as part of the state fire code, adopt rules for	37285
giving notice to or serving a citation or order upon a responsible	37286
person, to assure that:	37287

(A) The owner of a building or premises receives notice	37288
before any action is taken with respect to that building or	37289
premises;	37290

(B) The person responsible by law for a violation of the	37291
state fire code receives notice of such violation;	37292

(C) The person responsible by law for any violation is given	37293
notice of and the opportunity for a hearing as provided in this	37294
chapter.	37295

Sec. 3737.86.  (A) As used in this section, "rule" includes	37296
the adoption, amendment, or repeal of any rule by the fire marshal	37297
under sections 3737.82 to, 3737.83, and 3737.86 of the Revised	37298
Code, regardless of whether or not the rule is included in the	37299
state fire code.	37300

(B) The fire marshalboard of building and fire standards	37301
shall adopt rules in accordance with Chapter 119. of the Revised	37302
Code. In adopting rules, the fire marshalboard shall consider and	37303
make appropriate findings with respect to the degree and nature of	37304
the risk of injury that the rule is designed to prevent or reduce,	37305
the approximate number of products or types or classes of products	37306
subject to the rule, the public need for the products involved,	37307
the probable effect of the rule on the utility, cost, or	37308
availability of such product, and any means of achieving the	37309
objective of the rule that will minimize adverse effects on	37310
competition or disruption or dislocation of manufacturing and	37311
other commercial practices. The minimum standards embodied in the	37312
rules shall be published in such a manner as to assure that all	37313
interested parties have a reasonable opportunity to be informed of	37314
the standards so established.	37315

(C) The fire marshal shall file a copy of the full text of	37316
any proposed rule with the chairman of the state fire commission.	37317
The fire marshal shall not adopt the proposed rule until the	37318
commission has filed in the office of the fire marshal	37319
recommendations for revisions in the proposed rule or until a	37320
period of sixty days has elapsed since the proposed rule was filed	37321
with the chairman of the commission, whichever occurs first. The	37322
fire marshal shall consider any recommendations made by the	37323
commission before adopting the proposed rule, but may accept,	37324
reject, or modify the recommendations.	37325

Sec. 3737.88.  (A)(1) The fire marshalsuperintendent of	37326
industrial compliance shall have responsibility for implementation	37327
of the underground storage tank program and corrective action	37328
program for releases from underground petroleum storage tanks	37329
established by the "Resource Conservation and Recovery Act of	37330
1976," 90 Stat. 2795, 42 U.S.C.A. 6901, as amended. To implement	37331
the program, the fire marshalsuperintendent may adopt, amend, and	37332
rescind such rules, conduct such inspections, require annual	37333
registration of underground storage tanks, issue such citations	37334
and orders to enforce those rules, and perform such other duties,	37335
as are consistent with those programs. The fire marshal	37336
superintendent, by rule, may delegate the authority to conduct	37337
inspections of underground storage tanks to certified fire safety	37338
inspectors.	37339

(2) In the place of any rules regarding release containment	37340
and release detection for underground storage tanks adopted under	37341
division (A)(1) of this section, the fire marshalsuperintendent,	37342
by rule, shall designate areas as being sensitive for the	37343
protection of human health and the environment and adopt	37344
alternative rules regarding release containment and release	37345
detection methods for new and upgraded underground storage tank	37346
systems located in those areas. In designating such areas, the	37347
fire marshalsuperintendent shall take into consideration such	37348
factors as soil conditions, hydrogeology, water use, and the	37349
location of public and private water supplies. Not later than July	37350
11, 1990, the fire marshalsuperintendent shall file the rules	37351
required under this division with the secretary of state, director	37352
of the legislative service commission, and joint committee on	37353
agency rule review in accordance with divisions (B) and (H) of	37354
section 119.03 of the Revised Code.	37355

(B) Before adopting any rule under this section or section	37356
3737.881 or 3737.882 of the Revised Code, the fire marshal	37357
superintendent shall file written notice of histhe proposed rule	37358
with the chairmanchairperson of the state fire commissionboard	37359
of building and fire standards, and, within sixty days after	37360
notice is filed, the commissionboard may file responses to or	37361
comments on and may recommend alternative or supplementary rules	37362
to the fire marshalsuperintendent. At the end of the sixty-day	37363
period or upon the filing of responses, comments, or	37364
recommendations by the commissionboard, the fire marshal	37365
superintendent may adopt the rule filed with the commissionboard	37366
or any alternative or supplementary rule recommended by the	37367
commissionboard.	37368

(C) The fire commissionboard may recommend courses of action	37369
to be taken by the fire marshalsuperintendent in carrying out his	37370
the superintendent's duties under this section. The commission	37371
board shall file its recommendations in the office of the fire	37372
marshalsuperintendent, and, within sixty days after the	37373
recommendations are filed, the fire marshalsuperintendent shall	37374
file with the chairmanchairperson of the commission hisboard the	37375
superintendent's comments on, and proposed action in response to,	37376
the recommendations.	37377

(D) For the purpose of sections 3737.87 to 3737.89 of the	37378
Revised Code, the fire marshalsuperintendent shall adopt, and may	37379
amend and rescind, rules identifying or listing hazardous	37380
substances. The rules shall be consistent with and equivalent in	37381
scope, coverage, and content to regulations identifying or listing	37382
hazardous substances adopted under the "Comprehensive	37383
Environmental Response, Compensation, and Liability Act of 1980,"	37384
94 Stat. 2779, 42 U.S.C.A. 9602, as amended, except that the fire	37385
marshalsuperintendent shall not identify or list as a hazardous	37386
substance any hazardous waste identified or listed in rules	37387
adopted under division (A) of section 3734.12 of the Revised Code.	37388

(E) Notwithstanding any provision of the laws of this state	37389
to the contrary, the fire marshal superintendent has exclusive	37390
jurisdiction to regulate the storage, treatment, and disposal of	37391
petroleum contaminated soil generated from corrective actions	37392
undertaken in response to releases of petroleum. The fire marshal	37393
superintendent may adopt, amend, or rescind such rules as hethe	37394
superintendent considers to be necessary or appropriate to	37395
regulate the storage, treatment, or disposal of petroleum	37396
contaminated soil so generated.	37397

(F) The fire marshalsuperintendent shall adopt, amend, and	37398
rescind rules under sections 3737.88 to 3737.882 of the Revised	37399
Code in accordance with Chapter 119. of the Revised Code.	37400

Sec. 3737.881.  (A) The fire marshalsuperintendent of	37401
industrial compliance shall certify underground storage tank	37402
systems installers who meet the standards for certification	37403
established in rules adopted under division (D)(1) of this	37404
section, pass the certification examination required by this	37405
division, and pay the certificate fee established in rules adopted	37406
under division (D)(5) of this section. Any individual who wishes	37407
to obtain certification as an installer shall apply to the fire	37408
marshalsuperintendent on a form prescribed by the fire marshal	37409
superintendent. The application shall be accompanied by the	37410
application and examination fees established in rules adopted	37411
under division (D)(5) of this section.	37412

The fire marshalsuperintendent shall prescribe an	37413
examination designed to test the knowledge of applicants for	37414
certification as underground storage tank system installers in the	37415
installation, repair, abandonment, and removal of those systems.	37416
The examination shall also test the applicants' knowledge and	37417
understanding of the requirements and standards established in	37418
rules adopted under sections 3737.88 and 3737.882 of the Revised	37419
Code pertaining to the installation, repair, abandonment, and	37420
removal of those systems.	37421

Installer certifications issued under this division shall be	37422
renewed annually, upon submission of a certification renewal form	37423
prescribed by the fire marshalsuperintendent, provision of proof	37424
of successful completion of continuing education requirements, and	37425
payment of the certification renewal fee established in rules	37426
adopted under division (D)(5) of this section. In addition, the	37427
fire marshalsuperintendent may from time to time prescribe an	37428
examination for certification renewal and may require applicants	37429
to pass the examination and pay the fee established for it in	37430
rules adopted under division (D)(5) of this section.	37431

The fire marshalsuperintendent may, in accordance with	37432
Chapter 119. of the Revised Code, deny, suspend, revoke, or refuse	37433
to renew an installer's certification or renewal thereof if he	37434
findsafter finding that any of the following applies:	37435

(1) The applicant for certification or certificate holder	37436
fails to meet the standards for certification or renewal thereof	37437
under this section and rules adopted under it;	37438

(2) The certification was obtained through fraud or	37439
misrepresentation;	37440

(3) The certificate holder recklessly caused or permitted a	37441
person under histhe certificate holder's supervision to install,	37442
perform major repairs on site to, abandon, or remove an	37443
underground storage tank system in violation of the performance	37444
standards set forth in rules adopted under section 3737.88 or	37445
3737.882 of the Revised Code.	37446

As used in division (A)(3) of this section, "recklessly" has	37447
the same meaning as in section 2901.22 of the Revised Code.	37448

(B) The fire marshalsuperintendent shall certify persons who	37449
sponsor training programs for underground storage tank system	37450
installers who meet the criteria for certification established in	37451
rules adopted by the fire marshalsuperintendent under division	37452
(D)(4) of this section and pay the certificate fee established in	37453
rules adopted under division (D)(5) of this section. Any person	37454
who wishes to obtain certification to sponsor such a training	37455
program shall apply to the fire marshalsuperintendent on a form	37456
prescribed by himthe superintendent. Training program	37457
certificates issued under this division shall expire annually.	37458
Upon submission of a certification renewal application form	37459
prescribed by the fire marshalsuperintendent and payment of the	37460
application and certification renewal fees established in rules	37461
adopted under division (D)(5) of this section, the fire marshal	37462
superintendent shall issue a training program renewal certificate	37463
to the applicant.	37464

The fire marshalsuperintendent may, in accordance with	37465
Chapter 119. of the Revised Code, deny an application for,	37466
suspend, or revoke a training program certificate or renewal	37467
thereof if he findsafter finding that the training program does	37468
not or will not meet the standards for certification established	37469
in rules adopted under division (D)(4) of this section.	37470

(C) The fire marshalsuperintendent may conduct or cause to	37471
be conducted training programs for underground storage tank	37472
systems installers as hethe superintendent considers to be	37473
necessary or appropriate. The fire marshalsuperintendent is not	37474
subject to division (B) of this section with respect to training	37475
programs conducted by employees of the office of the fire marshal	37476
superintendent.	37477

(D) The fire marshalsuperintendent shall adopt, and may	37478
amend and rescind, rules doing all of the following:	37479

(1) Defining the activities that constitute supervision over	37480
the installation, performance of major repairs on site to,	37481
abandonment of, and removal of underground storage tank systems;	37482

(2) Establishing standards and procedures for certification	37483
of underground storage tank systems installers;	37484

(3) Establishing standards and procedures for continuing	37485
education for certification renewal;	37486

(4) Establishing standards and procedures for certification	37487
of training programs for installers;	37488

(5) Establishing fees for applications for certifications	37489
under this section, the examinations prescribed under division (A)	37490
of this section, the issuance and renewal of certificates under	37491
divisions (A) and (B) of this section, and attendance at training	37492
programs conducted by the fire marshalsuperintendent under	37493
division (C) of this section. Fees received under this section	37494
shall be credited to the underground storage tank administration	37495
fund created in section 3737.02 of the Revised Code and shall be	37496
used to defray the costs of implementing, administering, and	37497
enforcing this section and the rules adopted thereunder,	37498
conducting training sessions, and facilitating prevention of	37499
releases.	37500

(6) That are necessary or appropriate for the implementation,	37501
administration, and enforcement of this section.	37502

(E) Nothing in this section or the rules adopted under it	37503
prohibits an owner or operator of an underground storage tank	37504
system from installing, making major repairs on site to,	37505
abandoning, or removing an underground storage tank system under	37506
the supervision of an installer certified under division (A) of	37507
this section who is a full-time or part-time employee of the owner	37508
or operator.	37509

(F) On and after the date one hundred eighty days after the	37510
effective date of this sectionJanuary 7, 1990, no person shall do	37511
any of the following:	37512

(1) Install, make major repairs on site to, abandon, or	37513
remove an underground storage tank system unless the activity is	37514
performed under the supervision of a qualified individual who	37515
holds a valid installer certificate issued under division (A) of	37516
this section;	37517

(2) Act in the capacity of providing supervision for the	37518
installation of, performance of major repairs on site to,	37519
abandonment of, or removal of an underground storage tank system	37520
unless the person holds a valid installer certificate issued under	37521
division (A) of this section;	37522

(3) Except as provided in division (C) of this section,	37523
sponsor a training program for underground storage tank systems	37524
installers unless the person holds a valid training program	37525
certificate issued under division (B) of this section.	37526

Sec. 3737.882.  (A) If, after an examination or inspection,	37527
the fire marshalsuperintendent of industrial compliance or anthe	37528
superintendent's assistant fire marshal finds that a release of	37529
petroleum is suspected, the fire marshalsuperintendent shall take	37530
such action as the fire marshalsuperintendent considers necessary	37531
to ensure that a suspected release is confirmed or disproved and,	37532
if the occurrence of a release is confirmed, to correct the	37533
release. These actions may include one or more of the following:	37534

(1) Issuance of a citation and order requiring the	37535
responsible person to undertake, in a manner consistent with the	37536
requirements of section 9003 of the "Resource Conservation and	37537
Recovery Act of 1976," 98 Stat. 3279, 42 U.S.C.A. 6991b, as	37538
amended, applicable regulations adopted thereunder, and rules	37539
adopted under division (B) of this section, such actions as are	37540
necessary to protect human health and the environment, including,	37541
without limitation, the investigation of a suspected release.	37542

(2) Requesting the attorney general to bring a civil action	37543
for appropriate relief, including a temporary restraining order or	37544
preliminary or permanent injunction, in the court of common pleas	37545
of the county in which a suspected release is located or in which	37546
the release occurred, to obtain the corrective action necessary to	37547
protect human health and the environment. In granting any such	37548
relief, the court shall ensure that the terms of the temporary	37549
restraining order or injunction are sufficient to provide	37550
comprehensive corrective action to protect human health and the	37551
environment.	37552

(3) Entry onto premises and undertaking corrective action	37553
with respect to a release of petroleum if, in the fire marshal's	37554
superintendent's judgment, such action is necessary to protect	37555
human health and the environment. Any corrective action undertaken	37556
by the fire marshalsuperintendent or the superintendent's	37557
assistant fire marshal under division (A)(3) of this section shall	37558
be consistent with the requirements of sections 9003 and 9005 of	37559
the "Resource Conservation and Recovery Act of 1976," 98 Stat.	37560
3279, 42 U.S.C.A. 6991b, and 98 Stat. 3284, 42 U.S.C.A. 6991e,	37561
respectively, as amended, applicable regulations adopted	37562
thereunder, and rules adopted under division (B) of this section.	37563

(B) The fire marshalsuperintendent shall adopt, and may	37564
amend and rescind, such rules as the fire marshalsuperintendent	37565
considers necessary to establish standards for corrective actions	37566
for suspected and confirmed releases of petroleum and standards	37567
for the recovery of costs incurred for undertaking corrective or	37568
enforcement actions with respect to such releases. The rules also	37569
shall include requirements for financial responsibility for the	37570
cost of corrective actions for and compensation of bodily injury	37571
and property damage incurred by third parties that are caused by	37572
releases of petroleum. Rules regarding financial responsibility	37573
shall, without limitation, require responsible persons to provide	37574
evidence that the parties guaranteeing payment of the deductible	37575
amount established under division (E) or (F) of section 3737.91 of	37576
the Revised Code are, at a minimum, secondarily liable for all	37577
corrective action and third-party liability costs incurred within	37578
the scope of the deductible amount. The rules shall be consistent	37579
with sections 9003 and 9005 of the "Resource Conservation and	37580
Recovery Act of 1976," 98 Stat. 3279, 42 U.S.C.A. 6991b, and 98	37581
Stat. 3284, 42 U.S.C.A. 6991e, respectively, as amended, and	37582
applicable regulations adopted thereunder.	37583

(C)(1) No person shall violate or fail to comply with a rule	37584
adopted under division (A) of section 3737.88 of the Revised Code	37585
or division (B) of this section, and no person shall violate or	37586
fail to comply with the terms of any order issued under division	37587
(A) of section 3737.88 of the Revised Code or division (A)(1) of	37588
this section.	37589

(2) Whoever violates division (C)(1) of this section or	37590
division (F) of section 3737.881 of the Revised Code shall pay a	37591
civil penalty of not more than ten thousand dollars for each day	37592
that the violation continues. The fire marshalsuperintendent may,	37593
by order, assess a civil penalty under this division, or the fire	37594
marshalsuperintendent may request the attorney general to bring a	37595
civil action for imposition of the civil penalty in the court of	37596
common pleas of the county in which the violation occurred. If the	37597
fire marshalsuperintendent determines that a responsible person	37598
is in violation of division (C)(1) of this section or division (F)	37599
of section 3737.881 of the Revised Code, the fire marshal	37600
superintendent may request the attorney general to bring a civil	37601
action for appropriate relief, including a temporary restraining	37602
order or preliminary or permanent injunction, in the court of	37603
common pleas of the county in which the underground storage tank	37604
or, in the case of a violation of division (F)(3) of section	37605
3737.881 of the Revised Code, the training program that is the	37606
subject of the violation is located. The court shall issue a	37607
temporary restraining order or an injunction upon a demonstration	37608
that a violation of division (C)(1) of this section or division	37609
(F) of section 3737.881 of the Revised Code has occurred or is	37610
occurring.	37611

Any action brought by the attorney general under this	37612
division is a civil action, governed by the Rules of Civil	37613
Procedure and other rules of practice and procedure applicable to	37614
civil actions.	37615

(D) Orders issued under division (A) of section 3737.88 of	37616
the Revised Code and divisions (A)(1) and (C) of this section, and	37617
appeals thereof, are subject to and governed by Chapter 3745. of	37618
the Revised Code. Such orders shall be issued without the	37619
necessity for issuance of a proposed action under that chapter.	37620
For purposes of appeals of any such orders, the term "director" as	37621
used in Chapter 3745. of the Revised Code includes the fire	37622
marshalsuperintendent and anthe superintendent's assistant fire	37623
marshal.	37624

(E) Any restrictions on the use of real property for the	37625
purpose of achieving applicable standards pursuant to rules	37626
adopted under division (B) of this section shall be contained in a	37627
deed or in another instrument that is signed and acknowledged by	37628
the property owner in the same manner as a deed. The deed or other	37629
instrument containing the restrictions shall be filed and recorded	37630
in the office of the county recorder of the county in which the	37631
property is located. Pursuant to Chapter 5309. of the Revised	37632
Code, such use restrictions in connection with registered land, as	37633
defined in section 5309.01 of the Revised Code, shall be entered	37634
as a memorial on the page of the register where the title of the	37635
owner is registered.	37636

Sec. 3737.883.  On receipt of a notice pursuant to section	37637
3123.43 of the Revised Code, the state fire marshalsuperintendent	37638
of industrial compliance shall comply with sections 3123.41 to	37639
3123.50 of the Revised Code and any applicable rules adopted under	37640
section 3123.63 of the Revised Code with respect to a certificate	37641
issued pursuant to section 3737.34, 3737.65, 3737.83, or 3737.881	37642
of the Revised Code.	37643

Sec. 3737.89.  (A) Except when a responsible person can prove	37644
that a release of petroleum was caused solely by any one or a	37645
combination of an act of God, an act of war, or an act or omission	37646
of a third party without regard to whether any such act or	37647
omission was or was not negligent, a responsible person,	37648
notwithstanding any other provision of the Revised Code or common	37649
law of this state, is strictly liable to the state for any costs	37650
incurred for any corrective or enforcement action undertaken by	37651
the fire marshalsuperintendent of industrial compliance under	37652
section 3737.882 of the Revised Code and for any costs incurred	37653
for any enforcement action undertaken by the attorney general	37654
under this section or section 3737.882 of the Revised Code with	37655
respect to a release of petroleum.	37656

The attorney general, upon the request of the fire marshal	37657
superintendent, shall bring a civil action to recover those costs	37658
in the court of common pleas of the county in which the corrective	37659
or enforcement action was undertaken.	37660

(B) If a responsible person alleges that a release of	37661
petroleum was caused solely by an act or omission of a third party	37662
or was caused solely by such an act or omission in combination	37663
with an act of God or an act of war, the responsible person shall	37664
pay to the state the cost of any corrective or enforcement action	37665
undertaken by the fire marshalsuperintendent under section	37666
3737.882 of the Revised Code and any enforcement action undertaken	37667
by the attorney general under this section or section 3737.882 of	37668
the Revised Code with respect to the release and is entitled by	37669
subrogation to all rights of the state to recover those costs from	37670
the third party under division (C) of this section. The attorney	37671
general, upon the request of the fire marshalsuperintendent,	37672
shall bring a civil action to recover payment from the responsible	37673
party for those costs in the court of common pleas of the county	37674
in which the corrective or enforcement action was undertaken.	37675

(C) If the responsible person proves that a release of	37676
petroleum was caused solely by an act or omission of a third party	37677
or by such an act or omission in combination with an act of God or	37678
an act of war, the third party, notwithstanding any other	37679
provision of the Revised Code or common law of this state, is	37680
strictly liable to the state for any costs incurred for any	37681
corrective or enforcement action undertaken by the fire marshal	37682
superintendent under section 3737.882 of the Revised Code and for	37683
any enforcement action undertaken by the attorney general under	37684
this section or section 3737.882 of the Revised Code with respect	37685
to the release. The attorney general, upon the request of the fire	37686
marshalsuperintendent or any person entitled by subrogation to	37687
the rights of the state under division (B) of this section, may	37688
bring a civil action to recover those costs in the court of common	37689
pleas of the county in which the corrective or enforcement action	37690
was undertaken.	37691

(D) No indemnification, hold harmless, or similar agreement	37692
or conveyance shall be effective to transfer from the responsible	37693
person, or from any other person who may be liable under division	37694
(C) of this section, to another person the liability imposed by	37695
this section. Nothing in this division bars either of the	37696
following:	37697

(1) Any agreement to insure, hold harmless, or indemnify a	37698
party to such an agreement for any liability under this section;	37699

(2) A cause of action that any person has or would have	37700
against any other person by reason of subrogation or otherwise.	37701

(E) Nothing in this section limits the duty of a responsible	37702
person under section 3737.882 of the Revised Code and rules	37703
adopted under it to notify the fire marshal and to take action	37704
with respect to a release of petroleum.	37705

(F) Nothing in this section limits the right of the federal	37706
government to recover from the responsible person any federal	37707
money expended for any corrective or enforcement action as a	37708
result of a release of petroleum.	37709

Sec. 3737.91.  (A) There is hereby created the petroleum	37710
underground storage tank financial assurance fund, which shall be	37711
in the custody of the treasurer of state, but is not a part of the	37712
state treasury. The fund shall consist of moneys from the	37713
following sources:	37714

(1) All fees collected under divisions (B) and (F) of this	37715
section and all supplemental fees collected under division (C) of	37716
this section;	37717

(2) Interest earned on moneys in the fund;

37718

(3) Appropriations to the fund from the general revenue fund;

37719

(4) The proceeds of revenue bonds issued under sections	37720
3737.90 to 3737.948 of the Revised Code, provided that upon	37721
resolution of the petroleum underground storage tank release	37722
compensation board created in section 3737.90 of the Revised Code,	37723
all or part of those proceeds may be deposited into a separate	37724
account of the fund. Chapters 131. and 135. of the Revised Code do	37725
not apply to the establishment, deposit, investment, application,	37726
and safeguard of any such account and moneys in any such account.	37727

(B) For the purposes of paying the costs of implementing and	37728
administering this section and sections 3737.90 and 3737.92 of the	37729
Revised Code and rules adopted under them; payment or	37730
reimbursement of corrective action costs under section 3737.92 of	37731
the Revised Code; compensating third parties for bodily injury or	37732
property damage under that section; and payment of principal and	37733
interest on revenue bonds issued under sections 3737.90 to	37734
3737.948 of the Revised Code to raise capital for the fund, there	37735
is hereby assessed an annual petroleum underground storage tank	37736
financial assurance fee on each tank comprising an underground	37737
storage tank or an underground storage tank system that contains	37738
or has contained petroleum and for which a responsible person is	37739
required to demonstrate financial responsibility by rules adopted	37740
by the fire marshalsuperintendent of industrial compliance under	37741
division (B) of section 3737.882 of the Revised Code. The fee	37742
assessed by this division shall be paid to the board by a	37743
responsible person for each tank that is subject to the fee. The	37744
fee shall be paid not later than the first day of July of each	37745
year, except that in 1989 the fee shall be paid by either the	37746
first day of September or ninety days after July 11, 1989,	37747
whichever is later. The fee is in addition to any fee established	37748
by the fire marshalsuperintendent under section 3737.88 of the	37749
Revised Code.	37750

The amount of the annual fee due in 1989 and 1990 is one	37751
hundred fifty dollars per tank per year. In 1991 and subsequent	37752
years the board shall establish the amount of the annual fee in	37753
accordance with this division. Not later than the first day of	37754
April of 1991 and each subsequent year, the board, in consultation	37755
with the administrative agent of the fund with whom the board has	37756
entered into a contract under division (B)(3) of section 3737.90	37757
of the Revised Code, if any, shall determine the amount of the	37758
annual fee to be assessed in that year and shall adopt rules in	37759
accordance with Chapter 119. of the Revised Code to establish the	37760
fee at that amount. The fee shall be established at an amount	37761
calculated to maintain the continued financial soundness of the	37762
fund, provided that if the unobligated balance of the fund exceeds	37763
forty-five million dollars on the date that an annual	37764
determination is made, the board may assess a fee in the year to	37765
which the determination applies only to the extent required in or	37766
by, or necessary to comply with covenants or other requirements	37767
in, revenue bonds issued under sections 3737.90 to 3737.948 of the	37768
Revised Code or in proceedings or other covenants or agreements	37769
related to such bonds. Not later than the first day of May of 1991	37770
and each subsequent year, the board shall notify each responsible	37771
person by certified mail of the amount of the annual fee per tank	37772
due in that year. As used in this paragraph, "proceedings" has the	37773
same meaning as in section 133.01 of the Revised Code.	37774

If a responsible person is both the owner and operator of a	37775
tank, the responsible person shall pay any annual fee assessed	37776
under this division in compliance with this division and the rules	37777
adopted thereunder. If the owner of the tank and the operator of	37778
the tank are not the same person, any annual fee assessed under	37779
this division in compliance with this division and the rules	37780
adopted thereunder shall be paid by one of the responsible	37781
persons; however, all such responsible persons are liable for	37782
noncompliance with this division.	37783

(C) As necessary to maintain the financial soundness of the	37784
fund, the board, by rules adopted in accordance with Chapter 119.	37785
of the Revised Code, may at any time assess a supplemental	37786
petroleum underground storage tank financial assurance fee on	37787
tanks subject to the fee assessed under division (B) or (F) of	37788
this section in any fiscal year in which the board finds that the	37789
unobligated balance in the fund is less than fifteen million	37790
dollars. The board, in consultation with the fund's administrative	37791
agent, if any, shall establish the amount of the supplemental fee	37792
at an amount that will ensure an unobligated balance in the fund	37793
of at least fifteen million dollars at the end of the fiscal year	37794
in which the supplemental fee is assessed. Not less than thirty	37795
days before the date on which payment of the supplemental fee is	37796
due under the board's rules, the board shall notify each	37797
responsible person by certified mail of the amount of the	37798
supplemental fee and the date on which payment of the supplemental	37799
fee to the board is due.	37800

If a responsible person is both the owner and operator of a	37801
tank, the responsible person shall pay any supplemental fee	37802
assessed under this division in compliance with this division and	37803
the rules adopted thereunder. If the owner of the tank and the	37804
operator of the tank are not the same person, any supplemental fee	37805
assessed under this division in compliance with this division and	37806
the rules adopted thereunder shall be paid by one of the	37807
responsible persons; however, all such responsible persons are	37808
liable for noncompliance with this division.	37809

(D)(1) The board shall issue a certificate of coverage to any	37810
responsible person who has complied with all of the following:	37811

(a) Paid the fee assessed under division (B) or (F) of this	37812
section;	37813

(b) Demonstrated to the board financial responsibility in	37814
compliance with the rules adopted by the fire marshal	37815
superintendent under division (B) of section 3737.882 of the	37816
Revised Code for the deductible amount established under division	37817
(E) of this section or, when appropriate, the reduced deductible	37818
amount established under division (F) of this section. If the	37819
responsible person utilizes self-insurance as a financial	37820
responsibility mechanism, the responsible person shall provide the	37821
board with an affidavit in which the responsible party certifies	37822
that all documentation submitted to the board is true and	37823
accurate;	37824

(c) Certified to the board that for each petroleum	37825
underground storage tank system for which a certificate of	37826
coverage is sought, the responsible person is in compliance with	37827
applicable rules for petroleum underground storage tank systems	37828
that have been adopted by the fire marshalsuperintendent under	37829
section 3737.88 of the Revised Code.	37830

The certificate of coverage shall state the amount of	37831
coverage to which the responsible person is entitled from the fund	37832
pursuant to division (D)(3) of this section and the time period	37833
for which the certificate provides that coverage. An issued	37834
certificate of coverage is subject to the condition that the	37835
holder timely pay any supplemental fee assessed under division (C)	37836
of this section during the time that the certificate is in effect.	37837

(2) The board shall not issue a certificate of coverage to	37838
any responsible person who fails to comply with divisions	37839
(D)(1)(a), (b), and (c) of this section.	37840

(3) The maximum disbursement from the fund for any single	37841
release of petroleum is the difference between the deductible	37842
amount established under division (E) of this section or, when	37843
appropriate, the reduced deductible amount established under	37844
division (F) of this section and one million dollars. The maximum	37845
disbursement from the fund during any fiscal year on behalf of any	37846
responsible person shall not exceed in the aggregate one million	37847
dollars less the deductible amount if the responsible person owns	37848
or operates not more than one hundred tanks comprising underground	37849
petroleum storage tanks or underground petroleum storage tank	37850
systems, shall not exceed in the aggregate two million dollars	37851
less the deductible amount if the responsible person owns or	37852
operates not more than two hundred such tanks, shall not exceed in	37853
the aggregate three million dollars less the deductible amount if	37854
the responsible person owns or operates not more than three	37855
hundred such tanks, and shall not exceed in the aggregate four	37856
million dollars less the deductible amount if the responsible	37857
person owns or operates more than three hundred such tanks. The	37858
maximum disbursement from the fund for any single release or for	37859
any fiscal year under this division does not in any manner limit	37860
the liability of a responsible person for a release of petroleum.	37861

(E)(1) Except as otherwise provided in division (F) of this	37862
section, no responsible person is eligible to receive moneys from	37863
the fund under section 3737.92 of the Revised Code until the	37864
responsible person demonstrates to the board financial	37865
responsibility for the first fifty thousand dollars of the cost	37866
for corrective action for, and compensating third parties for	37867
bodily injury and property damage caused by, accidental releases	37868
of petroleum from an underground storage tank owned or operated by	37869
the responsible party. The fifty thousand dollar amount is the	37870
deductible amount for the purposes of this section and section	37871
3737.92 of the Revised Code.	37872

(2) The board, in consultation with the fund's administrative	37873
agent, if any, may, by rules adopted in accordance with Chapter	37874
119. of the Revised Code, establish for any fiscal year a	37875
deductible amount that differs from fifty thousand dollars. The	37876
deductible amount established by the board shall be such an amount	37877
as to maintain the financial soundness of the fund. Any action of	37878
the board to establish a differing deductible amount or to alter a	37879
deductible amount previously established by it shall be taken	37880
concurrently with the establishment under division (B) of this	37881
section of the annual fee due on the first day of the fiscal year	37882
in which the deductible amount will apply. If the deductible	37883
amount established under this division differs from that in effect	37884
at the time of the board's action, the board shall notify each	37885
responsible person of the change by certified mail not later than	37886
the first day of May preceding the effective date of the change.	37887

(F)(1) Any responsible person owning, or owning or operating,	37888
a total of six or fewer petroleum underground storage tanks may	37889
elect in calendar years 1989 and 1990 to pay twice the amount of	37890
the per tank annual fee for each tank assessed under division (B)	37891
of this section in order to reduce the amount of the deductible	37892
established in division (E) of this section to the total amount of	37893
ten thousand dollars. The election shall be available only at the	37894
time of the payment of the annual fee and any supplemental fee.	37895
The election shall not be retroactively applied.	37896

(2) Any responsible person owning, or owning or operating, a	37897
total of six or fewer petroleum underground storage tanks may	37898
elect in calendar year 1991 and in each subsequent year to pay an	37899
additional fee at an amount established by the board in addition	37900
to the per tank annual fee assessed under division (B) of this	37901
section in order to reduce the deductible amount established under	37902
division (E) of this section. In calendar year 1991 and in each	37903
subsequent year, the board shall establish the amount of the	37904
additional fee and the reduced deductible amount. In determining	37905
the amount of the additional fee and the reduced deductible	37906
amount, the board shall take into consideration the effect of the	37907
additional claims paid under section 3737.92 of the Revised Code	37908
to responsible persons making an election under division (F)(2) of	37909
this section and balance that consideration with such factors as	37910
the availability of liability insurance, the difficulty of proving	37911
financial responsibility pursuant to the rules adopted by the fire	37912
marshalsuperintendent under division (B) of section 3737.882 of	37913
the Revised Code, and the hardship created on small owners and	37914
operators of petroleum underground storage tanks by an increase in	37915
either the additional fee or the reduced deductible amount.	37916

(3) Any responsible person owning, or owning or operating, a	37917
total of six or fewer petroleum underground storage tanks who	37918
elects to pay the additional fee under divisions (F)(1) and (2) of	37919
this section shall pay any per tank supplemental fee assessed	37920
under division (C) of this section.	37921

(G) If the director of the fund determines that a responsible	37922
person has failed to comply with division (B), (C), or (F) of this	37923
section, the director of the fund shall notify each responsible	37924
person for the petroleum underground storage tank of the	37925
noncompliance. If, within thirty days after the notification, the	37926
responsible person fails to pay the applicable fee or any fee	37927
previously assessed upon the responsible person under this	37928
section, the director of the fund shall issue an order requiring	37929
the responsible person to pay all of the fees the responsible	37930
person owes to the fund and an additional late payment fee in the	37931
amount of one thousand dollars to the fund.	37932

If a responsible person fails to comply with any order of the	37933
director of the fund within thirty days after the issuance of the	37934
order, the director shall notify the fire marshalsuperintendent	37935
of that noncompliance. Upon the request of the director of the	37936
fund, the attorney general may bring a civil action for	37937
appropriate relief, including a temporary restraining order or	37938
preliminary or permanent injunction, in the court of common pleas	37939
of the county in which the petroleum underground storage tank that	37940
is the subject of the order is located. The court shall issue an	37941
injunction upon a demonstration that a failure to comply with the	37942
director's order has occurred or is occurring.	37943

Any orders issued by the director of the fund under this	37944
division may be appealed by the responsible person under division	37945
(F) of section 3737.92 of the Revised Code. For the purpose of an	37946
appeal of any order of the director of the fund, "determination"	37947
as used in that division includes any order of the director of the	37948
fund. The filing of a notice of appeal under this division does	37949
not operate as a stay of any order of the director of the fund.	37950

Sec. 3737.92.  (A) The petroleum underground storage tank	37951
release compensation board created in section 3737.90 of the	37952
Revised Code shall use moneys in the petroleum underground storage	37953
tank financial assurance fund established in section 3737.91 of	37954
the Revised Code exclusively for the following purposes:	37955

(1) Payment of the expenses of administering the fund;

37956

(2) Payment of the administrative expenses of the board;

37957

(3) Payment to or reimbursement of responsible persons for	37958
the necessary cost of corrective action for and compensating third	37959
parties for bodily injury and property damage caused by accidental	37960
releases of petroleum in accordance with this section, provided	37961
that proceeds from the issuance of revenue bonds under sections	37962
3737.90 to 3737.948 of the Revised Code may only be used for the	37963
payment to or reimbursement of responsible persons for the	37964
necessary costs of corrective action for improving property	37965
damaged by accidental releases of petroleum in accordance with	37966
this section;	37967

(4) Deposit into any funds provided for in a resolution or	37968
resolutions of the board in connection with any revenue bonds	37969
issued under sections 3737.90 to 3737.948 of the Revised Code;	37970

(5) Placement of petroleum underground storage tank linked	37971
deposits under sections 3737.95 to 3737.98 of the Revised Code.	37972

(B) A responsible person seeking to obtain from the fund	37973
payment of or reimbursement for corrective action costs for an	37974
accidental release of petroleum shall submit a claim to the board	37975
in accordance with and containing the information required by	37976
rules adopted by the board in accordance with Chapter 119. of the	37977
Revised Code. Before authorizing any disbursement from the fund to	37978
pay all or any portion of a claim submitted under this division,	37979
the director of the fund shall first determine that the claim	37980
meets all of the following criteria:	37981

(1) The responsible person is eligible under division (D) of	37982
this section to receive payment of or reimbursement for the	37983
corrective action costs from the fund;	37984

(2) The corrective action performed or to be performed has	37985
been authorized by the fire marshalsuperintendent of industrial	37986
compliance under section 3737.882 of the Revised Code and rules	37987
adopted under that section;	37988

(3) The costs of performing the corrective action are	37989
necessary to comply with the rules of the fire marshal	37990
superintendent adopted under sections 3737.88 and 3737.882 of the	37991
Revised Code governing corrective actions.	37992

(C) A responsible person seeking to obtain from the fund	37993
payment of or reimbursement for compensation paid or to be paid to	37994
third parties for bodily injury or property damage caused by an	37995
accidental release of petroleum shall submit a claim to the board	37996
in accordance with and containing the information required by	37997
rules adopted by the board in accordance with Chapter 119. of the	37998
Revised Code. Before authorizing any disbursement from the fund to	37999
pay all or any portion of a claim submitted under this division,	38000
the director of the fund shall first determine that the claim	38001
meets both of the following criteria:	38002

(1) The responsible person who submitted the claim is	38003
eligible under division (D) of this section to receive payment of	38004
or reimbursement for the third-party compensation from the fund;	38005

(2) There is a legally enforceable judgment against the	38006
responsible person for bodily injury or property damage to one or	38007
more third parties resulting from the release in the amount stated	38008
in the claim, or, if there is a settlement with a third party as a	38009
result of the release, the amount of the settlement stated in the	38010
claim is reasonable.	38011

(D) A responsible person is not eligible to receive payment	38012
or reimbursement from the fund under division (B) or (C) of this	38013
section unless all of the following conditions are met:	38014

(1) At the time that the release was first suspected or	38015
confirmed, a responsible person possessed a valid certificate of	38016
coverage issued by the board under division (D) of section 3737.91	38017
of the Revised Code for the petroleum underground storage tank	38018
system from which the release occurred;	38019

(2) One of the following applies:

38020

(a) The petroleum underground storage tank system from which	38021
the release occurred was registered in compliance with rules	38022
adopted by the fire marshalsuperintendent under section 3737.88	38023
of the Revised Code when the occurrence of the release was first	38024
suspected or confirmed;	38025

(b) The fire marshalsuperintendent has recommended that	38026
payment or reimbursement be made because good cause existed for	38027
the responsible person's failure to have so registered the	38028
petroleum underground storage tank system, and the responsible	38029
person has registered the petroleum underground storage tank	38030
system with the fire marshalsuperintendent and paid all back	38031
registration fees payable under those rules for registration of	38032
the system from the time the responsible person should have, but	38033
failed to register the system.	38034

(3) The fire marshalsuperintendent has determined that, when	38035
the claim was filed, a responsible person was in compliance with	38036
all orders issued under sections 3737.88 and 3737.882 of the	38037
Revised Code regarding the petroleum underground storage tank	38038
system from which the release occurred;	38039

(4) A responsible person demonstrates financial	38040
responsibility for the deductible amount applicable under section	38041
3737.91 of the Revised Code for the petroleum underground storage	38042
tank system from which the release has occurred;	38043

(5) The responsible person has not falsified any attestation	38044
contained on a registration application required by rules adopted	38045
under section 3737.88 of the Revised Code;	38046

(6) The petroleum underground storage tank system from which	38047
the release occurred was in compliance with rules, other than	38048
rules regarding registration, adopted by the fire marshal	38049
superintendent under section 3737.88 of the Revised Code when the	38050
occurrence of the release was first suspected or confirmed.	38051

(E) The director of the fund may make a determination to	38052
approve or disapprove a claim and to authorize a disbursement from	38053
the fund for payment of an approved claim administratively without	38054
a hearing. If the director of the fund makes a determination	38055
regarding a claim that is inconsistent with a recommendation or	38056
determination of the fire marshalsuperintendent for purposes of	38057
division (B)(2) or (3) or (D)(2), (3), or (5) of this section, the	38058
director shall detail those inconsistencies in a written finding	38059
of fact before authorizing any disbursement from the fund for	38060
payment of the claim. Upon making a determination of a claim under	38061
this section, the director of the fund shall provide written	38062
notice of the determination and a copy of any written finding of	38063
fact accompanying the determination to the responsible person who	38064
submitted the claim and to the fire marshalsuperintendent.	38065

(F) If the responsible person who submitted a claim under	38066
this section or the fire marshalsuperintendent objects to the	38067
determination of the claim made by the director of the fund and	38068
files an objection to the determination with the board within	38069
thirty days after the mailing of the notification of the	38070
determination and finding of fact, if any, the board shall appoint	38071
a referee to conduct an adjudication hearing on the determination.	38072
The adjudication hearing shall be conducted in accordance with	38073
section 119.09 of the Revised Code. For the purposes of	38074
adjudication hearings on determinations of the director of the	38075
fund, the term "agency" as used in that section includes the	38076
board.	38077

If any party is aggrieved by an order of the board made after	38078
the adjudication hearing on the determination, the party may	38079
appeal the order in accordance with section 119.12 of the Revised	38080
Code. For the purposes of appeals of any such orders, the terms	38081
"fire marshal" andterm "building" as used in that section include	38082
the board andincludes the petroleum underground storage tank,	38083
respectively.	38084

(G) Neither the state, the board, nor the director of the	38085
fund is liable to any responsible person to pay the cost of any	38086
corrective action or of third party compensation for a release of	38087
petroleum when the fund is depeleted of moneys because the amount	38088
of the claims made on the fund exceeds the unobligated balance in	38089
the fund. However, upon assessing and collecting a supplemental	38090
fee under division (C) of section 3737.91 of the Revised Code, the	38091
board shall again consider the claim of a responsible person whose	38092
claim was not initially honored because of the insufficiency of	38093
unobligated balances in the fund to pay that person's claim.	38094

The inability of a responsible person to obtain money from	38095
the fund does not in any manner limit the liability of a	38096
responsible person for a release of petroleum.	38097

(H) Neither the right to apply for payment or reimbursement	38098
nor the receipt of payment or reimbursement under this section	38099
limits the liability of any responsible person to the state for	38100
the payment of any corrective action or enforcement costs under	38101
sections 3737.882 and 3737.89 of the Revised Code, or to any third	38102
party for bodily injury or property damage, resulting from a	38103
release of petroleum from an underground storage tank system owned	38104
or operated by the responsible person. Neither the right to apply	38105
for payment or reimbursement under this section nor any delay by	38106
the board or director of the fund in acting upon any claim for any	38107
such payment or reimbursement limits or postpones the duty of any	38108
responsible person to comply with any order of the fire marshal	38109
superintendent issued under section 3737.88 or 3737.882 of the	38110
Revised Code.	38111

(I) The board, upon payment to or reimbursement of a	38112
responsible person from the fund for corrective action costs or	38113
the cost of compensation to third parties for bodily injury or	38114
property damage, is entitled by subrogation to all rights of the	38115
responsible person to recover those costs from any other person.	38116
The attorney general, upon the request of the board, may bring a	38117
civil action to recover those costs in the court of common pleas	38118
of the county in which the release of petroleum occurred.	38119

(J) Nothing in this section limits the right of the federal	38120
government to recover from the responsible person any federal	38121
money expended for any corrective or enforcement action as a	38122
result of a release of petroleum.	38123

(K) If the responsible person described in division (D) of	38124
this section is a state agency, any payments or reimbursements	38125
received by the state agency under this section shall be deposited	38126
into the fund from which the expenditures for the corrective	38127
action or third party compensation originally were made.	38128

Sec. 3737.98.  (A) Upon placement of a petroleum underground	38129
storage tank linked deposit with an eligible lending institution,	38130
the institution shall lend the funds to each approved eligible	38131
owner listed in the petroleum underground storage tank linked	38132
deposit loan package required by division (D) of section 3737.96	38133
of the Revised Code and in accordance with the linked deposit	38134
agreement required by division (C) of section 3737.97 of the	38135
Revised Code. The loan shall be at a rate below the present	38136
borrowing rate determined in the agreement with the petroleum	38137
underground storage tank release compensation board applicable to	38138
each eligible owner. A certificate of compliance with this	38139
section, in the form and manner prescribed by the board, shall be	38140
required for the eligible lending institution. The borrowing rate	38141
set by the agreement shall be uniform and may not be revised	38142
during the period of the deposit.	38143

(B) The board shall take any and all steps necessary to	38144
implement the petroleum underground storage tank linked deposit	38145
program and to monitor the compliance of eligible lending	38146
institutions and eligible owners, including the development of	38147
guidelines for those purposes as necessary.	38148

(C) The board and the fire marshalsuperintendent of	38149
industrial compliance shall notify owners of petroleum underground	38150
storage tanks of the linked deposit program and its eligibility	38151
requirements. Annually, on or before the first day of February,	38152
the board shall report on the petroleum underground storage tank	38153
linked deposit program for the preceding calendar year to the	38154
governor, speaker of the house of representatives, and president	38155
of the senate. The speaker of the house of representatives and	38156
president of the senate shall transmit copies of the report to the	38157
chairmenchairpersons of their respective standing committees that	38158
customarily consider legislation regarding underground storage	38159
tanks and the environment. The report shall set forth the	38160
petroleum underground storage tank linked deposits made by the	38161
board during the preceding year and shall include information	38162
regarding the nature, terms, and amounts of loans upon which the	38163
linked deposits were made and the eligible owners to which the	38164
loans were made.	38165

Sec. 3741.14.  (A) Each filling station offering self-service	38166
shall be operated in accordance with national fire protection	38167
association standard number 30A-1990, and the provisions of the	38168
"Occupational Safety and Health Act of 1970," 84 Stat. 1590, 5	38169
U.S.C.A. 5108, and any amendments thereto and standards adopted	38170
thereunder.	38171

(B) The fire marshalboard of building and fire standards	38172
shall adopt, as part of the state fire code, rules governing the	38173
equipment, operation, and maintenance of filling stations. The	38174
rules shall be such as are necessary for the protection of the	38175
persons and property of the public, but shall require as a minimum	38176
that:	38177

(1) Gasoline and other flammable or combustible liquids be	38178
dispensed only by a person who is not smoking;	38179

(2) A sign, in block letters at least four inches in height,	38180
be conspicuously displayed on each gasoline pump island where	38181
self-service is offered stating that it is a self-service island;	38182

(3) Signs giving instructions for the operation of gasoline	38183
dispensing equipment, in block letters, be conspicuously posted at	38184
each filling station offering self-service;	38185

(4) A sign bearing the following words in block letters be	38186
conspicuously posted on each gasoline pump island where	38187
self-service is offered:	38188

(a) "STOP ENGINE";

38189

(b) "NO SMOKING";

38190

(c) "WARNING--IT IS UNLAWFUL AND DANGEROUS TO DISPENSE	38191
GASOLINE INTO UNAPPROVED CONTAINERS";	38192

(d) "PERSONS USING DISPENSERS WITH HOLD-OPEN LATCHES MUST	38193
REMAIN AT THE REFUELING POINT DURING REFUELING".	38194

(5) All signs required by this section be constructed of	38195
rigid, weather-resistant material;	38196

(6) Gasoline dispensing nozzles used by any person other than	38197
a supervisor, employee, or attendant be of an approved automatic	38198
closing type. Any person other than a supervisor, employee, or	38199
attendant using a dispenser with a hold-open latch shall remain at	38200
the refueling point during refueling.	38201

(C) The fire marshalboard shall not prohibit the operation	38202
of a filling station offering self-service solely because it is an	38203
unattended filling station that utilizes key- or card-operated	38204
self-service flammable or combustible liquid dispensing equipment.	38205

(D) Nothing in this section shall be interpreted to prohibit	38206
the fire marshalboard from adopting reasonable rules governing	38207
the safety of self-service flammable or combustible liquid	38208
dispensing equipment.	38209

Sec. 3741.15.  (A) Except for Chapters 3704., 3734., 3750.,	38210
3751., 3752., and 3753. of the Revised Code, the superintendent of	38211
the division of industrial compliance shall have primary	38212
responsibility under Title XXXVII of the Revised Code for the	38213
implementation and administration of the aboveground petroleum	38214
storage tank program. To implement the program, the superintendent	38215
shall propose rules to the board of building and fire standards	38216
created under section 3781.07 of the Revised Code and the board	38217
shall not adopt the proposed rules until the fire code advisory	38218
committee has filed in the board's office recommendations for	38219
revisions in the proposed rules or until a period of sixty days	38220
has elapsed since the proposed rules, whichever occurs first. The	38221
board shall consider any recommendations made by the committee	38222
before adopting the proposed rules, but may accept, reject, or	38223
modify the recommendations so long as any rule proposed is	38224
consistent with the state fire code adopted pursuant to section	38225
3737.82 of the Revised Code. The board shall adopt the rules under	38226
this section in accordance with Chapter 119. of the Revised Code.	38227

(B) In proposing the rules to the board for the	38228
implementation and administration of the aboveground petroleum	38229
storage tank program, the superintendent shall require a method of	38230
permitting for the installation, removal, modification, and repair	38231
of aboveground storage tanks containing petroleum or petroleum	38232
products at terminal and bulk plants in the state as those terms	38233
are defined in section 3737.84 of the Revised Code. The	38234
superintendent shall propose rules allowing for the delegation of	38235
authority to conduct inspections related to permitting of	38236
aboveground petroleum storage tanks. The superintendent may	38237
consider and propose rules for annual registration of aboveground	38238
petroleum storage tanks and the superintendent may propose fees	38239
for registration, permitting, and inspection as are consistent	38240
with this program. Within seven days of the receipt of an	38241
application for a permit under this section, the superintendent	38242
shall notify in writing the state fire marshal and the fire	38243
department having jurisdiction of the proposed permitted activity.	38244
The fire marshal or the fire department having jurisdiction may	38245
waive the notification requirements of this paragraph.	38246

(C) Nothing in this section shall prohibit the state fire	38247
marshal or a certified fire safety inspector having jurisdiction	38248
from inspecting terminal and bulk plants in this state. If, upon	38249
inspection or investigation, the fire marshal, an assistant fire	38250
marshal, or a certified fire safety inspector having jurisdiction	38251
finds a violation of the state fire code or sections 3737.41 to	38252
3737.46 of the Revised Code, the fire marshal, an assistant fire	38253
marshal, or a certified fire safety inspector may take such	38254
actions as provided for by sections 3737.41 to 3737.46 of the	38255
Revised Code or rules adopted pursuant to Chapter 3737. of the	38256
Revised Code.	38257

(D) When any permit is issued by the superintendent, the	38258
structure and every particular thereof represented by that permit	38259
and disclosed therein shall, in the absence of fraud or a serious	38260
safety hazard, be conclusively presumed to comply with Chapter	38261
3737. of the Revised Code or any rule issued pursuant thereto, if	38262
constructed, altered or repaired in accordance with that permit	38263
and any such rule in effect at the time of approval.	38264

(E) Upon application by an affected party regulated under	38265
this section, the superintendent may grant a variance from the	38266
state fire code or rules adopted for the implementation and	38267
administration of the aboveground petroleum storage tank program,	38268
if the superintendent determines that a literal enforcement of the	38269
requirement will result in unnecessary hardship and the variance	38270
will not be contrary to the public health, safety, or welfare.	38271

Sec. 3743.57.  (A) All fees collected by the fire marshal for	38272
licenses or permits issued pursuant to this chapter shall be	38273
deposited into the state fire marshal's fund, and interest earned	38274
on the amounts in the fund shall be credited by the treasurer of	38275
state to the fund.	38276

(B) There is hereby established in the state treasury the	38277
fire marshal's fireworks training and education fund. The fire	38278
marshal shall deposit all assessments paid under this division	38279
into the state treasury to the credit of the fund. Each fireworks	38280
manufacturer and fireworks wholesaler licensed under this chapter	38281
shall pay assessments to the fire marshal for deposit into the	38282
fund as required by this division.	38283

The fire marshal shall impose an initial assessment upon each	38284
licensed fireworks manufacturer and wholesaler in order to	38285
establish a fund balance of fifteen thousand dollars. The fund	38286
balance shall at no time exceed fifteen thousand dollars, and the	38287
fire marshal shall impose no further assessments unless the fund	38288
balance is reduced to five thousand dollars or less. If the fund	38289
balance is reduced to five thousand dollars or less, the fire	38290
marshal shall impose an additional assessment upon each licensed	38291
fireworks manufacturer and wholesaler in order to increase the	38292
fund balance to fifteen thousand dollars. The fire marshal shall	38293
determine the amount of the initial assessment on each	38294
manufacturer or wholesaler and each additional assessment by	38295
dividing the total amount needed to be paid into the fund by the	38296
total number of fireworks manufacturers and wholesalers licensed	38297
under this chapter. If a licensed fireworks manufacturer or	38298
wholesaler fails to pay an assessment required by this division	38299
within thirty days after receiving notice of the assessment, the	38300
fire marshal, in accordance with Chapter 119. of the Revised Code,	38301
may refuse to issue, or may revoke, the appropriate license.	38302

The fire marshal shall in the fire marshal's discretion use	38303
amounts in the fund for fireworks training and education purposes,	38304
including, but not limited to, the creation of educational and	38305
training programs, attendance by the fire marshal and the fire	38306
marshal's employees at conferences and seminars, the payment of	38307
travel and meal expenses associated with such attendance,	38308
participation by the fire marshal and the fire marshal's employees	38309
in committee meetings and other meetings related to pyrotechnic	38310
codes, and the payment of travel and meal expenses associated with	38311
such participation. The use of the fund shall comply with rules of	38312
the department of commercepublic safety, policies and procedures	38313
established by the director of budget and management, and all	38314
other applicable laws.	38315

Sec. 3743.75. (A) During the period beginning on the	38316
effective date of this sectionJune 29, 2001, and ending on	38317
December 15, 2005, the state fire marshal shall not do any of the	38318
following:	38319

(1) Issue a license as a manufacturer of fireworks under	38320
sections 3743.02 and 3743.03 of the Revised Code to a person for a	38321
particular fireworks plant unless that person possessed such a	38322
license for that fireworks plant immediately prior to the	38323
effective date of this sectionJune 29, 2001;	38324

(2) Issue a license as a wholesaler of fireworks under	38325
sections 3743.15 and 3743.16 of the Revised Code to a person for a	38326
particular location unless that person possessed such a license	38327
for that location immediately prior to the effective date of this	38328
sectionJune 29, 2001;	38329

(3) Except as provided in division (B) of this section,	38330
approve the transfer of a license as a manufacturer or wholesaler	38331
of fireworks issued under this chapter to any location other than	38332
a location for which a license was issued under this chapter	38333
immediately prior to the effective date of this sectionJune 29,	38334
2001.	38335

(B) Division (A)(3) of this section does not apply to a	38336
transfer that the state fire marshal approves under division	38337
(D)(2) of section 3743.17 of the Revised Code. Section 3743.59 of	38338
the Revised Code does not apply to this section.	38339

(C) The department of commercepublic safety and the division	38340
of state fire marshal shall devise, by December 15, 2005, a	38341
proposal to provide for the issuance of manufacturer and	38342
wholesaler of fireworks licenses that is based upon demographics	38343
and designed to ensure the safety of the public and send a copy of	38344
the proposal to the president of the senate and speaker of the	38345
house of representatives.	38346

Sec. 3745.04. As used in this section, "any person" means any	38347
individual, any partnership, corporation, association, or other	38348
legal entity, or any political subdivision, instrumentality, or	38349
agency of a state, whether or not the individual or legal entity	38350
is an applicant for or holder of a license, permit, or variance	38351
from the environmental protection agency, and includes any	38352
department, agency, or instrumentality of the federal government	38353
that is an applicant for or holder of a license, permit, or	38354
variance from the environmental protection agency.	38355

As used in this section, "action" or "act" includes the	38356
adoption, modification, or repeal of a rule or standard, the	38357
issuance, modification, or revocation of any lawful order other	38358
than an emergency order, and the issuance, denial, modification,	38359
or revocation of a license, permit, lease, variance, or	38360
certificate, or the approval or disapproval of plans and	38361
specifications pursuant to law or rules adopted thereunder.	38362

Any person who was a party to a proceeding before the	38363
director of environmental protection may participate in an appeal	38364
to the environmental review appeals commission for an order	38365
vacating or modifying the action of the director or a local board	38366
of health, or ordering the director or board of health to perform	38367
an act. The environmental review appeals commission has exclusive	38368
original jurisdiction over any matter that may, under this	38369
section, be brought before it.	38370

The person so appealing to the commission shall be known as	38371
appellant, and the director and any party to a proceeding	38372
substantially supporting the finding from which the appeal is	38373
taken shall be known as appellee, except that when an appeal	38374
involves a license to operate a disposal site or facility, the	38375
local board of health or the director of environmental protection,	38376
and any party to a proceeding substantially supporting the finding	38377
from which the appeal is taken, shall, as appropriate, be known as	38378
the appellee. Appellant and appellee shall be deemed to be parties	38379
to the appeal.	38380

The appeal shall be in writing and shall set forth the action	38381
complained of and the grounds upon which the appeal is based.	38382

The appeal shall be filed with the commission within thirty	38383
days after notice of the action. Notice of the filing of the	38384
appeal shall be filed with the appellee within three days after	38385
the appeal is filed with the commission.	38386

The appeal shall be accompanied by a filing fee of sixty	38387
seventy dollars, which the commission, in its discretion, may	38388
waive in cases ofreduce if by affidavit the appellant	38389
demonstrates that payment of the full amount of the fee would	38390
cause extreme hardship.	38391

Within seven days after receipt of the notice of appeal, the	38392
director or local board of health shall prepare and certify to the	38393
commission a record of the proceedings out of which the appeal	38394
arises, including all documents and correspondence, and a	38395
transcript of all testimony.	38396

Upon the filing of the appeal, the commission shall fix the	38397
time and place at which the hearing on the appeal will be held.	38398
The commission shall give the appellant and the appellee at least	38399
ten days' written notice thereof by certified mail. The commission	38400
shall hold the hearing within thirty days after the notice of	38401
appeal is filed. The commission may postpone or continue any	38402
hearing upon its own motion or upon application of the appellant	38403
or of the appellee.	38404

The filing of an appeal does not automatically suspend or	38405
stay execution of the action appealed from. Upon application by	38406
the appellant, the commission may suspend or stay the execution	38407
pending immediate determination of the appeal without interruption	38408
by continuances, other than for unavoidable circumstances.	38409

As used in this section and sections 3745.05 and 3745.06 of	38410
the Revised Code, "director of environmental protection" and	38411
"director" are deemed to include the director of agriculture and	38412
"environmental protection agency" is deemed to include the	38413
department of agriculture with respect to actions that are	38414
appealable to the commission under Chapter 903. of the Revised	38415
Code.	38416

Sec. 3745.11.  (A) Applicants for and holders of permits,	38417
licenses, variances, plan approvals, and certifications issued by	38418
the director of environmental protection pursuant to Chapters	38419
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	38420
to the environmental protection agency for each such issuance and	38421
each application for an issuance as provided by this section. No	38422
fee shall be charged for any issuance for which no application has	38423
been submitted to the director.	38424

(B) Prior to January 1, 1994, eachEach person who is issued	38425
a permit to operate, variance, or permit to install prior to July	38426
1, 2003, pursuant to rules adopted under division (F) of section	38427
3704.03 of the Revised Code shall pay the fees specified in the	38428
following scheduleschedules:	38429

(1) Fuel-Burning Equipment (boilers)

38430

Units burning exclusively natural gas, number two fuel oil,	38442
or both shall be assessed a fee that is one-half of the applicable	38443
amount established in division (F)(1) of this section.	38444

Any fuel-burning equipment using only natural gas, propane,	38445
liquefied petroleum gas, or number two or lighter fuel oil shall	38446
be assessed a fee one-half of that shown.	38447

(2) Incinerators

38448

(3)(a) Process

38457

In any process where process weight rate cannot be	38466
ascertained, the minimum fee shall be assessed.	38467

(b) Notwithstanding division (B)(3)(a) of this section, any	38468
person issued a permit to install pursuant to rules adopted under	38469
division (F) of section 3704.03 of the Revised Code shall pay the	38470
fees established in division (B)(3)(c) of this section for a	38471
process used in any of the following industries, as identified by	38472
the applicable four-digit standard industrial classification code	38473
according to the Standard Industrial Classification Manual	38474
published by the United States office of management and budget in	38475
the executive office of the president, 1972, as revised:	38476

1211 Bituminous coal and lignite mining;

38477

1213 Bituminous coal and lignite mining services;

38478

1411 Dimension stone;

38479

1422 Crushed and broken limestone;

38480

1427 Crushed and broken stone, not elsewhere classified;

38481

1442 Construction sand and gravel;

38482

1446 Industrial sand;

38483

3281 Cut stone and stone products;

38484

3295 Minerals and earth, ground or otherwise treated.

38485

(c) The fees established in the following schedule apply to	38486
the issuance of a permit to install pursuant to rules adopted	38487
under division (F) of section 3704.03 of the Revised Code for a	38488
process listed in division (B)(3)(b) of this section:	38489

(4) Storage tanks

38498

(5) Gasoline

38514

(6) Dry cleaning

38520

(7) Coal mining operations regulated under Chapter 1513. of	38527
the Revised Code shall be assessed a fee of two hundred fifty	38528
dollars per mine or location.Registration status	38529

(C)(1) Except as otherwise provided in division (C)(2) of	38534
this section, beginning July 1, 1994, each person who owns or	38535
operates an air contaminant source and who is required to apply	38536
for and obtain a Title V permit under section 3704.036 of the	38537
Revised Code shall pay the fees set forth in division (C)(1) of	38538
this section. For the purposes of that division, total emissions	38539
of air contaminants may be calculated using engineering	38540
calculations, emissions factors, material balance calculations, or	38541
performance testing procedures, as authorized by the director.	38542

The following fees shall be assessed on the total actual	38543
emissions from a source in tons per year of the regulated	38544
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	38545
organic compounds, and lead:	38546

(a) Fifteen dollars per ton on the total actual emissions of	38547
each such regulated pollutant during the period July through	38548
December 1993, to be collected no sooner than July 1, 1994;	38549

(b) Twenty dollars per ton on the total actual emissions of	38550
each such regulated pollutant during calendar year 1994, to be	38551
collected no sooner than April 15, 1995;	38552

(c) Twenty-five dollars per ton on the total actual emissions	38553
of each such regulated pollutant in calendar year 1995, and each	38554
subsequent calendar year, to be collected no sooner than the	38555
fifteenth day of April of the year next succeeding the calendar	38556
year in which the emissions occurred.	38557

The fees levied under division (C)(1) of this section do not	38558
apply to that portion of the emissions of a regulated pollutant at	38559
a facility that exceed four thousand tons during a calendar year.	38560

(2) The fees assessed under division (C)(1) of this section	38561
are for the purpose of providing funding for the Title V permit	38562
program.	38563

(3) The fees assessed under division (C)(1) of this section	38564
do not apply to emissions from any electric generating unit	38565
designated as a Phase I unit under Title IV of the federal Clean	38566
Air Act prior to calendar year 2000. Those fees shall be assessed	38567
on the emissions from such a generating unit commencing in	38568
calendar year 2001 based upon the total actual emissions from the	38569
generating unit during calendar year 2000 and shall continue to be	38570
assessed each subsequent calendar year based on the total actual	38571
emissions from the generating unit during the preceding calendar	38572
year.	38573

(4) The director shall issue invoices to owners or operators	38574
of air contaminant sources who are required to pay a fee assessed	38575
under division (C) or (D) of this section. Any such invoice shall	38576
be issued no sooner than the applicable date when the fee first	38577
may be collected in a year under the applicable division, shall	38578
identify the nature and amount of the fee assessed, and shall	38579
indicate that the fee is required to be paid within thirty days	38580
after the issuance of the invoice.	38581

(D)(1) Except as provided in division (D)(2)(3) of this	38582
section, beginningfrom January 1, 1994, through December 31,	38583
2003, each person who owns or operates an air contaminant source;	38584
who is required to apply for a permit to operate pursuant to rules	38585
adopted under division (G), or a variance pursuant to division	38586
(H), of section 3704.03 of the Revised Code; and who is not	38587
required to apply for and obtain a Title V permit under section	38588
3704.036 of the Revised Code shall pay a single fee based upon the	38589
sum of the actual annual emissions from the facility of the	38590
regulated pollutants particulate matter, sulfur dioxide, nitrogen	38591
oxides, organic compounds, and lead in accordance with the	38592
following schedule:	38593

(2) Except as provided in division (D)(3) of this section,	38600
beginning January 1, 2004, each person who owns or operates an air	38601
contaminant source; who is required to apply for a permit to	38602
operate pursuant to rules adopted under division (G), or a	38603
variance pursuant to division (H), of section 3704.03 of the	38604
Revised Code; and who is not required to apply for and obtain a	38605
Title V permit under section 3704.03 of the Revised Code shall pay	38606
a single fee based upon the sum of the actual annual emissions	38607
from the facility of the regulated pollutants particulate matter,	38608
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	38609
accordance with the following schedule:	38610

(3)(a) As used in division (D) of this section, "synthetic	38618
minor facility" means a facility for which one or more permits to	38619
install or permits to operate have been issued for the air	38620
contaminant sources at the facility that include terms and	38621
conditions that lower the facility's potential to emit air	38622
contaminants below the major source thresholds established in	38623
rules adopted under section 3704.036 of the Revised Code.	38624

(b) Beginning January 1, 2000, through June 30, 20042006,	38625
each person who owns or operates a synthetic minor facility shall	38626
pay an annual fee based on the sum of the actual annual emissions	38627
from the facility of particulate matter, sulfur dioxide, nitrogen	38628
dioxide, organic compounds, and lead in accordance with the	38629
following schedule:	38630

(3)(4) The fees assessed under division (D)(1) of this	38645
section shall be collected annually no sooner than the fifteenth	38646
day of April, commencing in 1995. The fees assessed under division	38647
(D)(2) of this section shall be collected annually no sooner than	38648
the fifteenth day of April, commencing in 2005. The fees assessed	38649
under division (D)(2)(3) of this section shall be collected no	38650
sooner than the fifteenth day of April, commencing in 2000. The	38651
fees assessed under division (D) of this section in a calendar	38652
year shall be based upon the sum of the actual emissions of those	38653
regulated pollutants during the preceding calendar year. For the	38654
purpose of division (D) of this section, emissions of air	38655
contaminants may be calculated using engineering calculations,	38656
emission factors, material balance calculations, or performance	38657
testing procedures, as authorized by the director. The director,	38658
by rule, may require persons who are required to pay the fees	38659
assessed under division (D) of this section to pay those fees	38660
biennially rather than annually.	38661

(E)(1) Consistent with the need to cover the reasonable costs	38662
of the Title V permit program, the director annually shall	38663
increase the fees prescribed in division (C)(1) of this section by	38664
the percentage, if any, by which the consumer price index for the	38665
most recent calendar year ending before the beginning of a year	38666
exceeds the consumer price index for calendar year 1989. Upon	38667
calculating an increase in fees authorized by division (E)(1) of	38668
this section, the director shall compile revised fee schedules for	38669
the purposes of division (C)(1) of this section and shall make the	38670
revised schedules available to persons required to pay the fees	38671
assessed under that division and to the public.	38672

(2) For the purposes of division (E)(1) of this section:

38673

(a) The consumer price index for any year is the average of	38674
the consumer price index for all urban consumers published by the	38675
United States department of labor as of the close of the	38676
twelve-month period ending on the thirty-first day of August of	38677
that year.	38678

(b) If the 1989 consumer price index is revised, the director	38679
shall use the revision of the consumer price index that is most	38680
consistent with that for calendar year 1989.	38681

(F) Each person who is issued a permit to install pursuant to	38682
rules adopted under division (F) of section 3704.03 of the Revised	38683
Code on or after January 1, 1994July 1, 2003, shall pay the fees	38684
specified in the following schedules:	38685

(1) Fuel-burning equipment (boilers, furnaces, or process	38686
heaters used in the process of burning fuel for the primary	38687
purpose of producing heat or power by indirect heat transfer)	38688

Units burning exclusively natural gas, number two fuel oil,	38698
or both shall be assessed a fee that is one-half the applicable	38699
amount shown in division (F)(1) of this section.	38700

(2) Combustion turbines and stationary internal combustion	38701
engines designed to generate electricity	38702

(3) Incinerators

38710

(3)(4)(a) Process

38717

In any process where process weight rate cannot be	38724
ascertained, the minimum fee shall be assessed. A boiler, furnace,	38725
combustion turbine, stationary internal combustion engine, or	38726
process heater designed to provide direct heat or power to a	38727
process not designed to generate electricity shall be assessed a	38728
fee established in division (F)(4)(a) of this section. A	38729
combustion turbine or stationary internal combustion engine	38730
designed to generate electricity shall be assessed a fee	38731
established in division (F)(2) of this section.	38732

(b) Notwithstanding division (F)(3)(a) of this section, any	38733
person issued a permit to install pursuant to rules adopted under	38734
division (F) of section 3704.03 of the Revised Code shall pay the	38735
fees set forth in division (F)(3)(c) of this section for a process	38736
used in any of the following industries, as identified by the	38737
applicable four-digit standard industrial classification code	38738
according to the Standard Industrial Classification Manual	38739
published by the United States office of management and budget in	38740
the executive office of the president, 1972, as revised:	38741

1211 Bituminous coal and lignite mining;

38742

1213 Bituminous coal and lignite mining services;

38743

1411 Dimension stone;

38744

1422 Crushed and broken limestone;

38745

1427 Crushed and broken stone, not elsewhere classified;

38746

1442 Construction sand and gravel;

38747

1446 Industrial sand;

38748

3281 Cut stone and stone products;

38749

3295 Minerals and earth, ground or otherwise treated.

38750

(c) The fees set forth in the following schedule apply to the	38751
issuance of a permit to install pursuant to rules adopted under	38752
division (F) of section 3704.03 of the Revised Code for a process	38753
identified in division (F)(3)(b) of this section:	38754

(4)(5) Storage tanks

38764

(5)(6) Gasoline/fuel dispensing facilities

38773

(6)(7) Dry cleaning facilities

38776

(7)(8) Registration status

38780

(G) An owner or operator who is responsible for an asbestos	38783
demolition or renovation project pursuant to rules adopted under	38784
section 3704.03 of the Revised Code shall pay the fees set forth	38785
in the following schedule:	38786

For purposes of this division, "unit" means any combination of	38791
linear feet or square feet equal to fifty.	38792

(H) A person who is issued an extension of time for a permit	38793
to install an air contaminant source pursuant to rules adopted	38794
under division (F) of section 3704.03 of the Revised Code shall	38795
pay a fee equal to one-half the fee originally assessed for the	38796
permit to install under this section, except that the fee for such	38797
an extension shall not exceed two hundred dollars.	38798

(I) A person who is issued a modification to a permit to	38799
install an air contaminant source pursuant to rules adopted under	38800
section 3704.03 of the Revised Code shall pay a fee equal to	38801
one-half of the fee that would be assessed under this section to	38802
obtain a permit to install the source. The fee assessed by this	38803
division only applies to modifications that are initiated by the	38804
owner or operator of the source and shall not exceed two thousand	38805
dollars.	38806

(J) Notwithstanding division (B) or (F) of this section, a	38807
person who applies for or obtains a permit to install pursuant to	38808
rules adopted under division (F) of section 3704.03 of the Revised	38809
Code after the date actual construction of the source began shall	38810
pay a fee for the permit to install that is equal to twice the fee	38811
that otherwise would be assessed under the applicable division	38812
unless the applicant received authorization to begin construction	38813
under division (W) of section 3704.03 of the Revised Code. This	38814
division only applies to sources for which actual construction of	38815
the source begins on or after July 1, 1993. The imposition or	38816
payment of the fee established in this division does not preclude	38817
the director from taking any administrative or judicial	38818
enforcement action under this chapter, Chapter 3704., 3714.,	38819
3734., or 6111. of the Revised Code, or a rule adopted under any	38820
of them, in connection with a violation of rules adopted under	38821
division (F) of section 3704.03 of the Revised Code.	38822

As used in this division, "actual construction of the source"	38823
means the initiation of physical on-site construction activities	38824
in connection with improvements to the source that are permanent	38825
in nature, including, without limitation, the installation of	38826
building supports and foundations and the laying of underground	38827
pipework.	38828

(K) Fifty cents per ton of each fee assessed under division	38829
(C) of this section on actual emissions from a source and received	38830
by the environmental protection agency pursuant to that division	38831
shall be deposited into the state treasury to the credit of the	38832
small business assistance fund created in section 3706.19 of the	38833
Revised Code. The remainder of the moneys received by the division	38834
pursuant to that division and moneys received by the agency	38835
pursuant to divisions (D), (F), (G), (H), (I), and (J) of this	38836
section shall be deposited in the state treasury to the credit of	38837
the clean air fund created in section 3704.035 of the Revised	38838
Code.	38839

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	38840
or (c) of this section, a person issued a water discharge permit	38841
or renewal of a water discharge permit pursuant to Chapter 6111.	38842
of the Revised Code shall pay a fee based on each point source to	38843
which the issuance is applicable in accordance with the following	38844
schedule:	38845

(b) Notwithstanding the fee schedule specified in division	38853
(L)(1)(a) of this section, the fee for a water discharge permit	38854
that is applicable to coal mining operations regulated under	38855
Chapter 1513. of the Revised Code shall be two hundred fifty	38856
dollars per mine.	38857

(c) Notwithstanding the fee schedule specified in division	38858
(L)(1)(a) of this section, the fee for a water discharge permit	38859
for a public discharger identified by I in the third character of	38860
the permittee's NPDES permit number shall not exceed seven hundred	38861
fifty dollars.	38862

(2) A person applying for a plan approval for a wastewater	38863
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	38864
of the Revised Code shall pay a fee of one hundred dollars plus	38865
sixty-five one-hundredths of one per cent of the estimated project	38866
cost through June 30, 20042006, and one hundred dollars plus	38867
two-tenths of one per cent of the estimated project cost on and	38868
after July 1, 20042006, except that the total fee shall not	38869
exceed fifteen thousand dollars through June 30, 20042006, and	38870
five thousand dollars on and after July 1, 20042006. The fee	38871
shall be paid at the time the application is submitted.	38872

(3) A person issued a modification of a water discharge	38873
permit shall pay a fee equal to one-half the fee that otherwise	38874
would be charged for a water discharge permit, except that the fee	38875
for the modification shall not exceed four hundred dollars.	38876

(4) A person who has entered into an agreement with the	38877
director under section 6111.14 of the Revised Code shall pay an	38878
administrative service fee for each plan submitted under that	38879
section for approval that shall not exceed the minimum amount	38880
necessary to pay administrative costs directly attributable to	38881
processing plan approvals. The director annually shall calculate	38882
the fee and shall notify all persons who have entered into	38883
agreements under that section, or who have applied for agreements,	38884
of the amount of the fee.	38885

(5)(a)(i) Not later than January 30, 20022004, and January	38886
30, 20032005, a person holding an NPDES discharge permit issued	38887
pursuant to Chapter 6111. of the Revised Code with an average	38888
daily discharge flow of five thousand gallons or more shall pay a	38889
nonrefundable annual discharge fee. Any person who fails to pay	38890
the fee at that time shall pay an additional amount that equals	38891
ten per cent of the required annual discharge fee.	38892

(ii) The billing year for the annual discharge fee	38893
established in division (L)(5)(a)(i) of this section shall consist	38894
of a twelve-month period beginning on the first day of January of	38895
the year preceding the date when the annual discharge fee is due.	38896
In the case of an existing source that permanently ceases to	38897
discharge during a billing year, the director shall reduce the	38898
annual discharge fee, including the surcharge applicable to	38899
certain industrial facilities pursuant to division (L)(5)(c) of	38900
this section, by one-twelfth for each full month during the	38901
billing year that the source was not discharging, but only if the	38902
person holding the NPDES discharge permit for the source notifies	38903
the director in writing, not later than the first day of October	38904
of the billing year, of the circumstances causing the cessation of	38905
discharge.	38906

(iii) The annual discharge fee established in division	38907
(L)(5)(a)(i) of this section, except for the surcharge applicable	38908
to certain industrial facilities pursuant to division (L)(5)(c) of	38909
this section, shall be based upon the average daily discharge flow	38910
in gallons per day calculated using first day of May through	38911
thirty-first day of October flow data for the period two years	38912
prior to the date on which the fee is due. In the case of NPDES	38913
discharge permits for new sources, the fee shall be calculated	38914
using the average daily design flow of the facility until actual	38915
average daily discharge flow values are available for the time	38916
period specified in division (L)(5)(a)(iii) of this section. The	38917
annual discharge fee may be prorated for a new source as described	38918
in division (L)(5)(a)(ii) of this section.	38919

(b) An NPDES permit holder that is a public discharger shall	38920
pay the fee specified in the following schedule:	38921

Public dischargers owning or operating two or more publicly	38936
owned treatment works serving the same political subdivision, as	38937
"treatment works" is defined in section 6111.01 of the Revised	38938
Code, and that serve exclusively political subdivisions having a	38939
population of fewer than one hundred thousand shall pay an annual	38940
discharge fee under division (L)(5)(b) of this section that is	38941
based on the combined average daily discharge flow of the	38942
treatment works.	38943

(c) An NPDES permit holder that is an industrial discharger,	38944
other than a coal mining operator identified by P in the third	38945
character of the permittee's NPDES permit number, shall pay the	38946
fee specified in the following schedule:	38947

In addition to the fee specified in the above schedule, an	38961
NPDES permit holder that is an industrial discharger classified as	38962
a major discharger during all or part of the annual discharge fee	38963
billing year specified in division (L)(5)(a)(ii) of this section	38964
shall pay a nonrefundable annual surcharge of seven thousand five	38965
hundred dollars not later than January 30, 20022004, and not	38966
later than January 30, 20032005. Any person who fails to pay the	38967
surcharge at that time shall pay an additional amount that equals	38968
ten per cent of the amount of the surcharge.	38969

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	38970
section, a public discharger identified by I in the third	38971
character of the permittee's NPDES permit number and an industrial	38972
discharger identified by I, J, L, V, W, X, Y, or Z in the third	38973
character of the permittee's NPDES permit number shall pay a	38974
nonrefundable annual discharge fee of one hundred eighty dollars	38975
not later than January 30, 20022004, and not later than January	38976
30, 20032005. Any person who fails to pay the fee at that time	38977
shall pay an additional amount that equals ten per cent of the	38978
required fee.	38979

(6) Each person obtaining a national pollutant discharge	38980
elimination system general or individual permit for municipal	38981
storm water discharge shall pay a nonrefundable storm water	38982
discharge fee of one hundred dollars per square mile of area	38983
permitted. The fee shall not exceed ten thousand dollars and shall	38984
be payable on or before January 30, 2004, and the thirtieth day of	38985
January of each year thereafter. Any person who fails to pay the	38986
fee on the date specified in division (L)(6) of this section shall	38987
pay an additional amount per year equal to ten per cent of the	38988
annual fee that is unpaid.	38989

(7) The director shall transmit all moneys collected under	38990
division (L) of this section to the treasurer of state for deposit	38991
into the state treasury to the credit of the surface water	38992
protection fund created in section 6111.038 of the Revised Code.	38993

(8) As used in division (L) of this section:

38994

(a) "NPDES" means the federally approved national pollutant	38995
discharge elimination system program for issuing, modifying,	38996
revoking, reissuing, terminating, monitoring, and enforcing	38997
permits and imposing and enforcing pretreatment requirements under	38998
Chapter 6111. of the Revised Code and rules adopted under it.	38999

(b) "Public discharger" means any holder of an NPDES permit	39000
identified by P in the second character of the NPDES permit number	39001
assigned by the director.	39002

(c) "Industrial discharger" means any holder of an NPDES	39003
permit identified by I in the second character of the NPDES permit	39004
number assigned by the director.	39005

(d) "Major discharger" means any holder of an NPDES permit	39006
classified as major by the regional administrator of the United	39007
States environmental protection agency in conjunction with the	39008
director.	39009

(M) Through June 30, 20042006, a person applying for a	39010
license or license renewal to operate a public water system under	39011
section 6109.21 of the Revised Code shall pay the appropriate fee	39012
established under this division at the time of application to the	39013
director. Any person who fails to pay the fee at that time shall	39014
pay an additional amount that equals ten per cent of the required	39015
fee. The director shall transmit all moneys collected under this	39016
division to the treasurer of state for deposit into the drinking	39017
water protection fund created in section 6109.30 of the Revised	39018
Code.	39019

FeesExcept as provided in division (M)(4) of this section,	39020
fees required under this division shall be calculated and paid in	39021
accordance with the following schedule:	39022

(1) For the initial license required under division (A)(1) of	39023
section 6109.21 of the Revised Code for any public water system	39024
that is a community water system as defined in section 6109.01 of	39025
the Revised Code, and for each license renewal required for such a	39026
system prior to January 31, 20042006, the fee is:	39027

A public water system may determine how it will pay the total	39043
amount of the fee calculated under division (M)(1) of this	39044
section, including the assessment of additional user fees that may	39045
be assessed on a volumetric basis.	39046

As used in division (M)(1) of this section, "service	39047
connection" means the number of active or inactive pipes,	39048
goosenecks, pigtails, and any other fittings connecting a water	39049
main to any building outlet.	39050

(2) For the initial license required under division (A)(2) of	39051
section 6109.21 of the Revised Code for any public water system	39052
that is not a community water system and serves a nontransient	39053
population, and for each license renewal required for such a	39054
system prior to January 31, 20042006, the fee is:	39055

As used in division (M)(2) of this section, "population	39067
served" means the total number of individuals receiving water from	39068
the water supply during a twenty-four-hour period for at least	39069
sixty days during any calendar year. In the absence of a specific	39070
population count, that number shall be calculated at the rate of	39071
three individuals per service connection.	39072

(3) For the initial license required under division (A)(3) of	39073
section 6109.21 of the Revised Code for any public water system	39074
that is not a community water system and serves a transient	39075
population, and for each license renewal required for such a	39076
system prior to January 31, 20042006, the fee is:	39077

As used in division (M)(3) of this section, "number of wells	39086
supplying system" means those wells that are physically connected	39087
to the plumbing system serving the public water system.	39088

(4) A public water system designated as using a surface water	39089
source shall pay a fee of seven hundred ninety-two dollars or the	39090
amount calculated under division (M)(1) or (2) of this section,	39091
whichever is greater.	39092

(N)(1) A person applying for a plan approval for a public	39093
water supply system under section 6109.07 of the Revised Code	39094
shall pay a fee of one hundred fifty dollars plus two-tenths	39095
thirty-five hundredths of one per cent of the estimated project	39096
cost, except that the total fee shall not exceed fifteentwenty	39097
thousand dollars through June 30, 20042006, and fivefifteen	39098
thousand dollars on and after July 1, 20042006. The fee shall be	39099
paid at the time the application is submitted.	39100

(2) A person who has entered into an agreement with the	39101
director under division (A)(2) of section 6109.07 of the Revised	39102
Code shall pay an administrative service fee for each plan	39103
submitted under that section for approval that shall not exceed	39104
the minimum amount necessary to pay administrative costs directly	39105
attributable to processing plan approvals. The director annually	39106
shall calculate the fee and shall notify all persons that have	39107
entered into agreements under that division, or who have applied	39108
for agreements, of the amount of the fee.	39109

(3) Through June 30, 20042006, the following fee, on a per	39110
survey basis, shall be charged any person for services rendered by	39111
the state in the evaluation of laboratories and laboratory	39112
personnel for compliance with accepted analytical techniques and	39113
procedures established pursuant to Chapter 6109. of the Revised	39114
Code for determining the qualitative characteristics of water:	39115

On and after July 1, 20042006, the following fee, on a per	39124
survey basis, shall be charged any such person:	39125

The fee for those services shall be paid at the time the request	39131
for the survey is made. Through June 30, 2004 2006, an individual	39132
laboratory shall not be assessed a fee under this division more	39133
than once in any three-year period unless the person requests the	39134
addition of analytical methods or analysts, in which case the	39135
person shall pay eighteen hundred dollars for each additional	39136
survey requested.	39137

As used in division (N)(3) of this section:

39138

(a) "MF" means microfiltration.

39139

(b) "MMO" means minimal medium ONPG.

39140

(c) "MUG" means 4-methylumbelliferyl-beta-D-glucuronide.

39141

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

39142

The director shall transmit all moneys collected under this	39143
division to the treasurer of state for deposit into the drinking	39144
water protection fund created in section 6109.30 of the Revised	39145
Code.	39146

(O) Any person applying to the director for examination for	39147
certification as an operator of a water supply system or	39148
wastewater system under Chapter 6109. or 6111. of the Revised	39149
Code, at the time the application is submitted, shall pay an	39150
application fee of twenty-five dollars through JuneNovember 30,	39151
2004, and ten dollars on and after July 1, 20042003. Upon	39152
approval from the director that the applicant is eligible to take	39153
the examination therefor, the applicant shall pay a fee in	39154
accordance with the following schedule through JuneNovember 30,	39155
20042003:	39156

On and after December 1, 2003, any person applying to the	39161
director for examination for certification as an operator of a	39162
water supply system or wastewater system under Chapter 6109. or	39163
6111. of the Revised Code, at the time the application is	39164
submitted, shall pay an application fee of forty-five dollars	39165
through November 30, 2006, and twenty-five dollars on and after	39166
December 1, 2006. Upon approval from the director that the	39167
applicant is eligible to take the examination therefor, the	39168
applicant shall pay a fee in accordance with the following	39169
schedule through November 30, 2006:	39170

On and after JulyDecember 1, 20042006, the applicant shall	39176
pay a fee in accordance with the following schedule:	39177

A person shall pay a biennial certification renewal fee for	39183
each applicable class of certification in accordance with the	39184
following schedule:	39185

If a certification renewal fee is received by the director	39191
more than thirty days, but not more than one year after the	39192
expiration date of the certification, the person shall pay a	39193
certification renewal fee in accordance with the following	39194
schedule:	39195

A person who requests a replacement certificate shall pay a	39201
fee of twenty-five dollars at the time the request is made.	39202

The director shall transmit all moneys collected under this	39203
division to the treasurer of state for deposit into the drinking	39204
water protection fund created in section 6109.30 of the Revised	39205
Code.	39206

(P) Through June 30, 2004, anyAny person submitting an	39207
application for an industrial water pollution control certificate	39208
under section 6111.31 of the Revised Code, as that section existed	39209
before its repeal by H.B. 95 of the 125th general assembly, shall	39210
pay a nonrefundable fee of five hundred dollars at the time the	39211
application is submitted. The director shall transmit all moneys	39212
collected under this division to the treasurer of state for	39213
deposit into the surface water protection fund created in section	39214
6111.038 of the Revised Code. A person paying a certificate fee	39215
under this division shall not pay an application fee under	39216
division (S)(1) of this section. On and after the effective date	39217
of this amendment, persons shall file such applications and pay	39218
the fee as required under sections 5709.20 to 5709.27 of the	39219
Revised Code, and proceeds from the fee shall be credited as	39220
provided in section 5709.212 of the Revised Code.	39221

(Q) Except as otherwise provided in division (R) of this	39222
section, a person issued a permit by the director for a new solid	39223
waste disposal facility other than an incineration or composting	39224
facility, a new infectious waste treatment facility other than an	39225
incineration facility, or a modification of such an existing	39226
facility that includes an increase in the total disposal or	39227
treatment capacity of the facility pursuant to Chapter 3734. of	39228
the Revised Code shall pay a fee of ten dollars per thousand cubic	39229
yards of disposal or treatment capacity, or one thousand dollars,	39230
whichever is greater, except that the total fee for any such	39231
permit shall not exceed eighty thousand dollars. A person issued a	39232
modification of a permit for a solid waste disposal facility or an	39233
infectious waste treatment facility that does not involve an	39234
increase in the total disposal or treatment capacity of the	39235
facility shall pay a fee of one thousand dollars. A person issued	39236
a permit to install a new, or modify an existing, solid waste	39237
transfer facility under that chapter shall pay a fee of two	39238
thousand five hundred dollars. A person issued a permit to install	39239
a new or to modify an existing solid waste incineration or	39240
composting facility, or an existing infectious waste treatment	39241
facility using incineration as its principal method of treatment,	39242
under that chapter shall pay a fee of one thousand dollars. The	39243
increases in the permit fees under this division resulting from	39244
the amendments made by Amended Substitute House Bill 592 of the	39245
117th general assembly do not apply to any person who submitted an	39246
application for a permit to install a new, or modify an existing,	39247
solid waste disposal facility under that chapter prior to	39248
September 1, 1987; any such person shall pay the permit fee	39249
established in this division as it existed prior to June 24, 1988.	39250
In addition to the applicable permit fee under this division, a	39251
person issued a permit to install or modify a solid waste facility	39252
or an infectious waste treatment facility under that chapter who	39253
fails to pay the permit fee to the director in compliance with	39254
division (V) of this section shall pay an additional ten per cent	39255
of the amount of the fee for each week that the permit fee is	39256
late.	39257

Permit and late payment fees paid to the director under this	39258
division shall be credited to the general revenue fund.	39259

(R)(1) A person issued a registration certificate for a scrap	39260
tire collection facility under section 3734.75 of the Revised Code	39261
shall pay a fee of two hundred dollars, except that if the	39262
facility is owned or operated by a motor vehicle salvage dealer	39263
licensed under Chapter 4738. of the Revised Code, the person shall	39264
pay a fee of twenty-five dollars.	39265

(2) A person issued a registration certificate for a new	39266
scrap tire storage facility under section 3734.76 of the Revised	39267
Code shall pay a fee of three hundred dollars, except that if the	39268
facility is owned or operated by a motor vehicle salvage dealer	39269
licensed under Chapter 4738. of the Revised Code, the person shall	39270
pay a fee of twenty-five dollars.	39271

(3) A person issued a permit for a scrap tire storage	39272
facility under section 3734.76 of the Revised Code shall pay a fee	39273
of one thousand dollars, except that if the facility is owned or	39274
operated by a motor vehicle salvage dealer licensed under Chapter	39275
4738. of the Revised Code, the person shall pay a fee of fifty	39276
dollars.	39277

(4) A person issued a permit for a scrap tire monocell or	39278
monofill facility under section 3734.77 of the Revised Code shall	39279
pay a fee of ten dollars per thousand cubic yards of disposal	39280
capacity or one thousand dollars, whichever is greater, except	39281
that the total fee for any such permit shall not exceed eighty	39282
thousand dollars.	39283

(5) A person issued a registration certificate for a scrap	39284
tire recovery facility under section 3734.78 of the Revised Code	39285
shall pay a fee of one hundred dollars.	39286

(6) A person issued a permit for a scrap tire recovery	39287
facility under section 3734.78 of the Revised Code shall pay a fee	39288
of one thousand dollars.	39289

(7) In addition to the applicable registration certificate or	39290
permit fee under divisions (R)(1) to (6) of this section, a person	39291
issued a registration certificate or permit for any such scrap	39292
tire facility who fails to pay the registration certificate or	39293
permit fee to the director in compliance with division (V) of this	39294
section shall pay an additional ten per cent of the amount of the	39295
fee for each week that the fee is late.	39296

(8) The registration certificate, permit, and late payment	39297
fees paid to the director under divisions (R)(1) to (7) of this	39298
section shall be credited to the scrap tire management fund	39299
created in section 3734.82 of the Revised Code.	39300

(S)(1) Except as provided by divisions (L), (M), (N), (O),	39301
(P), and (S)(2) of this section, division (A)(2) of section	39302
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	39303
and rules adopted under division (T)(1) of this section, any	39304
person applying for a registration certificate under section	39305
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	39306
variance, or plan approval under Chapter 3734. of the Revised Code	39307
shall pay a nonrefundable fee of fifteen dollars at the time the	39308
application is submitted.	39309

Except as otherwise provided, any person applying for a	39310
permit, variance, or plan approval under Chapter 6109. or 6111. of	39311
the Revised Code shall pay a nonrefundable fee of one hundred	39312
dollars at the time the application is submitted through June 30,	39313
20042006, and a nonrefundable fee of fifteen dollars at the time	39314
the application is submitted on and after July 1, 20042006.	39315
Through June 30, 20042006, any person applying for a national	39316
pollutant discharge elimination system permit under Chapter 6111.	39317
of the Revised Code shall pay a nonrefundable fee of two hundred	39318
dollars at the time of application for the permit. On and after	39319
July 1, 20042006, such a person shall pay a nonrefundable fee of	39320
fifteen dollars at the time of application.	39321

In addition to the application fee established under division	39322
(S)(1) of this section, any person applying for a national	39323
pollutant discharge elimination system general storm water	39324
construction permit shall pay a nonrefundable fee of twenty	39325
dollars per acre for each acre that is permitted above five acres	39326
at the time the application is submitted. However, the per acreage	39327
fee shall not exceed three hundred dollars. In addition, any	39328
person applying for a national pollutant discharge elimination	39329
system general storm water industrial permit shall pay a	39330
nonrefundable fee of one hundred fifty dollars at the time the	39331
application is submitted.	39332

The director shall transmit all moneys collected under	39333
division (S)(1) of this section pursuant to Chapter 6109. of the	39334
Revised Code to the treasurer of state for deposit into the	39335
drinking water protection fund created in section 6109.30 of the	39336
Revised Code.	39337

The director shall transmit all moneys collected under	39338
division (S)(1) of this section pursuant to Chapter 6111. of the	39339
Revised Code to the treasurer of state for deposit into the	39340
surface water protection fund created in section 6111.038 of the	39341
Revised Code.	39342

If a registration certificate is issued under section	39343
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	39344
the application fee paid shall be deducted from the amount of the	39345
registration certificate fee due under division (R)(1), (2), or	39346
(5) of this section, as applicable.	39347

If a person submits an electronic application for a	39348
registration certificate, permit, variance, or plan approval for	39349
which an application fee is established under division (S)(1) of	39350
this section, the person shall pay the applicable application fee	39351
as expeditiously as possible after the submission of the	39352
electronic application. An application for a registration	39353
certificate, permit, variance, or plan approval for which an	39354
application fee is established under division (S)(1) of this	39355
section shall not be reviewed or processed until the applicable	39356
application fee, and any other fees established under this	39357
division, are paid.	39358

(2) Division (S)(1) of this section does not apply to an	39359
application for a registration certificate for a scrap tire	39360
collection or storage facility submitted under section 3734.75 or	39361
3734.76 of the Revised Code, as applicable, if the owner or	39362
operator of the facility or proposed facility is a motor vehicle	39363
salvage dealer licensed under Chapter 4738. of the Revised Code.	39364

(T) The director may adopt, amend, and rescind rules in	39365
accordance with Chapter 119. of the Revised Code that do all of	39366
the following:	39367

(1) Prescribe fees to be paid by applicants for and holders	39368
of any license, permit, variance, plan approval, or certification	39369
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	39370
the Revised Code that are not specifically established in this	39371
section. The fees shall be designed to defray the cost of	39372
processing, issuing, revoking, modifying, denying, and enforcing	39373
the licenses, permits, variances, plan approvals, and	39374
certifications.	39375

The director shall transmit all moneys collected under rules	39376
adopted under division (T)(1) of this section pursuant to Chapter	39377
6109. of the Revised Code to the treasurer of state for deposit	39378
into the drinking water protection fund created in section 6109.30	39379
of the Revised Code.	39380

The director shall transmit all moneys collected under rules	39381
adopted under division (T)(1) of this section pursuant to Chapter	39382
6111. of the Revised Code to the treasurer of state for deposit	39383
into the surface water protection fund created in section 6111.038	39384
of the Revised Code.	39385

(2) Exempt the state and political subdivisions thereof,	39386
including education facilities or medical facilities owned by the	39387
state or a political subdivision, or any person exempted from	39388
taxation by section 5709.07 or 5709.12 of the Revised Code, from	39389
any fee required by this section;	39390

(3) Provide for the waiver of any fee, or any part thereof,	39391
otherwise required by this section whenever the director	39392
determines that the imposition of the fee would constitute an	39393
unreasonable cost of doing business for any applicant, class of	39394
applicants, or other person subject to the fee;	39395

(4) Prescribe measures that the director considers necessary	39396
to carry out this section.	39397

(U) When the director reasonably demonstrates that the direct	39398
cost to the state associated with the issuance of a permit to	39399
install, license, variance, plan approval, or certification	39400
exceeds the fee for the issuance or review specified by this	39401
section, the director may condition the issuance or review on the	39402
payment by the person receiving the issuance or review of, in	39403
addition to the fee specified by this section, the amount, or any	39404
portion thereof, in excess of the fee specified under this	39405
section. The director shall not so condition issuances for which	39406
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this	39407
section.	39408

(V) Except as provided in divisions (L), (M), and (P) of this	39409
section or unless otherwise prescribed by a rule of the director	39410
adopted pursuant to Chapter 119. of the Revised Code, all fees	39411
required by this section are payable within thirty days after the	39412
issuance of an invoice for the fee by the director or the	39413
effective date of the issuance of the license, permit, variance,	39414
plan approval, or certification. If payment is late, the person	39415
responsible for payment of the fee shall pay an additional ten per	39416
cent of the amount due for each month that it is late.	39417

(W) As used in this section, "fuel-burning equipment,"	39418
"fuel-burning equipment input capacity," "incinerator,"	39419
"incinerator input capacity," "process," "process weight rate,"	39420
"storage tank," "gasoline dispensing facility," "dry cleaning	39421
facility," "design flow discharge," and "new source treatment	39422
works" have the meanings ascribed to those terms by applicable	39423
rules or standards adopted by the director under Chapter 3704. or	39424
6111. of the Revised Code.	39425

(X) As used in divisions (B), (C), (D), (E), (F), (H), (I),	39426
and (J) of this section, and in any other provision of this	39427
section pertaining to fees paid pursuant to Chapter 3704. of the	39428
Revised Code:	39429

(1) "Facility," "federal Clean Air Act," "person," and "Title	39430
V permit" have the same meanings as in section 3704.01 of the	39431
Revised Code.	39432

(2) "Title V permit program" means the following activities	39433
as necessary to meet the requirements of Title V of the federal	39434
Clean Air Act and 40 C.F.R. part 70, including at least:	39435

(a) Preparing and adopting, if applicable, generally	39436
applicable rules or guidance regarding the permit program or its	39437
implementation or enforcement;	39438

(b) Reviewing and acting on any application for a Title V	39439
permit, permit revision, or permit renewal, including the	39440
development of an applicable requirement as part of the processing	39441
of a permit, permit revision, or permit renewal;	39442

(c) Administering the permit program, including the	39443
supporting and tracking of permit applications, compliance	39444
certification, and related data entry;	39445

(d) Determining which sources are subject to the program and	39446
implementing and enforcing the terms of any Title V permit, not	39447
including any court actions or other formal enforcement actions;	39448

(e) Emission and ambient monitoring;

39449

(f) Modeling, analyses, or demonstrations;

39450

(g) Preparing inventories and tracking emissions;

39451

(h) Providing direct and indirect support to small business	39452
stationary sources to determine and meet their obligations under	39453
the federal Clean Air Act pursuant to the small business	39454
stationary source technical and environmental compliance	39455
assistance program required by section 507 of that act and	39456
established in sections 3704.18, 3704.19, and 3706.19 of the	39457
Revised Code.	39458

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	39459
of this section, each sewage sludge facility shall pay a	39460
nonrefundable annual sludge fee equal to three dollars and fifty	39461
cents per dry ton of sewage sludge, including the dry tons of	39462
sewage sludge in materials derived from sewage sludge, that the	39463
sewage sludge facility treats or disposes of in this state. The	39464
annual volume of sewage sludge treated or disposed of by a sewage	39465
sludge facility shall be calculated using the first day of January	39466
through the thirty-first day of December of the calendar year	39467
preceding the date on which payment of the fee is due.	39468

(2)(a) Except as provided in division (Y)(2)(d) of this	39469
section, each sewage sludge facility shall pay a minimum annual	39470
sewage sludge fee of one hundred dollars.	39471

(b) The annual sludge fee required to be paid by a sewage	39472
sludge facility that treats or disposes of exceptional quality	39473
sludge in this state shall be thirty-five per cent less per dry	39474
ton of exceptional quality sludge than the fee assessed under	39475
division (Y)(1) of this section, subject to the following	39476
exceptions:	39477

(i) Except as provided in division (Y)(2)(d) of this section,	39478
a sewage sludge facility that treats or disposes of exceptional	39479
quality sludge shall pay a minimum annual sewage sludge fee of one	39480
hundred dollars.	39481

(ii) A sewage sludge facility that treats or disposes of	39482
exceptional quality sludge shall not be required to pay the annual	39483
sludge fee for treatment or disposal in this state of exceptional	39484
quality sludge generated outside of this state and contained in	39485
bags or other containers not greater than one hundred pounds in	39486
capacity.	39487

A thirty-five per cent reduction for exceptional quality	39488
sludge applies to the maximum annual fees established under	39489
division (Y)(3) of this section.	39490

(c) A sewage sludge facility that transfers sewage sludge to	39491
another sewage sludge facility in this state for further treatment	39492
prior to disposal in this state shall not be required to pay the	39493
annual sludge fee for the tons of sewage sludge that have been	39494
transferred. In such a case, the sewage sludge facility that	39495
disposes of the sewage sludge shall pay the annual sludge fee.	39496
However, the facility transferring the sewage sludge shall pay the	39497
one-hundred-dollar minimum fee required under division (Y)(2)(a)	39498
of this section.	39499

In the case of a sewage sludge facility that treats sewage	39500
sludge in this state and transfers it out of this state to another	39501
entity for disposal, the sewage sludge facility in this state	39502
shall be required to pay the annual sludge fee for the tons of	39503
sewage sludge that have been transferred.	39504

(d) A sewage sludge facility that generates sewage sludge	39505
resulting from an average daily discharge flow of less than five	39506
thousand gallons per day is not subject to the fees assessed under	39507
division (Y) of this section.	39508

(3) No sewage sludge facility required to pay the annual	39509
sludge fee shall be required to pay more than the maximum annual	39510
fee for each disposal method that the sewage sludge facility uses.	39511
The maximum annual fee does not include the additional amount that	39512
may be charged under division (Y)(5) of this section for late	39513
payment of the annual sludge fee. The maximum annual fee for the	39514
following methods of disposal of sewage sludge is as follows:	39515

(a) Incineration: five thousand dollars;

39516

(b) Preexisting land reclamation project or disposal in a	39517
landfill: five thousand dollars;	39518

(c) Land application, land reclamation, surface disposal, or	39519
any other disposal method not specified in division (Y)(3)(a) or	39520
(b) of this section: twenty thousand dollars.	39521

(4)(a) In the case of an entity that generates sewage sludge	39522
or a sewage sludge facility that treats sewage sludge and	39523
transfers the sewage sludge to an incineration facility for	39524
disposal, the incineration facility, and not the entity generating	39525
the sewage sludge or the sewage sludge facility treating the	39526
sewage sludge, shall pay the annual sludge fee for the tons of	39527
sewage sludge that are transferred. However, the entity or	39528
facility generating or treating the sewage sludge shall pay the	39529
one-hundred-dollar minimum fee required under division (Y)(2)(a)	39530
of this section.	39531

(b) In the case of an entity that generates sewage sludge and	39532
transfers the sewage sludge to a landfill for disposal or to a	39533
sewage sludge facility for land reclamation or surface disposal,	39534
the entity generating the sewage sludge, and not the landfill or	39535
sewage sludge facility, shall pay the annual sludge fee for the	39536
tons of sewage sludge that are transferred.	39537

(5) Not later than the first day of April of the calendar	39538
year following March 17, 2000, and each first day of April	39539
thereafter, the director shall issue invoices to persons who are	39540
required to pay the annual sludge fee. The invoice shall identify	39541
the nature and amount of the annual sludge fee assessed and state	39542
the first day of May as the deadline for receipt by the director	39543
of objections regarding the amount of the fee and the first day of	39544
July as the deadline for payment of the fee.	39545

Not later than the first day of May following receipt of an	39546
invoice, a person required to pay the annual sludge fee may submit	39547
objections to the director concerning the accuracy of information	39548
regarding the number of dry tons of sewage sludge used to	39549
calculate the amount of the annual sludge fee or regarding whether	39550
the sewage sludge qualifies for the exceptional quality sludge	39551
discount established in division (Y)(2)(b) of this section. The	39552
director may consider the objections and adjust the amount of the	39553
fee to ensure that it is accurate.	39554

If the director does not adjust the amount of the annual	39555
sludge fee in response to a person's objections, the person may	39556
appeal the director's determination in accordance with Chapter	39557
119. of the Revised Code.	39558

Not later than the first day of June, the director shall	39559
notify the objecting person regarding whether the director has	39560
found the objections to be valid and the reasons for the finding.	39561
If the director finds the objections to be valid and adjusts the	39562
amount of the annual sludge fee accordingly, the director shall	39563
issue with the notification a new invoice to the person	39564
identifying the amount of the annual sludge fee assessed and	39565
stating the first day of July as the deadline for payment.	39566

Not later than the first day of July, any person who is	39567
required to do so shall pay the annual sludge fee. Any person who	39568
is required to pay the fee, but who fails to do so on or before	39569
that date shall pay an additional amount that equals ten per cent	39570
of the required annual sludge fee.	39571

(6) The director shall transmit all moneys collected under	39572
division (Y) of this section to the treasurer of state for deposit	39573
into the surface water protection fund created in section 6111.038	39574
of the Revised Code. The moneys shall be used to defray the costs	39575
of administering and enforcing provisions in Chapter 6111. of the	39576
Revised Code and rules adopted under it that govern the use,	39577
storage, treatment, or disposal of sewage sludge.	39578

(7) Beginning in fiscal year 2001, and every two years	39579
thereafter, the director shall review the total amount of moneys	39580
generated by the annual sludge fees to determine if that amount	39581
exceeded six hundred thousand dollars in either of the two	39582
preceding fiscal years. If the total amount of moneys in the fund	39583
exceeded six hundred thousand dollars in either fiscal year, the	39584
director, after review of the fee structure and consultation with	39585
affected persons, shall issue an order reducing the amount of the	39586
fees levied under division (Y) of this section so that the	39587
estimated amount of moneys resulting from the fees will not exceed	39588
six hundred thousand dollars in any fiscal year.	39589

If, upon review of the fees under division (Y)(7) of this	39590
section and after the fees have been reduced, the director	39591
determines that the total amount of moneys collected and	39592
accumulated is less than six hundred thousand dollars, the	39593
director, after review of the fee structure and consultation with	39594
affected persons, may issue an order increasing the amount of the	39595
fees levied under division (Y) of this section so that the	39596
estimated amount of moneys resulting from the fees will be	39597
approximately six hundred thousand dollars. Fees shall never be	39598
increased to an amount exceeding the amount specified in division	39599
(Y)(7) of this section.	39600

Notwithstanding section 119.06 of the Revised Code, the	39601
director may issue an order under division (Y)(7) of this section	39602
without the necessity to hold an adjudicatory hearing in	39603
connection with the order. The issuance of an order under this	39604
division is not an act or action for purposes of section 3745.04	39605
of the Revised Code.	39606

(8) As used in division (Y) of this section:

39607

(a) "Sewage sludge facility" means an entity that performs	39608
treatment on or is responsible for the disposal of sewage sludge.	39609

(b) "Sewage sludge" means a solid, semi-solid, or liquid	39610
residue generated during the treatment of domestic sewage in a	39611
treatment works as defined in section 6111.01 of the Revised Code.	39612
"Sewage sludge" includes, but is not limited to, scum or solids	39613
removed in primary, secondary, or advanced wastewater treatment	39614
processes. "Sewage sludge" does not include ash generated during	39615
the firing of sewage sludge in a sewage sludge incinerator, grit	39616
and screenings generated during preliminary treatment of domestic	39617
sewage in a treatment works, animal manure, residue generated	39618
during treatment of animal manure, or domestic septage.	39619

(c) "Exceptional quality sludge" means sewage sludge that	39620
meets all of the following qualifications:	39621

(i) Satisfies the class A pathogen standards in 40 C.F.R.	39622
503.32(a);	39623

(ii) Satisfies one of the vector attraction reduction	39624
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	39625

(iii) Does not exceed the ceiling concentration limitations	39626
for metals listed in table one of 40 C.F.R. 503.13;	39627

(iv) Does not exceed the concentration limitations for metals	39628
listed in table three of 40 C.F.R. 503.13.	39629

(d) "Treatment" means the preparation of sewage sludge for	39630
final use or disposal and includes, but is not limited to,	39631
thickening, stabilization, and dewatering of sewage sludge.	39632

(e) "Disposal" means the final use of sewage sludge,	39633
including, but not limited to, land application, land reclamation,	39634
surface disposal, or disposal in a landfill or an incinerator.	39635

(f) "Land application" means the spraying or spreading of	39636
sewage sludge onto the land surface, the injection of sewage	39637
sludge below the land surface, or the incorporation of sewage	39638
sludge into the soil for the purposes of conditioning the soil or	39639
fertilizing crops or vegetation grown in the soil.	39640

(g) "Land reclamation" means the returning of disturbed land	39641
to productive use.	39642

(h) "Surface disposal" means the placement of sludge on an	39643
area of land for disposal, including, but not limited to,	39644
monofills, surface impoundments, lagoons, waste piles, or	39645
dedicated disposal sites.	39646

(i) "Incinerator" means an entity that disposes of sewage	39647
sludge through the combustion of organic matter and inorganic	39648
matter in sewage sludge by high temperatures in an enclosed	39649
device.	39650

(j) "Incineration facility" includes all incinerators owned	39651
or operated by the same entity and located on a contiguous tract	39652
of land. Areas of land are considered to be contiguous even if	39653
they are separated by a public road or highway.	39654

(k) "Annual sludge fee" means the fee assessed under division	39655
(Y)(1) of this section.	39656

(l) "Landfill" means a sanitary landfill facility, as defined	39657
in rules adopted under section 3734.02 of the Revised Code, that	39658
is licensed under section 3734.05 of the Revised Code.	39659

(m) "Preexisting land reclamation project" means a	39660
property-specific land reclamation project that has been in	39661
continuous operation for not less than five years pursuant to	39662
approval of the activity by the director and includes the	39663
implementation of a community outreach program concerning the	39664
activity.	39665

Sec. 3745.14.  (A) As used in this section:

39666

(1) "Compliance review" means the review of an application	39667
for a permit, renewal of a permit, or plan approval, or	39668
modification thereof, for an existing or proposed facility,	39669
source, or activity and the accompanying engineering plans,	39670
specifications, and materials and information that are submitted	39671
under Chapter 3704., 3734., 6109., or 6111. of the Revised Code	39672
and rules adopted under them for compliance with performance	39673
standards under the applicable chapter and rules adopted under it.	39674
"Compliance review" does not include the review of an application	39675
for a hazardous waste facility installation and operation permit	39676
or the renewal or modification of such a permit, a permit to	39677
establish or modify an infectious waste treatment facility, a	39678
permit to install a solid waste incineration facility that also	39679
would treat infectious wastes, or a permit to modify a solid waste	39680
incineration facility to also treat infectious wastes under	39681
Chapter 3734. of the Revised Code.	39682

(2) "Engineer" includes both of the following:

39683

(a) A professional engineer registered under Chapter 4733. of	39684
the Revised Code;	39685

(b) A firm, partnership, association, or corporation	39686
providing engineering services in this state in compliance with	39687
Chapter 4733. of the Revised Code.	39688

(B) The director of environmental protection, in accordance	39689
with Chapter 119. of the Revised Code, shall adopt, and may amend	39690
and rescind, rules establishing a program for the certification of	39691
engineers to conduct compliance reviews. The rules, at a minimum,	39692
shall do all of the following:	39693

(1) Require that the program be administered by the director;

39694

(2) Establish eligibility criteria for certification to	39695
conduct compliance reviews;	39696

(3) Establish criteria for denying, suspending, and revoking	39697
certifications and renewals of certifications issued pursuant to	39698
rules adopted under division (B) of this section;	39699

(4) Require the periodic renewal of certifications issued	39700
pursuant to rules adopted under division (B) of this section;	39701

(5) Establish an application fee and fee for issuance for	39702
certifications under this section. The fees shall be established	39703
at a level calculated to defray the costs to the environmental	39704
protection agency for administering the certification program	39705
established by rules adopted under division (B) of this section.	39706
All such application and certification fees received by the	39707
director shall be deposited into the state treasury to the credit	39708
of the permit review fund created in division (E) of this section.	39709

(C) The director shall maintain a current list of all	39710
engineers who are certified to conduct compliance reviews pursuant	39711
to rules adopted under this section. The list shall indicate the	39712
types of permits, permit renewals, and plan approvals that each	39713
engineer is certified to review and the types or categories of	39714
facilities, sources, or activities in connection with which the	39715
engineer is certified to conduct the reviews. Upon request, the	39716
director shall provide a copy of the list to anyone requesting it.	39717

(D) An applicant for a permit, renewal of a permit, plan	39718
approval, or modification thereof, under Chapter 3704., 3734.,	39719
6109., or 6111. of the Revised Code and applicable rules adopted	39720
under them, other than a hazardous waste facility installation and	39721
operation permit or renewal or modification of such a permit, a	39722
permit to establish or modify an infectious waste treatment	39723
facility, a permit to install a solid waste incineration facility	39724
that also would treat infectious wastes, or a permit to modify a	39725
solid waste incineration facility to also treat infectious wastes	39726
under Chapter 3734. of the Revised Code, may submit a written	39727
request to the director to have the compliance review conducted by	39728
an engineer certified under this section. The request shall	39729
accompany the permit application, shall indicate the applicant's	39730
choice from among the certified engineers on the director's list	39731
who are qualified to conduct the compliance review, shall be	39732
accompanied by separate certifications by the applicant and the	39733
engineer indicating that the applicant does not have and has not	39734
had during the preceding two years a financial interest in the	39735
engineer and has not employed or retained the engineer to perform	39736
services for the applicant during the preceding two years, and may	39737
be accompanied by a draft proposal for conducting the compliance	39738
review that was developed by the applicant and the engineer. No	39739
such draft proposal is binding upon the director.	39740

Within seven days after receiving a request under this	39741
division, the director shall do all of the following, as	39742
appropriate:	39743

(1) In the director's discretion, approve or disapprove the	39744
applicant's request to have the compliance review of the	39745
application conducted by an engineer on the list of certified	39746
engineers prepared under this section;	39747

(2) If the director approves the conducting of the compliance	39748
review by such a certified engineer, approve or disapprove, in the	39749
director's discretion, the applicant's choice of the engineer;	39750

(3) Mail written notice of decisions made under divisions	39751
(D)(1) and (2) of this section to the applicant.	39752

If the director fails to mail notice of the director's	39753
decisions on the request to the applicant within seven days after	39754
receiving the request, it is conclusively presumed that the	39755
director approved the applicant's request to have the compliance	39756
review conducted by a certified engineer and the applicant's	39757
choice of the engineer, and the director shall enter into a	39758
contract with the engineer chosen by the applicant. If the	39759
director disapproves the applicant's choice of an engineer and	39760
provides timely notice of the disapproval to the applicant, the	39761
director and applicant, by mutual agreement, shall select another	39762
engineer from the list prepared under this section to conduct the	39763
compliance review, and the director shall enter into a contract	39764
with that engineer.	39765

(E) The director may enter into contracts for conducting	39766
performance reviews under division (D) of this section without	39767
advertising for bids. The commencement of any work under such a	39768
contract shall be contingent upon the director's receipt of	39769
payment from the applicant of an amount that is equal to one	39770
hundred ten per cent of the amount specified in the contract,	39771
excluding contingencies for any additional work that may be needed	39772
to properly complete the review and that was not anticipated when	39773
the contract was made. Moneys received by the director from an	39774
applicant shall be deposited into the permit review fund, which is	39775
hereby created in the state treasury. The director shall use	39776
moneys in the fund to pay the cost of compliance reviews conducted	39777
pursuant to contracts entered into under division (D) of this	39778
section and to administer the certification program established	39779
under division (B) of this section. The director may use any	39780
moneys in the fund not needed for those purposes to administer the	39781
environmental laws or programs of this state.	39782

If, while conducting a compliance review, the engineer finds	39783
that work in addition to that upon which the cost under the	39784
contract was based, or any additional work previously authorized	39785
under this division, is needed to properly review the application	39786
and accompanying information for compliance with the applicable	39787
performance standards, the engineer shall notify the director of	39788
that fact and of the cost of the additional work, as determined	39789
pursuant to the terms of the contract. If the director finds that	39790
the additional work is needed and that the costs of performing the	39791
work have been determined in accordance with the terms of the	39792
contract, the director shall authorize the contractor to perform	39793
the work. Upon completion of the additional work, the contractor	39794
shall submit to the director an invoice for the cost of performing	39795
the additional work, and the director shall forward a copy of the	39796
invoice to the applicant. The applicant is liable to the state for	39797
an amount equal to one hundred ten per cent of the cost of	39798
performing the additional work and, within thirty days after	39799
receiving a copy of the invoice, shall pay to the director an	39800
amount equal to one hundred ten per cent of the amount indicated	39801
on the invoice. Upon receiving this payment, the director shall	39802
forward the moneys to the treasurer of state, who shall deposit	39803
them into the state treasury to the credit of the permit review	39804
fund.	39805

Until the applicant pays to the director the amount due in	39806
connection with the additional work, the director shall not issue	39807
to the applicant any permit, renewal of a permit, or plan	39808
approval, or modification thereof, for which an application is	39809
pending before the director. The director also may certify the	39810
unpaid amount to the attorney general and request that the	39811
attorney general bring a civil action against the applicant to	39812
recover that amount. Any moneys so recovered shall be deposited	39813
into the state treasury to the credit of the permit review fund.	39814

(F) Upon completing a compliance review conducted under this	39815
section, the engineer shall make a certification to the director	39816
as to whether the existing or proposed facility, source, activity,	39817
or modification will comply with the applicable performance	39818
standards. If the certification indicates that the existing or	39819
proposed facility, source, activity, or modification will not	39820
comply, the engineer shall include in the certification the	39821
engineer's findings as to the causes of the noncompliance.	39822

(G) When a compliance review is conducted by an engineer	39823
certified under this section, the other activities in connection	39824
with the consideration, approval, and issuance of the permit,	39825
renewal of the permit, or plan approval, or modification thereof,	39826
shall be conducted by the director or, when applicable, the	39827
hazardous waste facility board established in section 3734.05 of	39828
the Revised Code, in accordance with the applicable provisions of	39829
Chapter 3704., 3734., 6109., or 6111. of the Revised Code and	39830
rules adopted under the applicable chapter.	39831

(H) All expenses incurred by the attorney general in bringing	39832
a civil action under this section shall be reimbursed from the	39833
permit review fund in accordance with Chapter 109. of the Revised	39834
Code.	39835

Sec. 3745.40. (A) There is hereby created the clean Ohio	39836
operating fund consisting of moneys credited to the fund in	39837
accordance with this section. The fund shall be used to pay the	39838
costs incurred by the director of environmental protection	39839
pursuant to sections 122.65 to 122.658 of the Revised Code.	39840
Investment earnings of the fund shall be credited to the fund. For	39841
two years after the effective date of this section, investment	39842
earnings credited to the fundand may be used to pay	39843
administrative costs incurred by the director pursuant to those	39844
sections.	39845

(B) Notwithstanding section 3746.16 of the Revised Code, upon	39846
the request of the director of environmental protection, the	39847
director of development shall certify to the director of budget	39848
and management the amount of excess investment earnings that are	39849
available to be transferred from the clean Ohio revitalization	39850
fund created in section 122.658 of the Revised Code to the clean	39851
Ohio operating fund. Upon certification, the director of budget	39852
and management may transfer from the clean Ohio revitalization	39853
fund to the clean Ohio operating fund an amount not exceeding the	39854
amount of the annual appropriation to the clean Ohio operating	39855
fund.	39856

Sec. 3746.02.  (A) Nothing in this chapter applies to any of	39857
the following:	39858

(1) Property for which a voluntary action under this chapter	39859
is precluded by federal law or regulations adopted under federal	39860
law, including, without limitation, any of the following federal	39861
laws or regulations adopted thereunder:	39862

(a) The "Federal Water Pollution Control Act Amendments of	39863
1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended;	39864

(b) The "Resource Conservation and Recovery Act of 1976," 90	39865
Stat. 2806, 42 U.S.C.A. 6921, as amended;	39866

(c) The "Toxic Substances Control Act," 90 Stat. 2003 (1976),	39867
15 U.S.C.A. 2601, as amended;	39868

(d) The "Comprehensive Environmental Response, Compensation,	39869
and Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9601, as	39870
amended;	39871

(e) The "Safe Drinking Water Act," 88 Stat. 1661 (1974), 42	39872
U.S.C.A. 300(f), as amended.	39873

(2) Those portions of property where closure of a hazardous	39874
waste facility or solid waste facility is required under Chapter	39875
3734. of the Revised Code or rules adopted under it;	39876

(3) Property or properties regardless of ownership that are	39877
subject to remediation rules adopted under the authority of the	39878
division of fire marshal in the department of commerce, including	39879
public safety or under the authority of the superintendent of	39880
industrial compliance under remediation rules adopted under	39881
sections 3737.88, 3737.882, and 3737.889 of the Revised Code;	39882

(4) Property that is subject to Chapter 1509. of the Revised	39883
Code;	39884

(5) Any other property if the director of environmental	39885
protection has issued a letter notifying the owner or operator of	39886
the property that hethe director will issue an enforcement order	39887
under Chapter 3704., 3734., or 6111. of the Revised Code, a	39888
release or threatened release of a hazardous substance or	39889
petroleum from or at the property poses a substantial threat to	39890
public health or safety or the environment, and the person subject	39891
to the order does not present sufficient evidence to the director	39892
that hethe person has entered into the voluntary action program	39893
under this chapter and is proceeding expeditiously to address that	39894
threat. For the purposes of this division, the evidence	39895
constituting sufficient evidence of entry into the voluntary	39896
action program under this chapter shall be defined by the director	39897
by rules adopted under section 3746.04 of the Revised Code. Until	39898
such time as the director has adopted those rules, the director,	39899
at a minimum, shall consider the existence of a contract with a	39900
certified professional to appropriately respond to the threat	39901
named in the director's letter informing the person of histhe	39902
director's intent to issue an enforcement order and the	39903
availability of financial resources to complete the contract to be	39904
sufficient evidence of entry into the program.	39905

(B) The application of any provision of division (A) of this	39906
section to a portion of property does not preclude participation	39907
in the voluntary action program under this chapter in connection	39908
with other portions of the property where those provisions do not	39909
apply.	39910

(C) As used in this section, "property" means any parcel of	39911
real property, or portion thereof, and any improvements thereto.	39912

Sec. 3746.13.  (A) For property that does not involve the	39913
issuance of a consolidated standards permit under section 3746.15	39914
of the Revised Code and where no engineering or institutional	39915
controls are used to comply with applicable standards, the	39916
director of environmental protection shall issue a covenant not to	39917
sue pursuant to section 3746.12 of the Revised Code by issuance of	39918
an order as a final action under Chapter 3745. of the Revised Code	39919
within thirty days after the director receives the no further	39920
action letter for the property and accompanying verification from	39921
the certified professional who prepared the letter under section	39922
3746.11 of the Revised Code.	39923

(B) For property that involves the issuance of a consolidated	39924
standards permit under section 3746.15 of the Revised Code or	39925
where engineering or institutional controls are used to comply	39926
with applicable standards, the director shall issue a covenant not	39927
to sue by issuance of an order as a final action under Chapter	39928
3745. of the Revised Code within ninety days after the director	39929
receives the no further action letter for the property and	39930
accompanying verification from the certified professional who	39931
prepared the letter.	39932

(C) Except as provided in division (D) of this section, each	39933
person who is issued a covenant not to sue under this section	39934
shall pay the fee established pursuant to rules adopted under	39935
division (B)(8) of section 3746.04 of the Revised Code. Until	39936
those rules become effective, each person who is issued a covenant	39937
not to sue shall pay a fee of two thousand dollars. The fee shall	39938
be paid to the director at the time that the no further action	39939
letter and accompanying verification are submitted to the	39940
director.	39941

(D) An applicant, as defined in section 122.65 of the Revised	39942
Code, who has entered into an agreement under section 122.653 of	39943
the Revised Code and who is issued a covenant not to sue under	39944
this section shall not be required to pay the fee for the issuance	39945
of a covenant not to sue established in rules adopted under	39946
division (B)(8) of section 3746.04 of the Revised Code.	39947

Sec. 3747.16.  (A) As provided in division (A)(17) of section	39948
3747.06 of the Revised Code, the staff of the board of directors	39949
of the Ohio low-level radioactive waste facility development	39950
authority shall negotiate with the legislative authority of the	39951
host community for the purpose of developing a compensation	39952
agreement. The agreement shall include compensation for all of the	39953
following:	39954

(1) Replacement of lost tax revenue due to public ownership	39955
of any property based on the amount of tax revenue that would have	39956
been received if the property had not been acquired by the	39957
authority on behalf of the state for use as a disposal site;	39958

(2) Improvements in the public infrastructure necessary to	39959
support development and operation of the facility;	39960

(3) The hiring of employees to address the increased	39961
administrative workload resulting from siting the facility in the	39962
host community and to establish a local public information	39963
program;	39964

(4) Enhanced emergency response capability, including,	39965
without limitation, personnel and equipment;	39966

(5) The hiring of an independent, qualified inspector to be	39967
located at the facility during the period of construction and	39968
operation, with continuing responsibility to monitor all	39969
activities associated with closure, institutional control, and	39970
long-term care;	39971

(6) Compensation for additional direct impacts not identified	39972
in divisions (A)(1) to (5) of this section that may result from	39973
siting the facility in the host community.	39974

Following the negotiations, the board shall approve, approve	39975
with modifications requested by the board, or disapprove the	39976
agreement in accordance with division (A)(17) of section 3747.06	39977
of the Revised Code. If the staff of the board and the legislative	39978
authority of the host community fail to agree on a compensation	39979
agreement, the board shall submit the matter for resolution to the	39980
Ohio commission on dispute resolution and conflict management	39981
created in Chapter 179. of the Revised Code.	39982

(B)(1) In addition to entering into an agreement with the	39983
board for compensation for direct impacts, the host community may	39984
negotiate a benefits agreement with the staff of the board. In	39985
accordance with division (A)(17) of section 3747.06 of the Revised	39986
Code, the board shall approve, approve with modifications	39987
requested by the board, or disapprove any such agreement.	39988

(2) The legislative authority of the host community may	39989
request the board to establish epidemiological health studies in	39990
the host community in accordance with division (A)(18) of section	39991
3747.06 of the Revised Code.	39992

(C) An affected community may petition the board for	39993
compensation for direct impacts on that community. The staff of	39994
the board shall negotiate any such agreement, and the board shall	39995
approve, approve with modifications requested by the board, or	39996
disapprove the agreement in accordance with division (A)(17) of	39997
section 3747.06 of the Revised Code.	39998

(D) At any time after final determination of licensure of the	39999
facility and until the expiration of the first five years that the	40000
facility is in operation, a property owner within the host	40001
community or an affected community who is selling or attempting to	40002
sell the property owner's property and who can demonstrate to the	40003
board that the property has been devalued as a direct result of	40004
the siting of the facility in the host community may petition the	40005
board for compensation or for the purchase of the property in	40006
accordance with rules adopted under division (A)(13) of section	40007
3747.07 of the Revised Code.	40008

Sec. 3748.07.  (A) Every facility that proposes to handle	40009
radioactive material or radiation-generating equipment for which	40010
licensure or registration, respectively, by its handler is	40011
required shall apply in writing to the director of health on forms	40012
prescribed and provided by the director for licensure or	40013
registration. Terms and conditions of licenses and certificates of	40014
registration may be amended in accordance with rules adopted under	40015
section 3748.04 of the Revised Code or orders issued by the	40016
director pursuant to section 3748.05 of the Revised Code.	40017

(B) Until rules are adopted under section 3748.04 of the	40018
Revised Code, an application for a certificate of registration	40019
shall be accompanied by a biennial registration fee of onetwo	40020
hundred sixty dollars. On and after the effective date of those	40021
rules, an applicant for a license, registration certificate, or	40022
renewal of either shall pay the appropriate fee established in	40023
those rules.	40024

All fees collected under this section shall be deposited in	40025
the state treasury to the credit of the general operations fund	40026
created in section 3701.83 of the Revised Code. The fees shall be	40027
used solely to administer and enforce this chapter and rules	40028
adopted under it.	40029

Any fee required under this section that has not been paid	40030
within ninety days after the invoice date shall be assessed at two	40031
times the original invoiced fee. Any fee that has not been paid	40032
within one hundred eighty days after the invoice date shall be	40033
assessed at five times the original invoiced fee.	40034

(C) The director shall grant a license or registration to any	40035
applicant who has paid the required fee and is in compliance with	40036
this chapter and rules adopted under it.	40037

Until rules are adopted under section 3748.04 of the Revised	40038
Code, certificates of registration shall be effective for two	40039
years from the date of issuance. On and after the effective date	40040
of those rules, licenses and certificates of registration shall be	40041
effective for the applicable period established in those rules.	40042
Licenses and certificates of registration shall be renewed in	40043
accordance with the standard renewal procedure established in	40044
Chapter 4745. of the Revised Code.	40045

Sec. 3748.13.  (A) The director of health shall inspect	40046
sources of radiation for which licensure or registration by the	40047
handler is required, and the sources' shielding and surroundings,	40048
according to the schedule established in rules adopted under	40049
division (D) of section 3748.04 of the Revised Code. In accordance	40050
with rules adopted under that section, the director shall inspect	40051
all records and operating procedures of handlers that install	40052
sources of radiation and all sources of radiation for which	40053
licensure of radioactive material or registration of	40054
radiation-generating equipment by the handler is required. The	40055
director may make other inspections upon receiving complaints or	40056
other evidence of violation of this chapter or rules adopted under	40057
it.	40058

The director shall require any hospital registered under	40059
division (A) of section 3701.07 of the Revised Code to develop and	40060
maintain a quality assurance program for all sources of	40061
radiation-generating equipment. A certified radiation expert shall	40062
conduct oversight and maintenance of the program and shall file a	40063
report of audits of the program with the director on forms	40064
prescribed by the director. The audit reports shall become part of	40065
the inspection record.	40066

(B) Until rules are adopted under division (A)(8) of section	40067
3748.04 of the Revised Code, a facility shall pay inspection fees	40068
according to the following schedule and categories:	40069

Until rules are adopted under division (A)(8) of section	40078
3748.04 of the Revised Code, the fee for an inspection to	40079
determine whether violations cited in a previous inspection have	40080
been corrected is fifty per cent of the fee applicable under the	40081
schedule in this division. Until those rules are adopted, the fee	40082
for the inspection of a facility that is not licensed or	40083
registered and for which no license or registration application is	40084
pending at the time of inspection is twothree hundred ninety	40085
sixty-three dollars plus the fee applicable under the schedule in	40086
this division.	40087

The director may conduct a review of shielding plans or the	40088
adequacy of shielding on the request of a licensee or registrant	40089
or an applicant for licensure or registration or during an	40090
inspection when the director considers a review to be necessary.	40091
Until rules are adopted under division (A)(8) of section 3748.04	40092
of the Revised Code, the fee for the review is fourfive hundred	40093
sixty-sixeighty-three dollars for each room where a source of	40094
radiation is used and is in addition to any other fee applicable	40095
under the schedule in this division.	40096

All fees shall be paid to the department of health no later	40097
than thirty days after the invoice for the fee is mailed. Fees	40098
shall be deposited in the general operations fund created in	40099
section 3701.83 of the Revised Code. The fees shall be used solely	40100
to administer and enforce this chapter and rules adopted under it.	40101

Any fee required under this section that has not been paid	40102
within ninety days after the invoice date shall be assessed at two	40103
times the original invoiced fee. Any fee that has not been paid	40104
within one hundred eighty days after the invoice date shall be	40105
assessed at five times the original invoiced fee.	40106

(C) If the director determines that a board of health of a	40107
city or general health district is qualified to conduct	40108
inspections of radiation-generating equipment, the director may	40109
delegate to the board, by contract, the authority to conduct such	40110
inspections. In making a determination of the qualifications of a	40111
board of health to conduct those inspections, the director shall	40112
evaluate the credentials of the individuals who are to conduct the	40113
inspections of radiation-generating equipment and the radiation	40114
detection and measuring equipment available to them for that	40115
purpose. If a contract is entered into, the board shall have the	40116
same authority to make inspections of radiation-generating	40117
equipment as the director has under this chapter and rules adopted	40118
under it. The contract shall stipulate that only individuals	40119
approved by the director as qualified shall be permitted to	40120
inspect radiation-generating equipment under the contract's	40121
provisions. The contract shall provide for such compensation for	40122
services as is agreed to by the director and the board of health	40123
of the contracting health district. The director may reevaluate	40124
the credentials of the inspection personnel and their radiation	40125
detecting and measuring equipment as often as the director	40126
considers necessary and may terminate any contract with the board	40127
of health of any health district that, in the director's opinion,	40128
is not satisfactorily performing the terms of the contract.	40129

(D) The director may enter at all reasonable times upon any	40130
public or private property to determine compliance with this	40131
chapter and rules adopted under it.	40132

Sec. 3769.087.  (A) In addition to the commission of eighteen	40133
per cent retained by each permit holder as provided in section	40134
3769.08 of the Revised Code, each permit holder shall retain an	40135
additional amount equal to four per cent of the total of all	40136
moneys wagered on each racing day on all wagering pools other than	40137
win, place, and show, of which amount retained an amount equal to	40138
three per cent of the total of all moneys wagered on each racing	40139
day on those pools shall be paid by check, draft, or money order	40140
to the tax commissioner, as a tax. Subject to the restrictions	40141
contained in divisions (B), (C), and (M) of section 3769.08 of the	40142
Revised Code, from such additional moneys paid to the tax	40143
commissioner:	40144

(1) Four-sixths shall be allocated to fund distribution as	40145
provided in division (M) of section 3769.08 of the Revised Code.	40146

(2) One-twelfth shall be paid into the Ohio fairs fund	40147
created by section 3769.082 of the Revised Code.	40148

(3) One-twelfth of the additional moneys paid to the tax	40149
commissioner by thoroughbred racing permit holders shall be paid	40150
into the Ohio thoroughbred race fund created by section 3769.083	40151
of the Revised Code.	40152

(4) One-twelfth of the additional moneys paid to the tax	40153
commissioner by harness horse racing permit holders shall be paid	40154
to the Ohio standardbred development fund created by section	40155
3769.085 of the Revised Code.	40156

(5) One-twelfth of the additional moneys paid to the tax	40157
commissioner by quarter horse racing permit holders shall be paid	40158
to the Ohio quarter horse development fund created by section	40159
3769.086 of the Revised Code.	40160

(6) One-sixth shall be paid into the state racing commission	40161
operating fund created by section 3769.03 of the Revised Code.	40162

The remaining one per cent that is retained of the total of	40163
all moneys wagered on each racing day on all pools other than win,	40164
place, and show, shall be retained by racing permit holders, and,	40165
except as otherwise provided in section 3769.089 of the Revised	40166
Code, racing permit holders shall use one-half for purse money and	40167
retain one-half.	40168

(B) In addition to the commission of eighteen per cent	40169
retained by each permit holder as provided in section 3769.08 of	40170
the Revised Code and the additional amount retained by each permit	40171
holder as provided in division (A) of this section, each permit	40172
holder shall retain an additional amount equal to one-half of one	40173
per cent of the total of all moneys wagered on each racing day on	40174
all wagering pools other than win, place, and show. FromExcept as	40175
provided in division (C) of this section, from the additional	40176
amount retained under this division, each permit holder shall	40177
retain an amount equal to one-quarter of one per cent of the total	40178
of all moneys wagered on each racing day on all pools other than	40179
win, place, and show and shall pay that amount by check, draft, or	40180
money order to the tax commissioner, as a tax. The tax	40181
commissioner shall pay the amount of the tax received under this	40182
division to the state racing commission operating fund created by	40183
section 3769.03 of the Revised Code.	40184

TheExcept as provided in division (C) of this section, the	40185
remaining one-quarter of one per cent that is retained from the	40186
total of all moneys wagered on each racing day on all pools other	40187
than win, place, and show shall be retained by the permit holder,	40188
and the permit holder shall use one-half for purse money and	40189
retain one-half.	40190

(C) During the period commencing on July 1, 2003, and ending	40191
on and including June 30, 2005, the additional amount retained by	40192
each permit holder under division (B) of this section shall be	40193
paid by check, draft, or money order to the tax commissioner, as a	40194
tax. The tax commissioner shall pay the amount of the tax received	40195
under this division to the state racing commission operating fund	40196
created by section 3769.03 of the Revised Code.	40197

Sec. 3770.07.  (A)(1) Lottery prize awards shall be claimed	40198
by the holder of the winning lottery ticket, or by the executor or	40199
administrator, or the trustee of a trust, of the estate of a	40200
deceased holder of a winning ticket, in a manner to be determined	40201
by the state lottery commission, within one hundred eighty days	40202
after the date on which such prize award was announced if the	40203
lottery game is an on-line game, and within one hundred eighty	40204
days after the close of the game if the lottery game is an instant	40205
game. Except as otherwise provided in division (B) of this	40206
section, ifIf no valid claim to the prize award is made within	40207
the prescribed period, the prize money or the cost of goods and	40208
services awarded as prizes, or if such goods or services are	40209
resold by the commission, the proceeds from such sale, shall be	40210
returned to the state lottery fund and distributed in accordance	40211
with section 3770.06 of the Revised Code.	40212

(2)(B) If a prize winner, as defined in section 3770.10 of	40213
the Revised Code, is under eighteen years of age, or is under some	40214
other legal disability, and the prize money or the cost of goods	40215
or services awarded as a prize exceeds one thousand dollars, the	40216
director shall order that payment be made to the order of the	40217
legal guardian of that prize winner. If the amount of the prize	40218
money or the cost of goods or services awarded as a prize is one	40219
thousand dollars or less, the director may order that payment be	40220
made to the order of the adult member, if any, of that prize	40221
winner's family legally responsible for the care of that prize	40222
winner.	40223

(3)(C) No right of any prize winner, as defined in section	40224
3770.10 of the Revised Code, to a prize award shall be the subject	40225
of a security interest or used as collateral.	40226

(4)(a)(D)(1) No right of any prize winner, as defined in	40227
section 3770.10 of the Revised Code, to a prize award shall be	40228
assignable, or subject to garnishment, attachment, execution,	40229
withholding, or deduction, except as follows: as provided in	40230
sections 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the	40231
Revised Code; when the payment is to be made to the executor or	40232
administrator or the trustee of a trust of the estate of a winning	40233
ticket holder; when the award of a prize is disputed, any person	40234
may be awarded a prize award to which another has claimed title,	40235
pursuant to the order of a court of competent jurisdiction; when	40236
the director is to make a payment pursuant to sectionsections	40237
3770.071 or 3770.073 of the Revised Code; or as provided in	40238
sections 3770.10 to 3770.14 of the Revised Code.	40239

(b)(2) The commission shall adopt rules pursuant to section	40240
3770.03 of the Revised Code concerning the payment of prize awards	40241
upon the death of a prize winner. Upon the death of a prize	40242
winner, as defined in section 3770.10 of the Revised Code, the	40243
remainder of the prize winner's prize award, to the extent it is	40244
not subject to a transfer agreement under sections 3770.10 to	40245
3770.14 of the Revised Code, may be paid to the executor,	40246
administrator, or trustee in the form of a discounted lump sum	40247
cash settlement.	40248

(5)(E) No lottery prize award shall be awarded to or for any	40249
officer or employee of the state lottery commission, any officer	40250
or employee of the auditor of state actively coordinating and	40251
certifying commission drawings, or any blood relative or spouse of	40252
such officer or employee of the commission or auditor of state	40253
living as a member of such officer's or employee's household, nor	40254
shall any such employee, blood relative, or spouse attempt to	40255
claim a lottery prize award.	40256

(6)(F) The director may prohibit vendors to the commission	40257
and their employees from being awarded a lottery prize award.	40258

(7)(G) Upon the payment of prize awards pursuant to this	40259
section, the director and the commission are discharged from all	40260
further liability therefor.	40261

(B) The commission may adopt rules governing the disbursement	40262
of unclaimed prize awards as all or part of the prize award in a	40263
lottery and may, pursuant to those rules, conduct the lottery and	40264
disburse any such unclaimed prize awards. Any lottery in which all	40265
or any part of the prize award is paid from unclaimed prize awards	40266
shall be conducted in accordance with all of the other	40267
requirements of this chapter, including, but not limited to, the	40268
time and proof requirements for claiming awards and the	40269
disposition of unclaimed prize awards when the prescribed period	40270
for claiming the award has passed. A prize award or any part of a	40271
prize award that is paid from an unclaimed prize award shall not	40272
be reapplied toward the satisfaction of the requirement of	40273
division (A) of section 3770.06 of the Revised Code that at least	40274
fifty per cent of the total revenues from ticket sales be	40275
disbursed for monetary prize awards, if such unclaimed prize award	40276
was previously applied toward the satisfaction of that	40277
requirement. On or before the last day of January and July each	40278
year, the commission shall report to the general assembly the	40279
gross sales and net profits the commission obtained from the	40280
unclaimed prize awards in lotteries conducted pursuant to this	40281
division during the preceding two calendar quarters, including the	40282
amount of money produced by the games funded by the unclaimed	40283
prize awards and the total revenue accruing to the state from the	40284
prize award lotteries conducted pursuant to this division.	40285

There is hereby established in the state treasury the	40286
unclaimed lottery prizes fund, to which all unclaimed prize awards	40287
shall be transferred. Any interest that accrues on the amounts in	40288
the fund shall become a part of the fund and shall be subject to	40289
any rules adopted by the commission governing the disbursement of	40290
unclaimed prize awards.	40291

Sec. 3770.073.  (A) If a person is entitled to a lottery	40292
prize award and is indebted to the state for the payment of any	40293
tax, workers' compensation premium, unemployment contribution,	40294
payment in lieu of unemployment contribution, or charge, penalty,	40295
or interest arising from these debts and the amount of the prize	40296
money or the cost of goods or services awarded as a lottery prize	40297
award is five thousand dollars or more, the director of the state	40298
lottery commission, or the director's designee, shall do either of	40299
the following:	40300

(1) If the prize award will be paid in a lump sum, deduct	40301
from the prize award and pay to the attorney general an amount in	40302
satisfaction of the debt and pay any remainder to that person. If	40303
the amount of the prize award is less than the amount of the debt,	40304
the entire amount of the prize award shall be deducted and paid in	40305
partial satisfaction of the debt.	40306

(2) If the prize award will be paid in annual installments,	40307
on the date the initial installment payment is due, deduct from	40308
that installment and pay to the attorney general an amount in	40309
satisfaction of the debt and, if necessary to collect the full	40310
amount of the debt, do the same for any subsequent annual	40311
installments, at the time the installments become due and owing to	40312
the person, until the debt is fully satisfied.	40313

(B) If a person entitled to a lottery prize award owes more	40314
than one debt, any debt subject to section 5739.33 or division (G)	40315
of section 5747.07 of the Revised Code shall be satisfied first.	40316

(C) This section applies only to debts that have become	40317
final.	40318

Sec. 3770.10. As used in sections 3770.07 and 3770.10 to	40319
3770.14 of the Revised Code:	40320

(A) "Court of competent jurisdiction" means either the	40321
general division or the probate division of the court of common	40322
pleas of the county in which the prize winner resides, or, if the	40323
prize winner is not a resident of this state, either the general	40324
division or the probate division of the court of common pleas of	40325
Franklin county or a federal court having jurisdiction over the	40326
lottery prize award.	40327

(B) "Discounted present value" means the present value of the	40328
future payments of a lottery prize award that is determined by	40329
discounting those payments to the present, using the most recently	40330
published applicable federal rate for determining the present	40331
value of an annuity as issued by the United States internal	40332
revenue service and assuming daily compounding.	40333

(C) "Independent professional advice" means the advice of an	40334
attorney, a certified public accountant, an actuary, or any other	40335
licensed professional adviser if all of the following apply:	40336

(1) The prize winner has engaged the services of the licensed	40337
professional adviser to render advice concerning the legal and	40338
other implications of a transfer of the lottery prize award.	40339

(2) The licensed professional adviser is not affiliated in	40340
any manner with or compensated in any manner by the transferee of	40341
the lottery prize award.	40342

(3) The compensation of the licensed professional adviser is	40343
not affected by whether or not a transfer of a lottery prize award	40344
occurs.	40345

(D) "Prize winner" means any person that holds the right to	40346
receive all or any part of a lottery prize award as a result of	40347
being any of the following:	40348

(1) A person who is a claimant under division (A)(1) of	40349
section 3770.07 of the Revised Code;	40350

(2) A person who is entitled to a prize award and who is	40351
under a legal disability as described in division (A)(2)(B) of	40352
section 3770.07 of the Revised Code;	40353

(3) A person who was awarded a prize award to which another	40354
has claimed title by a court order under division (A)(4)(a)(D)(1)	40355
of section 3770.07 of the Revised Code;	40356

(4) A person who is receiving payments upon the death of a	40357
prize winner as provided in division (A)(4)(b)(D)(2) of section	40358
3770.07 of the Revised Code.	40359

(E) "Transfer" means any form of sale, assignment, or	40360
redirection of payment of all or any part of a lottery prize award	40361
for consideration.	40362

(F) "Transfer agreement" means an agreement that is complete	40363
and valid, and that provides for the transfer of all or any part	40364
of a lottery prize award from a transferor to a transferee. A	40365
transfer agreement is incomplete and invalid unless the agreement	40366
contains both of the following:	40367

(1) A statement, signed by the transferor under penalties of	40368
perjury, that the transferor irrevocably agrees that the	40369
transferor is subject to the tax imposed by Chapter 5733. or 5747.	40370
of the Revised Code with respect to gain or income which the	40371
transferor will recognize in connection with the transfer. If the	40372
transferor is a pass-through entity, as defined in section 5733.04	40373
of the Revised Code, each investor in the pass-through entity	40374
shall also sign under penalties of perjury a statement that the	40375
investor irrevocably agrees that the investor is subject to the	40376
tax imposed by Chapter 5733. or 5747. of the Revised Code with	40377
respect to gain or income which the transferor and the investor	40378
will recognize in connection with the transfer.	40379

(2) A statement, signed by the transferee, that the	40380
transferee irrevocably agrees that the transferee is subject to	40381
the withholding requirements imposed by division (C) of section	40382
3770.072 of the Revised Code and is subject to the tax imposed by	40383
Chapter 5733. or 5747. of the Revised Code with respect to gain or	40384
income which the transferee will recognize in connection with	40385
lottery prize awards to be received as a result of the transfer.	40386
If the transferee is a pass-through entity, as defined in section	40387
5733.04 of the Revised Code, each investor in the pass-through	40388
entity shall also sign under penalties of perjury a statement	40389
setting forth that the investor irrevocably agrees that the	40390
investor is subject to the withholding requirements imposed by	40391
division (C) of section 3770.072 of the Revised Code and is	40392
subject to the tax imposed by Chapter 5733. or 5747. of the	40393
Revised Code with respect to gain or income which the transferee	40394
and the investor will recognize in connection with lottery prize	40395
awards to be received as a result of the transfer.	40396

(G) "Transferee" means a party acquiring or proposing to	40397
acquire all or any part of a lottery prize award through a	40398
transfer.	40399

(H) "Transferor" means either a prize winner or a transferee	40400
in an earlier transfer whose interest is acquired by or is sought	40401
to be acquired by a transferee or a new transferee through a	40402
transfer.	40403

Sec. 3770.12.  A court of competent jurisdiction mayshall	40404
approve a transfer of a lottery prize award only in a final order	40405
that is based on the express findings of the court, and the. The	40406
court shall approve the transfer only if each of the following	40407
conditions that applies is met and is included in the court's	40408
express findings shall include all of the following:	40409

(A) If the transferor is a prize winner, the transferee has	40410
provided to the prize winner a disclosure statement that complies	40411
with section 3770.11 of the Revised Code, and the prize winner has	40412
confirmed the prize winner's receipt of the disclosure statement,	40413
as evidenced by the prize winner's notarized signature on a copy	40414
of the disclosure statement.	40415

(B) If the transferor is a prize winner, the prize winner has	40416
established that the transfer is fair and reasonable and in the	40417
best interests of the prize winner.	40418

(C) If the transferor is a prize winner, the prize winner has	40419
received independent professional advice regarding the legal and	40420
other implications of the transfer.	40421

(D)(C) The transferee has given written notice of the	40422
transferee's name, address, and taxpayer identification number to	40423
the state lottery commission and has filed a copy of that notice	40424
with the court in which the application for approval of the	40425
transfer was filed.	40426

(E)(D) The transferee is a trust, limited partnership,	40427
general partnership, corporation, professional association,	40428
limited liability company, or other entity that is qualified to do	40429
business in this state and meets the registration requirements for	40430
that type of entity under Title XVII of the Revised Code.	40431

(F)(E) The transfer complies with all applicable requirements	40432
of the Revised Code and does not contravene any applicable law.	40433

(G)(F) The transfer does not include or cover the amounts of	40434
the lottery prize award that are required to be withheld or	40435
deducted pursuant to section 3119.80, 3119.81, 3121.02, 3121.03,	40436
3123.06, 3770.071, or 3770.072 of the Revised Code.	40437

(H)(G) Any amounts described in division (G)(F) of this	40438
section that are required to be withheld or deducted, as of the	40439
date of the court order, will be offset by the commission first	40440
against remaining payments due the transferor and then against	40441
payments due the transferee.	40442

(I)(H) Except as provided in divisions (F) and (G) and (H) of	40443
this section, that the transferor's interest in each and all of	40444
the future payments from a particular lottery prize award is to be	40445
paid to a single transferee, or, if the payments from the lottery	40446
prize award are to be directed from the state lottery commission	40447
to multiple transferees, the commission has promulgated rules	40448
under section 3770.03 of the Revised Code permitting transfers to	40449
multiple transferees, and the transfer is consistent with those	40450
rules.	40451

(J)(I) If the lottery prize award has been transferred within	40452
twelve months immediately preceding the effective date of the	40453
proposed transfer, the state lottery commission has not objected	40454
to the proposed transfer. The court shall presume that the	40455
requirements of this division are met unless the commission	40456
notifies the court in writing before the hearing on the	40457
application for transfer, or through counsel at that hearing, that	40458
a transfer of the same lottery prize award has been made within	40459
that twelve-month period and that the commission objects to a	40460
subsequent transfer within that twelve-month period. The court	40461
shall find that the requirements of this division are not met if	40462
the commission provides notice of a prior transfer of the same	40463
lottery prize award within that twelve-month period and its	40464
objection to the proposed transfer, unless the transferor or	40465
transferee shows by clear and convincing evidence that no previous	40466
transfer of the same lottery prize award occurred within that	40467
twelve-month period.	40468

If the court determines that all of the conditions in	40469
divisions (A) to (I) of this section that apply are met, the	40470
transfer of the lottery prize award shall be presumed to be fair	40471
and reasonable and in the best interests of the prize winner.	40472

Sec. 3770.99.  (A) Whoever is prohibited from claiming a	40473
lottery prize award under division (A)(5)(E) of section 3770.07 of	40474
the Revised Code and attempts to claim or is paid a lottery prize	40475
award is guilty of a minor misdemeanor, and shall provide	40476
restitution to the state lottery commission of any moneys	40477
erroneously paid as a lottery prize award to that person.	40478

(B) Whoever violates division (C) of section 3770.071 or	40479
section 3770.08 of the Revised Code is guilty of a misdemeanor of	40480
the third degree.	40481

Sec. 3773.33.  (A) There is hereby created the Ohio athletic	40482
commission. The commission shall consist of five voting members	40483
appointed by the governor with the advice and consent of the	40484
senate, not more than three of whom shall be of the same political	40485
party, and two nonvoting members, one of whom shall be a member of	40486
the senate appointed by and to serve at the pleasure of the	40487
president of the senate and one of whom shall be a member of the	40488
house of representatives appointed by and to serve at the pleasure	40489
of the speaker of the house of representatives. To be eligible for	40490
appointment as a voting member, a person shall be a qualified	40491
elector and a resident of the state for not less than five years	40492
immediately preceding the person's appointment. Two voting members	40493
shall be knowledgeable in boxing, at least one voting member shall	40494
be knowledgeable and experienced in high school athletics, one	40495
voting member shall be knowledgeable and experienced in	40496
professional athletics, and at least one voting member shall be	40497
knowledgeable and experienced in collegiate athletics. One	40498
commission member shall hold the degree of doctor of medicine or	40499
doctor of osteopathy.	40500

(B) No person shall be appointed to the commission or be an	40501
employee of the commission who is licensed, registered, or	40502
regulated by the commission. No member shall have any legal or	40503
beneficial interest, direct or indirect, pecuniary or otherwise,	40504
in any person who is licensed, registered, or regulated by the	40505
commission or who participates in prize fights or public boxing or	40506
wrestling matches or exhibitions. No member shall participate in	40507
any fight, match, or exhibition other than in the member's	40508
official capacity as a member of the commission, or as an	40509
inspector as authorized in section 3773.52 of the Revised Code.	40510

(C) The governor shall appoint the voting members to the	40511
commission. Of the initial appointments, two shall be for terms	40512
ending one year after September 3, 1996, two shall be for terms	40513
ending two years after September 3, 1996, and one shall be for a	40514
term ending three years after September 3, 1996. Thereafter, terms	40515
of office shall be for three years, each term ending the same day	40516
of the same month of the year as did the term which it succeeds.	40517
Each member shall hold office from the date of the member's	40518
appointment until the end of the term for which the member was	40519
appointed. Any member appointed to fill a vacancy occurring prior	40520
to the expiration of the term for which the member's predecessor	40521
was appointed shall hold office for the remainder of the term. Any	40522
member shall continue in office subsequent to the expiration date	40523
of the member's term until the member's successor takes office, or	40524
until a period of sixty days has elapsed, whichever occurs first.	40525

The governor shall name one voting member as chairperson of	40526
the commission at the time of making the appointment of any member	40527
for a full term. Three voting members shall constitute a quorum,	40528
and the affirmative vote of three voting members shall be	40529
necessary for any action taken by the commission. No vacancy on	40530
the commission impairs the authority of the remaining members to	40531
exercise all powers of the commission.	40532

Voting members, when engaged in commission duties, shall	40533
receive a per diem compensation determined in accordance with	40534
division (J) of section 124.15 of the Revised Code, and all	40535
members shall receive their actual and necessary expenses incurred	40536
in the performance of their official duties.	40537

Each voting member, before entering upon the discharge of the	40538
member's duties, shall file a surety bond payable to the treasurer	40539
of state in the sum of ten thousand dollars. Each surety bond	40540
shall be conditioned upon the faithful performance of the duties	40541
of the office, executed by a surety company authorized to transact	40542
business in this state, and filed in the office of the secretary	40543
of state.	40544

The governor may remove any voting member for malfeasance,	40545
misfeasance, or nonfeasance in office after giving the member a	40546
copy of the charges against the member and affording the member an	40547
opportunity for a public hearing, at which the member may be	40548
represented by counsel, upon not less than ten days' notice. If	40549
the member is removed, the governor shall file a complete	40550
statement of all charges made against the member and the	40551
governor's finding thereonon the charges in the office of the	40552
secretary of state, together with a complete report of the	40553
proceedings. The governor's decision shall be final.	40554

(D) The commission shall maintain an office in Youngstown and	40555
keep all of its permanent records there.	40556

Sec. 3773.43.  The Ohio athletic commission shall charge the	40557
following fees:	40558

(A) For an application for or renewal of a promoter's license	40559
for public boxing matches or exhibitions, fiftyone hundred	40560
dollars.	40561

(B) For an application for or renewal of a license to	40562
participate in a public boxing match or exhibition as a	40563
contestant, or as a referee, judge, matchmaker, manager,	40564
timekeeper, trainer, or second of a contestant, tentwenty	40565
dollars.	40566

(C) For a permit to conduct a public boxing match or	40567
exhibition, tenfifty dollars.	40568

(D) For an application for or renewal of a promoter's license	40569
for professional wrestling matches or exhibitions, onetwo hundred	40570
dollars.	40571

(E) For a permit to conduct a professional wrestling match or	40572
exhibition, fiftyone hundred dollars.	40573

The commission, subject to the approval of the controlling	40574
board, may establish fees in excess of the amounts provided in	40575
this section, provided that such fees do not exceed the amounts	40576
permitted by this section by more than twenty-fivefifty per cent.	40577

The fees prescribed by this section shall be paid to the	40578
treasurer of state, who shall deposit the fees in the occupational	40579
licensing and regulatory fund.	40580

Sec. 3781.07.  There is hereby established in the department	40581
of commerce a board of building and fire standards consisting of	40582
tenthe state fire marshal, the superintendent of the division of	40583
industrial compliance, and thirteen members appointed by the	40584
governor with the advice and consent of the senate. The board	40585
shall appoint a secretary who shall serve in the unclassified	40586
civil service for a term of six years at a salary fixed pursuant	40587
to Chapter 124. of the Revised Code. The board may employ	40588
additional staff in the classified civil service. The secretary	40589
may be removed by the board under the rules the board adopts.	40590
Terms of office of appointed members shall be for four years,	40591
commencing on the fourteenth day of October and ending on the	40592
thirteenth day of October. Each member shall hold office from the	40593
date of appointment until the end of the term for which the member	40594
was appointed. Any member appointed to fill a vacancy occurring	40595
prior to the expiration of the term for which the member's	40596
predecessor was appointed shall hold office for the remainder of	40597
such term. Any member shall continue in office subsequent to the	40598
expiration date of the member's term until the member's successor	40599
takes office, or until a period of sixty days has elapsed,	40600
whichever occurs first. One of the members appointed to the board	40601
shall be an attorney at law, admitted to the bar of this state;	40602
two shall be registered architects; two shall be professional	40603
engineers, one in the field of mechanical and one in the field of	40604
structural engineering, each of whom shall be duly licensed to	40605
practice such profession in this state; one shall be a person of	40606
recognized ability, broad training, and fifteen years experience	40607
in problems and practice incidental to the construction and	40608
equipment of buildings specified in section 3781.06 of the Revised	40609
Code; one shall be a person with recognized ability and experience	40610
in the manufacture and construction of industrialized units as	40611
defined in section 3781.06 of the Revised Code; one shall be a	40612
member of the fire service with recognized ability and broad	40613
training in the field of fire protection and suppression; one	40614
shall be a person with at least ten years of experience and	40615
recognized expertise in building codes and standards and the	40616
manufacture of construction materials; and one shall be a general	40617
contractor with experience in residential and commercial	40618
construction one shall be a building official chosen from a list	40619
of candidates submitted to the governor by the Ohio building	40620
officials association; one shall be a fire chief with recognized	40621
ability and broad training in the field of fire prevention chosen	40622
from a list of candidates submitted to the governor by the Ohio	40623
fire chiefs association; and one shall be a fire fighter with	40624
recognized ability and broad training in the field of fire	40625
protection and suppression systems chosen from a list of	40626
candidates submitted to the governor by the Ohio fire alliance.	40627
Each member of the board, not otherwise required to take an oath	40628
of office, shall take the oath prescribed by the constitution.	40629
Each member shall receive as compensation an amount fixed pursuant	40630
to division (J) of section 124.15 of the Revised Code, and shall	40631
receive actual and necessary expenses in the performance of	40632
official duties. The amount of such expenses shall be certified by	40633
the secretary of the board and paid in the same manner as the	40634
expenses of employees of the department of commerce are paid.	40635

Sec. 3781.071.  (A) There is hereby created within the	40636
department of commerce the Ohio building code advisory committee	40637
consisting of the superintendent of industrial compliance or the	40638
superintendent's designee and four persons appointed by the	40639
governor. Of the advisory committee's members, one shall be a	40640
building official recommended by the Ohio building officials	40641
association; one shall be a licensed architect recommended by the	40642
Ohio chapter of the American institute of architects, one shall be	40643
a registered professional engineer recommended by the American	40644
council of engineering companies of Ohio; and one shall be a	40645
registered professional engineer recommended by the Ohio society	40646
of professional engineers.	40647

(B) The governor shall make appointments to the advisory	40648
committee within ninety days after the effective date of this	40649
section. Terms of office shall be for three years, with each term	40650
ending on the date three years after the date of appointment. Each	40651
member shall hold office from the date of appointment until the	40652
end of the term for which the member was appointed. The governor	40653
shall fill a vacancy in the manner provided for initial	40654
appointments. Any member appointed to fill a vacancy in an	40655
unexpired term shall hold office as a member for the remainder of	40656
that term.	40657

(C) Members of the advisory committee shall receive no salary	40658
for the performance of their duties as members, but shall receive	40659
their actual and necessary expenses incurred in the performance of	40660
their duties as members of the advisory committee.	40661

(D) The advisory committee is not subject to divisions (A)	40662
and (B) of section 101.84 of the Revised Code.	40663

(E) The advisory committee shall do all of the following:

40664

(1) Advise the board of building and fire standards	40665
concerning adoption of the building code, including the mechanical	40666
code, plumbing code, fuel gas code, and other codes relative to	40667
buildings and structures other than the fire code;	40668

(2) Advise the board regarding the establishment of standards	40669
for certification of building officials who enforce the building	40670
code;	40671

(3) Assist the board in providing information and guidance to	40672
contractors and building officials who enforce the building code;	40673

(4) Advise the board regarding the interpretation of the	40674
building code adopted by the board pursuant to section 3781.10 of	40675
the Revised Code;	40676

(5) Make recommendations to the board regarding other matters	40677
that may impact upon the specific duties and areas of concern	40678
assigned to the committee;	40679

(6) Provide other assistance as it considers necessary.

40680

(F) In providing advice concerning adoption of the building	40681
code pursuant to division (E)(1) of this section, the advisory	40682
committee and the Ohio fire code advisory committee shall make	40683
joint recommendations to the board as those advisory committees	40684
determine appropriate.	40685

Sec. 3781.072.  (A) There is hereby created within the	40686
department of commerce the Ohio fire code advisory committee	40687
consisting of the state fire marshal or the fire marshal's	40688
designee and four persons appointed by the governor. Of the	40689
advisory committee's members, one shall be recommended by the Ohio	40690
association of professional fire fighters; one shall be	40691
recommended by the Ohio state fire fighters association, one shall	40692
be recommended by the Ohio fire chiefs association; and one shall	40693
be recommended by the Ohio fire officials association.	40694

(B) The governor shall make appointments to the advisory	40695
committee within ninety days after the effective date of this	40696
section. Terms of office shall be for three years, with each term	40697
ending on the date three years after the date of appointment. Each	40698
member shall hold office from the date of appointment until the	40699
end of the term for which the member was appointed. The governor	40700
shall fill a vacancy in the manner provided for initial	40701
appointments. Any member appointed to fill a vacancy in an	40702
unexpired term shall hold office as a member for the remainder of	40703
that term.	40704

(C) Members of the advisory committee shall receive no salary	40705
for the performance of their duties as members, but shall receive	40706
their actual and necessary expenses incurred in the performance of	40707
their duties as members of the advisory committee.	40708

(D) The advisory committee is not subject to divisions (A)	40709
and (B) of section 101.84 of the Revised Code.	40710

(E) The advisory committee shall do all of the following:

40711

(1) Advise the board of building and fire standards	40712
concerning adoption of the state fire code;	40713

(2) Advise the board regarding the interpretation of the	40714
state fire code adopted pursuant to section 3737.82 of the Revised	40715
Code;	40716

(3) Make recommendations to the board regarding other matters	40717
that may impact upon the duties and specific areas of concern	40718
assigned to the committee;	40719

(4) Any additional duties required by the board.

40720

(F) In providing advice concerning adoption of the state fire	40721
code pursuant to division (E)(1) of this section, the advisory	40722
committee and the Ohio building code advisory committee shall make	40723
joint recommendations to the board as those advisory committees	40724
determine appropriate.	40725

Sec. 3781.19.  There is hereby established in the department	40726
of commerce a board of building appeals consisting of fiveseven	40727
members who shall be appointed by the governor with the advice and	40728
consent of the senate. Terms of office shall be for four years,	40729
commencing on the fourteenth day of October and ending on the	40730
thirteenth day of October. Each member shall hold office from the	40731
date of his appointment until the end of the term for which hethe	40732
member was appointed. Any member appointed to fill a vacancy	40733
occurring prior to the expiration of the term for which histhe	40734
member's predecessor was appointed shall hold office for the	40735
remainder of such term. Any member shall continue in office	40736
subsequent to the expiration date of histhe member's term until	40737
hisa successor takes office, or until a period of sixty days has	40738
elapsed, whichever occurs first. One member shall be an	40739
attorney-at-law, admitted to the bar of this state and of the	40740
remaining members, one shall be a registered architect and one	40741
shall be a professional engineer, each of whom shall be duly	40742
licensed to practice their respective professions in this state,	40743
one shall be a fire prevention officer qualified under section	40744
3737.66 of the Revised Code, and one shall be a person with	40745
recognized ability in the plumbing or pipefitting profession, one	40746
shall be a fire protection engineer, and one shall be a certified	40747
building professional. No member of the board of building and fire	40748
standards shall be a member of the board of building appeals. Each	40749
member shall be paid an amount fixed pursuant to Chapter 124. of	40750
the Revised Code per diem. The department shall provide and assign	40751
to the board such employees as are required by the board to	40752
perform its functions. The board may adopt its own rules of	40753
procedure not inconsistent with sections 3781.06 to 3781.18 and	40754
3791.04 of the Revised Code, and may change them in its	40755
discretion. The board may establish reasonable fees, based on	40756
actual costs for administration of filing and processing, not to	40757
exceed onetwo hundred dollars, for the costs of filing and	40758
processing appeals. A full and complete record of all proceedings	40759
of the board shall be kept and be open to public inspection.	40760

In the enforcement by any department of the state or any	40761
political subdivision of this chapter and Chapter 3791., and	40762
sections 3737.41, 3737.42, 4104.02, 4104.06, 4104.44, 4104.45,	40763
4105.011, and 4105.11 of the Revised Code and any rule made	40764
thereunder, such department is the agency referred to in sections	40765
119.07, 119.08, and 119.10 of the Revised Code.	40766

The appropriate municipal or county board of appeals, where	40767
one exists, certified pursuant to section 3781.20 of the Revised	40768
Code shall conduct the adjudication hearing referred to in	40769
sections 119.09 to 119.13 and required by section 3781.031 of the	40770
Revised Code. If there is no certified municipal or county board	40771
of appeals, the board of building appeals shall conduct the	40772
adjudication hearing. If the adjudication hearing concerns section	40773
3781.111 of the Revised Code or any rule made thereunder,	40774
reasonable notice of the time, date, place, and subject of the	40775
hearing shall be given to any local corporation, association, or	40776
other organization composed of or representing handicapped	40777
persons, as defined in section 3781.111 of the Revised Code, or if	40778
there is no local organization, then to any statewide corporation,	40779
association, or other organization composed of or representing	40780
handicapped persons.	40781

In addition to the provisions of Chapter 119. of the Revised	40782
Code, the municipal, county, or state board of building appeals,	40783
as the agency conducting the adjudication hearing, may reverse or	40784
modify the order of the enforcing agency if it finds that the	40785
order is contrary to this chapter and Chapters 3791. and 4104.,	40786
and sections 3737.41, 3737.42, 4105.011 and 4105.11 of the Revised	40787
Code and any rule made thereunder or to a fair interpretation or	40788
application of such laws or any rule made thereunder, or that a	40789
variance from the provisions of such laws or any rule made	40790
thereunder, in the specific case, will not be contrary to the	40791
public interest where a literal enforcement of such provisions	40792
will result in unnecessary hardship.	40793

The state board of building appeals or a certified municipal	40794
or county board of appeals shall render its decision within thirty	40795
days after the date of the adjudication hearing. Following the	40796
adjudication hearing, any municipal or county officer, official	40797
municipal or county board, or person who was a party to the	40798
hearing before the municipal or county board of appeals may apply	40799
to the state board of appeals for a de novo hearing before the	40800
state board, or may appeal directly to the court of common pleas	40801
pursuant to section 3781.031 of the Revised Code.	40802

In addition, any local corporation, association, or other	40803
organization composed of or representing handicapped persons as	40804
defined in section 3781.111 of the Revised Code, or, if no local	40805
corporation, association, or organization exists, then any	40806
statewide corporation, association, or other organization composed	40807
of or representing handicapped persons may apply for the de novo	40808
hearing or appeal to the court of common pleas from any decision	40809
of a certified municipal or county board of appeals interpreting,	40810
applying, or granting a variance from section 3781.111 of the	40811
Revised Code and any rule made thereunder. Application for a de	40812
novo hearing before the state board shall be made no later than	40813
thirty days after the municipal or county board renders its	40814
decision.	40815

The state board of building appeals or the appropriate	40816
certified local board of building appeals shall grant variances	40817
and exemptions from the requirements of section 3781.108 of the	40818
Revised Code in accordance with rules adopted by the board of	40819
building standards pursuant to division (J) of section 3781.10 of	40820
the Revised Code.	40821

The state board of building appeals or the appropriate	40822
certified local board of building appeals shall, in granting a	40823
variance or exemption from section 3781.108 of the Revised Code,	40824
in addition to any other considerations the state or the	40825
appropriate local board determines appropriate, consider the	40826
architectural and historical significance of the building.	40827

Sec. 3781.22.  Wherever in the Revised Code reference is made	40828
to the board of building standards, the reference is deemed to	40829
mean the board of building and fire standards. The legislative	40830
service commission shall change references to the board of	40831
building standards to the board of building and fire standards as	40832
sections of the Revised Code are amended.	40833

Sec. 3901.491.  (A) As used in this section:

40834

(1) "Genetic screening or testing" means a laboratory test of	40835
a person's genes or chromosomes for abnormalities, defects, or	40836
deficiencies, including carrier status, that are linked to	40837
physical or mental disorders or impairments, or that indicate a	40838
susceptibility to illness, disease, or other disorders, whether	40839
physical or mental, which test is a direct test for abnormalities,	40840
defects, or deficiencies, and not an indirect manifestation of	40841
genetic disorders.	40842

(2) "Insurer" means any person authorized under Title XXXIX	40843
of the Revised Code to engage in the business of sickness and	40844
accident insurance.	40845

(3) "Sickness and accident insurance" means sickness and	40846
accident insurance under Chapter 3923. of the Revised Code	40847
excluding disability income insurance and excluding supplemental	40848
policies of sickness and accident insurance.	40849

(B) Upon the repeal of section 3901.49 of the Revised Code by	40850
Sub. H.B. No. 71 of the 120th general assembly, no insurer shall	40851
do either of the following:	40852

(1) Consider any information obtained from genetic screening	40853
or testing in processing an application for an individual or group	40854
policy of sickness and accident insurance, or in determining	40855
insurability under such a policy;	40856

(2) Inquire, directly or indirectly, into the results of	40857
genetic screening or testing or use such information, in whole or	40858
in part, to cancel, refuse to issue or renew, or limit benefits	40859
under, a sickness and accident insurance policy.	40860

(C) Any insurer that has engaged in, is engaged in, or is	40861
about to engage in a violation of division (B) of this section is	40862
subject to the jurisdiction of the superintendent of insurance	40863
under section 3901.04 of the Revised Code.	40864

Sec. 3901.501.  (A) As used in this section:

40865

(1) "Genetic screening or testing" means a laboratory test of	40866
a person's genes or chromosomes for abnormalities, defects, or	40867
deficiencies, including carrier status, that are linked to	40868
physical or mental disorders or impairments, or that indicate a	40869
susceptibility to illness, disease, or other disorders, whether	40870
physical or mental, which test is a direct test for abnormalities,	40871
defects, or deficiencies, and not an indirect manifestation of	40872
genetic disorders.	40873

(2) "Self-insurer" means any government entity providing	40874
coverage for health care services on a self-insurance basis.	40875

(B) Upon the repeal of section 3901.50 of the Revised Code by	40876
Sub. H.B. No. 71 of the 120th general assembly, no self-insurer	40877
shall do either of the following:	40878

(1) Consider any information obtained from genetic screening	40879
or testing in processing an application for coverage under a plan	40880
of self-insurance or in determining insurability under such a	40881
plan;	40882

(2) Inquire, directly or indirectly, into the results of	40883
genetic screening or testing or use such information, in whole or	40884
in part, to cancel, refuse to provide or renew, or limit benefits	40885
under, a plan of self-insurance.	40886

(C) Any self-insurer that has engaged in, is engaged in, or	40887
is about to engage in a violation of division (B) of this section	40888
is subject to the jurisdiction of the superintendent of insurance	40889
under section 3901.04 of the Revised Code.	40890

Sec. 3901.72.  Any person may advance to a domestic insurance	40891
company or a health insuring corporation any sum of money	40892
necessary for the purpose of the insurance company's or health	40893
insuring corporation's business, or to enable the insurance	40894
company or health insuring corporation to comply with any law, or	40895
as a cash guarantee fund. Such money, and interest agreed upon,	40896
not exceeding ten per cent per annum or the total of four hundred	40897
basis points plus the rate on United States treasury notes or	40898
bonds closest in maturity to the final repayment date of the money	40899
so advanced, whichever is greater, shall not be a liability or	40900
claim against the insurance company or health insuring	40901
corporation, or any of its assets, except as provided in this	40902
section, and shall be repaid only out of the surplus earnings of	40903
such insurance company or health insuring corporation. Except as	40904
ordered by the superintendent of insurance, no part of the	40905
principal or interest thereof shall be repaid until the surplus of	40906
the insurance company or health insuring corporation remaining	40907
after such repayment is equal in amount to the principal of the	40908
money so advanced. Such advancement and repayment shall be subject	40909
to the approval of the superintendent, provided that this section	40910
shall not affect the power to borrow money which any such	40911
insurance company or health insuring corporation possesses under	40912
other laws. No commission or promotion expenses shall be paid by	40913
the insurance company or health insuring corporation, in	40914
connection with the advance of any such money to the insurance	40915
company or health insuring corporation, and the amount of any such	40916
unpaid advance shall be reported in each annual statement.	40917

Sec. 3901.86.  (A) When the laws of any other state,	40918
district, territory, or nation impose any taxes, fines, penalties,	40919
license fees, deposits of money, securities, or other obligations	40920
or prohibitions on insurance companies of this state doing	40921
business in that state, district, territory, or nation, or upon	40922
their agents therein, the same obligations and prohibitions shall	40923
be imposed upon insurance companies of the other state, district,	40924
or nation doing business in this state and upon their agents.	40925

When the laws of any other state, district, territory, or	40926
nation impose a requirement for countersignature and payment of a	40927
fee or commission upon agents of this state for placing any	40928
coverage in that state, district, territory, or nation, then the	40929
same requirements of countersignature and fee or commission shall	40930
be imposed upon agents of that state, district, territory, or	40931
nation for placing any coverage in this state.	40932

(B) Beginning on July 1, 1993, twenty per cent of the amount	40933
that is collected under division (A) of this section from foreign	40934
insurance companies that sell fire insurance to residents of this	40935
state shall be paid into the state fire marshal's fund created	40936
under section 3737.71 of the Revised Code. The director of	40937
commercepublic safety, with the approval of the director of	40938
budget and management, may increase the percentage described in	40939
this division so that it will yield an amount that the director of	40940
commercepublic safety determines necessary to assist in the	40941
maintenance and administration of the office of the fire marshal	40942
and in defraying the costs of operating the Ohio fire academy	40943
established by section 3737.33 of the Revised Code.	40944

Sec. 4104.01.  As used in sections 4104.01 to 4104.20 and	40945
section 4104.99 of the Revised Code:	40946

(A) "Board of building standards" or "board" means the board	40947
established by section 3781.07 of the Revised Code.	40948

(B) "Superintendent" means the superintendent of the division	40949
of industrial compliance created by section 121.04 of the Revised	40950
Code.	40951

(C) "Boiler" means a closed vessel in which water is heated,	40952
steam is generated, steam is superheated, or any combination	40953
thereof, under pressure or vacuum for use externally to itself by	40954
the direct application of heat from the combustion of fuels, or	40955
from electricity or nuclear energy. "Boiler" includes fired units	40956
for heating or vaporizing liquids other than water where these	40957
units are separate from processing systems and are complete within	40958
themselves.	40959

(D) "Power boiler" means a boiler in which steam or other	40960
vapor (to be used externally to itself) is generated at a pressure	40961
of more than fifteen psig.	40962

(E) "High pressure, high temperature water boiler" means a	40963
water heating boiler operating at pressures exceeding one hundred	40964
sixty psig or temperatures exceeding two hundred fifty degrees	40965
Fahrenheit.	40966

(F) "Low pressure boiler" means a steam boiler operating at	40967
pressures not exceeding fifteen psig, or a hot water heating	40968
boiler operating at pressures not exceeding one hundred sixty psig	40969
or temperatures not exceeding two hundred fifty degrees	40970
Fahrenheit.	40971

(G) "Unfired pressurePressure vessel" means a container for	40972
the containment of pressure, either internal or external. This	40973
pressure may be obtained from an external source or by the	40974
application of heat from a direct or indirect source or any	40975
combination thereof.	40976

(H) "Process boiler" means a boiler to which all of the	40977
following apply:	40978

(1) The steam in the boiler is either generated or	40979
superheated, or both, under pressure or vacuum for use external to	40980
itself.	40981

(2) The source of heat for the boiler is in part or in whole	40982
from a process other than the boiler itself.	40983

(3) The boiler is part of a continuous processing unit, such	40984
as used in chemical manufacture or petroleum refining, other than	40985
a steam-generated process unit.	40986

(I) "Stationary steam engine" means an engine or turbine in	40987
which the mechanical force arising from the elasticity and	40988
expansion action of steam or from its property of rapid	40989
condensation or from a combination of the two is made available as	40990
a motive power.	40991

Sec. 4104.02.  The board of building standards shall:

40992

(A) Formulate rules for the construction, installation,	40993
inspection, repair, conservation of energy, and operation of	40994
boilers and the construction, inspection, and repair of unfired	40995
pressure vessels and for ascertaining the safe working pressures	40996
to be carried on such boilers and unfired pressure vessels and the	40997
qualification of inspectors of boilers and unfired pressure	40998
vessels;	40999

(B) Prescribe tests, if it is considered necessary, to	41000
ascertain the qualities of materials used in the construction of	41001
boilers and unfired pressure vessels;	41002

(C) Adopt rules regulating the construction and sizes of	41003
safety valves for boilers and unfired pressure vessels of	41004
different sizes and pressures, for the construction, use, and	41005
location of fusible plugs, appliances for indicating the pressure	41006
of steam and level of water in the boiler or unfired pressure	41007
vessels, and such other appliances as the board considers	41008
necessary to safety in operating boilers;	41009

(D) Establish reasonable fees for the performance of reviews,	41010
surveys, or audits of manufacturer's facilities by the division of	41011
industrial compliance for certification by the American society of	41012
mechanical engineers and the national board of boiler and pressure	41013
vessel inspectors;	41014

(E) The definitions and rules adopted by the board for the	41015
construction, installation, inspection, repair, conservation of	41016
energy, and operation of boilers and the construction, inspection,	41017
and repair of unfired pressure vessels and for ascertaining the	41018
safe working pressures to be used on such boilers and unfired	41019
pressure vessels shall be based upon and follow generally accepted	41020
engineering standards, formulae, and practices established and	41021
pertaining to boilers and unfired pressure vessel construction,	41022
operation, and safety, and the board may, for this purpose, adopt	41023
existing published standards as well as amendments thereto	41024
subsequently published by the same authority.	41025

When a person desires to manufacture a special type of boiler	41026
or unfired pressure vessel, the design of which is not covered by	41027
the rules of the board, the person shall submit drawings and	41028
specifications of such boiler or unfired pressure vessel to the	41029
board for investigation, after which the board may permit its	41030
installation.	41031

The provisions of sections 119.03 and 119.11 of the Revised	41032
Code in particular, and the applicable provisions of Chapter 119.	41033
of the Revised Code in general, shall govern the proceedings of	41034
the board of building standards in adopting, amending, or	41035
rescinding rules pursuant to this section.	41036

Sec. 4104.04.  (A) Sections 4104.01 to 4104.20 and section	41037
4104.99 of the Revised Code do not apply to the following boilers	41038
and unfired pressure vessels:	41039

(1) Boilers, unfired pressure vessels, and stationary steam	41040
engines under federal control or subject to inspection under	41041
federal laws;	41042

(2) Air tanks located on vehicles operating under the rules	41043
of other state authorities and used for carrying passengers, or	41044
freight;	41045

(3) Air tanks installed on the right of way of railroads and	41046
used directly in the operation of trains;	41047

(4) Unfired pressurePressure vessels whichthat are under	41048
the regulation and control of the state fire marshal under Chapter	41049
3737. of the Revised Code.	41050

(B) The following boilers and unfired pressure vessels are	41051
exempt from the requirements of sections 4104.10, 4104.101,	41052
4104.11, 4104.12, and 4104.13 of the Revised Code, but shall be	41053
equipped with such appliances, to insure safety of operation, as	41054
are prescribed by the board:	41055

(1) Portable boilers or unfired pressure vessels when located	41056
on farms and used solely for agricultural purposes;	41057

(2) Steam or vapor boilers carrying a pressure of not more	41058
than fifteen psig, which are located in private residences or in	41059
apartment houses of less than six family units;	41060

(3) Hot water boilers operated at pressures not exceeding one	41061
hundred sixty psig, or temperatures not exceeding two hundred	41062
fifty degrees fahrenheit, which are located in private residences	41063
or in apartment houses of less than six family units;	41064

(4) Unfired pressurePressure vessels containing only water	41065
under pressure for domestic supply purposes, including those	41066
containing air, the compression of which serves only as a cushion	41067
or airlift pumping system, when located in private residences or	41068
in apartment houses of less than six family units;	41069

(5) Portable boilers used in pumping, heating, steaming, and	41070
drilling, in the open field, for water, gas, and oil;	41071

(6) Portable boilers used in the construction of and repair	41072
to public roads, railroads, and bridges;	41073

(7) Historical steam boilers of riveted construction,	41074
preserved, restored, or maintained for hobby or demonstration use.	41075

Sec. 4104.06.  (A) The inspection of boilers and their	41076
appurtenances and unfired pressure vessels shall be made by the	41077
inspectors mentioned in sections 4104.07 to 4104.20 of the Revised	41078
Code. The superintendent of industrial compliance shall administer	41079
and enforce such sections and rules adopted by the board of	41080
building standards pursuant to section 4104.02 of the Revised	41081
Code.	41082

(B) The superintendent shall adopt, amend, and repeal rules	41083
exclusively for the issuance, renewal, suspension, and revocation	41084
of certificates of competency and certificates of operation, for	41085
conducting hearings in accordance with Chapter 119. of the Revised	41086
Code related to these actions, and for the inspection of boilers	41087
and their appurtenances, and unfired pressure vessels.	41088

(C) Notwithstanding division (B) of this section, the	41089
superintendent shall not adopt rules relating to construction,	41090
maintenance, or repair of boilers and their appurtenances, or	41091
repair of unfired pressure vessels.	41092

(D) The superintendent and each general inspector may enter	41093
any premises and any building or room at all reasonable hours to	41094
perform an examination or inspection.	41095

Sec. 4104.07.  (A) An application for examination as an	41096
inspector of boilers and unfired pressure vessels shall be in	41097
writing, accompanied by a fee of fifty dollars, upon a blank to be	41098
furnished by the superintendent of industrial compliance. Any	41099
moneys collected under this section shall be paid into the state	41100
treasury to the credit of the industrial compliance operating fund	41101
created in section 121.084 of the Revised Code.	41102

(B) The superintendent shall determine if an applicant meets	41103
all the requirements for examination in accordance with rules	41104
adopted by the board of building standards under section 4104.02	41105
of the Revised Code. An application shall be rejected which	41106
contains any willful falsification, or untruthful statements.	41107

(C) An applicant shall be examined by the superintendent, by	41108
a written examination, prescribed by the board, dealing with the	41109
construction, installation, operation, maintenance, and repair of	41110
boilers and unfired pressure vessels and their appurtenances, and	41111
the applicant shall be accepted or rejected on the merits of the	41112
applicant's application and examination.	41113

(D) Upon a favorable report by the superintendent of the	41114
result of an examination, the superintendent shall immediately	41115
issue to the successful applicant a certificate of competency to	41116
that effect.	41117

Sec. 4104.08.  (A) The director of commerce may appoint from	41118
the holders of certificates of competency provided for in section	41119
4104.07 of the Revised Code, general inspectors of boilers and	41120
unfired pressure vessels.	41121

(B) Any company authorized to insure boilers and unfired	41122
pressure vessels against explosion in this state may designate	41123
from holders of certificates of competency issued by the	41124
superintendent of industrial compliance, or holders of	41125
certificates of competency or commissions issued by other states	41126
or nations whose examinations for certificates or commissions have	41127
been approved by the board of building standards, persons to	41128
inspect and stamp boilers and unfired pressure vessels covered by	41129
the company's policies, and the superintendent shall issue to such	41130
persons commissions authorizing them to act as special inspectors.	41131
Special inspectors shall be compensated by the company designating	41132
them.	41133

(C) The director of commerce shall establish an annual fee to	41134
be charged by the superintendent for each certificate of	41135
competency or commission the superintendent issues.	41136

(D) The superintendent shall issue to each general or special	41137
inspector a commission to the effect that the holder thereof is	41138
authorized to inspect boilers and unfired pressure vessels in this	41139
state.	41140

(E) No person shall be authorized to act as a general	41141
inspector or a special inspector who is directly or indirectly	41142
interested in the manufacture or sale of boilers or unfired	41143
pressure vessels.	41144

Sec. 4104.15.  (A) All certificates of inspection for	41145
boilers, issued prior to October 15, 1965, are valid and effective	41146
for the period set forth in such certificates unless sooner	41147
withdrawn by the superintendent of industrial compliance. The	41148
owner or user of any such boiler shall obtain an appropriate	41149
certificate of operation for such boiler, and shall not operate	41150
such boiler, or permit it to be operated unless a certificate of	41151
operation has been obtained in accordance with section 4104.17 of	41152
the Revised Code.	41153

(B) If, upon making the internal and external inspection	41154
required under sections 4104.11, 4104.12, and 4104.13 of the	41155
Revised Code, the inspector finds the boiler to be in safe working	41156
order, with the fittings necessary to safety, and properly set up,	41157
upon the inspector's report to the superintendent, the	41158
superintendent shall issue to the owner or user thereof, or renew,	41159
upon application and upon compliance with sections 4104.17 and	41160
4104.18 of the Revised Code, a certificate of operation which	41161
shall state the maximum pressure at which the boiler may be	41162
operated, as ascertained by the rules of the board of building	41163
standards. Such certificates shall also state the name of the	41164
owner or user, the location, size, and number of each boiler, and	41165
the date of issuance, and shall be so placed as to be easily read	41166
in the engine room or boiler room of the plant where the boiler is	41167
located, except that the certificate of operation for a portable	41168
boiler shall be kept on the premises and shall be accessible at	41169
all times.	41170

(C) If an inspector at any inspection finds that the boiler	41171
or unfired pressure vessel is not in safe working condition, or is	41172
not provided with the fittings necessary to safety, or if the	41173
fittings are improperly arranged, the inspector shall immediately	41174
notify the owner or user and person in charge of the boiler and	41175
shall report the same to the superintendent who may revoke,	41176
suspend, or deny the certificate of operation and not renew the	41177
same until the boiler or unfired pressure vessel and its fittings	41178
are put in condition to insure safety of operation, and the owner	41179
or user shall not operate the boiler or unfired pressure vessel,	41180
or permit it to be operated until such certificate has been	41181
granted or restored.	41182

(D) If the superintendent or a general boiler inspector finds	41183
that an unfireda pressure vessel or boiler or a part thereof	41184
poses an explosion hazard that reasonably can be regarded as	41185
posing an imminent danger of death or serious physical harm to	41186
persons, the superintendent or the general boiler inspector shall	41187
seal the unfired pressure vessel or boiler and order, in writing,	41188
the operator or owner of the unfired pressure vessel or boiler to	41189
immediately cease the unfired pressure vessel's or boiler's	41190
operation. The order shall be effective until the nonconformities	41191
are eliminated, corrected, or otherwise remedied, or for a period	41192
of seventy-two hours from the time of issuance, whichever occurs	41193
first. During the seventy-two-hour period, the superintendent may	41194
request that the prosecuting attorney or city attorney of Franklin	41195
county or of the county in which the unfired pressure vessel or	41196
boiler is located obtain an injunction restraining the operator or	41197
owner of the unfired pressure vessel or boiler from continuing its	41198
operation after the seventy-two-hour period expires until the	41199
nonconformities are eliminated, corrected, or otherwise remedied.	41200

(E) Each boiler which has been inspected shall be assigned a	41201
number by the superintendent, which number shall be stamped on a	41202
nonferrous metal tag affixed to the boiler or its fittings by seal	41203
or otherwise. No person except an inspector shall deface or remove	41204
any such number or tag.	41205

(F) If the owner or user of any unfired pressure vessel or	41206
boiler disagrees with the inspector as to the necessity for	41207
shutting down an unfireda pressure vessel or boiler or for making	41208
repairs or alterations in it, or taking any other measures for	41209
safety that are requested by an inspector, the owner or user may	41210
appeal from the decision of the inspector to the superintendent,	41211
who may, after such other inspection by a general inspector or	41212
special inspector as the superintendent deems necessary, decide	41213
the issue.	41214

(G) Neither sections 4104.01 to 4104.20 of the Revised Code,	41215
nor an inspection or report by any inspector, shall relieve the	41216
owner or user of an unfireda pressure vessel or boiler of the	41217
duty of using due care in the inspection, operation, and repair of	41218
the unfired pressure vessel or boiler or of any liability for	41219
damages for failure to inspect, repair, or operate the unfired	41220
pressure vessel or boiler safely.	41221

Sec. 4104.18.  (A) The owner or user of a boiler required	41222
under section 4104.12 of the Revised Code to be inspected upon	41223
installation, and the owner or user of a boiler for which a	41224
certificate of inspection has been issued which is replaced with	41225
an appropriate certificate of operation, shall pay to the	41226
superintendent of industrial compliance a fee in the amount of	41227
thirtyforty-five dollars for boilers subject to annual	41228
inspections under section 4104.11 of the Revised Code, sixty	41229
ninety dollars for boilers subject to biennial inspection under	41230
section 4104.13 of the Revised Code, ninetyone hundred	41231
thirty-five dollars for boilers subject to triennial inspection	41232
under section 4104.11 of the Revised Code, or onetwo hundred	41233
fiftytwenty-five dollars for boilers subject to quinquennial	41234
inspection under section 4104.13 of the Revised Code.	41235

A renewal fee in the amount of thirtyforty-five dollars	41236
shall be paid to the treasurer of state before the renewal of any	41237
certificate of operation.	41238

(B) The fee for complete inspection during construction by a	41239
general inspector on boilers and unfired pressure vessels	41240
manufactured within the state shall be thirty-five dollars per	41241
hour. Boiler and unfired pressure vessel manufacturers other than	41242
those located in the state may secure inspection by a general	41243
inspector on work during construction, upon application to the	41244
superintendent, and upon payment of a fee of thirty-five dollars	41245
per hour, plus the necessary traveling and hotel expenses incurred	41246
by the inspector.	41247

(C) The application fee for applicants for steam engineer,	41248
high pressure boiler operator, or low pressure boiler operator	41249
licenses is fifty dollars. The fee for each original or renewal	41250
steam engineer, high pressure boiler operator, or low pressure	41251
boiler operator license is thirty-five dollars.	41252

(D) The director of commerce, subject to the approval of the	41253
controlling board, may establish fees in excess of the fees	41254
provided in divisions (A), (B), and (C) of this section, provided	41255
that such fees do not exceed the amounts established in this	41256
section by more than fifty per cent. Any moneys collected under	41257
this section shall be paid into the state treasury to the credit	41258
of the industrial compliance operating fund created in section	41259
121.084 of the Revised Code.	41260

(E) Any person who fails to pay an invoiced renewal fee or an	41261
invoiced inspection fee required for any inspection conducted by	41262
the division of industrial compliance pursuant to this chapter	41263
within forty-five days of the invoice date shall pay a late	41264
payment fee equal to twenty-five per cent of the invoiced fee.	41265

(F) In addition to the fees assessed in divisions (A) and (B)	41266
of this section, the board of building standards shall assess the	41267
owner or user a fee of three dollars and twenty-five cents for	41268
each certificate of operation or renewal thereof issued under	41269
division (A) of this section and for each inspection conducted	41270
under division (B) of this section. The board shall adopt rules,	41271
in accordance with Chapter 119. of the Revised Code, specifying	41272
the manner by which the superintendent shall collect and remit to	41273
the board the fees assessed under this division and requiring that	41274
remittance of the fees be made at least quarterly.	41275

Sec. 4104.19. (A) Any person seeking a license to operate as	41276
a steam engineer, high pressure boiler operator, or low pressure	41277
boiler operator shall file a written application with the	41278
superintendent of industrial compliance on a form prescribed by	41279
the superintendent with the appropriate application fee as set	41280
forth in section 4104.18 of the Revised Code. The application	41281
shall contain information satisfactory to the superintendent to	41282
demonstrate that the applicant meets the requirements of division	41283
(B) of this section. The application shall be filed with the	41284
superintendent not more than sixty days and not less than thirty	41285
days before the license examination is offered.	41286

(B) To qualify to take the examination required to obtain a	41287
steam engineer, high pressure boiler operator, or low pressure	41288
boiler operator license, a person shall meet both of the following	41289
requirements:	41290

(1) Be at least eighteen years of age;

41291

(2) Have one year of experience in the operation of steam	41292
engines, high pressure boilers, or low pressure boilers as	41293
applicable to the type of license being sought, or a combination	41294
of experience and education for the type of license sought as	41295
determined to be acceptable by the superintendent.	41296

(C) No applicant shall qualify to take an examination or to	41297
renew a license if the applicant has violated this chapter or if	41298
the applicant has obtained or renewed a license issued under this	41299
chapter by fraud, misrepresentation, or deception.	41300

(D) The superintendent shall issue a license to each	41301
applicant who receives a passing score on the examination, as	41302
determined by the superintendent, for the license for which the	41303
applicant applied.	41304

(E) The superintendent shallmay select and contract with one	41305
or more persons to do all of the following relative to the	41306
examinations for a license to operate as a steam engineer, high	41307
pressure boiler operator, or low pressure boiler operator:	41308

(1) Prepare, administer, score, and maintain the	41309
confidentiality of the examination;	41310

(2) Maintain responsibility for all expenses required to	41311
fulfill division (E)(1) of this section;	41312

(3) Charge each applicant a fee for administering the	41313
examination, in an amount authorized by the superintendent;	41314

(4) Design the examination for each type of license to	41315
determine an applicant's competence to operate the equipment for	41316
which the applicant is seeking licensure.	41317

(F) Each license issued under this chapter expires one year	41318
after the date of issue. Each person holding a valid, unexpired	41319
license may renew the license, without reexamination, by applying	41320
to the superintendent not more than ninety days before the	41321
expiration of the license, and submitting with the application the	41322
renewal fee established in section 4104.18 of the Revised Code.	41323
Upon receipt of the renewal information and fee, the	41324
superintendent shall issue the licensee a certificate of renewal.	41325

(G) The superintendent, in accordance with Chapter 119. of	41326
the Revised Code, may suspend or revoke any license, or may refuse	41327
to issue a license under this chapter upon finding that a licensee	41328
or an applicant for a license has violated or is violating the	41329
requirements of this chapter.	41330

Sec. 4104.20.  No owner or operator of any boiler shall	41331
operate the same in violation of sections 4104.11 to 4104.16,	41332
inclusive, and 4104.18 of the Revised Code, or of any rule or	41333
regulation adopted by the board of building standards, pursuant to	41334
section 4104.02 of the Revised Code, or without having a boiler	41335
inspected and a certificate of operation issued therefor as	41336
provided in such sections or hinder or prevent a general or	41337
special inspector of boilers from entering any premises in or on	41338
which a boiler is situated for the purpose of inspection. No owner	41339
or operator of any unfired pressure vessel shall operate the same	41340
in violation of section 4104.10 of the Revised Code, or of any	41341
rule or regulation adopted by the board of building standards,	41342
pursuant to section 4104.02 of the Revised Code.	41343

Sec. 4104.41. (A) As used in sections 4104.41 to 4104.45	41344
4104.48 of the Revised Code:	41345

(1)(A) "Liquefied petroleum gas" means any material which is	41346
composed predominantly of any of the following hydrocarbons, or	41347
mixtures of the same: propane, propylene, normal butane, or	41348
isobutane or butylenes.	41349

(2)(B) "Other gaseous piping systems" excludes natural gas	41350
piping gas systems.	41351

(B) The director of commerce shall appoint general inspectors	41352
of power, refrigerating, hydraulic, heating, and liquefied	41353
petroleum gas piping systems. Such inspectors shall be appointed	41354
from holders of certificates of competency provided for in section	41355
4104.42 of the Revised Code.	41356

Salaries shall be appropriated in the same manner as the	41357
salaries of other employees of state departments, and expenses of	41358
such general inspectors shall be provided for in the same manner	41359
as the expenses of other employees of state departments.	41360

Sec. 4104.42. (A) Each manufacturer, contractor, owner, or	41361
user of power, refrigerating, hydraulic, heating and liquefied	41362
petroleum gas, oxygen, or other gaseous piping systems shall	41363
conduct tests required under rules adopted by the board of	41364
building standards under division (A)(1) of section 4104.44 of the	41365
Revised Code and certify in writing on forms provided under	41366
section 4104.43 of the Revised Code by the superintendent of	41367
industrial compliance in the department of commerce that the	41368
welding and brazing procedures used in the construction of those	41369
power, refrigerating, hydraulic, heating and liquefied petroleum	41370
gas, oxygen, or other gaseous piping systems meet the standards	41371
established by the board under division (A)(1) of section 4104.44	41372
of the Revised Code.	41373

(B) Each manufacturer, contractor, owner, or user of power,	41374
refrigerating, hydraulic, heating and liquefied petroleum gas,	41375
oxygen, or other gaseous piping systems who causes welding or	41376
brazing to be performed in the construction of power,	41377
refrigerating, hydraulic, heating and liquefied petroleum gas,	41378
oxygen, or other gaseous piping systems shall maintain at least	41379
one copy of the forms described in division (A) of this section	41380
and make that copy accessible to any individual certified by the	41381
board of building standards pursuant to division (E) of section	41382
3781.10 of the Revised Code.	41383

(C) An individual certified by the board of building	41384
standards pursuant to division (E) of section 3781.10 of the	41385
Revised Code shall examine the forms described in division (A) of	41386
this section to determine compliance with the rules adopted by the	41387
board of building standards under division (A)(1) of section	41388
4104.44 of the Revised Code.	41389

(D) An individual certified by the board of building	41390
standards pursuant to division (E) of section 3781.10 of the	41391
Revised Code with reason to question the certification or ability	41392
of any welder or brazer shall report the concerns to the	41393
superintendent of the division of industrial compliance in the	41394
department of commerce. The superintendent shall investigate those	41395
concerns. If the superintendent finds facts that substantiate the	41396
concerns of the individual certified by the board of building	41397
standards pursuant to division (E) of section 3781.10 of the	41398
Revised Code, the superintendent may require the welder or brazer	41399
in question to become recertified by a private vendor in the same	41400
manner by which five-year recertification is required under	41401
section 4104.46 of the Revised Code. The superintendent also may	41402
utilize the services of an independent testing laboratory to	41403
witness the welding or brazing performed on the project in	41404
question and to conduct tests on coupons to determine whether the	41405
coupons meet the requirements of the rules adopted by the board of	41406
building standards under division (A)(1) of section 4104.44 of the	41407
Revised Code.	41408

Sec. 4104.43. (A) Each manufacturer, contractor, owner, or	41409
user of power, refrigerating, hydraulic, heating and liquefied	41410
petroleum gas, oxygen, or other gaseous piping systems who causes	41411
welding or brazing to be performed in the construction of a power,	41412
refrigerating, hydraulic, heating and liquefied petroleum gas,	41413
oxygen, or other gaseous piping system shall file with the	41414
superintendent of the division of industrial compliance two	41415
complete copies of forms provided by the superintendent that	41416
identify the welding and brazing procedure specifications and	41417
welder and brazer performance qualifications performed in the	41418
construction of that power, refrigerating, hydraulic, heating and	41419
liquefied petroleum gas, oxygen, or other gaseous piping system.	41420

(B)(1) Upon receipt of the forms filed under division (A) of	41421
this section, the superintendent shall review the welding and	41422
brazing procedure specifications and welder and brazer performance	41423
qualifications as indicated on the forms to determine compliance	41424
with rules adopted by the board of building standards under	41425
division (A)(1) of section 4104.44 of the Revised Code.	41426

(2) If the superintendent finds that the welding and brazing	41427
procedure specifications and welder and brazer performance	41428
qualifications comply with the requirements of the rules adopted	41429
by the board of building standards under division (A)(1) of	41430
section 4104.44 of the Revised Code, the superintendent shall	41431
approve the welding and brazing procedure specifications and	41432
welder and brazer performance qualifications as indicated on the	41433
forms and return one copy to the manufacturer, contractor, owner,	41434
or user of power, refrigerating, hydraulic, heating and liquefied	41435
petroleum gas, oxygen, or other gaseous piping systems who	41436
submitted the forms.	41437

(3) If the superintendent finds that the welding and brazing	41438
procedure specifications and welder and brazer performance	41439
qualifications do not comply with the requirements of the rules	41440
adopted by the board of building standards under division (A)(1)	41441
of section 4104.44 of the Revised Code, the superintendent shall	41442
indicate on the forms that the welding and brazing procedure	41443
specifications and welder and brazer performance qualifications	41444
are not approved and return one copy of the form to the	41445
manufacturer, contractor, owner, or user of power, refrigerating,	41446
hydraulic, heating and liquefied petroleum gas, oxygen, or other	41447
gaseous piping systems who submitted the forms with an explanation	41448
of why the welding and brazing procedure specifications and welder	41449
and brazer performance qualifications were not approved.	41450

Sec. 4104.44.  (A) The board of building standards,	41451
established by section 3781.07 of the Revised Code, shall:	41452

(1) FormulateAdopt rules governing the design, plan review,	41453
approval, construction, and installation of power, refrigerating,	41454
hydraulic, heating, and liquefied petroleum gas, oxygen, and other	41455
gaseous piping systems. SuchThe board of building standards may	41456
include the rules for gaseous piping systems with the rules it	41457
adopts for buildings pursuant to section 3781.10 of the Revised	41458
Code or with the rules it adopts for piping systems pursuant to	41459
this section. The rules shall prescribe uniform minimum standards	41460
necessary for the protection of the public health and safety and	41461
shall include rules establishing the safe working pressure to be	41462
carried by any such systems; a program for the certification of	41463
the welding and brazing procedures proposed to be used on any such	41464
system by the owner or operator of any welding or brazing business	41465
and for quinquennial performance testing of welders and brazers	41466
who work on any such system; and measures for the conservation of	41467
energy. SuchThe rules shall be based upon and follow generally	41468
accepted engineering standards, formulas, and practices	41469
established and pertaining to such piping construction,	41470
installation, and testing. The board may, for this purpose, adopt	41471
existing published standards, as well as amendments thereto	41472
subsequently published by the same authority.	41473

(2) Prescribe the tests, to ascertain the qualities of	41474
materials and welding and brazing materials used in the	41475
construction of power, refrigerating, hydraulic, heating, and	41476
liquefied petroleum gas, oxygen, and other gaseous piping systems;	41477

(3) Make a standard form of certificate of inspection;

41478

(4) Prescribe the examinations for applicants for	41479
certificates of competency provided for in section 4104.42 of the	41480
Revised Code and performance tests to determine the proficiency of	41481
welders and brazers;	41482

(5) Certify municipal and county building departments to	41483
inspect power, refrigerating, hydraulic, heating, and liquefied	41484
petroleum gas, oxygen, and other gaseous piping systems and adopt	41485
rules governing such certification;	41486

(6) Establish the fee to be charged for an inspection made by	41487
a general inspector and for the filing and auditing of special	41488
inspector reports, and collect all fees established in this	41489
section.	41490

The fee for the quinquennial performance tests shall be	41491
fifteen dollars and the fee for certification of welding and	41492
brazing procedures mentioned in division (A) of this section shall	41493
be sixty dollars, except that the board of building standards,	41494
with the approval of the controlling board, may establish fees in	41495
excess of these fees, provided that the fees do not exceed the	41496
amounts of these fees by more than fifty per cent. The fee for	41497
each welding and brazing instruction sheet and procedure	41498
qualification record shall be fifteen dollars. Any moneys	41499
collected under this section shall be paid into the state treasury	41500
to the credit of the industrial compliance operating fund created	41501
in section 121.084 of the Revised Code.	41502

(B) Piping is exempt from the requirements for submission of	41503
applications and inspections and the necessity to obtain permits,	41504
as required under this section and section 4104.45 of the Revised	41505
Code, or under rules adopted pursuant to those sections, for	41506
power, refrigerating, hydraulic, heating, and liquefied petroleum	41507
gas, oxygen, and gaseous piping systems if the piping is used:	41508

(1) In air cooling systems in residential or commercial	41509
buildings and if such systems do not exceed five tons (sixty	41510
thousand British thermal units per hour) per system; or	41511

(2) In air heating systems in residential or commercial	41512
buildings and if such systems do not exceed one hundred fifty	41513
thousand British thermal units per hour per system.	41514

(C) The board of building standards may, by rule, exempt from	41515
the rules adopted pursuant to division (A)(1) of this section any	41516
pressure pipingpower, refrigerating, hydraulic, heating and	41517
liquefied petroleum gas, oxygen, or other gaseous piping systems	41518
whichthat pose no appreciable danger to the public health and	41519
safety.	41520

Sec. 4104.45.  (A) Except as otherwise provided in section	41521
4104.44 of the Revised Code, new power, refrigerating, hydraulic,	41522
heating, liquefied petroleum gas, oxygen, and other gaseous piping	41523
systems shall be thoroughly inspected in accordance with the rules	41524
of the board of building standards. Such inspectioninspections	41525
shall be performed by one of the following:	41526

(1) General inspectors of pressure piping systems;

41527

(2) Special inspectors provided for in section 4104.43 of the	41528
Revised Code;	41529

(3) Local inspectors provided for in section 4104.43 of the	41530
Revised Code.	41531

(B) Owners or users of pressure piping systems required to be	41532
inspected under this section shall pay to the division of	41533
industrial compliance in the department of commerce a fee of one	41534
hundred fifty dollars plus an additional fee determined as	41535
follows:	41536

(1) On or before June 30, 2000, two per cent of the actual	41537
cost of the system for each inspection made by a general	41538
inspector;	41539

(2) On July 1, 2000, and through June 30, 2001, one and	41540
eight-tenths per cent of the actual cost of the system for each	41541
inspection made by a general inspector;	41542

(3) On and after July 1, 2001, one per cent of the actual	41543
cost of the system for each inspection made by a general	41544
inspector.	41545

(C) The board of building standards, subject to the approval	41546
of the controlling board, may establish a fee in excess of the fee	41547
provided in division (B) of this section, provided that the fee	41548
does not exceed the amount established in this section by more	41549
than fifty per cent.	41550

(D) In addition to the fee assessed in division (B) of this	41551
section, the board of building standards shall assess the owner or	41552
user a fee of three dollars and twenty-five cents for each system	41553
inspected pursuant to this section. The board shall adopt rules,	41554
in accordance with Chapter 119. of the Revised Code, specifying	41555
the manner by which the superintendent of the division of	41556
industrial compliance in the department of commerce shall collect	41557
and remit to the board the fees assessed under this division and	41558
requiring that remittance of the fees be made at least quarterly.	41559

(E) Any moneys collected under this section shall be paid	41560
into the state treasury to the credit of the industrial compliance	41561
operating fund created in section 121.084 of the Revised Code.	41562

(F) Any person who fails to pay an inspection fee required	41563
for any inspection conducted by the division pursuant to this	41564
chapter within forty-five days after the inspection is conducted	41565
shall pay a late payment fee equal to twenty-five per cent of the	41566
inspection feeinspectors designated by the superintendent of the	41567
division of industrial compliance in the department of commerce	41568
or, within jurisdictional limits established by the board of	41569
building standards, by individuals certified by the board of	41570
building standards pursuant to division (E) of section 3781.10 of	41571
the Revised Code who are designated to do so by local building	41572
departments, as appropriate.	41573

(G)(B) The superintendent of the division of industrial	41574
compliance in the department of commerce may issue adjudication	41575
orders as necessary for the enforcement of sections 4104.41 to	41576
4104.464104.48 of the Revised Code and rules adopted under those	41577
sections. No person shall violate or fail to comply with the terms	41578
and conditions of an adjudication order issued under this	41579
division. Adjudication orders issued pursuant to this division and	41580
appeals thereof are governed by section 3781.19 of the Revised	41581
Code.	41582

Sec. 4104.46. (A) The design, installation, and testing of	41583
nonflammable medical gas and vacuum piping systems within the	41584
scope of the national fire protection association standard,	41585
section 1-1 of "NFPA 99C, Gas and Vacuum Systems," is governed by	41586
that national fire protection association standard.	41587

(B) Installers, inspectors, verifiers, construction	41588
contracting maintenance personnel, and instructors for the design,	41589
installation, and testing of nonflammable medical gas and vacuum	41590
piping systems shall obtain certification by the American society	41591
of sanitary engineers in accordance with the American society of	41592
sanitary engineering series 6000 requirements.	41593

Sec. 4104.47. (A) No individual other than one certified by a	41594
private vendor in accordance with rules adopted by the board of	41595
building standards shall perform welding or brazing or both in the	41596
construction of power, refrigerating, hydraulic, heating and	41597
liquefied petroleum gas, oxygen, or other gaseous piping systems.	41598

(B) Each welder or brazer certified by a private vendor to	41599
perform welding or brazing or both in the construction of power,	41600
refrigerating, hydraulic, heating and liquefied petroleum gas,	41601
oxygen, or other gaseous piping systems shall be recertified by a	41602
private vendor to perform those services five years after the date	41603
of the original certification and every five years thereafter in	41604
accordance with rules adopted by the board. A private vendor shall	41605
recertify a welder or brazer who meets the requirements	41606
established by the board under division (A)(1) of section 4104.44	41607
of the Revised Code.	41608

Sec. 4104.46.        Sec. 4104.48.  (A) No person shall violate sections	41609
4104.41 to 4104.464104.48 of the Revised Code, fail to perform	41610
any duty lawfully enjoined in connection with those sections, or	41611
fail to comply with any order issued by the superintendent of the	41612
division of industrial compliance or any judgment or decree issued	41613
by any court in connection with the enforcement of sections	41614
4104.41 to 4104.464104.48 of the Revised Code.	41615

(B) Every day during which a person violates sections 4104.41	41616
to 4104.464104.48 of the Revised Code, fails to perform any duty	41617
lawfully enjoined in connection with those sections, or fails to	41618
comply with any order issued by the superintendent of the division	41619
of industrial compliance or any judgment or decree issued by any	41620
court in connection with the enforcement of sections 4104.41 to	41621
4104.464104.48 of the Revised Code constitutes a separate	41622
offense.	41623

Sec. 4105.17.  (A) The fee for each inspection, or attempted	41624
inspection that, due to no fault of a general inspector or the	41625
division of industrial compliance, is not successfully completed,	41626
by a general inspector before the operation of a permanent new	41627
elevator prior to the issuance of a certificate of operation,	41628
before operation of an elevator being put back into service after	41629
a repair, or as a result of the operation of section 4105.08 of	41630
the Revised Code and is an elevator required to be inspected under	41631
this chapter is twenty dollars plus ten dollars for each floor	41632
where the elevator stops. The superintendent of industrial	41633
compliance may assess an additional fee of one hundred twenty-five	41634
dollars plus five dollars for each floor where an elevator stops	41635
for the reinspection of an elevator when a previous attempt to	41636
inspect that elevator has been unsuccessful through no fault of a	41637
general inspector or the division of industrial compliance.	41638

(B) The fee for each inspection, or attempted inspection,	41639
that due to no fault of the general inspector or the division of	41640
industrial compliance, is not successfully completed by a general	41641
inspector before operation of a permanent new escalator or moving	41642
walk prior to the issuance of a certificate of operation, before	41643
operation of an escalator or moving walk being put back in service	41644
after a repair, or as a result of the operation of section 4105.08	41645
of the Revised Code is three hundred dollars. The superintendent	41646
of the division of industrial compliance may assess an additional	41647
fee of one hundred fifty dollars for the reinspection of an	41648
escalator or moving walk when a previous attempt to inspect that	41649
escalator or moving walk has been unsuccessful through no fault of	41650
the general inspector or the division of industrial compliance.	41651

(C) The fee for issuing or renewing a certificate of	41652
operation under section 4105.15 of the Revised Code for an	41653
elevator that is inspected every six months in accordance with	41654
division (A) of section 4105.10 of the Revised Code is onetwo	41655
hundred five dollars plus ten dollars for each floor where the	41656
elevator stops, except where the elevator has been inspected by a	41657
special inspector in accordance with section 4105.07 of the	41658
Revised Code.	41659

(D) The fee for issuing or renewing a certificate of	41660
operation under section 4105.05 of the Revised Code for an	41661
elevator that is inspected every twelve months in accordance with	41662
division (A) of section 4105.10 of the Revised Code is fifty-five	41663
dollars plus ten dollars for each floor where the elevator stops,	41664
except where the elevator has been inspected by a special	41665
inspector in accordance with section 4105.07 of the Revised Code.	41666

(E) The fee for issuing or renewing a certificate of	41667
operation under section 4105.15 of the Revised Code for an	41668
escalator or moving walk is three hundred dollars, except where	41669
the escalator or moving walk has been inspected by a special	41670
inspector in accordance section 4105.07 of the Revised Code.	41671

(F) All other fees to be charged for any examination given or	41672
other service performed by the division of industrial compliance	41673
pursuant to this chapter shall be prescribed by the director of	41674
commerce. The fees shall be reasonably related to the costs of	41675
such examination or other service.	41676

(G) The director of commerce, subject to the approval of the	41677
controlling board, may establish fees in excess of the fees	41678
provided in divisions (A) and, (B), (C), (D), and (E) of this	41679
section, provided that the fees do not exceed the amounts	41680
established in divisions (A) and (B) of this section by more than	41681
fifty per cent. Any moneys collected under this section shall be	41682
paid into the state treasury to the credit of the industrial	41683
compliance operating fund created in section 121.084 of the	41684
Revised Code.	41685

(H) Any person who fails to pay an inspection fee required	41686
for any inspection conducted by the division pursuant to this	41687
chapter within forty-five days after the inspection is conducted	41688
shall pay a late payment fee equal to twenty-five per cent of the	41689
inspection fee.	41690

(I) In addition to the fees assessed in divisions (A), (B),	41691
(C), and (D), and (E) of this section, the board of building	41692
standards shall assess a fee of three dollars and twenty-five	41693
cents for each certificate of operation or renewal thereof issued	41694
under divisiondivisions (A), (B), (C), (D), or (E) of this	41695
section and for each permit issued under section 4105.16 of the	41696
Revised Code. The board shall adopt rules, in accordance with	41697
Chapter 119. of the Revised Code, specifying the manner by which	41698
the superintendent of industrial compliance shall collect and	41699
remit to the board the fees assessed under this division and	41700
requiring that remittance of the fees be made at least quarterly.	41701

(J) For purposes of this section:

41702

(1) "Escalator" means a power driven, inclined, continuous	41703
stairway used for raising or lowering passengers.	41704

(2) "Moving walk" means a passenger carrying device on which	41705
passengers stand or walk, with a passenger carrying surface that	41706
is uninterrupted and remains parallel to its direction of motion.	41707

Sec. 4112.15.  There is hereby created in the state treasury	41708
the civil rights commission general reimbursement fund, which	41709
shall be used to pay operating costs of the commission. All	41710
amounts received by the commission, and all amounts awarded by a	41711
court to the commission, for attorney's fees, court costs, expert	41712
witness fees, and other litigation expenses shall be paid into the	41713
state treasury to the credit of the fund. All money paid to	41714
amounts received by the commission for copies of commission	41715
documents and for other goods and services furnished by the	41716
commission shall be creditedpaid into the state treasury to the	41717
credit of the fund.	41718

Sec. 4115.10.  (A) No person, firm, corporation, or public	41719
authority that constructs a public improvement with its own	41720
forces, the total overall project cost of which is fairly	41721
estimated to be more than the amounts set forth in division (B)(1)	41722
or (2) of section 4115.03 of the Revised Code, adjusted biennially	41723
by the director of commerce pursuant to section 4115.034 of the	41724
Revised Code, shall violate the wage provisions of sections	41725
4115.03 to 4115.16 of the Revised Code, or suffer, permit, or	41726
require any employee to work for less than the rate of wages so	41727
fixed, or violate the provisions of section 4115.07 of the Revised	41728
Code. Any employee upon any public improvement, except an employee	41729
to whom or on behalf of whom restitution is made pursuant to	41730
division (C) of section 4115.13 of the Revised Code, who is paid	41731
less than the fixed rate of wages applicable thereto may recover	41732
from such person, firm, corporation, or public authority that	41733
constructs a public improvement with its own forces the difference	41734
between the fixed rate of wages and the amount paid to the	41735
employee and in addition thereto a sum equal to twenty-five per	41736
cent of that difference. The person, firm, corporation, or public	41737
authority who fails to pay the rate of wages so fixed also shall	41738
pay a penalty to the director of seventy-five per cent of the	41739
difference between the fixed rate of wages and the amount paid to	41740
the employees on the public improvement. The director shall	41741
deposit all moneys received from penalties paid to the director	41742
pursuant to this section into the penalty enforcement fund, which	41743
is hereby created in the state treasury. The director shall use	41744
the fund for the enforcement of sections 4115.03 to 4115.16 of the	41745
Revised Code. The employee may file suit for recovery within sixty	41746
ninety days of the director's determination of a violation of	41747
sections 4115.03 to 4115.16 of the Revised Code or is barred from	41748
further action under this division. Where the employee prevails in	41749
a suit, the employer shall pay the costs and reasonable attorney's	41750
fees allowed by the court.	41751

(B) Any employee upon any public improvement who is paid less	41752
than the prevailing rate of wages applicable thereto may file a	41753
complaint in writing with the director upon a form furnished by	41754
the director. At the written requestThe complaint shall include	41755
documented evidence to demonstrate that the employee was paid less	41756
than the prevailing wage in violation of this chapter. Upon	41757
receipt of a properly completed written complaint of any employee	41758
paid less than the prevailing rate of wages applicable, the	41759
director shall take an assignment of a claim in trust for the	41760
assigning employee and bring any legal action necessary to collect	41761
the claim. The employer shall pay the costs and reasonable	41762
attorney's fees allowed by the court if the employer is found in	41763
violation of sections 4115.03 to 4115.16 of the Revised Code.	41764

(C) If after investigation pursuant to section 4115.13 of the	41765
Revised Code, the director determines there is a violation of	41766
sections 4115.03 to 4115.16 of the Revised Code and a period of	41767
sixty days has elapsed from the date of the determination, and if:	41768

(1) No employee has brought suit pursuant to division (A) of	41769
this section;	41770

(2) No employee has requested that the director take an	41771
assignment of a wage claim pursuant to division (B) of this	41772
section;	41773

The director shall bring any legal action necessary to	41774
collect any amounts owed to employees and the director. The	41775
director shall pay over to the affected employees the amounts	41776
collected to which the affected employees are entitled under	41777
division (A) of this section. In any action in which the director	41778
prevails, the employer shall pay the costs and reasonable	41779
attorney's fees allowed by the court.	41780

(D) Where persons are employed and their rate of wages has	41781
been determined as provided in section 4115.04 of the Revised	41782
Code, no person, either for self or any other person, shall	41783
request, demand, or receive, either before or after the person is	41784
engaged, that the person so engaged pay back, return, donate,	41785
contribute, or give any part or all of the person's wages, salary,	41786
or thing of value, to any person, upon the statement,	41787
representation, or understanding that failure to comply with such	41788
request or demand will prevent the procuring or retaining of	41789
employment, and no person shall, directly or indirectly, aid,	41790
request, or authorize any other person to violate this section.	41791
This division does not apply to any agent or representative of a	41792
duly constituted labor organization acting in the collection of	41793
dues or assessments of such organization.	41794

(E) The director shall enforce sections 4115.03 to 4115.16 of	41795
the Revised Code.	41796

(F) For the purpose of supplementing existing resources and	41797
to assist in enforcing division (E) of this section, the director	41798
may contract with a person registered as a public accountant under	41799
Chapter 4701. of the Revised Code to conduct an audit of a person,	41800
firm, corporation, or public authority.	41801

Sec. 4115.21.  A person who files a complaint with the	41802
director of commerce alleging a violation of sections 4115.03 to	41803
4115.16 of the Revised Code shall file the complaint within two	41804
years after the completion of the public improvement upon which	41805
the violation is alleged to have occurred or be barred from	41806
further administrative action under this chapter.	41807

Sec. 4117.02.  (A) There is hereby created the state	41808
employment relations board, consisting of three members to be	41809
appointed by the governor with the advice and consent of the	41810
senate. Members shall be knowledgeable about labor relations or	41811
personnel practices. No more than two of the three members shall	41812
belong to the same political party. A member of the board during	41813
the member's period of service shall hold no other public office	41814
or public or private employment and shall allow no other	41815
responsibilities to interfere or conflict with the member's duties	41816
as a full-time board member. Of the initial appointments made to	41817
the board, one shall be for a term ending October 6, 1984, one	41818
shall be for a term ending October 6, 1985, and one shall be for a	41819
term ending October 6, 1986. Thereafter, terms of office shall be	41820
for six years, each term ending on the same day of the same month	41821
of the year as did the term that it succeeds. Each member shall	41822
hold office from the date of the member's appointment until the	41823
end of the term for which the member is appointed. Any member	41824
appointed to fill a vacancy occurring prior to the expiration of	41825
the term for which the member's predecessor was appointed shall	41826
hold office for the remainder of the term. Any member shall	41827
continue in office subsequent to the expiration of the member's	41828
term until the member's successor takes office or until a period	41829
of sixty days has elapsed, whichever occurs first. The	41830

The governor shall designate one member to serve as	41831
chairperson of the board. The governor may remove any member of	41832
the board, upon notice and public hearing, for neglect of duty or	41833
malfeasance in office, but for no other cause.	41834

(B) A(1) The governor shall designate one member of the	41835
board to serve as chairperson of the board. The chairperson is the	41836
head of the board and its chief executive officer.	41837

(2) The chairperson shall exercise all administrative powers	41838
and duties conferred upon the board under this chapter and shall	41839
do all of the following:	41840

(a) Except as provided in division (F)(2) of this section,	41841
employ, promote, supervise, and remove all employees of the board,	41842
and establish, change, or abolish positions and assign or reassign	41843
the duties of those employees as the chairperson determines	41844
necessary to achieve the most efficient performance of the board's	41845
duties under this chapter;	41846

(b) Maintain the office of the board in Columbus and manage	41847
the office's daily operations, including securing facilities,	41848
equipment, and supplies necessary to house the board, employees of	41849
the board, and files and records under the board's control;	41850

(c) Prepare and submit to the office of budget and management	41851
a budget for each biennium according to section 107.03 of the	41852
Revised Code, and include in the budget the costs of the board and	41853
its staff and the board's costs in discharging any duty imposed by	41854
law upon the board, the chairperson, or any of the board's	41855
employees or agents.	41856

(C) The vacancy on the board does not impair the right of the	41857
remaining members to exercise all the powers of the board, and two	41858
members of the board, at all times, constitute a quorum. The board	41859
shall have an official seal of which courts shall take judicial	41860
notice.	41861

(C)(D) The board shall make an annual report in writing to	41862
the governor and to the general assembly, stating in detail the	41863
work it has done.	41864

(D)(E) Compensation of the chairperson and members shall be	41865
in accordance with division (J) of section 124.15 of the Revised	41866
Code. The chairperson and the members are eligible for	41867
reappointment. In addition to such compensation, all members shall	41868
be reimbursed for their necessary expenses incurred in the	41869
performance of their work as members.	41870

(E)(F)(1) The chairperson, after consulting with the other	41871
board members and receiving the consent of at least one other	41872
board member, shall appoint an executive director and. The	41873
chairperson also shall appoint attorneys,and attorney-trial	41874
examiners, mediators, arbitrators, members of fact-finding panels,	41875
directors for local areas, and other employees as it finds	41876
necessary for the proper performance of its duties and may	41877
prescribe their duties. The	41878

(2) The board shall appoint mediators, arbitrators, members	41879
of fact-finding panels, and directors for local areas, and shall	41880
prescribe their job duties.	41881

(G)(1) The executive director shall serve at the pleasure of	41882
the chairperson. The executive director, under the direction of	41883
the chairperson, shall do all of the following:	41884

(a) Act as chief administrative officer for the board;

41885

(b) Ensure that all employees of the board comply with the	41886
rules of the board;	41887

(c) Do all things necessary for the efficient and effective	41888
implementation of the duties of the board.	41889

(2) The duties of the executive director described in	41890
division (G)(1) of this section do not relieve the chairperson	41891
from final responsibility for the proper performance of the duties	41892
described in that division.	41893

(H) The attorney general shall be the legal adviser of the	41894
board and shall appear for and represent the board and its agents	41895
in all legal proceedings. The board may utilize regional, local,	41896
or other agencies, and utilize voluntary and uncompensated	41897
services as needed. The board may contract with the federal	41898
mediation and conciliation service for the assistance of	41899
mediators, arbitrators, and other personnel the service makes	41900
available. The board and the chairperson, respectively, shall	41901
appoint all employees on the basis of training, practical	41902
experience, education, and character, notwithstanding the	41903
requirements established by section 119.09 of the Revised Code.	41904
The board shall give special regard to the practical training and	41905
experience that employees have for the particular position	41906
involved. All full-time employees of the board excepting the	41907
executive director, the head of the bureau of mediation, and the	41908
personal secretaries and assistants of the board members are in	41909
the classified service. All employees of the board shall be paid	41910
in accordance with Chapter 124. of the Revised Code.	41911

(F)(I) The board shall select and assign examiners and other	41912
agents whose functions are to conduct hearings with due regard to	41913
their impartiality, judicial temperament, and knowledge. If in any	41914
proceeding under this chapter, any party prior to five days before	41915
the hearing thereto files with the board a sworn statement	41916
charging that the examiner or other agent designated to conduct	41917
the hearing is biased or partial in the proceeding, the board may	41918
disqualify the person and designate another examiner or agent to	41919
conduct the proceeding. At least ten days before any hearing, the	41920
board shall notify all parties to a proceeding of the name of the	41921
examiner or agent designated to conduct the hearing.	41922

(G)(J) The principal office of the board is in Columbus, but	41923
it may meet and exercise any or all of its powers at any other	41924
place within the state. The board may, by one or more of its	41925
employees, or any agents or agencies it designates, conduct in any	41926
part of this state any proceeding, hearing, investigation,	41927
inquiry, or election necessary to the performance of its	41928
functions; provided, that no person so designated may later sit in	41929
determination of an appeal of the decision of that cause or	41930
matter.	41931

(H)(K) In addition to the powers and functions provided in	41932
other sections of this chapter, the board shall do all of the	41933
following:	41934

(1) Create a bureau of mediation within the state employment	41935
relations board, to perform the functions provided in section	41936
4117.14 of the Revised Code. This bureau shall also establish,	41937
after consulting representatives of employee organizations and	41938
public employers, panels of qualified persons to be available to	41939
serve as members of fact-finding panels and arbitrators.	41940

(2) Conduct studies of problems involved in representation	41941
and negotiation and make recommendations for legislation;	41942

(3) Hold hearings pursuant to this chapter and, for the	41943
purpose of the hearings and inquiries, administer oaths and	41944
affirmations, examine witnesses and documents, take testimony and	41945
receive evidence, compel the attendance of witnesses and the	41946
production of documents by the issuance of subpoenas, and delegate	41947
these powers to any members of the board or any attorney-trial	41948
examiner appointed by the board for the performance of its	41949
functions;	41950

(4) Train representatives of employee organizations and	41951
public employers in the rules and techniques of collective	41952
bargaining procedures;	41953

(5) Make studies and analyses of, and act as a clearinghouse	41954
of information relating to, conditions of employment of public	41955
employees throughout the state and request assistance, services,	41956
and data from any public employee organization, public employer,	41957
or governmental unit. Public employee organizations, public	41958
employers, and governmental units shall provide such assistance,	41959
services, and data as will enable the board to carry out its	41960
functions and powers.	41961

(6) Make available to employee organizations, public	41962
employers, mediators, fact-finding panels, arbitrators, and joint	41963
study committees statistical data relating to wages, benefits, and	41964
employment practices in public and private employment applicable	41965
to various localities and occupations to assist them to resolve	41966
issues in negotiations;	41967

(7) Notwithstanding section 119.13 of the Revised Code,	41968
establish standards of persons who practice before it;	41969

(8) Adopt, amend, and rescind rules and procedures and	41970
exercise other powers appropriate to carry out this chapter.	41971
Before the adoption, amendment, or rescission of rules and	41972
procedures under this section, the board shall do all of the	41973
following:	41974

(a) Maintain a list of interested public employers and	41975
employee organizations and mail notice to such groups of any	41976
proposed rule or procedure, amendment thereto, or rescission	41977
thereof at least thirty days before any public hearing thereon;	41978

(b) Mail a copy of each proposed rule or procedure, amendment	41979
thereto, or rescission thereof to any person who requests a copy	41980
within five days after receipt of the request therefor;	41981

(c) Consult with appropriate statewide organizations	41982
representing public employers or employees who would be affected	41983
by the proposed rule or procedure.	41984

Although the board is expected to discharge these duties	41985
diligently, failure to mail any notice or copy, or to so consult	41986
with any person, is not jurisdictional and shall not be construed	41987
to invalidate any proceeding or action of the board.	41988

(I)(L) In case of neglect or refusal to obey a subpoena	41989
issued to any person, the court of common pleas of the county in	41990
which the investigation or the public hearing occurs, upon	41991
application by the board, may issue an order requiring the person	41992
to appear before the board and give testimony about the matter	41993
under investigation. The court may punish a failure to obey the	41994
order as contempt.	41995

(J)(M) Any subpoena, notice of hearing, or other process or	41996
notice of the board issued under this section may be served	41997
personally, by certified mail, or by leaving a copy at the	41998
principal office or personal residence of the respondent required	41999
to be served. A return, made and verified by the individual making	42000
the service and setting forth the manner of service, is proof of	42001
service, and a return post office receipt, when certified mail is	42002
used, is proof of service. All process in any court to which	42003
application is made under this chapter may be served in the county	42004
wherein the persons required to be served reside or are found.	42005

(K)(N) All expenses of the board, including all necessary	42006
traveling and subsistence expenses incurred by the members or	42007
employees of the board under its orders, shall be paid pursuant to	42008
itemized vouchers approved by the chairperson of the board, the	42009
executive director, or both, or such other person as the board	42010
chairperson designates for that purpose.	42011

(L)(O) Whenever the board determines that a substantial	42012
controversy exists with respect to the application or	42013
interpretation of this chapter and the matter is of public or	42014
great general interest, the board shall certify its final order	42015
directly to the court of appeals having jurisdiction over the area	42016
in which the principal office of the public employer directly	42017
affected by the application or interpretation is located. The	42018
chairperson shall file with the clerk of the court a certified	42019
copy of the transcript of the proceedings before the board	42020
pertaining to the final order. If upon hearing and consideration	42021
the court decides that the final order of the board is unlawful or	42022
is not supported by substantial evidence on the record as a whole,	42023
the court shall reverse and vacate the final order or modify it	42024
and enter final judgment in accordance with the modification;	42025
otherwise, the court shall affirm the final order. The notice of	42026
the final order of the board to the interested parties shall	42027
contain a certification by the chairperson of the board that the	42028
final order is of public or great general interest and that a	42029
certified transcript of the record of the proceedings before the	42030
board had been filed with the clerk of the court as an appeal to	42031
the court. For the purposes of this division, the board has	42032
standing to bring its final order properly before the court of	42033
appeals.	42034

(M)(P) Except as otherwise specifically provided in this	42035
section, the board is subject to Chapter 119. of the Revised Code,	42036
including the procedure for submission of proposed rules to the	42037
general assembly for legislative review under division (H) of	42038
section 119.03 of the Revised Code.	42039

Sec. 4117.14.  (A) The procedures contained in this section	42040
govern the settlement of disputes between an exclusive	42041
representative and a public employer concerning the termination or	42042
modification of an existing collective bargaining agreement or	42043
negotiation of a successor agreement, or the negotiation of an	42044
initial collective bargaining agreement.	42045

(B)(1) In those cases where there exists a collective	42046
bargaining agreement, any public employer or exclusive	42047
representative desiring to terminate, modify, or negotiate a	42048
successor collective bargaining agreement shall:	42049

(a) Serve written notice upon the other party of the proposed	42050
termination, modification, or successor agreement. The party must	42051
serve the notice not less than sixty days prior to the expiration	42052
date of the existing agreement or, in the event the existing	42053
collective bargaining agreement does not contain an expiration	42054
date, not less than sixty days prior to the time it is proposed to	42055
make the termination or modifications or to make effective a	42056
successor agreement.	42057

(b) Offer to bargain collectively with the other party for	42058
the purpose of modifying or terminating any existing agreement or	42059
negotiating a successor agreement;	42060

(c) Notify the state employment relations board of the offer	42061
by serving upon the board a copy of the written notice to the	42062
other party and a copy of the existing collective bargaining	42063
agreement.	42064

(2) In the case of initial negotiations between a public	42065
employer and an exclusive representative, where a collective	42066
bargaining agreement has not been in effect between the parties,	42067
any party may serve notice upon the board and the other party	42068
setting forth the names and addresses of the parties and offering	42069
to meet, for a period of ninety days, with the other party for the	42070
purpose of negotiating a collective bargaining agreement.	42071

If the settlement procedures specified in divisions (B), (C),	42072
and (D) of this section govern the parties, where those procedures	42073
refer to the expiration of a collective bargaining agreement, it	42074
means the expiration of the sixty-day period to negotiate a	42075
collective bargaining agreement referred to in this subdivision,	42076
or in the case of initial negotiations, it means the ninety day	42077
period referred to in this subdivision.	42078

(3) The parties shall continue in full force and effect all	42079
the terms and conditions of any existing collective bargaining	42080
agreement, without resort to strike or lock-out, for a period of	42081
sixty days after the party gives notice or until the expiration	42082
date of the collective bargaining agreement, whichever occurs	42083
later, or for a period of ninety days where applicable.	42084

(4) Upon receipt of the notice, the parties shall enter into	42085
collective bargaining.	42086

(C) In the event the parties are unable to reach an	42087
agreement, they may submit, at any time prior to forty-five days	42088
before the expiration date of the collective bargaining agreement,	42089
the issues in dispute to any mutually agreed upon dispute	42090
settlement procedure which supersedes the procedures contained in	42091
this section.	42092

(1) The procedures may include:

42093

(a) Conventional arbitration of all unsettled issues;

42094

(b) Arbitration confined to a choice between the last offer	42095
of each party to the agreement as a single package;	42096

(c) Arbitration confined to a choice of the last offer of	42097
each party to the agreement on each issue submitted;	42098

(d) The procedures described in division (C)(1)(a), (b), or	42099
(c) of this section and including among the choices for the	42100
arbitrator, the recommendations of the fact finder, if there are	42101
recommendations, either as a single package or on each issue	42102
submitted;	42103

(e) Settlement by a citizens' conciliation council composed	42104
of three residents within the jurisdiction of the public employer.	42105
The public employer shall select one member and the exclusive	42106
representative shall select one member. The two members selected	42107
shall select the third member who shall chair the council. If the	42108
two members cannot agree upon a third member within five days	42109
after their appointments, the board shall appoint the third	42110
member. Once appointed, the council shall make a final settlement	42111
of the issues submitted to it pursuant to division (G) of this	42112
section.	42113

(f) Any other dispute settlement procedure mutually agreed to	42114
by the parties.	42115

(2) If, fifty days before the expiration date of the	42116
collective bargaining agreement, the parties are unable to reach	42117
an agreement, any party may request the state employment relations	42118
board to intervene. The request shall set forth the names and	42119
addresses of the parties, the issues involved, and, if applicable,	42120
the expiration date of any agreement.	42121

The board shall intervene and investigate the dispute to	42122
determine whether the parties have engaged in collective	42123
bargaining.	42124

If an impasse exists or forty-five days before the expiration	42125
date of the collective bargaining agreement if one exists, the	42126
board shall appoint a mediator to assist the parties in the	42127
collective bargaining process.	42128

(3) If the mediator after assisting the parties advises the	42129
board that the parties have reached an impasse, or not later than	42130
thirty-one days prior to the expiration date of the agreementAny	42131
time after the appointment of a mediator, either party may request	42132
the appointment of a fact-finding panel. Within fifteen days after	42133
receipt of a request for a fact-finding panel, the board shall	42134
appoint within one day a fact-finding panel of not more than three	42135
members who have been selected by the parties in accordance with	42136
rules established by the board, from a list of qualified persons	42137
maintained by the board.	42138

(a) The fact-finding panel shall, in accordance with rules	42139
and procedures established by the board that include the	42140
regulation of costs and expenses of fact-finding, gather facts and	42141
make recommendations for the resolution of the matter. The board	42142
shall by its rules require each party to specify in writing the	42143
unresolved issues and its position on each issue to the	42144
fact-finding panel. The fact-finding panel shall make final	42145
recommendations as to all the unresolved issues.	42146

(b) The board may continue mediation, order the parties to	42147
engage in collective bargaining until the expiration date of the	42148
agreement, or both.	42149

(4) The following guidelines apply to fact-finding:

42150

(a) The fact-finding panel may establish times and place of	42151
hearings which shall be, where feasible, in the jurisdiction of	42152
the state.	42153

(b) The fact-finding panel shall conduct the hearing pursuant	42154
to rules established by the board.	42155

(c) Upon request of the fact-finding panel, the board shall	42156
issue subpoenas for hearings conducted by the panel.	42157

(d) The fact-finding panel may administer oaths.

42158

(e) The board shall prescribe guidelines for the fact-finding	42159
panel to follow in making findings. In making its recommendations,	42160
the fact-finding panel shall take into consideration the factors	42161
listed in divisions (G)(7)(a) to (f) of this section.	42162

(f) The fact-finding panel may attempt mediation at any time	42163
during the fact-finding process. From the time of appointment	42164
until the fact-finding panel makes a final recommendation, it	42165
shall not discuss the recommendations for settlement of the	42166
dispute with parties other than the direct parties to the dispute.	42167

(5) The fact-finding panel, acting by a majority of its	42168
members, shall transmit its findings of fact and recommendations	42169
on the unresolved issues to the public employer and employee	42170
organization involved and to the board no later than fourteen days	42171
after the appointment of the fact-finding panel, unless the	42172
parties mutually agree to an extension. The stateparties shall	42173
pay one-halfshare the cost of the fact-finding panel. The parties	42174
each shall pay one-half of the remaining costsin a manner agreed	42175
to by the parties.	42176

(6)(a) Not later than seven days after the findings and	42177
recommendations are sent, the legislative body, by a three-fifths	42178
vote of its total membership, and in the case of the public	42179
employee organization, the membership, by a three-fifths vote of	42180
the total membership, may reject the recommendations; if neither	42181
rejects the recommendations, the recommendations shall be deemed	42182
agreed upon as the final resolution of the issues submitted and a	42183
collective bargaining agreement shall be executed between the	42184
parties, including the fact-finding panel's recommendations,	42185
except as otherwise modified by the parties by mutual agreement.	42186
If either the legislative body or the public employee organization	42187
rejects the recommendations, the board shall publicize the	42188
findings of fact and recommendations of the fact-finding panel.	42189
The board shall adopt rules governing the procedures and methods	42190
for public employees to vote on the recommendations of the	42191
fact-finding panel.	42192

(b) As used in division (C)(6)(a) of this section,	42193
"legislative body" means the controlling board when the state or	42194
any of its agencies, authorities, commissions, boards, or other	42195
branch of public employment is party to the fact-finding process.	42196

(D) If the parties are unable to reach agreement within seven	42197
days after the publication of findings and recommendations from	42198
the fact-finding panel or the collective bargaining agreement, if	42199
one exists, has expired, then the:	42200

(1) Public employees, who are members of a police or fire	42201
department, members of the state highway patrol, deputy sheriffs,	42202
dispatchers employed by a police, fire or sheriff's department or	42203
the state highway patrol or civilian dispatchers employed by a	42204
public employer other than a police, fire, or sheriff's department	42205
to dispatch police, fire, sheriff's department, or emergency	42206
medical or rescue personnel and units, an exclusive nurse's unit,	42207
employees of the state school for the deaf or the state school for	42208
the blind, employees of any public employee retirement system,	42209
corrections officers, guards at penal or mental institutions,	42210
special police officers appointed in accordance with sections	42211
5119.14 and 5123.13 of the Revised Code, psychiatric attendants	42212
employed at mental health forensic facilities, or youth leaders	42213
employed at juvenile correctional facilities, shall submit the	42214
matter to a final offer settlement procedure pursuant to a board	42215
order issued forthwith to the parties to settle by a conciliator	42216
selected by the parties. The parties shall request from the board	42217
a list of five qualified conciliators and the parties shall select	42218
a single conciliator from the list by alternate striking of names.	42219
If the parties cannot agree upon a conciliator within five days	42220
after the board order, the board shall on the sixth day after its	42221
order appoint a conciliator from a list of qualified persons	42222
maintained by the board or shall request a list of qualified	42223
conciliators from the American arbitration association and appoint	42224
therefrom.	42225

(2) Public employees other than those listed in division	42226
(D)(1) of this section have the right to strike under Chapter	42227
4117. of the Revised Code provided that the employee organization	42228
representing the employees has given a ten-day prior written	42229
notice of an intent to strike to the public employer and to the	42230
board, and further provided that the strike is for full,	42231
consecutive work days and the beginning date of the strike is at	42232
least ten work days after the ending date of the most recent prior	42233
strike involving the same bargaining unit; however, the board, at	42234
its discretion, may attempt mediation at any time.	42235

(E) Nothing in this section shall be construed to prohibit	42236
the parties, at any time, from voluntarily agreeing to submit any	42237
or all of the issues in dispute to any other alternative dispute	42238
settlement procedure. An agreement or statutory requirement to	42239
arbitrate or to settle a dispute pursuant to a final offer	42240
settlement procedure and the award issued in accordance with the	42241
agreement or statutory requirement is enforceable in the same	42242
manner as specified in division (B) of section 4117.09 of the	42243
Revised Code.	42244

(F) Nothing in this section shall be construed to prohibit a	42245
party from seeking enforcement of a collective bargaining	42246
agreement or a conciliator's award as specified in division (B) of	42247
section 4117.09 of the Revised Code.	42248

(G) The following guidelines apply to final offer settlement	42249
proceedings under division (D)(1) of this section:	42250

(1) The parties shall submit to final offer settlement those	42251
issues that are subject to collective bargaining as provided by	42252
section 4117.08 of the Revised Code and upon which the parties	42253
have not reached agreement and other matters mutually agreed to by	42254
the public employer and the exclusive representative; except that	42255
the conciliator may attempt mediation at any time.	42256

(2) The conciliator shall hold a hearing within thirty days	42257
of the board's order to submit to a final offer settlement	42258
procedure, or as soon thereafter as is practicable.	42259

(3) The conciliator shall conduct the hearing pursuant to	42260
rules developed by the board. The conciliator shall establish the	42261
hearing time and place, but it shall be, where feasible, within	42262
the jurisdiction of the state. Not later than five calendar days	42263
before the hearing, each of the parties shall submit to the	42264
conciliator, to the opposing party, and to the board, a written	42265
report summarizing the unresolved issues, the party's final offer	42266
as to the issues, and the rationale for that position.	42267

(4) Upon the request by the conciliator, the board shall	42268
issue subpoenas for the hearing.	42269

(5) The conciliator may administer oaths.

42270

(6) The conciliator shall hear testimony from the parties and	42271
provide for a written record to be made of all statements at the	42272
hearing. The board shall submit for inclusion in the record and	42273
for consideration by the conciliator the written report and	42274
recommendation of the fact-finders.	42275

(7) After hearing, the conciliator shall resolve the dispute	42276
between the parties by selecting, on an issue-by-issue basis, from	42277
between each of the party's final settlement offers, taking into	42278
consideration the following:	42279

(a) Past collectively bargained agreements, if any, between	42280
the parties;	42281

(b) Comparison of the issues submitted to final offer	42282
settlement relative to the employees in the bargaining unit	42283
involved with those issues related to other public and private	42284
employees doing comparable work, giving consideration to factors	42285
peculiar to the area and classification involved;	42286

(c) The interests and welfare of the public, the ability of	42287
the public employer to finance and administer the issues proposed,	42288
and the effect of the adjustments on the normal standard of public	42289
service;	42290

(d) The lawful authority of the public employer;

42291

(e) The stipulations of the parties;

42292

(f) Such other factors, not confined to those listed in this	42293
section, which are normally or traditionally taken into	42294
consideration in the determination of the issues submitted to	42295
final offer settlement through voluntary collective bargaining,	42296
mediation, fact-finding, or other impasse resolution procedures in	42297
the public service or in private employment.	42298

(8) Final offer settlement awards made under Chapter 4117. of	42299
the Revised Code are subject to Chapter 2711. of the Revised Code.	42300

(9) If more than one conciliator is used, the determination	42301
must be by majority vote.	42302

(10) The conciliator shall make written findings of fact and	42303
promulgate a written opinion and order upon the issues presented	42304
to the conciliator, and upon the record made before the	42305
conciliator and shall mail or otherwise deliver a true copy	42306
thereof to the parties and the board.	42307

(11) Increases in rates of compensation and other matters	42308
with cost implications awarded by the conciliator may be effective	42309
only at the start of the fiscal year next commencing after the	42310
date of the final offer settlement award; provided that if a new	42311
fiscal year has commenced since the issuance of the board order to	42312
submit to a final offer settlement procedure, the awarded	42313
increases may be retroactive to the commencement of the new fiscal	42314
year. The parties may, at any time, amend or modify a	42315
conciliator's award or order by mutual agreement.	42316

(12) The parties shall bear equally the cost of the final	42317
offer settlement procedure.	42318

(13) Conciliators appointed pursuant to this section shall be	42319
residents of the state.	42320

(H) All final offer settlement awards and orders of the	42321
conciliator made pursuant to Chapter 4117. of the Revised Code are	42322
subject to review by the court of common pleas having jurisdiction	42323
over the public employer as provided in Chapter 2711. of the	42324
Revised Code. If the public employer is located in more than one	42325
court of common pleas district, the court of common pleas in which	42326
the principal office of the chief executive is located has	42327
jurisdiction.	42328

(I) The issuance of a final offer settlement award	42329
constitutes a binding mandate to the public employer and the	42330
exclusive representative to take whatever actions are necessary to	42331
implement the award.	42332

Sec. 4123.27.  Information contained in the annual statement	42333
provided for in section 4123.26 of the Revised Code, and such	42334
other information as may be furnished to the bureau of workers'	42335
compensation by employers in pursuance of that section, is for the	42336
exclusive use and information of the bureau in the discharge of	42337
its official duties, and shall not be open to the public nor be	42338
used in any court in any action or proceeding pending therein	42339
unless the bureau is a party to the action or proceeding; but the	42340
information contained in the statement may be tabulated and	42341
published by the bureau in statistical form for the use and	42342
information of other state departments and the public. No person	42343
in the employ of the bureau, except those who are authorized by	42344
the administrator of workers' compensation, shall divulge any	42345
information secured by the person while in the employ of the	42346
bureau in respect to the transactions, property, claim files,	42347
records, or papers of the bureau or in respect to the business or	42348
mechanical, chemical, or other industrial process of any company,	42349
firm, corporation, person, association, partnership, or public	42350
utility to any person other than the administrator or to the	42351
superior of such employee of the bureau.	42352

Notwithstanding the restrictions imposed by this section, the	42353
governor, select or standing committees of the general assembly,	42354
the auditor of state, the attorney general, or their designees,	42355
pursuant to the authority granted in this chapter and Chapter	42356
4121. of the Revised Code, may examine any records, claim files,	42357
or papers in possession of the industrial commission or the	42358
bureau. They also are bound by the privilege that attaches to	42359
these papers.	42360

The administrator shall report to the director of job and	42361
family services or to the county director of job and family	42362
services the name, address, and social security number or other	42363
identification number of any person receiving workers'	42364
compensation whose name or social security number or other	42365
identification number is the same as that of a person required by	42366
a court or child support enforcement agency to provide support	42367
payments to a recipient or participant of public assistance, and	42368
whose name is submitted to the administrator by the director under	42369
section 5101.36 of the Revised Code. The administrator also shall	42370
inform the director of the amount of workers' compensation paid to	42371
the person during such period as the director specifies.	42372

Within fourteen days after receiving from the director of job	42373
and family services a list of the names and social security	42374
numbers of recipients or participants of public assistance	42375
pursuant to section 5101.181 of the Revised Code, the	42376
administrator shall inform the auditor of state of the name,	42377
current or most recent address, and social security number of each	42378
person receiving workers' compensation pursuant to this chapter	42379
whose name and social security number are the same as that of a	42380
person whose name or social security number was submitted by the	42381
director. The administrator also shall inform the auditor of state	42382
of the amount of workers' compensation paid to the person during	42383
such period as the director specifies.	42384

The bureau and its employees, except for purposes of	42385
furnishing the auditor of state with information required by this	42386
section, shall preserve the confidentiality of recipients or	42387
participants of public assistance in compliance with division (A)	42388
of section 5101.181 of the Revised Code.	42389

For the purposes of this section, "public assistance" means	42390
medical assistance provided through the medical assistance program	42391
established under section 5111.01 of the Revised Code, Ohio works	42392
first provided under Chapter 5107. of the Revised Code,	42393
prevention, retention, and contingency benefits and services	42394
provided under Chapter 5108. of the Revised Code, or disability	42395
financial assistance provided under Chapter 5115. of the Revised	42396
Code, or disability medical assistance provided under Chapter	42397
5115. of the Revised Code.	42398

Sec. 4123.41.  (A) By the first day of January of each year,	42399
the bureau of workers' compensation shall furnish to the county	42400
auditor of each county and the chief fiscal officer of each taxing	42401
district in a county and of each district activity and institution	42402
mentioned in section 4123.39 of the Revised Code forms containing	42403
the premium rates applicable to the county, district, district	42404
activity, or institution as an employer, on which to report the	42405
amount of money expended by the county, district, district	42406
activity, or institution during the previous twelve calendar	42407
months for the services of employees under this chapter.	42408

(B) Each county auditor and each fiscal officer of a	42409
district, district activity, and institution shall calculate on	42410
the form it receives from the bureau under division (A) of this	42411
section the premium due as its proper contribution to the public	42412
insurance fund and issue hisa warrant in favor of the bureau for	42413
the amount due from the county, district, district activity, or	42414
institution to the public insurance fund according to the	42415
following schedule:	42416

(1) On or before the fifteenth day of May of each year, no	42417
less than forty-five per cent of the amount due;	42418

(2) On or before the first day of September of each year, no	42419
less than the total amount due.	42420

The legislative body of any county, district, district	42421
activity, or institution may reimburse the fund from which the	42422
contribution is made by transferring to the fund from any other	42423
fund of the county, district, district activity, or institution,	42424
the proportionate amount of the contribution that should be	42425
chargeable to the fund, whether the fund is derived from taxation	42426
or otherwise. The proportionate amount of the contribution	42427
chargeable to the fund may be based on payroll, relative exposure,	42428
relative loss experience, or any combination of these factors, as	42429
determined by the legislative body. Within sixty days before a	42430
legislative body changes the method used for calculating the	42431
proportionate amount of the contribution chargeable to the fund,	42432
it shall notify, consult with, and give information supporting the	42433
change to any elected official affected by the change. A transfer	42434
made pursuant to division (B)(2) of this section is not subject to	42435
section 5705.16 of the Revised Code.	42436

(C) The bureau may investigate the correctness of the	42437
information provided by the county auditor and chief fiscal	42438
officer under division (B) of this section, and if the bureau	42439
determines at any time that the county, district, district	42440
activity, or institution has not reported the correct information,	42441
the administrator of workers' compensation may make deductions or	42442
additions as the facts warrant and take those facts into	42443
consideration in determining the current or future contributions	42444
to be made by the county, district, district activity, or	42445
institution. If the county, district, district activity, or	42446
institution does not furnish the report in the time required by	42447
this section, the administrator may fix the amount of contribution	42448
the county, district, district activity, or institution must make	42449
and certify that amount for payment.	42450

(D) The administrator shall provide a discount to any county,	42451
district, district activity, or institution that pays its total	42452
amount due to the public insurance fund on or before the fifteenth	42453
day of May of each year as its proper contribution for premiums.	42454
The administrator shall base the discount provided under this	42455
division on the savings generated by the early payment to the	42456
public insurance fund. The administrator may provide the discount	42457
through a refund to the county, district, district activity, or	42458
institution or an offset against the future contributions due to	42459
the public insurance fund from the county, district, district	42460
activity, or institution.	42461

(E) The administrator may impose an interest penalty for late	42462
payment of any amount due from a county, district, district	42463
activity, and institution at the interest rate established by the	42464
state tax commissioner pursuant to section 5703.47 of the Revised	42465
Code.	42466

Sec. 4141.04.  The director of job and family services shall	42467
maintain or ensure the existence of public employment offices that	42468
are free to the general public. These offices shall exist in such	42469
number and in such places as are necessary for the proper	42470
administration of this chapter, to perform such duties as are	42471
within the purview of the act of congress entitled "an act to	42472
provide for the establishment of a national employment system and	42473
for cooperation with the states in the promotion of such system,	42474
and for other purposes," approved June 6, 1933, as amended, which	42475
is known as the "Wagner-Peyser Act." The director shall cooperate	42476
with any official or agency of the United States having powers or	42477
duties under that act of congress and shall do and perform all	42478
things necessary to secure to this state the benefits of that act	42479
of congress in the promotion and maintenance of a system of public	42480
employment offices. That act of congress is hereby accepted by	42481
this state, in conformity with that act of congress and Title III	42482
of the "Social Security Act," and the "Federal Unemployment Tax	42483
Act," 26 U.S.C.A. 3301, as amended, and this state will observe	42484
and comply with the requirements thereof. The department of job	42485
and family services is hereby designated and constituted the	42486
agency of this state for the purposes of that act of congress.	42487

The director may cooperate with or enter into agreements with	42488
the railroad retirement board with respect to the establishment,	42489
maintenance, and use of employment service facilities that are	42490
free to the general public.	42491

All moneys received by this state under the act of congress	42492
known as the Wagner-Peyser Act shall be paiddeposited into the	42493
state treasury to the credit of the special employment service	42494
account in the unemployment compensation administrationfederal	42495
operating fund, which is hereby created. Those moneys are hereby	42496
made available to the director to be expended as provided by this	42497
section and by that act of congress. For the purpose of	42498
establishing and maintaining public employment offices that are	42499
free to the general public, the director may enter into agreements	42500
with the railroad retirement board or any other agency of the	42501
United States charged with the administration of an unemployment	42502
compensation law, with any political subdivision of this state, or	42503
with any private, nonprofit organization and as a part of any such	42504
agreement the director may accept moneys, services, or quarters as	42505
a contribution to the employment service account.	42506

The director shall maintain labor market information and	42507
employment statistics as necessary for the administration of this	42508
chapter.	42509

The director shall appoint an employee of the department to	42510
serve as an ex officio member of the governor's council to	42511
maintain a liaison between the department and the governor's	42512
council on people with disabilities.	42513

Sec. 4141.09.  (A) There is hereby created an unemployment	42514
compensation fund to be administered by the state without	42515
liability on the part of the state beyond the amounts paid into	42516
the fund and earned by the fund. The unemployment compensation	42517
fund shall consist of all contributions, payments in lieu of	42518
contributions described in sections 4141.241 and 4141.242 of the	42519
Revised Code, reimbursements of the federal share of extended	42520
benefits described in section 4141.301 of the Revised Code,	42521
collected under sections 4141.01 to 4141.46 of the Revised Code,	42522
together with all interest earned upon any moneys deposited with	42523
the secretary of the treasury of the United States to the credit	42524
of the account of this state in the unemployment trust fund	42525
established and maintained pursuant to section 904 of the "Social	42526
Security Act," any property or securities acquired through the use	42527
of moneys belonging to the fund, and all earnings of such property	42528
or securities. The unemployment compensation fund shall be used to	42529
pay benefits and refunds as provided by such sections and for no	42530
other purpose.	42531

(B) The treasurer of state shall be the custodian of the	42532
unemployment compensation fund and shall administer such fund in	42533
accordance with the directions of the director of job and family	42534
services. All disbursements therefrom shall be paid by the	42535
treasurer of state on warrants drawn by the director. Such	42536
warrants may bear the facsimile signature of the director printed	42537
thereon and that of a deputy or other employee of the director	42538
charged with the duty of keeping the account of the unemployment	42539
compensation fund and with the preparation of warrants for the	42540
payment of benefits to the persons entitled thereto. Moneys in the	42541
clearing and benefit accounts shall not be commingled with other	42542
state funds, except as provided in division (C) of this section,	42543
but shall be maintained in separate accounts on the books of the	42544
depositary bank. Such money shall be secured by the depositary	42545
bank to the same extent and in the same manner as required by	42546
sections 135.01 to 135.21 of the Revised Code; and collateral	42547
pledged for this purpose shall be kept separate and distinct from	42548
any collateral pledged to secure other funds of this state. All	42549
sums recovered for losses sustained by the unemployment	42550
compensation fund shall be deposited therein. The treasurer of	42551
state shall be liable on the treasurer's official bond for the	42552
faithful performance of the treasurer's duties in connection with	42553
the unemployment compensation fund, such liability to exist in	42554
addition to any liability upon any separate bond.	42555

(C) The treasurer of state shall maintain within the	42556
unemployment compensation fund three separate accounts which shall	42557
be a clearing account, an unemployment trust fund account, and a	42558
benefit account. All moneys payable to the unemployment	42559
compensation fund, upon receipt thereof by the director, shall be	42560
forwarded to the treasurer of state, who shall immediately deposit	42561
them in the clearing account. Refunds of contributions, or	42562
payments in lieu of contributions, payable pursuant to division	42563
(E) of this section may be paid from the clearing account upon	42564
warrants signed by a deputy or other employee of the director	42565
charged with the duty of keeping the record of the clearing	42566
account and with the preparation of warrants for the payment of	42567
refunds to persons entitled thereto. After clearance thereof, all	42568
moneys in the clearing account shall be deposited with the	42569
secretary of the treasury of the United States to the credit of	42570
the account of this state in the unemployment trust fund	42571
established and maintained pursuant to section 904 of the "Social	42572
Security Act," in accordance with requirements of the "Federal	42573
Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301,	42574
3304(a)(3), any law in this state relating to the deposit,	42575
administration, release, or disbursement of moneys in the	42576
possession or custody of this state to the contrary	42577
notwithstanding. The benefit account shall consist of all moneys	42578
requisitioned from this state's account in the unemployment trust	42579
fund. Federal funds, other than funds received by the director	42580
under divisions (I) and (J) of this section, received for payment	42581
of federal benefits may be deposited into the benefit account	42582
solely for payment of benefits under a federal program	42583
administered by this state. Moneys so requisitioned shall be used	42584
solely for the payment of benefits and for no other purpose.	42585
Moneys in the clearing and benefit accounts may be deposited by	42586
the treasurer of state, under the direction of the director, in	42587
any bank or public depositary in which general funds of the state	42588
may be deposited, but no public deposit insurance charge or	42589
premium shall be paid out of the fund.	42590

(D) Moneys shall be requisitioned from this state's account	42591
in the unemployment trust fund solely for the payment of benefits	42592
and in accordance with regulations prescribed by the director. The	42593
director shall requisition from the unemployment trust fund such	42594
amounts, not exceeding the amount standing to this state's account	42595
therein, as are deemed necessary for the payment of benefits for a	42596
reasonable future period. Upon receipt thereof, the treasurer of	42597
state shall deposit such moneys in the benefit account.	42598
Expenditures of such money in the benefit account and refunds from	42599
the clearing account shall not require specific appropriations or	42600
other formal release by state officers of money in their custody.	42601
Any balance of moneys requisitioned from the unemployment trust	42602
fund which remains unclaimed or unpaid in the benefit account	42603
after the expiration of the period for which such sums were	42604
requisitioned shall either be deducted from estimates for and may	42605
be utilized for the payment of benefits during succeeding periods,	42606
or, in the discretion of the director, shall be redeposited with	42607
the secretary of the treasury of the United States to the credit	42608
of this state's account in the unemployment trust fund, as	42609
provided in division (C) of this section. Unclaimed or unpaid	42610
federal funds redeposited with the secretary of the treasury of	42611
the United States shall be credited to the appropriate federal	42612
account.	42613

(E) No claim for an adjustment or a refund on contribution,	42614
payment in lieu of contributions, interest, or forfeiture alleged	42615
to have been erroneously or illegally assessed or collected, or	42616
alleged to have been collected without authority, and no claim for	42617
an adjustment or a refund of any sum alleged to have been	42618
excessive or in any manner wrongfully collected shall be allowed	42619
unless an application, in writing, therefor is made within four	42620
years from the date on which such payment was made. If the	42621
director determinsdetermines that such contribution, payment in	42622
lieu of contributions, intrestinterest, or forfeiture, or any	42623
portion tereofthereof, was erroneously collected, the director	42624
shall allow such employer to make an adjustment thereof without	42625
interest in connection with subsequent contribution payments, or	42626
payments in lieu of contributions, by the employer, or the	42627
director may refund said amount, without interest, from the	42628
clearing account of the unemployment compensation fund, except as	42629
provided in division (B) of section 4141.11 of the Revised Code.	42630
For like cause and within the same period, adjustment or refund	42631
may be so made on the director's own initiative. An overpayment of	42632
contribution, payment in lieu of contributions, interest, or	42633
forfeiture for which an employer has not made application for	42634
refund prior to the date of sale of the employer's business shall	42635
accrue to the employer's successor in interest.	42636

An application for an adjustment or a refund, or any portion	42637
thereof, that is rejected is binding upon the employer unless,	42638
within thirty days after the mailing of a written notice of	42639
rejection to the employer's last known address, or, in the absence	42640
of mailing of such notice, within thirty days after the delivery	42641
of such notice, the employer files an application for a review and	42642
redetermination setting forth the reasons therefor. The director	42643
shall promptly examine the application for review and	42644
redetermination, and if a review is granted, the employer shall be	42645
promptly notified thereof, and shall be granted an opportunity for	42646
a prompt hearing.	42647

(F) If the director finds that contributions have been paid	42648
to the director in error, and that such contributions should have	42649
been paid to a department of another state or of the United States	42650
charged with the administration of an unemployment compensation	42651
law, the director may upon request by such department or upon the	42652
director's own initiative transfer to such department the amount	42653
of such contributions, less any benefits paid to claimants whose	42654
wages were the basis for such contributions. The director may	42655
request and receive from such department any contributions or	42656
adjusted contributions paid in error to such department which	42657
should have been paid to the director.	42658

(G) In accordance with section 303(c)(3) of the Social	42659
Security Act, and section 3304(a)(17) of the Internal Revenue Code	42660
of 1954 for continuing certification of Ohio unemployment	42661
compensation laws for administrative grants and for tax credits,	42662
any interest required to be paid on advances under Title XII of	42663
the Social Security Act shall be paid in a timely manner and shall	42664
not be paid, directly or indirectly, by an equivalent reduction in	42665
the Ohio unemployment taxes or otherwise, by the state from	42666
amounts in the unemployment compensation fund.	42667

(H) The treasurer of state, under the direction of the	42668
director and in accordance with the "Cash Management Improvement	42669
Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 335, 6503, shall deposit	42670
amounts of interest earned by the state on funds in the benefit	42671
account established pursuant to division (C) of this section into	42672
the department of job and family services banking fees fund, which	42673
is hereby created in the state treasury for the purpose of paying	42674
related banking costs incurred by the state for the period for	42675
which the interest is calculated, except that if the deposited	42676
interest exceeds the banking costs incurred by the state for the	42677
period for which the interest is calculated, the treasurer of	42678
state shall deposit the excess interest into the unemployment	42679
trust fund.	42680

(I) The treasurer of state, under the direction of the	42681
director, shall deposit federal funds received by the director for	42682
the payment of benefits, job search, relocation, transportation,	42683
and subsistence allowances pursuant to the "Trade Act of 1974," 88	42684
Stat. 1978, 19 U.S.C.A. 2101, as amended,; the "North American	42685
Free Trade Implementation Act of 1993," 107 Stat. 2057, 19	42686
U.S.C.A. 3301, as amended; and the "Trade Act of 2002," 116 Stat.	42687
993, 19 U.S.C.A. 3801, as amended, into the Trade Act benefit	42688
account, which is hereby created for the purpose of paying for	42689
benefits, training, and support servicesmaking payments specified	42690
under that actthose acts.	42691

(J) The treasurer of state, under the direction of the	42692
director, shall deposit federal funds received by the director for	42693
training and administration pursuant to the "Trade Act of 1974,"	42694
88 Stat. 1978, 19 U.S.C.A. 2101, as amended; the "North American	42695
Free Trade Agreement Implementation Act," 107 Stat. 2057 (1993),	42696
19 U.S.C.A. 3301, as amended; and the "Trade Act of 2002," 116	42697
Stat. 993, 19 U.S.C.A. 3801, as amended, into the North American	42698
Free Trade Act training and administration account, which is	42699
hereby created for the purpose of paying for benefits, training,	42700
and support servicesmaking payments specified under that act	42701
those acts.	42702

Sec. 4141.201. (A) If an employer submits a form, report,	42703
record, or makes any other filing required under this chapter and	42704
the filing contains incorrect information, the employer shall not	42705
be required to pay any penalty with respect to the submission,	42706
provided that the employer has voluntarily identified and	42707
corrected the incorrect information.	42708

(B) This section does not apply to any false information	42709
knowingly included by the employer in a form, report, record, or	42710
other filing for the principal purpose of avoiding any payment	42711
required under this chapter.	42712

Sec. 4141.23.  (A) Contributions shall accrue and become	42713
payable by each employer for each calendar year or other period as	42714
prescribed by this chapter. Such contributions become due and	42715
shall be paid by each employer to the director of job and family	42716
services for the unemployment compensation fund in accordance with	42717
such regulations as the director prescribes, and shall not be	42718
deducted, in whole or in part, from the remuneration of	42719
individuals in the employer's employ.	42720

In the payment of any contributions, a fractional part of a	42721
dollar may be disregarded unless it amounts to fifty cents or	42722
more, in which case it may be increased to the next higher dollar.	42723

(B)(1) Any contribution or payment in lieu of contribution,	42724
due from an employer on or before December 31, 1992, shall, if not	42725
paid when due, bear interest at the rate of ten per cent per	42726
annum. In such computation any fraction of a month shall be	42727
considered as a full month.	42728

(2) Any contribution, payment in lieu of contribution,	42729
interest, forfeiture, or fine due from an employer on or after	42730
January 1, 1993, shall, if not paid when due, bear interest at the	42731
annual rate of fourteen per cent compounded monthly on the	42732
aggregate receivable balance due. In such computation any fraction	42733
of a month shall be considered as a full month.	42734

(C) The director may waive the interest assessed under	42735
division (B)(2) of this section if the employer meets all of the	42736
following conditions within thirty days after the date the	42737
director mails or delivers the notice of assessment of interest:	42738

(1) Provides to the director a written request for a waiver	42739
of interest clearly demonstrating that the employer's failure to	42740
timely pay contributions, payments in lieu of contributions,	42741
interest, forfeiture, and fines was a result of circumstances	42742
beyond the control of the employer or the employer's agent, except	42743
that negligence on the part of the employer or the employer's	42744
agent shall not be considered beyond the control of the employer	42745
or the employer's agent;	42746

(2) Furnishes to the director all quarterly reports required	42747
under section 4141.20 of the Revised Code;	42748

(3) Pays in full all contributions, payments in lieu of	42749
contributions, interest, forfeiture, and fines for each quarter	42750
for which such payments are due.	42751

The director shall deny an employer's request for a waiver of	42752
interest after finding that the employer's failure to timely	42753
furnish reports or make payments as required under this chapter	42754
was due to an attempt to evade payment.	42755

(D) Any contribution, interest, forfeiture, or fine required	42756
to be paid under this chapter by any employer shall, if not paid	42757
when due, become a lien upon the real and personal property of	42758
such employer. Upon failure of such employer to pay the	42759
contributions, interest, forfeiture, or fine required to be paid	42760
under this chapter, the director shall file notice of such lien,	42761
for which there shall be no charge, in the office of the county	42762
recorder of the county in which it is ascertained that such	42763
employer owns real estate or personal property. The director shall	42764
notify the employer by mail of the lien. The absence of proof that	42765
the notice was sent does not affect the validity of the lien. Such	42766
lien shall not be valid as against the claim of any mortgagee,	42767
pledgee, purchaser, judgment creditor, or other lienholder of	42768
record at the time such notice is filed.	42769

If the employer acquires real or personal property after	42770
notice of lien is filed, such lien shall not be valid as against	42771
the claim of any mortgagee, pledgee, subsequent bona fide	42772
purchaser for value, judgment creditor, or other lienholder of	42773
record to such after-acquired property, unless the notice of lien	42774
is refiled after such property was acquired by the employer and	42775
before the competing lien attached to such after-acquired property	42776
or before the conveyance to such subsequent bona fide purchaser	42777
for value.	42778

Such notice shall be recorded in a book kept by the recorder	42779
called the "unemployment compensation lien record" and indexed	42780
therein in an alphabetical index under the name of such employer.	42781
When such unpaid contributions, interest, forfeiture, or fines	42782
have been paid, the employer may record with the recorder of the	42783
county in which such notice of lien has been filed and recorded,	42784
notice of such payment. For recording suchthe notice of payment	42785
the recorder shall charge and receive from the employer a base fee	42786
of two dollars for services and a housing trust fund fee of two	42787
dollars pursuant to section 317.36 of the Revised Code.	42788

(E) Notwithstanding other provisions in this section, the	42789
director may reduce, in whole or in part, the amount of interest,	42790
forfeiture, or fines required to be paid under this chapter if the	42791
director determines that the reduction is in the best interest of	42792
the unemployment compensation fund.	42793

(F) Assessment of contributions shall not be made after four	42794
years from the date on which such contributions became payable,	42795
and no action in court for the collection of contributions without	42796
assessment of such contributions shall be begun after the	42797
expiration of five years from the date such contributions became	42798
payable. In case of a false or fraudulent report or of a willful	42799
attempt in any manner to evade contributions, such contributions	42800
may be assessed or a proceeding in court for the collection of	42801
such contributions may be begun without assessment at any time.	42802
When the assessment of contributions has been made within such	42803
four-year period provided, action in court to collect such	42804
contributions may be begun within, but not later than, six years	42805
after such assessment.	42806

(G) In the event of a distribution of an employer's assets,	42807
pursuant to an order of any court under the law of this state,	42808
including any receivership, assignment for benefit of creditors,	42809
adjudicated insolvency, or similar proceedings, contributions,	42810
interest, forfeiture, or fine then or thereafter due have the same	42811
priority as provided by law for the payment of taxes due the state	42812
and shall be paid out of the trust fund in the same manner as	42813
provided for other claims for unpaid taxes due the state.	42814

(H) If the attorney general finds after investigation that	42815
any claim for delinquent contributions, interest, forfeitures, or	42816
fines owing to the director is uncollectible, in whole or in part,	42817
the attorney general shall recommend to the director the	42818
cancellation of such claim or any part thereof. The director may	42819
thereupon effect such cancellation.	42820

Sec. 4301.03.  The liquor control commission may adopt and	42821
promulgate, repeal, rescind, and amend, in the manner required by	42822
this section, rules, standards, requirements, and orders necessary	42823
to carry out this chapter and Chapter 4303. of the Revised Code,	42824
but all rules of the board of liquor control whichthat were in	42825
effect immediately prior to April 17, 1963, shall remain in full	42826
force and effect as rules of the liquor control commission until	42827
and unless amended or repealed by the liquor control commission.	42828
The rules of the commission may include the following:	42829

(A) Rules with reference to applications for and the issuance	42830
of permits for the manufacture, distribution, transportation, and	42831
sale of beer and intoxicating liquor, and the sale of alcohol; and	42832
rules governing the procedure of the division of liquor control in	42833
the suspension, revocation, and cancellation of those permits;	42834

(B) Rules and orders providing in detail for the conduct of	42835
any retail business authorized under permits issued pursuant to	42836
this chapter and Chapter 4303. of the Revised Code, with a view to	42837
ensuring compliance with those chapters and laws relative to them,	42838
and the maintenance of public decency, sobriety, and good order in	42839
any place licensed under the permits. No rule or order shall	42840
prohibit the sale of lottery tickets issued pursuant to Chapter	42841
3770. of the Revised Code by any retail business authorized under	42842
permits issued pursuant to that chapter.	42843

No rule or order shall prohibit pari-mutuel wagering on	42844
simulcast horse races at a satellite facility that has been issued	42845
a D liquor permit under Chapter 4303. of the Revised Code. No rule	42846
or order shall prohibit a charitable organization that holds a D-4	42847
permit from selling or serving beer or intoxicating liquor under	42848
its permit in a portion of its premises merely because that	42849
portion of its premises is used at other times for the conduct of	42850
a charitable bingo game, as described in division (S) of section	42851
2915.01 of the Revised Code. However, such an organization shall	42852
not sell or serve beer or intoxicating liquor or permit beer or	42853
intoxicating liquor to be consumed or seen in the same location in	42854
its premises where a charitable bingo game, as described in	42855
division (S)(1) of section 2915.01 of the Revised Code, is being	42856
conducted while the game is being conducted. As used in this	42857
division, "charitable organization" has the same meaning as in	42858
division (H) of section 2915.01 of the Revised Code, and	42859
"charitable bingo game" has the same meaning as in division (R) of	42860
that section. No rule or order pertaining to visibility into the	42861
premises of a permit holder after the legal hours of sale shall be	42862
adopted or maintained by the commission.	42863

(C) Standards, not in conflict with those prescribed by any	42864
law of this state or the United States, to secure the use of	42865
proper ingredients and methods in the manufacture of beer, mixed	42866
beverages, and wine to be sold within this state;	42867

(D) Rules determining the nature, form, and capacity of all	42868
packages and bottles to be used for containing beer or	42869
intoxicating liquor, except for spirituous liquor to be kept or	42870
sold, governing the form of all seals and labels to be used on	42871
those packages and bottles, and requiring the label on every	42872
package, bottle, and container to state the ingredients in the	42873
contents and, except on beer, the terms of weight, volume, or	42874
proof spirits, and whether the same is beer, wine, alcohol, or any	42875
intoxicating liquor except for spirituous liquor;	42876

(E) Uniform rules governing all advertising with reference to	42877
the sale of beer and intoxicating liquor throughout the state and	42878
advertising upon and in the premises licensed for the sale of beer	42879
or intoxicating liquor;	42880

(F) Rules restricting and placing conditions upon the	42881
transfer of permits;	42882

(G) Rules and orders limiting the number of permits of any	42883
class within the state or within any political subdivision of the	42884
state; and, for that purpose, adopting reasonable classifications	42885
of persons or establishments to which any authorized class of	42886
permits may be issued within any political subdivision;	42887

(H) Rules and orders with reference to sales of beer and	42888
intoxicating liquor on Sundays and holidays and with reference to	42889
the hours of the day during which and the persons to whom	42890
intoxicating liquor of any class may be sold, and rules with	42891
reference to the manner of sale;	42892

(I) Rules requiring permit holders buying beer to pay and	42893
permit holders selling beer to collect minimum cash deposits for	42894
kegs, cases, bottles, or other returnable containers of the beer;	42895
requiring the repayment, or credit, of the minimum cash deposit	42896
charges upon the return of the empty containers; and requiring the	42897
posting of such form of indemnity or such other conditions with	42898
respect to the charging, collection, and repayment of minimum cash	42899
deposit charges for returnable containers of beer as are necessary	42900
to ensure the return of the empty containers or the repayment upon	42901
that return of the minimum cash deposits paid;	42902

(J) Rules establishing the method by which alcohol products	42903
may be imported for sale by wholesale distributors and the method	42904
by which manufacturers and suppliers may sell alcohol products to	42905
wholesale distributors.	42906

Every rule, standard, requirement, or order of the commission	42907
and every repeal, amendment, or rescission of them shall be posted	42908
for public inspection in the principal office of the commission	42909
and the principal office of the division of liquor control, and a	42910
certified copy of them shall be filed in the office of the	42911
secretary of state. An order applying only to persons named in it	42912
shall be served on the persons affected by personal delivery of a	42913
certified copy, or by mailing a certified copy to each person	42914
affected by it or, in the case of a corporation, to any officer or	42915
agent of the corporation upon whom a service of summons may be	42916
served in a civil action. The posting and filing required by this	42917
section constitutes sufficient notice to all persons affected by	42918
such rule or order which is not required to be served. General	42919
rules of the commission promulgated pursuant to this section shall	42920
be published in the manner the commission determines.	42921

Sec. 4301.19.  The division of liquor control shall sell	42922
spirituous liquor only, whether from a warehouse or from a state	42923
liquor store. All sales shall be in sealed containers and for	42924
resale as authorized by Chapters 4301.this chapter and Chapter	42925
4303. of the Revised Code or for consumption off the premises	42926
only. Except as otherwise provided in this section, sale of	42927
containers holding one-half pint or less of spirituous liquor by	42928
the division shall be made at retail only, and not for the purpose	42929
of resale by any purchaser, by special order placed with a state	42930
retail liquor store and subject to rules established by the	42931
superintendent of liquor control. The division shallmay sell at	42932
wholesale spirituous liquor in fifty milliliter sealed containers	42933
to hotels that sell spirituous liquor by means of a controlled	42934
access alcohol and beverage cabinet in accordance with division	42935
(B) of section 4301.21any holder of a permit issued under Chapter	42936
4303. of the Revised Code, but only for purposes of resale by the	42937
hotel in sealed containers by means of a controlled access alcohol	42938
and beverage cabinetthat authorizes the sale of spirituous liquor	42939
for consumption on the premises where sold. A person appointed by	42940
the division to act as an agent for the sale of spirituous liquor	42941
pursuant to section 4301.17 of the Revised Code may provide and	42942
accept gift certificates and may accept credit cards and debit	42943
cards for the retail purchase of spirituous liquor. Deliveries	42944
shall be made in suchthe manner as the superintendent determines	42945
by rule.	42946

If any persons desireperson desires to purchase any variety	42947
or brand of spirituous liquor which is not in stock at the state	42948
liquor store where the samevariety or brand is ordered, the	42949
division shall immediately procure the samevariety or brand after	42950
a reasonable deposit is made by the purchaser in such proportion	42951
of the approximate cost of the order as is prescribed by the rules	42952
of the superintendent. The purchaser shall be immediately notified	42953
upon the arrival of the spirituous liquor at the store at which it	42954
was ordered. Unless suchthe purchaser pays for the samevariety	42955
or brand and accepts delivery within five days after the giving of	42956
suchthe notice, the division may place suchthe spirituous liquor	42957
in stock for general sale, and the deposit of the purchaser shall	42958
be forfeited.	42959

Sec. 4303.02.  Permit A-1 may be issued to a manufacturer to	42960
manufacture beer and sell beer products in bottles or containers	42961
for home use and to retail and wholesale permit holders under	42962
rules promulgated by the division of liquor control. The fee for	42963
this permit is three thousand onenine hundred twenty-fivesix	42964
dollars for each plant during the year covered by the permit.	42965

Sec. 4303.021.  Permit A-1-A may be issued to the holder of	42966
an A-1 or A-2 permit to sell beer and any intoxicating liquor at	42967
retail, only by the individual drink in glass or from a container,	42968
provided such A-1-A permit premises are situated on the same	42969
parcel or tract of land as the related A-1 or A-2 manufacturing	42970
permit premises or are separated therefrom only by public streets	42971
or highways or by other lands owned by the holder of the A-1 or	42972
A-2 permit and used by the holder in connection with or in	42973
promotion of the holder's A-1 or A-2 permit business. The fee for	42974
this permit is three thousand onenine hundred twenty-fivesix	42975
dollars. The holder of an A-1-A permit may sell beer and any	42976
intoxicating liquor during the same hours as the holders of D-5	42977
permits under this chapter or Chapter 4301. of the Revised Code or	42978
the rules of the liquor control commission and shall obtain a	42979
license as a retail food establishment or a food service operation	42980
pursuant to Chapter 3717. of the Revised Code and operate as a	42981
restaurant for purposes of this chapter.	42982

Except as otherwise provided in this section, no new A-1-A	42983
permit shall be issued to the holder of an A-1 or A-2 permit	42984
unless the sale of beer and intoxicating liquor under class D	42985
permits is permitted in the precinct in which the A-1 or A-2	42986
permit is located and, in the case of an A-2 permit, unless the	42987
holder of the A-2 permit manufactures or has a storage capacity of	42988
at least twenty-five thousand gallons of wine per year. The	42989
immediately preceding sentence does not prohibit the issuance of	42990
an A-1-A permit to an applicant for such a permit who is the	42991
holder of an A-1 permit and whose application was filed with the	42992
division of liquor control before June 1, 1994. The liquor control	42993
commission shall not restrict the number of A-1-A permits which	42994
may be located within a precinct.	42995

Sec. 4303.03.  Permit A-2 may be issued to a manufacturer to	42996
manufacture wine from grapes or other fruits grown in the state,	42997
if obtainable, otherwise to import such fruits after submitting an	42998
affidavit of nonavailability to the division of liquor control; to	42999
import and purchase wine in bond for blending purposes, the total	43000
amount of wine so imported during the year covered by the permit	43001
not to exceed forty per cent of all the wine manufactured and	43002
imported; to manufacture, purchase, and import brandy for	43003
fortifying purposes; and to sell such products either in glass or	43004
container for consumption on the premises where manufactured, for	43005
home use, and to retail and wholesale permit holders under such	43006
rules as are adopted by the division.	43007

The fee for this permit is sixty-threeone hundred twenty-six	43008
dollars for each plant producing one hundred wine barrels, of	43009
fifty gallons each, or less annually. SuchThis initial fee shall	43010
be increased at the rate of ten cents per such barrel for all wine	43011
manufactured in excess of one hundred barrels during the year	43012
covered by the permit.	43013

Sec. 4303.04.  Permit A-3 may be issued to a manufacturer to	43014
manufacture alcohol and spirituous liquor and sell such products	43015
to the division of liquor control or to the holders of a like	43016
permit or to the holders of A-4 permits for blending or	43017
manufacturing purposes; to import alcohol into this state upon	43018
such terms as are prescribed by the division; to sell alcohol to	43019
manufacturers, hospitals, infirmaries, medical or educational	43020
institutions using it for medicinal, mechanical, chemical, or	43021
scientific purposes, and to holders of I permits; to import into	43022
this state spirituous liquor and wine for blending or other	43023
manufacturing purposes; and to export spirituous liquor from this	43024
state for sale outside the state.	43025

The fee for this permit is three thousand onenine hundred	43026
twenty-fivesix dollars for each plant; but, if a plant's	43027
production capacity is less than five hundred wine barrels of	43028
fifty gallons each, annually, the fee is two dollars per barrel.	43029

Sec. 4303.05.  Permit A-4 may be issued to a manufacturer to	43030
manufacture prepared highballs, cocktails, cordials, and other	43031
mixed drinks containing not less than four per cent of alcohol by	43032
volume and not more than twenty-one per cent of alcohol by volume,	43033
and to sell such products to wholesale and retail permit holders	43034
in sealed containers only under such rules as are adopted by the	43035
division of liquor control. The holder of such permit may import	43036
into the state spirituous liquor and wine only for blending or	43037
other manufacturing purposes under such rules as are prescribed by	43038
the division.	43039

The holder of such permit may also purchase spirituous liquor	43040
for manufacturing and blending purposes from the holder of an A-3	43041
permit issued by the division. The formulas and the beverages	43042
manufactured by the holder of an A-4 permit mustshall be	43043
submitted to the division for its analysis and approval before	43044
suchthe beverages may be sold to or distributed in this state by	43045
holders of retail and wholesale permits. All labels and	43046
advertising matter used by the holders of suchA-4 permits must	43047
shall be approved by the division before they may be used in this	43048
state. The fee for thisan A-4 permit is three thousand onenine	43049
hundred twenty-fivesix dollars for each plant.	43050

Sec. 4303.06.  Permit B-1 may be issued to a wholesale	43051
distributor of beer to purchase from the holders of A-1 permits	43052
and to import and distribute or sell beer for home use and to	43053
retail permit holders under rules adopted by the division of	43054
liquor control. The fee for this permit is twothree thousand five	43055
one hundred twenty-five dollars for each distributing plant or	43056
warehouse during the year covered by the permit.	43057

Sec. 4303.07.  Permit B-2 may be issued to a wholesale	43058
distributor of wine to purchase from holders of A-2 and B-5	43059
permits and distribute or sell such product, in the original	43060
container in which it was placed by the B-5 permit holder or	43061
manufacturer at the place where manufactured, to A-1-A, C-2, D-2,	43062
D-3, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g,	43063
D-5h, D-5i, D-5j, D-5k, and E permit holders, and for home use.	43064
The fee for this permit is twofive hundred fifty dollars for each	43065
distributing plant or warehouse. The initial fee shall be	43066
increased ten cents per wine barrel of fifty gallons for all wine	43067
distributed and sold in this state in excess of twelve hundred	43068
fifty such barrels during the year covered by the permit.	43069

Sec. 4303.08.  Permit B-3 may be issued to a wholesale	43070
distributor of wine to bottle, distribute, or sell sacramental	43071
wine for religious rites upon an application signed, dated, and	43072
approved as required by section 4301.23 of the Revised Code. The	43073
fee for this permit is sixty-twoone hundred twenty-four dollars.	43074

Sec. 4303.09.  Permit B-4 may be issued to a wholesale	43075
distributor to purchase from the holders of A-4 permits and to	43076
import, distribute, and sell prepared and bottled highballs,	43077
cocktails, cordials, and other mixed beverages containing not less	43078
than four per cent of alcohol by volume and not more than	43079
twenty-one per cent of alcohol by volume to retail permit holders,	43080
and for home use, under such rules as are adopted by the division	43081
of liquor control. The formula and samples of all such beverages	43082
to be handled by the permit holder mustshall be submitted to the	43083
division for analysis and the approval of the division before such	43084
beverages may be sold and distributed in this state. All labels	43085
and advertising matter used by the holders of such permits must	43086
this permit shall be approved by the division before they may be	43087
used in this state. The fee for this permit shall be computed on	43088
the basis of annual sales, and the initial fee is twofive hundred	43089
fifty dollars for each distributing plant or warehouse. SuchThe	43090
initial fee shall be increased at the rate of ten cents per wine	43091
barrel of fifty gallons for all such beverages distributed and	43092
sold in this state in excess of one thousand such barrels during	43093
the year covered by the permit.	43094

Sec. 4303.10.  Permit B-5 may be issued to a wholesale	43095
distributor of wine to purchase wine from the holders of A-2	43096
permits, to purchase and import wine in bond or otherwise, in bulk	43097
or in containers of any size, and to bottle wine for distribution	43098
and sale to holders of A-1-A, B-2, B-3, B-5, C-2, D-2, D-3, D-4,	43099
D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i,	43100
D-5j, D-5k, and E permits and for home use in sealed containers.	43101
No wine shall be bottled by a B-5 permit holder in containers	43102
supplied by any person who intends the wine for home use. The fee	43103
for this permit is one thousand twofive hundred fiftysixty-three	43104
dollars.	43105

Sec. 4303.11.  Permit C-1 may be issued to the owner or	43106
operator of a retail store to sell beer in containers and not for	43107
consumption on the premises where sold in original containers	43108
having a capacity of not more than five and one-sixth gallons. The	43109
fee for this permit is onetwo hundred twenty-sixfifty-two	43110
dollars for each location.	43111

Sec. 4303.12.  Permit C-2 may be issued to the owner or	43112
operator of a retail store to sell wine in sealed containers only	43113
and not for consumption on the premises where sold in original	43114
containers. The holder of suchthis permit may also sell and	43115
distribute in original packages and not for consumption on the	43116
premises where sold or for resale, prepared and bottled highballs,	43117
cocktails, cordials, and other mixed beverages manufactured and	43118
distributed by holders of A-4 and B-4 permits, and containing not	43119
less than four per cent of alcohol by volume, and not more than	43120
twenty-one per cent of alcohol by volume. The fee for this permit	43121
is onethree hundred eighty-eightseventy-six dollars for each	43122
location.	43123

Sec. 4303.121.  Effective October 1, 1982, permit C-2x shall	43124
be issued to the holder of a C-2 permit who does not also hold a	43125
C-1 permit, to sell beer only not for consumption on the premises	43126
where sold, in original containers having a capacity of not more	43127
than five and one-sixth gallons. Applicants for a C-2 permit as of	43128
October 1, 1982 shall be issued a C-2x permit subject to the	43129
restrictions for the issuance of the C-2 permit. The fee for a	43130
C-2x permit is onetwo hundred twenty-sixfifty-two dollars.	43131

Sec. 4303.13.  Permit D-1 may be issued to the owner or	43132
operator of a hotel or, of a retail food establishment or a food	43133
service operation licensed pursuant to Chapter 3717. of the	43134
Revised Code that operates as a restaurant for purposes of this	43135
chapter, or of a club, amusement park, drugstore, lunch stand,	43136
boat, or vessel, and shall be issued to a person described in	43137
division (B) of this section, to sell beer at retail either in	43138
glass or container, for consumption on the premises where sold;	43139
and, except as otherwise provided in division (B) of this section,	43140
to sell beer at retail in other receptacles or in original	43141
containers having a capacity of not more than five and one-sixth	43142
gallons not for consumption on the premises where sold. The fee	43143
for this permit is onethree hundred eighty-eightseventy-six	43144
dollars for each location, boat, or vessel.	43145

Sec. 4303.14.  Permit D-2 may be issued to the owner or	43146
operator of a hotel or, of a retail food establishment or a food	43147
service operation licensed pursuant to Chapter 3717. of the	43148
Revised Code that operates as a restaurant for purposes of this	43149
chapter, or of a club, boat, or vessel, to sell wine and prepared	43150
and bottled cocktails, cordials, and other mixed beverages	43151
manufactured and distributed by holders of A-4 and B-4 permits at	43152
retail, either in glass or container, for consumption on the	43153
premises where sold. The holder of suchthis permit may also sell	43154
wine and prepared and bottled cocktails, cordials, and other mixed	43155
beverages in original packages and not for consumption on the	43156
premises where sold or for resale. The fee for this permit is two	43157
five hundred eighty-twosixty-four dollars for each location,	43158
boat, or vessel.	43159

Sec. 4303.141.  Effective October 1, 1982, permit D-2x shall	43160
be issued to the holder of a D-2 permit who does not also hold a	43161
D-1 permit, to sell beer at retail either in glass or container	43162
for consumption on the premises where sold and to sell beer at	43163
retail in other receptacles or original containers having a	43164
capacity of not more than five and one-sixth gallons not for	43165
consumption on the premises where sold. Applicants for a D-2	43166
permit as of October 1, 1982, shall be issued a D-2x permit	43167
subject to the quota restrictions for the issuance of the D-2	43168
permit. The fee for a D-2x permit is onethree hundred	43169
eighty-eightseventy-six dollars.	43170

Sec. 4303.15.  Permit D-3 may be issued to the owner or	43171
operator of a hotel or, of a retail food establishment or a food	43172
service operation licensed pursuant to Chapter 3717. of the	43173
Revised Code that operates as a restaurant for purposes of this	43174
chapter, or of a club, boat, or vessel, to sell spirituous liquor	43175
at retail, only by the individual drink in glass or from the	43176
container, for consumption on the premises where sold. No sales of	43177
intoxicating liquor shall be made by a holder of a D-3 permit	43178
after one a.m. The fee for this permit is sixseven hundred fifty	43179
dollars for each location, boat, or vessel.	43180

Sec. 4303.151.  On October 1, 1982, permit D-3x shall be	43181
issued to the holder of a D-3 permit, to sell wine by the	43182
individual drink in glass or from the container, for consumption	43183
on the premises where sold. Applications for a D-3 permit on	43184
October 1, 1982, may be issued a D-3x permit subject to the quota	43185
restrictions for the issuance of a D-3 permit. The fee for a D-3x	43186
permit is onethree hundred fifty dollars.	43187

Sec. 4303.16.  Permit D-3a may be issued to the holder of a	43188
D-3 permit whenever histhe holder's place of business is operated	43189
after one a.m. and spirituous liquor is sold or consumed after	43190
suchthat hour. The holder of such permit may sell spirituous	43191
liquor during the same hours as the holders of D-5 permits under	43192
this chapter and Chapter 4301. of the Revised Code or the rules of	43193
the liquor control commission. The fee for a D-3a permit is seven	43194
nine hundred fiftythirty-eight dollars in addition to the fee	43195
required for a D-3 permit.	43196

If the holder of a D-3a permit is also the holder of a D-1	43197
permit, hethe holder may sell beer after one a.m. and during the	43198
same hours as the holder of a D-5 permit. If the holder of a D-3a	43199
permit is also the holder of a D-2 permit, hethe holder may sell	43200
intoxicating liquor after one a.m. and during the same hours as	43201
the holder of a D-5 permit. The holder of a D-3a permit may	43202
furnish music and entertainment to histhe holder's patrons,	43203
subject to the same rules as govern D-5 permit holders.	43204

Sec. 4303.17.  Permit D-4 may be issued to a club whichthat	43205
has been in existence for three years or more prior to the	43206
issuance of suchthe permit to sell beer and any intoxicating	43207
liquor to its members only, in glass or container, for consumption	43208
on the premises where sold. The fee for this permit is threefour	43209
hundred seventy-fivesixty-nine dollars. No such permit shall be	43210
granted or retained until all elected officers of such	43211
organization controlling such club have filed with the division of	43212
liquor control a statement certifying that such club is operated	43213
in the interest of the membership of a reputable organization,	43214
which is maintained by a dues paying membership, setting forth the	43215
amount of initiation fee and yearly dues. All such matters shall	43216
be contained in a statement signed under oath and accompanied by a	43217
surety bond in the sum of one thousand dollars. Such bond shall be	43218
declared forfeited in the full amount of the penal sum of the bond	43219
for any false statement contained in such certificate and the	43220
surety shall pay the amount of the bond to the division. The	43221
roster of membership of a D-4 permit holder shall be submitted	43222
under oath on the request of the superintendent of liquor control.	43223
Any information acquired by the superintendent or the division	43224
with respect to such membership shall not be open to public	43225
inspection or examination and may be divulged by the	43226
superintendent and the division only in hearings before the liquor	43227
control commission or in a court action in which the division or	43228
the superintendent is named a party.	43229

The requirement that a club shall have been in existence for	43230
three years in order to qualify for a D-4 permit does not apply to	43231
units of organizations chartered by congress or to a subsidiary	43232
unit of a national fraternal organization if the parent	43233
organization has been in existence for three years or more at the	43234
time application for a permit is made by such unit.	43235

No rule or order of the division or commission shall prohibit	43236
a charitable organization that holds a D-4 permit from selling or	43237
serving beer or intoxicating liquor under its permit in a portion	43238
of its premises merely because that portion of its premises is	43239
used at other times for the conduct of a charitable bingo game as	43240
described in division (S) of section 2915.01 of the Revised Code.	43241
However, such an organization shall not sell or serve beer or	43242
intoxicating liquor or permit beer or intoxicating liquor to be	43243
consumed or seen in the same location in its premises where a	43244
charitable bingo game, as described in division (S)(1) of section	43245
2915.01 of the Revised Code, is being conducted while the game is	43246
being conducted. As used in this section, "charitable	43247
organization" has the same meaning as in division (H) of section	43248
2915.01 and "charitable bingo game" has the same meaning as in	43249
division (R) of section 2915.01 of the Revised Code.	43250

Sec. 4303.171.  Permit D-4a may be issued to an airline	43251
company whichthat leases and operates a premises exclusively for	43252
the benefit of the members and their guests of a private club	43253
sponsored by the airline company, at a publicly owned airport, as	43254
defined in section 4563.01 of the Revised Code, at which	43255
commercial airline companies operate regularly scheduled flights	43256
on which space is available to the public, to sell beer and any	43257
intoxicating liquor to members of the private club and their	43258
guests, only by the individual drink in glass and from the	43259
container, for consumption on the premises where sold. In addition	43260
to the privileges authorized in this section, the holder of a D-4a	43261
permit may exercise the same privileges as a holder of a D-4	43262
permit. The holder of a D-4a permit shall make no sales of beer or	43263
intoxicating liquor after two-thirty a.m.	43264

A D-4a permit shall not be transferred to another location.	43265
No quota restriction shall be placed upon the number of such	43266
permits which may be issued.	43267

The fee for this permit is sixseven hundred fifty dollars.

43268

Sec. 4303.18.  Permit D-5 may be issued to the owner or	43269
operator of a retail food establishment or a food service	43270
operation licensed pursuant to Chapter 3717. of the Revised Code	43271
that operates as a restaurant or night club for purposes of this	43272
chapter, to sell beer and any intoxicating liquor at retail, only	43273
by the individual drink in glass and from the container, for	43274
consumption on the premises where sold, and to sell the same	43275
products in the same manner and amounts not for consumption on the	43276
premises as may be sold by holders of D-1 and D-2 permits. A	43277
person who is the holder of both a D-3 and D-3a permit need not	43278
obtain a D-5 permit. The fee for this permit is onetwo thousand	43279
eightthree hundred seventy-fiveforty-four dollars.	43280

Sec. 4303.181.  (A) Permit D-5a may be issued either to the	43281
owner or operator of a hotel or motel that is required to be	43282
licensed under section 3731.03 of the Revised Code, that contains	43283
at least fifty rooms for registered transient guests, and that	43284
qualifies under the other requirements of this section, or to the	43285
owner or operator of a restaurant specified under this section, to	43286
sell beer and any intoxicating liquor at retail, only by the	43287
individual drink in glass and from the container, for consumption	43288
on the premises where sold, and to registered guests in their	43289
rooms, which may be sold by means of a controlled access alcohol	43290
and beverage cabinet in accordance with division (B) of section	43291
4301.21 of the Revised Code; and to sell the same products in the	43292
same manner and amounts not for consumption on the premises as may	43293
be sold by holders of D-1 and D-2 permits. The premises of the	43294
hotel or motel shall include a retail food establishment or a food	43295
service operation licensed pursuant to Chapter 3717. of the	43296
Revised Code that operates as a restaurant for purposes of this	43297
chapter and that is affiliated with the hotel or motel and within	43298
or contiguous to the hotel or motel, and that serves food within	43299
the hotel or motel, but the principal business of the owner or	43300
operator of the hotel or motel shall be the accommodation of	43301
transient guests. In addition to the privileges authorized in this	43302
division, the holder of a D-5a permit may exercise the same	43303
privileges as the holder of a D-5 permit.	43304

The owner or operator of a hotel, motel, or restaurant who	43305
qualified for and held a D-5a permit on August 4, 1976, may, if	43306
the owner or operator held another permit before holding a D-5a	43307
permit, either retain a D-5a permit or apply for the permit	43308
formerly held, and the division of liquor control shall issue the	43309
permit for which the owner or operator applies and formerly held,	43310
notwithstanding any quota.	43311

A D-5a permit shall not be transferred to another location.	43312
No quota restriction shall be placed on the number of such permits	43313
that may be issued.	43314

The fee for this permit is onetwo thousand eightthree	43315
hundred seventy-fiveforty-four dollars.	43316

(B) Permit D-5b may be issued to the owner, operator, tenant,	43317
lessee, or occupant of an enclosed shopping center to sell beer	43318
and intoxicating liquor at retail, only by the individual drink in	43319
glass and from the container, for consumption on the premises	43320
where sold; and to sell the same products in the same manner and	43321
amount not for consumption on the premises as may be sold by	43322
holders of D-1 and D-2 permits. In addition to the privileges	43323
authorized in this division, the holder of a D-5b permit may	43324
exercise the same privileges as a holder of a D-5 permit.	43325

A D-5b permit shall not be transferred to another location.

43326

One D-5b permit may be issued at an enclosed shopping center	43327
containing at least two hundred twenty-five thousand, but less	43328
than four hundred thousand, square feet of floor area.	43329

Two D-5b permits may be issued at an enclosed shopping center	43330
containing at least four hundred thousand square feet of floor	43331
area. No more than one D-5b permit may be issued at an enclosed	43332
shopping center for each additional two hundred thousand square	43333
feet of floor area or fraction of that floor area, up to a maximum	43334
of five D-5b permits for each enclosed shopping center. The number	43335
of D-5b permits that may be issued at an enclosed shopping center	43336
shall be determined by subtracting the number of D-3 and D-5	43337
permits issued in the enclosed shopping center from the number of	43338
D-5b permits that otherwise may be issued at the enclosed shopping	43339
center under the formulas provided in this division. Except as	43340
provided in this section, no quota shall be placed on the number	43341
of D-5b permits that may be issued. Notwithstanding any quota	43342
provided in this section, the holder of any D-5b permit first	43343
issued in accordance with this section is entitled to its renewal	43344
in accordance with section 4303.271 of the Revised Code.	43345

The holder of a D-5b permit issued before April 4, 1984,	43346
whose tenancy is terminated for a cause other than nonpayment of	43347
rent, may return the D-5b permit to the division of liquor	43348
control, and the division shall cancel that permit. Upon	43349
cancellation of that permit and upon the permit holder's payment	43350
of taxes, contributions, premiums, assessments, and other debts	43351
owing or accrued upon the date of cancellation to this state and	43352
its political subdivisions and a filing with the division of a	43353
certification of that payment, the division shall issue to that	43354
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	43355
that person requests. The division shall issue the D-5 permit, or	43356
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	43357
D-3, or D-5 permits currently issued in the municipal corporation	43358
or in the unincorporated area of the township where that person's	43359
proposed premises is located equals or exceeds the maximum number	43360
of such permits that can be issued in that municipal corporation	43361
or in the unincorporated area of that township under the	43362
population quota restrictions contained in section 4303.29 of the	43363
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not	43364
be transferred to another location. If a D-5b permit is canceled	43365
under the provisions of this paragraph, the number of D-5b permits	43366
that may be issued at the enclosed shopping center for which the	43367
D-5b permit was issued, under the formula provided in this	43368
division, shall be reduced by one if the enclosed shopping center	43369
was entitled to more than one D-5b permit under the formula.	43370

The fee for this permit is onetwo thousand eightthree	43371
hundred seventy-fiveforty-four dollars.	43372

(C) Permit D-5c may be issued to the owner or operator of a	43373
retail food establishment or a food service operation licensed	43374
pursuant to Chapter 3717. of the Revised Code that operates as a	43375
restaurant for purposes of this chapter and that qualifies under	43376
the other requirements of this section to sell beer and any	43377
intoxicating liquor at retail, only by the individual drink in	43378
glass and from the container, for consumption on the premises	43379
where sold, and to sell the same products in the same manner and	43380
amounts not for consumption on the premises as may be sold by	43381
holders of D-1 and D-2 permits. In addition to the privileges	43382
authorized in this division, the holder of a D-5c permit may	43383
exercise the same privileges as the holder of a D-5 permit.	43384

To qualify for a D-5c permit, the owner or operator of a	43385
retail food establishment or a food service operation licensed	43386
pursuant to Chapter 3717. of the Revised Code that operates as a	43387
restaurant for purposes of this chapter, shall have operated the	43388
restaurant at the proposed premises for not less than twenty-four	43389
consecutive months immediately preceding the filing of the	43390
application for the permit, have applied for a D-5 permit no later	43391
than December 31, 1988, and appear on the division's quota waiting	43392
list for not less than six months immediately preceding the filing	43393
of the application for the permit. In addition to these	43394
requirements, the proposed D-5c permit premises shall be located	43395
within a municipal corporation and further within an election	43396
precinct that, at the time of the application, has no more than	43397
twenty-five per cent of its total land area zoned for residential	43398
use.	43399

A D-5c permit shall not be transferred to another location.	43400
No quota restriction shall be placed on the number of such permits	43401
that may be issued.	43402

Any person who has held a D-5c permit for at least two years	43403
may apply for a D-5 permit, and the division of liquor control	43404
shall issue the D-5 permit notwithstanding the quota restrictions	43405
contained in section 4303.29 of the Revised Code or in any rule of	43406
the liquor control commission.	43407

The fee for this permit is one thousand twofive hundred	43408
fiftysixty-three dollars.	43409

(D) Permit D-5d may be issued to the owner or operator of a	43410
retail food establishment or a food service operation licensed	43411
pursuant to Chapter 3717. of the Revised Code that operates as a	43412
restaurant for purposes of this chapter and that is located at an	43413
airport operated by a board of county commissioners pursuant to	43414
section 307.20 of the Revised Code, at an airport operated by a	43415
port authority pursuant to Chapter 4582. of the Revised Code, or	43416
at an airport operated by a regional airport authority pursuant to	43417
Chapter 308. of the Revised Code. The holder of a D-5d permit may	43418
sell beer and any intoxicating liquor at retail, only by the	43419
individual drink in glass and from the container, for consumption	43420
on the premises where sold, and may sell the same products in the	43421
same manner and amounts not for consumption on the premises where	43422
sold as may be sold by the holders of D-1 and D-2 permits. In	43423
addition to the privileges authorized in this division, the holder	43424
of a D-5d permit may exercise the same privileges as the holder of	43425
a D-5 permit.	43426

A D-5d permit shall not be transferred to another location.	43427
No quota restrictions shall be placed on the number of such	43428
permits that may be issued.	43429

The fee for this permit is onetwo thousand eightthree	43430
hundred seventy-fiveforty-four dollars.	43431

(E) Permit D-5e may be issued to any nonprofit organization	43432
that is exempt from federal income taxation under the "Internal	43433
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	43434
amended, or that is a charitable organization under any chapter of	43435
the Revised Code, and that owns or operates a riverboat that meets	43436
all of the following:	43437

(1) Is permanently docked at one location;

43438

(2) Is designated as an historical riverboat by the Ohio	43439
historical society;	43440

(3) Contains not less than fifteen hundred square feet of	43441
floor area;	43442

(4) Has a seating capacity of fifty or more persons.

43443

The holder of a D-5e permit may sell beer and intoxicating	43444
liquor at retail, only by the individual drink in glass and from	43445
the container, for consumption on the premises where sold.	43446

A D-5e permit shall not be transferred to another location.	43447
No quota restriction shall be placed on the number of such permits	43448
that may be issued. The population quota restrictions contained in	43449
section 4303.29 of the Revised Code or in any rule of the liquor	43450
control commission shall not apply to this division, and the	43451
division shall issue a D-5e permit to any applicant who meets the	43452
requirements of this division. However, the division shall not	43453
issue a D-5e permit if the permit premises or proposed permit	43454
premises are located within an area in which the sale of	43455
spirituous liquor by the glass is prohibited.	43456

The fee for this permit is nineone thousand two hundred	43457
seventy-fivenineteen dollars.	43458

(F) Permit D-5f may be issued to the owner or operator of a	43459
retail food establishment or a food service operation licensed	43460
under Chapter 3717. of the Revised Code that operates as a	43461
restaurant for purposes of this chapter and that meets all of the	43462
following:	43463

(1) It contains not less than twenty-five hundred square feet	43464
of floor area.	43465

(2) It is located on or in, or immediately adjacent to, the	43466
shoreline of, a navigable river.	43467

(3) It provides docking space for twenty-five boats.

43468

(4) It provides entertainment and recreation, provided that	43469
not less than fifty per cent of the business on the permit	43470
premises shall be preparing and serving meals for a consideration.	43471

In addition, each application for a D-5f permit shall be	43472
accompanied by a certification from the local legislative	43473
authority that the issuance of the D-5f permit is not inconsistent	43474
with that political subdivision's comprehensive development plan	43475
or other economic development goal as officially established by	43476
the local legislative authority.	43477

The holder of a D-5f permit may sell beer and intoxicating	43478
liquor at retail, only by the individual drink in glass and from	43479
the container, for consumption on the premises where sold.	43480

A D-5f permit shall not be transferred to another location.

43481

The division of liquor control shall not issue a D-5f permit	43482
if the permit premises or proposed permit premises are located	43483
within an area in which the sale of spirituous liquor by the glass	43484
is prohibited.	43485

A fee for this permit is onetwo thousand eightthree hundred	43486
seventy-fiveforty-four dollars.	43487

As used in this division, "navigable river" means a river	43488
that is also a "navigable water" as defined in the "Federal Power	43489
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	43490

(G) Permit D-5g may be issued to a nonprofit corporation that	43491
is either the owner or the operator of a national professional	43492
sports museum. The holder of a D-5g permit may sell beer and any	43493
intoxicating liquor at retail, only by the individual drink in	43494
glass and from the container, for consumption on the premises	43495
where sold. The holder of a D-5g permit shall sell no beer or	43496
intoxicating liquor for consumption on the premises where sold	43497
after one a.m. A D-5g permit shall not be transferred to another	43498
location. No quota restrictions shall be placed on the number of	43499
D-5g permits that may be issued. The fee for this permit is one	43500
thousand fiveeight hundred seventy-five dollars.	43501

(H) Permit D-5h may be issued to any nonprofit organization	43502
that is exempt from federal income taxation under the "Internal	43503
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	43504
amended, that owns or operates a fine arts museum and has no less	43505
than five thousand bona fide members possessing full membership	43506
privileges. The holder of a D-5h permit may sell beer and any	43507
intoxicating liquor at retail, only by the individual drink in	43508
glass and from the container, for consumption on the premises	43509
where sold. The holder of a D-5h permit shall sell no beer or	43510
intoxicating liquor for consumption on the premises where sold	43511
after one a.m. A D-5h permit shall not be transferred to another	43512
location. No quota restrictions shall be placed on the number of	43513
D-5h permits that may be issued. The fee for this permit is one	43514
thousand fiveeight hundred seventy-five dollars.	43515

(I) Permit D-5i may be issued to the owner or operator of a	43516
retail food establishment or a food service operation licensed	43517
under Chapter 3717. of the Revised Code that operates as a	43518
restaurant for purposes of this chapter and that meets all of the	43519
following requirements:	43520

(1) It is located in a municipal corporation or a township	43521
with a population of fifty thousand or less.	43522

(2) It has inside seating capacity for at least one hundred	43523
forty persons.	43524

(3) It has at least four thousand square feet of floor area.

43525

(4) It offers full-course meals, appetizers, and sandwiches.

43526

(5) Its receipts from beer and liquor sales do not exceed	43527
twenty-five per cent of its total gross receipts.	43528

(6) The value of its real and personal property exceeds seven	43529
hundred twenty-five thousand dollars.	43530

The holder of a D-5i permit shall cause an independent audit	43531
to be performed at the end of one full year of operation following	43532
issuance of the permit in order to verify the requirements of	43533
division (I)(5) of this section. The results of the independent	43534
audit shall be transmitted to the division. Upon determining that	43535
the receipts of the holder from beer and liquor sales exceeded	43536
twenty-five per cent of its total gross receipts, the division	43537
shall suspend the permit of the permit holder under section	43538
4301.25 of the Revised Code and may allow the permit holder to	43539
elect a forfeiture under section 4301.252 of the Revised Code.	43540

The holder of a D-5i permit may sell beer and any	43541
intoxicating liquor at retail, only by the individual drink in	43542
glass and from the container, for consumption on the premises	43543
where sold, and may sell the same products in the same manner and	43544
amounts not for consumption on the premises where sold as may be	43545
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	43546
permit shall sell no beer or intoxicating liquor for consumption	43547
on the premises where sold after two-thirty a.m. In addition to	43548
the privileges authorized in this division, the holder of a D-5i	43549
permit may exercise the same privileges as the holder of a D-5	43550
permit.	43551

A D-5i permit shall not be transferred to another location.	43552
The division of liquor control shall not renew a D-5i permit	43553
unless the food service operation for which it is issued continues	43554
to meet the requirements described in divisions (I)(1) to (6) of	43555
this section. No quota restrictions shall be placed on the number	43556
of D-5i permits that may be issued. The fee for this permit is one	43557
two thousand eightthree hundred seventy-fiveforty-four dollars.	43558

(J)(1) Permit D-5j may be issued to the owner or the operator	43559
of a retail food establishment or a food service operation	43560
licensed under Chapter 3717. of the Revised Code to sell beer and	43561
intoxicating liquor at retail, only by the individual drink in	43562
glass and from the container, for consumption on the premises	43563
where sold and to sell beer and intoxicating liquor in the same	43564
manner and amounts not for consumption on the premises where sold	43565
as may be sold by the holders of D-1 and D-2 permits. The holder	43566
of a D-5j permit may exercise the same privileges, and shall	43567
observe the same hours of operation, as the holder of a D-5	43568
permit.	43569

(2) The D-5j permit shall be issued only within a community	43570
entertainment district that is designated under section 4301.80 of	43571
the Revised Code and that is located in a municipal corporation	43572
with a population of at least one hundred thousand.	43573

(3) The location of a D-5j permit may be transferred only	43574
within the geographic boundaries of the community entertainment	43575
district in which it was issued and shall not be transferred	43576
outside the geographic boundaries of that district.	43577

(4) Not more than one D-5j permit shall be issued within each	43578
community entertainment district for each five acres of land	43579
located within the district. Not more than fifteen D-5j permits	43580
may be issued within a single community entertainment district.	43581
Except as otherwise provided in division (J)(4) of this section,	43582
no quota restrictions shall be placed upon the number of D-5j	43583
permits that may be issued.	43584

(5) The fee for a D-5j permit is onetwo thousand eightthree	43585
hundred seventy-fiveforty-four dollars.	43586

(K)(1) Permit D-5k may be issued to any nonprofit	43587
organization that is exempt from federal income taxation under the	43588
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	43589
501(c)(3), as amended, that is the owner or operator of a	43590
botanical garden recognized by the American association of	43591
botanical gardens and arboreta, and that has not less than	43592
twenty-five hundred bona fide members.	43593

(2) The holder of a D-5k permit may sell beer and any	43594
intoxicating liquor at retail, only by the individual drink in	43595
glass and from the container, on the premises where sold.	43596

(3) The holder of a D-5k permit shall sell no beer or	43597
intoxicating liquor for consumption on the premises where sold	43598
after one a.m.	43599

(4) A D-5k permit shall not be transferred to another	43600
location.	43601

(5) No quota restrictions shall be placed on the number of	43602
D-5k permits that may be issued.	43603

(6) The fee for the D-5k permit is one thousand fiveeight	43604
hundred seventy-five dollars.	43605

Sec. 4303.182.  (A) Except as otherwise provided in divisions	43606
(B) to (G) of this section, permit D-6 shall be issued to the	43607
holder of an A-1-A, A-2, C-2, D-2, D-3, D-4, D-4a, D-5, D-5a,	43608
D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, or D-7	43609
permit to allow sale under that permit between the hours of ten	43610
a.m. and midnight, or between the hours of one p.m. and midnight,	43611
on Sunday, as applicable, if that sale has been authorized under	43612
section 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised	43613
Code and under the restrictions of that authorization.	43614

(B) Permit D-6 shall be issued to the holder of any permit,	43615
including a D-4a and D-5d permit, authorizing the sale of	43616
intoxicating liquor issued for a premises located at any publicly	43617
owned airport, as defined in section 4563.01 of the Revised Code,	43618
at which commercial airline companies operate regularly scheduled	43619
flights on which space is available to the public, to allow sale	43620
under such permit between the hours of ten a.m. and midnight on	43621
Sunday, whether or not that sale has been authorized under section	43622
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	43623

(C) Permit D-6 shall be issued to the holder of a D-5a	43624
permit, and to the holder of a D-3 or D-3a permit who is the owner	43625
or operator of a hotel or motel that is required to be licensed	43626
under section 3731.03 of the Revised Code, that contains at least	43627
fifty rooms for registered transient guests, and that has on its	43628
premises a retail food establishment or a food service operation	43629
licensed pursuant to Chapter 3717. of the Revised Code that	43630
operates as a restaurant for purposes of this chapter and is	43631
affiliated with the hotel or motel and within or contiguous to the	43632
hotel or motel and serving food within the hotel or motel, to	43633
allow sale under such permit between the hours of ten a.m. and	43634
midnight on Sunday, whether or not that sale has been authorized	43635
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	43636
Revised Code.	43637

(D) The holder of a D-6 permit that is issued to a sports	43638
facility may make sales under the permit between the hours of	43639
eleven a.m. and midnight on any Sunday on which a professional	43640
baseball, basketball, football, hockey, or soccer game is being	43641
played at the sports facility. As used in this division, "sports	43642
facility" means a stadium or arena that has a seating capacity of	43643
at least four thousand and that is owned or leased by a	43644
professional baseball, basketball, football, hockey, or soccer	43645
franchise or any combination of those franchises.	43646

(E) Permit D-6 shall be issued to the holder of any permit	43647
that authorizes the sale of beer or intoxicating liquor and that	43648
is issued to a premises located in or at the Ohio historical	43649
society area or the state fairgrounds, as defined in division (B)	43650
of section 4301.40 of the Revised Code, to allow sale under that	43651
permit between the hours of ten a.m. and midnight on Sunday,	43652
whether or not that sale has been authorized under section	43653
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	43654

(F) Permit D-6 shall be issued to the holder of any permit	43655
that authorizes the sale of intoxicating liquor and that is issued	43656
to an outdoor performing arts center to allow sale under that	43657
permit between the hours of one p.m. and midnight on Sunday,	43658
whether or not that sale has been authorized under section	43659
4301.361 of the Revised Code. A D-6 permit issued under this	43660
division is subject to the results of an election, held after the	43661
D-6 permit is issued, on question (B)(4) as set forth in section	43662
4301.351 of the Revised Code. Following the end of the period	43663
during which an election may be held on question (B)(4) as set	43664
forth in that section, sales of intoxicating liquor may continue	43665
at an outdoor performing arts center under a D-6 permit issued	43666
under this division, unless an election on that question is held	43667
during the permitted period and a majority of the voters voting in	43668
the precinct on that question vote "no."	43669

As used in this division, "outdoor performing arts center"	43670
means an outdoor performing arts center that is located on not	43671
less than eight hundred acres of land and that is open for	43672
performances from the first day of April to the last day of	43673
October of each year.	43674

(G) Permit D-6 shall be issued to the holder of any permit	43675
that authorizes the sale of beer or intoxicating liquor and that	43676
is issued to a golf course owned by the state, a conservancy	43677
district, a park district created under Chapter 1545. of the	43678
Revised Code, or another political subdivision to allow sale under	43679
that permit between the hours of ten a.m. and midnight on Sunday,	43680
whether or not that sale has been authorized under section	43681
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	43682

(H) Permit D-6 shall be issued to the holder of a D-5g permit	43683
to allow sale under that permit between the hours of ten a.m. and	43684
midnight on Sunday, whether or not that sale has been authorized	43685
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	43686
Revised Code.	43687

(I) If the restriction to licensed premises where the sale of	43688
food and other goods and services exceeds fifty per cent of the	43689
total gross receipts of the permit holder at the premises is	43690
applicable, the division of liquor control may accept an affidavit	43691
from the permit holder to show the proportion of the permit	43692
holder's gross receipts derived from the sale of food and other	43693
goods and services. If the liquor control commission determines	43694
that affidavit to have been false, it shall revoke the permits of	43695
the permit holder at the premises concerned.	43696

(I)(J) The fee for the D-6 permit is twofive hundred fifty	43697
dollars when it is issued to the holder of an A-1-A, A-2, D-2,	43698
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f,	43699
D-5g, D-5h, D-5i, D-5j, D-5k, or D-7 permit. The fee for the D-6	43700
permit is twofour hundred dollars when it is issued to the holder	43701
of a C-2 permit.	43702

Sec. 4303.183.  Permit D-7 may be issued to the holder of any	43703
D-2 permit issued by the division of liquor control, or if there	43704
is an insufficient number of D-2 permit holders to fill the resort	43705
quota, to the operator of a retail food establishment or a food	43706
service operation required to be licensed under Chapter 3717. of	43707
the Revised Code that operates as a restaurant for purposes of	43708
this chapter and which qualifies under the other requirements of	43709
this section, to sell beer and any intoxicating liquor at retail,	43710
only by the individual drink in glass and from the container, for	43711
consumption on the premises where sold. Not less than fifty per	43712
cent of the business on the permit premises shall be preparing and	43713
serving meals for a consideration in order to qualify for and	43714
continue to hold such D-7 permit. The permit premises shall be	43715
located in a resort area.	43716

"Resort area" means a municipal corporation, township,	43717
county, or any combination thereof, which provides entertainment,	43718
recreation, and transient housing facilities specifically intended	43719
to provide leisure time activities for persons other than those	43720
whose permanent residence is within the "resort area" and who	43721
increase the population of the "resort area" on a seasonal basis,	43722
and which experiences seasonal peaks of employment and	43723
governmental services as a direct result of population increase	43724
generated by the transient, recreating public. A resort season	43725
shall begin on the first day of May and end on the last day of	43726
October. Notwithstanding section 4303.27 of the Revised Code, such	43727
permits may be issued for resort seasons without regard to the	43728
calendar year or permit year. Quota restrictions on the number of	43729
such permits shall take into consideration the transient	43730
population during the resort season, the custom and habits of	43731
visitors and tourists, and the promotion of the resort and tourist	43732
industry. The fee for this permit is threefour hundred	43733
seventy-fivesixty-nine dollars per month.	43734

Any suspension of a D-7 permit shall be satisfied during the	43735
resort season in which such suspension becomes final. If such	43736
suspension becomes final during the off-season, or if the period	43737
of the suspension extends beyond the last day of October, the	43738
suspension or remainder thereof shall be satisfied during the next	43739
resort season.	43740

The ownership of a D-7 permit may be transferred from one	43741
permit holder to another. The holder of a D-7 permit may file an	43742
application to transfer such permit to a new location within the	43743
same resort area, provided that such permit holder shall be the	43744
owner or operator of a retail food establishment or a food service	43745
operation, required to be licensed under Chapter 3717. of the	43746
Revised Code, that operates as a restaurant for purposes of this	43747
chapter, at such new location.	43748

Sec. 4303.184.  (A) Subject to division (B) of this section,	43749
a D-8 permit may be issued to the holder of a C-1, C-2, or C-2x	43750
permit issued to a retail store that has either of the following	43751
characteristics:	43752

(1) The store has at least five thousand five hundred square	43753
feet of floor area, and it generates more than sixty per cent of	43754
its sales in general merchandise items and food for consumption	43755
off the premises where sold.	43756

(2) Wine constitutes at least sixty per cent of the value of	43757
the store's inventory.	43758

(B) A D-8 permit may be issued to the holder of a C-1, C-2,	43759
or C-2x permit only if the premises of the permit holder are	43760
located in a precinct, or at a particular location in a precinct,	43761
in which the sale of beer, wine, or mixed beverages is permitted	43762
for consumption off the premises where sold. Sales under a D-8	43763
permit are not affected by whether sales for consumption on the	43764
premises where sold are permitted in the precinct or at the	43765
particular location where the D-8 premises are located.	43766

(C) The holder of a D-8 permit may sell tasting samples of	43767
beer, wine, and mixed beverages, but not spirituous liquor, at	43768
retail, for consumption on the premises where sold in an amount	43769
not to exceed two ounces or another amount designated by rule of	43770
the liquor control commission. A tasting sample shall not be sold	43771
for general consumption. No D-8 permit holder shall allow any	43772
authorized purchaser to consume more than four tasting samples of	43773
beer, wine, or mixed beverages, or any combination of beer, wine,	43774
or mixed beverages, per day.	43775

(D) The privileges authorized under a D-8 permit may only be	43776
exercised in conjunction with and during the hours of operation	43777
authorized by a C-1, C-2, C-2x, or D-6 permit.	43778

(E) A D-8 permit shall not be transferred to another	43779
location.	43780

(F) The fee for the D-8 permit is twofive hundred fifty	43781
dollars.	43782

(G) The holder of a D-8 permit shall cause an independent	43783
audit to be performed at the end of the first full year of	43784
operation following issuance of the permit, and at the end of each	43785
second year thereafter, in order to verify that the permit holder	43786
satisfies the applicable requirement of division (A)(1) or (2) of	43787
this section. The permit holder shall transmit the results of the	43788
independent audit to the division of liquor control. If the	43789
results of the audit indicate noncompliance with division (A) of	43790
this section, the division shall not renew the D-8 permit of the	43791
permit holder.	43792

Sec. 4303.19.  Permit E may be issued to the owner or	43793
operator of any railroad, a sleeping car company operating dining	43794
cars, buffet cars, club cars, lounge cars, or similar equipment,	43795
or an airline providing charter or regularly scheduled aircraft	43796
transportation service with dining, buffet, club, lounge, or	43797
similar facilities, to sell beer or any intoxicating liquor in any	43798
such car or aircraft to bona fide passengers at retail in glass	43799
and from the container for consumption in such car or aircraft,	43800
including sale on Sunday between the hours of one p.m. and	43801
midnight. The fee for this permit is twofive hundred fifty	43802
dollars.	43803

Sec. 4303.20.  Permit F may be issued to an association of	43804
ten or more persons, a labor union, or a charitable organization,	43805
or to an employer of ten or more persons sponsoring a function for	43806
histhe employer's employees, to purchase from the holders of A-1	43807
and B-1 permits and to sell beer for a period lasting not to	43808
exceed five days. No more than two such permits may be issued to	43809
the same applicant in any thirty-day period.	43810

The special function for which suchthe permit is issued	43811
shall include a social, recreational, benevolent, charitable,	43812
fraternal, political, patriotic, or athletic purpose but shall not	43813
include any function the proceeds of which are for the profit or	43814
gain of any individual. The fee for this permit is twentyforty	43815
dollars.	43816

Sec. 4303.201.  (A) As used in this section:

43817

(1) "Convention facility" means any structure owned or leased	43818
by a municipal corporation or county which was expressly designed	43819
and constructed and is currently used for the purpose of	43820
presenting conventions, public meetings, and exhibitions.	43821

(2) "Nonprofit organization" means any unincorporated	43822
association or nonprofit corporation that is not formed for the	43823
pecuniary gain or profit of, and whose net earnings or any part	43824
thereof is not distributable to, its members, trustees, officers,	43825
or other private persons; provided, that the payment of reasonable	43826
compensation for services rendered and the distribution of assets	43827
on dissolution shall not be considered pecuniary gain or profit or	43828
distribution of earnings in an association or corporation all of	43829
whose members are nonprofit corporations. Distribution of earnings	43830
to member organizations does not deprive it of the status of a	43831
nonprofit organization.	43832

(B) An F-1 permit may be issued to any nonprofit organization	43833
to allow the nonprofit organization and its members and their	43834
guests to lawfully bring beer, wine, and intoxicating liquor in	43835
its original package, flasks, or other containers into a	43836
convention facility for consumption therein, if both of the	43837
following requirements are met:	43838

(1) The superintendent of liquor control is satisfied the	43839
organization meets the definition of a nonprofit organization as	43840
set forth in division (A)(2) of this section, the nonprofit	43841
organization's membership includes persons residing in two or more	43842
states, and the organization's total membership is in excess of	43843
five hundred. The superintendent may accept a sworn statement by	43844
the president or other chief executive officer of the nonprofit	43845
organization as proof of the matters required in this division.	43846

(2) The managing official or employee of the convention	43847
facility has given written consent to the use of the convention	43848
facility and to the application for the F-1 permit, as shown in	43849
the nonprofit organization's application to the superintendent.	43850

(C) The superintendent shall specify individually the	43851
effective period of each F-1 permit on the permit, which shall not	43852
exceed three days. The fee for an F-1 permit is onetwo hundred	43853
twenty-fivefifty dollars. The superintendent shall prepare and	43854
make available application forms to request F-1 permits and may	43855
require applicants to furnish such information as the	43856
superintendent determines to be necessary for the administration	43857
of this section.	43858

(D) No holder of an F-1 permit shall make a specific charge	43859
for beer, wine, or intoxicating liquor by the drink, or in its	43860
original package, flasks, or other containers in connection with	43861
its use of the convention facility under the permit.	43862

Sec. 4303.202.  (A) The division of liquor control may issue	43863
an F-2 permit to an association or corporation, or to a recognized	43864
subordinate lodge, chapter, or other local unit of an association	43865
or corporation, to sell beer or intoxicating liquor by the	43866
individual drink at an event to be held on premises located in a	43867
political subdivision or part thereof where the sale of beer or	43868
intoxicating liquor on that day is otherwise permitted by law.	43869

The division of liquor control may issue an F-2 permit to an	43870
association or corporation, or to a recognized subordinate lodge,	43871
chapter, or other local unit of an association or corporation, to	43872
sell beer, wine, and spirituous liquor by the individual drink at	43873
an event to be held on premises located in a political subdivision	43874
or part thereof where the sale of beer and wine, but not	43875
spirituous liquor, is otherwise permitted by law on that day.	43876

Notwithstanding section 1711.09 of the Revised Code, this	43877
section applies to any association or corporation or a recognized	43878
subordinate lodge, chapter, or other local unit of an association	43879
or corporation.	43880

In order to receive an F-2 permit, the association,	43881
corporation, or local unit shall be organized not for profit,	43882
shall be operated for a charitable, cultural, fraternal, or	43883
educational purpose, and shall not be affiliated with the holder	43884
of any class of liquor permit, other than a D-4 permit.	43885

The premises on which the permit is to be used shall be	43886
clearly defined and sufficiently restricted to allow proper	43887
supervision of the permit use by state and local law enforcement	43888
personnel. An F-2 permit may be issued for the same premises for	43889
which another class of permit is issued.	43890

No F-2 permit shall be effective for more than forty-eight	43891
consecutive hours, and sales shall be confined to the same hours	43892
permitted to the holder of a D-3 permit. The division shall not	43893
issue more than two F-2 permits in one calendar year to the same	43894
association, corporation, or local unit of an association or	43895
corporation. The fee for an F-2 permit is seventy-fiveone hundred	43896
fifty dollars.	43897

If an applicant wishes the holder of a D-3, D-4, or D-5	43898
permit to conduct the sale of beer and intoxicating liquor at the	43899
event, the applicant may request that the F-2 permit be issued	43900
jointly to the association, corporation, or local unit and the	43901
D-permit holder. If a permit is issued jointly, the association,	43902
corporation, or local unit and the D-permit holder shall both be	43903
held responsible for any conduct that violates laws pertaining to	43904
the sale of alcoholic beverages, including sales by the D-permit	43905
holder; otherwise, the association, corporation, or local unit	43906
shall be held responsible. In addition to the permit fee paid by	43907
the association, corporation, or local unit, the D-permit holder	43908
shall pay a fee of ten dollars. A D-permit holder may receive an	43909
unlimited number of joint F-2 permits.	43910

Any association, corporation, or local unit applying for an	43911
F-2 permit shall file with the application a statement of the	43912
organizational purpose of the association, corporation, or local	43913
unit, the location and purpose of the event, and a list of its	43914
officers. The application form shall contain a notice that a	43915
person who knowingly makes a false statement on the application or	43916
statement is guilty of the crime of falsification, a misdemeanor	43917
of the first degree. In ruling on an application, the division	43918
shall consider, among other things, the past activities of the	43919
association, corporation, or local unit and any D-permit holder	43920
while operating under other F-2 permits, the location of the event	43921
for which the current application is made, and any objections of	43922
local residents or law enforcement authorities. If the division	43923
approves the application, it shall send copies of the approved	43924
application to the proper law enforcement authorities prior to the	43925
scheduled event.	43926

Using the procedures of Chapter 119. of the Revised Code, the	43927
liquor control commission may adopt such rules as are necessary to	43928
administer this section.	43929

(B) No association, corporation, local unit of an association	43930
or corporation, or D-permit holder who holds an F-2 permit shall	43931
sell beer or intoxicating liquor beyond the hours of sale allowed	43932
by the permit. This division imposes strict liability on the	43933
holder of such permit and on any officer, agent, or employee of	43934
such permit holder.	43935

Sec. 4303.203.  (A) As used in this section:

43936

(1) "Convention facility" and "nonprofit corporation" have	43937
the same meanings as in section 4303.201 of the Revised Code.	43938

(2) "Hotel" means a hotel described in section 3731.01 of the	43939
Revised Code that has at least fifty rooms for registered	43940
transient guests and that is required to be licensed pursuant to	43941
section 3731.03 of the Revised Code.	43942

(B) An F-3 permit may be issued to an organization whose	43943
primary purpose is to support, promote, and educate members of the	43944
beer, wine, or mixed beverage industries, to allow the	43945
organization to bring beer, wine, or mixed beverages in their	43946
original packages or containers into a convention facility or	43947
hotel for consumption in the facility or hotel, if all of the	43948
following requirements are met:	43949

(1) The superintendent of liquor control is satisfied that	43950
the organization is a nonprofit organization and that the	43951
organization's membership is in excess of two hundred fifty	43952
persons.	43953

(2) The general manager or the equivalent officer of the	43954
convention facility or hotel provides a written consent for the	43955
use of a portion of the facility or hotel by the organization and	43956
a written statement that the facility's or hotel's permit	43957
privileges will be suspended in the portion of the facility or	43958
hotel in which the F-3 permit is in force.	43959

(3) The organization provides a written description that	43960
clearly sets forth the portion of the convention facility or hotel	43961
in which the F-3 permit will be used.	43962

(4) The organization provides a written statement as to its	43963
primary purpose and the purpose of its event at the convention	43964
facility or hotel.	43965

(5) Division (C) of this section does not apply.

43966

(C) No F-3 permit shall be issued to any nonprofit	43967
organization that is created by or for a specific manufacturer,	43968
supplier, distributor, or retailer of beer, wine, or mixed	43969
beverages.	43970

(D) Notwithstanding division (E) of section 4301.22 of the	43971
Revised Code, a holder of an F-3 permit may obtain by donation	43972
beer, wine, or mixed beverages from any manufacturer or producer	43973
of beer, wine, or mixed beverages.	43974

(E) Nothing in this chapter prohibits the holder of an F-3	43975
permit from bringing into the portion of the convention facility	43976
or hotel covered by the permit beer, wine, or mixed beverages	43977
otherwise not approved for sale in this state.	43978

(F) Notwithstanding division (E) of section 4301.22 of the	43979
Revised Code, no holder of an F-3 permit shall make any charge for	43980
any beer, wine, or mixed beverage served by the drink, or in its	43981
original package or container, in connection with the use of the	43982
portion of the convention facility or hotel covered by the permit.	43983

(G) The division of liquor control shall prepare and make	43984
available an F-3 permit application form and may require	43985
applicants for the permit to provide information, in addition to	43986
that required by this section, that is necessary for the	43987
administration of this section.	43988

(H) An F-3 permit shall be effective for a period not to	43989
exceed five consecutive days. The division of liquor control shall	43990
not issue more than three F-3 permits per calendar year to the	43991
same nonprofit organization. The fee for an F-3 permit is one	43992
three hundred fifty dollars.	43993

Sec. 4303.204. (A) The division of liquor control may issue	43994
an F-4 permit to an association or corporation organized	43995
not-for-profit in this state to conduct an event that includes the	43996
introduction, showcasing, or promotion of Ohio wines, if the event	43997
has all of the following characteristics:	43998

(1) It is coordinated by that association or corporation, and	43999
the association or corporation is responsible for the activities	44000
at it.	44001

(2) It has as one of its purposes the intent to introduce,	44002
showcase, or promote Ohio wines to persons who attend it.	44003

(3) It includes the sale of food for consumption on the	44004
premises where sold.	44005

(4) It features at least three A-2 permit holders who sell	44006
Ohio wine at it.	44007

(B) The holder of an F-4 permit may furnish, without charge,	44008
wine that it has obtained from the A-2 permit holders that are	44009
participating in the event for which the F-4 permit is issued, in	44010
two-ounce samples for consumption on the premises where furnished	44011
and may sell such wine by the glass for consumption on the	44012
premises where sold. The holder of an A-2 permit that is	44013
participating in the event for which the F-4 permit is issued may	44014
sell wine that it has manufactured, in sealed containers for	44015
consumption off the premises where sold. Wine may be furnished or	44016
sold on the premises of the event for which the F-4 permit is	44017
issued only where and when the sale of wine is otherwise permitted	44018
by law.	44019

(C) The premises of the event for which the F-4 permit is	44020
issued shall be clearly defined and sufficiently restricted to	44021
allow proper enforcement of the permit by state and local law	44022
enforcement officers. If an F-4 permit is issued for all or a	44023
portion of the same premises for which another class of permit is	44024
issued, that permit holder's privileges will be suspended in that	44025
portion of the premises in which the F-4 permit is in effect.	44026

(D) No F-4 permit shall be effective for more than	44027
seventy-two consecutive hours. No sales or furnishing of wine	44028
shall take place under an F-4 permit after one a.m.	44029

(E) The division shall not issue more than six F-4 permits to	44030
the same not-for-profit association or corporation in any one	44031
calendar year.	44032

(F) An applicant for an F-4 permit shall apply for the permit	44033
not later than thirty days prior to the first day of the event for	44034
which the permit is sought. The application for the permit shall	44035
list all of the A-2 permit holders that will participate in the	44036
event for which the F-4 permit is sought. The fee for the F-4	44037
permit is thirtysixty dollars per day.	44038

The division shall prepare and make available an F-4 permit	44039
application form and may require applicants for and holders of the	44040
F-4 permit to provide information that is in addition to that	44041
required by this section and that is necessary for the	44042
administration of this section.	44043

(G)(1) The holder of an F-4 permit is responsible for, and is	44044
subject to penalties for, any violations of this chapter or	44045
Chapter 4301. of the Revised Code or the rules adopted under this	44046
and that chapter.	44047

(2) An F-4 permit holder shall not allow an A-2 permit holder	44048
to participate in the event for which the F-4 permit is issued if	44049
the A-2 or A-1-A permit of that A-2 permit holder is under	44050
suspension.	44051

(3) The division may refuse to issue an F-4 permit to an	44052
applicant who has violated any provision of this chapter or	44053
Chapter 4301. of the Revised Code during the applicant's previous	44054
operation under an F-4 permit, for a period of up to two years	44055
after the date of the violation.	44056

(H)(1) Notwithstanding division (E) of section 4301.22 of the	44057
Revised Code, an A-2 permit holder that participates in an event	44058
for which an F-4 permit is issued may donate wine that it has	44059
manufactured to the holder of that F-4 permit. The holder of an	44060
F-4 permit may return unused and sealed containers of wine to the	44061
A-2 permit holder that donated the wine at the conclusion of the	44062
event for which the F-4 permit was issued.	44063

(2) The participation by an A-2 permit holder or its	44064
employees in an event for which an F-4 permit is issued does not	44065
violate section 4301.24 of the Revised Code.	44066

Sec. 4303.21.  Permit G may be issued to the owner of a	44067
pharmacy in charge of a licensed pharmacist to be named in such	44068
the permit for the sale at retail of alcohol for medicinal	44069
purposes in quantities at each sale of not more than one gallon	44070
upon the written prescription of a physician or dentist who is	44071
lawfully and regularly engaged in the practice of the physician's	44072
or dentist's profession in this state, and for the sale of	44073
industrial alcohol for mechanical, chemical, or scientific	44074
purposes to a person known by the seller to be engaged in such	44075
mechanical, chemical, or scientific pursuits; all subject to	44076
section 4303.34 of the Revised Code. The fee for this permit if	44077
fiftyis one hundred dollars.	44078

Sec. 4303.22.  Permit H may be issued for a fee of onethree	44079
hundred fifty dollars to a carrier by motor vehicle who also holds	44080
a license issued by the public utilities commission to transport	44081
beer, intoxicating liquor, and alcohol, or any of them, in this	44082
state for delivery or use in this state. This section does not	44083
prevent the division of liquor control from contracting with	44084
common or contract carriers for the delivery or transportation of	44085
liquor for the division, and any contract or common carrier so	44086
contracting with the division is eligible for an H permit.	44087
Manufacturers or wholesale distributors of beer or intoxicating	44088
liquor other than spirituous liquor who transport or deliver their	44089
own products to or from their premises licensed under this chapter	44090
and Chapter 4301. of the Revised Code by their own trucks as an	44091
incident to the purchase or sale of such beverages need not obtain	44092
an H permit. Carriers by rail shall receive an H permit upon	44093
application for it.	44094

This section does not prevent the division from issuing, upon	44095
the payment of the permit fee, an H permit to any person,	44096
partnership, firm, or corporation licensed by any other state to	44097
engage in the business of manufacturing and brewing or producing	44098
beer, wine, and mixed beverages or any person, partnership, firm,	44099
or corporation licensed by the United States or any other state to	44100
engage in the business of importing beer, wine, and mixed	44101
beverages manufactured outside the United States. The	44102
manufacturer, brewer, or importer of products manufactured outside	44103
the United States, upon the issuance of an H permit, may	44104
transport, ship, and deliver only its own products to holders of	44105
B-1 or B-5 permits in Ohio in motor trucks and equipment owned and	44106
operated by such class H permit holder. No H permit shall be	44107
issued by the division to such applicant until the applicant files	44108
with the division a liability insurance certificate or policy	44109
satisfactory to the division, in a sum of not less than one	44110
thousand nor more than five thousand dollars for property damage	44111
and for not less than five thousand nor more than fifty thousand	44112
dollars for loss sustained by reason of injury or death and with	44113
such other terms as the division considers necessary to adequately	44114
protect the interest of the public, having due regard for the	44115
number of persons and amount of property affected. The certificate	44116
or policy shall insure the manufacturer, brewer, or importer of	44117
products manufactured outside the United States against loss	44118
sustained by reason of the death of or injury to persons, and for	44119
loss of or damage to property, from the negligence of such class H	44120
permit holder in the operation of its motor vehicles or equipment	44121
in this state.	44122

Sec. 4303.23.  Permit I may be issued to wholesale druggists	44123
to purchase alcohol from the holders of A-3 permits and to import	44124
alcohol into Ohiothis state subject to such terms as are imposed	44125
by the division of liquor control; to sell at wholesale to	44126
physicians, dentists, druggists, veterinary surgeons,	44127
manufacturers, hospitals, infirmaries, and medical or educational	44128
institutions using such alcohol for medicinal, mechanical,	44129
chemical, or scientific purposes, and to holders of G permits for	44130
nonbeverage purposes only; and to sell alcohol at retail in total	44131
quantities at each sale of not more than one quart, upon the	44132
written prescription of a physician or dentist who is lawfully and	44133
regularly engaged in the practice of histhe physician's or	44134
dentist's profession in this state. The sale of alcohol under this	44135
section is subject to section 4303.34 of the Revised Code. The fee	44136
for this permit is onetwo hundred dollars.	44137

"Wholesale druggists," as used in this, section includes all	44138
persons holding federal wholesale liquor dealers' licenses and who	44139
are engaged in the sale of medicinal drugs, proprietary medicines,	44140
and surgical and medical appliances and apparatus, at wholesale.	44141

Sec. 4303.231.  Permit W may be issued to a manufacturer or	44142
supplier of beer or intoxicating liquor to operate a warehouse for	44143
the storage of beer or intoxicating liquor within this state and	44144
to sell suchthose products from the warehouse only to holders of	44145
B permits in this state and to other customers outside this state	44146
under rules promulgated by the liquor control commission. Each	44147
holder of a B permit with a consent to import on file with the	44148
division of liquor control may purchase beer or intoxicating	44149
liquor if designated by the permit to make suchthose purchases,	44150
from the holder of a W permit. The fee for a W permit is one	44151
thousand twofive hundred fiftysixty-three dollars for each	44152
warehouse during the year covered by the permit.	44153

Sec. 4501.06.  The taxes, fees, and fines levied, charged, or	44154
referred to in division (C)(1) of section 4503.10, division (D) of	44155
section 4503.182, and sections 4505.11, 4505.111, 4506.08,	44156
4506.09, 4507.23, 4508.05, 4923.12, and 5502.12 of the Revised	44157
Code, unless otherwise designated by law, shall be deposited in	44158
the state treasury to the credit of the state highway safety fund,	44159
which is hereby created, and shall, after receipt of	44160
certifications from the commissioners of the sinking fund	44161
certifying, as required by sections 5528.15 and 5528.35 of the	44162
Revised Code, that there are sufficient moneys to the credit of	44163
the highway improvement bond retirement fund created by section	44164
5528.12 of the Revised Code to meet in full all payments of	44165
interest, principal, and charges for the retirement of bonds and	44166
other obligations issued pursuant to Section 2g of Article VIII,	44167
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised	44168
Code due and payable during the current calendar year, and that	44169
there are sufficient moneys to the credit of the highway	44170
obligations bond retirement fund created by section 5528.32 of the	44171
Revised Code to meet in full all payments of interest, principal,	44172
and charges for the retirement of highway obligations issued	44173
pursuant to Section 2i of Article VIII, Ohio Constitution, and	44174
sections 5528.30 and 5528.31 of the Revised Code due and payable	44175
during the current calendar year, be used for the purpose of	44176
enforcing and paying the expenses of administering the law	44177
relative to the registration and operation of motor vehicles on	44178
the public roads or highways. Amounts credited to the fund may	44179
also be used to pay the expenses of administering and enforcing	44180
the laws under which such fees were collected. All investment	44181
earnings of the state highway safety fund shall be credited to the	44182
fund.	44183

Sec. 4503.101.  (A) The registrar of motor vehicles shall	44184
adopt rules to establish a system of motor vehicle registration	44185
based upon the type of vehicle to be registered, the type of	44186
ownership of the vehicle, the class of license plate to be issued,	44187
and any other factor the registrar determines to be relevant.	44188
Except for commercial cars, buses, trailers, and semitrailers	44189
taxed under section 4503.042 of the Revised Code; except for	44190
rental vehicles owned by motor vehicle renting dealers; and except	44191
as otherwise provided by rule, motor vehicles owned by an	44192
individual shall be registered based upon the motor vehicle	44193
owner's date of birth. Beginning with the 2004 registration year,	44194
the registrar shall assign motor vehicles to the registration	44195
periods established by rules adopted under this section.	44196

(B) The registrar shall adopt rules to permit motor vehicle	44197
owners residing together at one address to select the date of	44198
birth of any one of the owners as the date to register any or all	44199
of the vehicles at that residence address, as shown in the records	44200
of the bureau of motor vehicles.	44201

(C) The registrar shall adopt rules to assign and reassign	44202
all commercial cars, buses, trailers, and semitrailers taxed under	44203
section 4503.042 of the Revised Code and all rental vehicles owned	44204
by motor vehicle renting dealers to a system of registration so	44205
that the registrations of approximately one-twelfth of all such	44206
vehicles expire on the last day of each month of a calendar year.	44207
To effect a reassignment from the registration period in effect on	44208
the effective date of this amendmentJune 30, 2003, to the new	44209
registration periods established by the rules adopted under this	44210
section as amended, the rules may require the motor vehicle to be	44211
registered for more or less than a twelve-month period at the time	44212
the motor vehicle's registration is subject to its initial renewal	44213
following the effective date of such rules. If necessary to effect	44214
an efficient transition, the rules may provide that the	44215
registration reassignments take place over two consecutive	44216
registration periods. The registration taxes to be charged shall	44217
be determined by the registrar on the basis of the annual tax	44218
otherwise due on the motor vehicle, prorated in accordance with	44219
the number of months for which the motor vehicle is registered,	44220
except that the fee established by division (C)(1) of section	44221
4503.10 of the Revised Code shall be collected in full for each	44222
renewal that occurs during the transition period and shall not be	44223
prorated.	44224

(D) The registrar shall adopt rules to permit any commercial	44225
motor vehicle owner or motor vehicle renting dealer who owns two	44226
or more motor vehicles to request the registrar to permit the	44227
owner to separate the owner's fleet into up to four divisions for	44228
assignment to separate dates upon which to register the vehicles,	44229
provided that the registrar may disapprove any such request	44230
whenever the registrar has reason to believe that an uneven	44231
distribution of registrations throughout the calendar year has	44232
developed or is likely to develop.	44233

(E) Every owner or lessee of a motor vehicle holding a	44234
certificate of registration shall notify the registrar of any	44235
change of the owner's or lessee's correct address within ten days	44236
after the change occurs. The notification shall be in writing on a	44237
form provided by the registrar or by electronic means approved by	44238
the registrar and shall include the full name, date of birth if	44239
applicable, license number, county of residence or place of	44240
business, social security account number of an individual or	44241
federal tax identification number of a business, and new address.	44242

(F) As used in this section, "motor vehicle renting dealer"	44243
has the same meaning as in section 4549.65 of the Revised Code.	44244

Sec. 4503.103.  (A)(1)(a) The registrar of motor vehicles may	44245
adopt rules to permit any person or lessee, other than a person	44246
receiving an apportioned license plate under the international	44247
registration plan, who owns or leases one or more motor vehicles	44248
to file a written application for registration for no more than	44249
five succeeding registration years. The rules adopted by the	44250
registrar may designate the classes of motor vehicles that are	44251
eligible for such registration. At the time of application, all	44252
annual taxes and fees shall be paid for each year for which the	44253
person is registering.	44254

(b) The(i) Except as provided in division (A)(1)(b)(ii) of	44255
this section, the registrar shall adopt rules to permit any	44256
person, other than a person receiving an apportioned license plate	44257
under the international registration plan and other than the owner	44258
of a commercial car used solely in intrastate commerce, who owns a	44259
motor vehicle to file an application for registration for the next	44260
two succeeding registration years. At the time of application, the	44261
person shall pay the annual taxes and fees for each registration	44262
year, calculated in accordance with division (C) of section	44263
4503.11 of the Revised Code. A person who is registering a vehicle	44264
under division (A)(1)(b) of this section shall pay for each year	44265
of registration the additional fee established under division	44266
(C)(1) of section 4503.10 of the Revised Code. The person shall	44267
also pay one and one-half times the amount of the deputy registrar	44268
service fee specified in division (D) of section 4503.10 of the	44269
Revised Code or the bureau of motor vehicles service fee specified	44270
in division (G) of that section, as applicable.	44271

(ii) Division (A)(1)(b)(i) of this section does not apply to	44272
a person receiving an apportioned license plate under the	44273
international registration plan, or the owner of a commercial car	44274
used solely in intrastate commerce, or the owner of a bus as	44275
defined in section 4513.50 of the Revised Code.	44276

(2) No person applying for a multi-year registration under	44277
division (A)(1) of this section is entitled to a refund of any	44278
taxes or fees paid.	44279

(3) The registrar shall not issue to any applicant who has	44280
been issued a final, nonappealable order under division (B) of	44281
this section a multi-year registration or renewal thereof under	44282
this division or rules adopted under it for any motor vehicle that	44283
is required to be inspected under section 3704.14 of the Revised	44284
Code the district of registration of which, as determined under	44285
section 4503.10 of the Revised Code, is or is located in the	44286
county named in the order.	44287

(B) Upon receipt from the director of environmental	44288
protection of a notice issued under division (J) of section	44289
3704.14 of the Revised Code indicating that an owner of a motor	44290
vehicle that is required to be inspected under that section who	44291
obtained a multi-year registration for the vehicle under division	44292
(A) of this section or rules adopted under that division has not	44293
obtained an inspection certificate for the vehicle in accordance	44294
with that section in a year intervening between the years of	44295
issuance and expiration of the multi-year registration in which	44296
the owner is required to have the vehicle inspected and obtain an	44297
inspection certificate for it under division (F)(1)(a) of that	44298
section, the registrar in accordance with Chapter 119. of the	44299
Revised Code shall issue an order to the owner impounding the	44300
certificate of registration and identification license plates for	44301
the vehicle. The order also shall prohibit the owner from	44302
obtaining or renewing a multi-year registration for any vehicle	44303
that is required to be inspected under that section, the district	44304
of registration of which is or is located in the same county as	44305
the county named in the order during the number of years after	44306
expiration of the current multi-year registration that equals the	44307
number of years for which the current multi-year registration was	44308
issued.	44309

An order issued under this division shall require the owner	44310
to surrender to the registrar the certificate of registration and	44311
license plates for the vehicle named in the order within five days	44312
after its issuance. If the owner fails to do so within that time,	44313
the registrar shall certify that fact to the county sheriff or	44314
local police officials who shall recover the certificate of	44315
registration and license plates for the vehicle.	44316

(C) Upon the occurrence of either of the following	44317
circumstances, the registrar in accordance with Chapter 119. of	44318
the Revised Code shall issue to the owner a modified order	44319
rescinding the provisions of the order issued under division (B)	44320
of this section impounding the certificate of registration and	44321
license plates for the vehicle named in that original order:	44322

(1) Receipt from the director of environmental protection of	44323
a subsequent notice under division (J) of section 3704.14 of the	44324
Revised Code that the owner has obtained the inspection	44325
certificate for the vehicle as required under division (F)(1)(a)	44326
of that section;	44327

(2) Presentation to the registrar by the owner of the	44328
required inspection certificate for the vehicle.	44329

(D) The owner of a motor vehicle for which the certificate of	44330
registration and license plates have been impounded pursuant to an	44331
order issued under division (B) of this section, upon issuance of	44332
a modified order under division (C) of this section, may apply to	44333
the registrar for their return. A fee of two dollars and fifty	44334
cents shall be charged for the return of the certificate of	44335
registration and license plates for each vehicle named in the	44336
application.	44337

Sec. 4505.06.  (A)(1) Application for a certificate of title	44338
shall be made in a form prescribed by the registrar of motor	44339
vehicles and shall be sworn to before a notary public or other	44340
officer empowered to administer oaths. The application shall be	44341
filed with the clerk of any court of common pleas. An application	44342
for a certificate of title may be filed electronically by any	44343
electronic means approved by the registrar in any county with the	44344
clerk of the court of common pleas of that county. Any payments	44345
required by this chapter shall be considered as accompanying any	44346
electronically transmitted application when payment actually is	44347
received by the clerk. Payment of any fee or taxes may be made by	44348
electronic transfer of funds.	44349

(2) The application for a certificate of title shall be	44350
accompanied by the fee prescribed in section 4505.09 of the	44351
Revised Code. The fee shall be retained by the clerk who issues	44352
the certificate of title and shall be distributed in accordance	44353
with that section. If a clerk of a court of common pleas, other	44354
than the clerk of the court of common pleas of an applicant's	44355
county of residence, issues a certificate of title to the	44356
applicant, the clerk shall transmit data related to the	44357
transaction to the automated title processing system.	44358

(3) If a certificate of title previously has been issued for	44359
a motor vehicle in this state, the application for a certificate	44360
of title also shall be accompanied by that certificate of title	44361
duly assigned, unless otherwise provided in this chapter. If a	44362
certificate of title previously has not been issued for the motor	44363
vehicle in this state, the application, unless otherwise provided	44364
in this chapter, shall be accompanied by a manufacturer's or	44365
importer's certificate or by a certificate of title of another	44366
state from which the motor vehicle was brought into this state. If	44367
the application refers to a motor vehicle last previously	44368
registered in another state, the application also shall be	44369
accompanied by the physical inspection certificate required by	44370
section 4505.061 of the Revised Code. If the application is made	44371
by two persons regarding a motor vehicle in which they wish to	44372
establish joint ownership with right of survivorship, they may do	44373
so as provided in section 2131.12 of the Revised Code. If the	44374
applicant requests a designation of the motor vehicle in	44375
beneficiary form so that upon the death of the owner of the motor	44376
vehicle, ownership of the motor vehicle will pass to a designated	44377
transfer-on-death beneficiary or beneficiaries, the applicant may	44378
do so as provided in section 2131.13 of the Revised Code. A person	44379
who establishes ownership of a motor vehicle that is transferable	44380
on death in accordance with section 2131.13 of the Revised Code	44381
may terminate that type of ownership or change the designation of	44382
the transfer-on-death beneficiary or beneficiaries by applying for	44383
a certificate of title pursuant to this section. The clerk shall	44384
retain the evidence of title presented by the applicant and on	44385
which the certificate of title is issued, except that, if an	44386
application for a certificate of title is filed electronically by	44387
an electronic motor vehicle dealer on behalf of the purchaser of a	44388
motor vehicle, the clerk shall retain the completed electronic	44389
record to which the dealer converted the certificate of title	44390
application and other required documents. The electronic motor	44391
vehicle dealer shall forwardretain the actualoriginal title	44392
application and all other documents relating to the sale of the	44393
motor vehicle to any clerk within thirty days after the	44394
certificate of title is issued. The registrar, after consultation	44395
with the attorney general, shall adopt rules that govern the	44396
location at which, and the manner in which, are stored the actual	44397
application and all other documents relating to the sale of a	44398
motor vehicle when an electronic motor vehicle dealer files the	44399
application for a certificate of title electronically on behalf of	44400
the purchaserfor a period of time determined by the registrar and	44401
shall make all of the documents available for inspection by the	44402
registrar upon the registrar's request. The registrar shall make	44403
the original application documents available to the attorney	44404
general upon the request of the attorney general.	44405

The clerk shall use reasonable diligence in ascertaining	44406
whether or not the facts in the application for a certificate of	44407
title are true by checking the application and documents	44408
accompanying it or the electronic record to which a dealer	44409
converted the application and accompanying documents with the	44410
records of motor vehicles in the clerk's office. If the clerk is	44411
satisfied that the applicant is the owner of the motor vehicle and	44412
that the application is in the proper form, the clerk, within five	44413
business days after the application is filed, shall issue a	44414
physical certificate of title over the clerk's signature and	44415
sealed with the clerk's seal unless the applicant specifically	44416
requests the clerk not to issue a physical certificate of title	44417
and instead to issue an electronic certificate of title. For	44418
purposes of the transfer of a certificate of title, if the clerk	44419
is satisfied that the secured party has duly discharged a lien	44420
notation but has not canceled the lien notation with a clerk, the	44421
clerk may cancel the lien notation on the automated title	44422
processing system and notify the clerk of the county of origin.	44423

(4) In the case of the sale of a motor vehicle to a general	44424
buyer or user by a dealer, by a motor vehicle leasing dealer	44425
selling the motor vehicle to the lessee or, in a case in which the	44426
leasing dealer subleased the motor vehicle, the sublessee, at the	44427
end of the lease agreement or sublease agreement, or by a	44428
manufactured home broker, the certificate of title shall be	44429
obtained in the name of the buyer by the dealer, leasing dealer,	44430
or manufactured home broker, as the case may be, upon application	44431
signed by the buyer. The certificate of title shall be issued, or	44432
the process of entering the certificate of title application	44433
information into the automated title processing system if a	44434
physical certificate of title is not to be issued shall be	44435
completed, within five business days after the application for	44436
title is filed with the clerk. If the buyer of the motor vehicle	44437
previously leased the motor vehicle and is buying the motor	44438
vehicle at the end of the lease pursuant to that lease, the	44439
certificate of title shall be obtained in the name of the buyer by	44440
the motor vehicle leasing dealer who previously leased the motor	44441
vehicle to the buyer or by the motor vehicle leasing dealer who	44442
subleased the motor vehicle to the buyer under a sublease	44443
agreement.	44444

In all other cases, except as provided in section 4505.032	44445
and division (D)(2) of section 4505.11 of the Revised Code, such	44446
certificates shall be obtained by the buyer.	44447

(5)(a)(i) If the certificate of title is being obtained in	44448
the name of the buyer by a motor vehicle dealer or motor vehicle	44449
leasing dealer and there is a security interest to be noted on the	44450
certificate of title, the dealer or leasing dealer shall submit	44451
the application for the certificate of title and payment of the	44452
applicable tax to a clerk within seven business days after the	44453
later of the delivery of the motor vehicle to the buyer or the	44454
date the dealer or leasing dealer obtains the manufacturer's or	44455
importer's certificate, or certificate of title issued in the name	44456
of the dealer or leasing dealer, for the motor vehicle. Submission	44457
of the application for the certificate of title and payment of the	44458
applicable tax within the required seven business days may be	44459
indicated by postmark or receipt by a clerk within that period.	44460

(ii) Upon receipt of the certificate of title with the	44461
security interest noted on its face, the dealer or leasing dealer	44462
shall forward the certificate of title to the secured party at the	44463
location noted in the financing documents or otherwise specified	44464
by the secured party.	44465

(iii) A motor vehicle dealer or motor vehicle leasing dealer	44466
is liable to a secured party for a late fee of ten dollars per day	44467
for each certificate of title application and payment of the	44468
applicable tax that is submitted to a clerk more than seven	44469
business days but less than twenty-one days after the later of the	44470
delivery of the motor vehicle to the buyer or the date the dealer	44471
or leasing dealer obtains the manufacturer's or importer's	44472
certificate, or certificate of title issued in the name of the	44473
dealer or leasing dealer, for the motor vehicle and, from then on,	44474
twenty-five dollars per day until the application and applicable	44475
tax are submitted to a clerk.	44476

(b) In all cases of transfer of a motor vehicle, the	44477
application for certificate of title shall be filed within thirty	44478
days after the assignment or delivery of the motor vehicle. If an	44479
application for a certificate of title is not filed within the	44480
period specified in division (A)(5)(b) of this section, the clerk	44481
shall collect a fee of five dollars for the issuance of the	44482
certificate, except that no such fee shall be required from a	44483
motor vehicle salvage dealer, as defined in division (A) of	44484
section 4738.01 of the Revised Code, who immediately surrenders	44485
the certificate of title for cancellation. The fee shall be in	44486
addition to all other fees established by this chapter, and shall	44487
be retained by the clerk. The registrar shall provide, on the	44488
certificate of title form prescribed by section 4505.07 of the	44489
Revised Code, language necessary to give evidence of the date on	44490
which the assignment or delivery of the motor vehicle was made.	44491

(6) As used in division (A) of this section, "lease	44492
agreement," "lessee," and "sublease agreement" have the same	44493
meanings as in section 4505.04 of the Revised Code.	44494

(B) The clerk, except as provided in this section, shall	44495
refuse to accept for filing any application for a certificate of	44496
title and shall refuse to issue a certificate of title unless the	44497
dealer or manufactured home broker or the applicant, in cases in	44498
which the certificate shall be obtained by the buyer, submits with	44499
the application payment of the tax levied by or pursuant to	44500
Chapters 5739. and 5741. of the Revised Code based on the	44501
purchaser's county of residence. Upon payment of the tax in	44502
accordance with division (E) of this section, the clerk shall	44503
issue a receipt prescribed by the registrar and agreed upon by the	44504
tax commissioner showing payment of the tax or a receipt issued by	44505
the commissioner showing the payment of the tax. When submitting	44506
payment of the tax to the clerk, a dealer shall retain any	44507
discount to which the dealer is entitled under section 5739.12 of	44508
the Revised Code.	44509

For receiving and disbursing such taxes paid to the clerk by	44510
a resident of the clerk's county, the clerk may retain a poundage	44511
fee of one and one one-hundredth per cent, and the clerk shall pay	44512
the poundage fee into the certificate of title administration fund	44513
created by section 325.33 of the Revised Code. The clerk shall not	44514
retain a poundage fee from payments of taxes by persons who do not	44515
reside in the clerk's county.	44516

A clerk, however, may retain from the taxes paid to the clerk	44517
an amount equal to the poundage fees associated with certificates	44518
of title issued by other clerks of courts of common pleas to	44519
applicants who reside in the first clerk's county. The registrar,	44520
in consultation with the tax commissioner and the clerks of the	44521
courts of common pleas, shall develop a report from the automated	44522
title processing system that informs each clerk of the amount of	44523
the poundage fees that the clerk is permitted to retain from those	44524
taxes because of certificates of title issued by the clerks of	44525
other counties to applicants who reside in the first clerk's	44526
county.	44527

In the case of casual sales of motor vehicles, as defined in	44528
section 4517.01 of the Revised Code, the price for the purpose of	44529
determining the tax shall be the purchase price on the assigned	44530
certificate of title executed by the seller and filed with the	44531
clerk by the buyer on a form to be prescribed by the registrar,	44532
which shall be prima-facie evidence of the amount for the	44533
determination of the tax.	44534

(C)(1) If the transferor indicates on the certificate of	44535
title that the odometer reflects mileage in excess of the designed	44536
mechanical limit of the odometer, the clerk shall enter the phrase	44537
"exceeds mechanical limits" following the mileage designation. If	44538
the transferor indicates on the certificate of title that the	44539
odometer reading is not the actual mileage, the clerk shall enter	44540
the phrase "nonactual: warning - odometer discrepancy" following	44541
the mileage designation. The clerk shall use reasonable care in	44542
transferring the information supplied by the transferor, but is	44543
not liable for any errors or omissions of the clerk or those of	44544
the clerk's deputies in the performance of the clerk's duties	44545
created by this chapter.	44546

The registrar shall prescribe an affidavit in which the	44547
transferor shall swear to the true selling price and, except as	44548
provided in this division, the true odometer reading of the motor	44549
vehicle. The registrar may prescribe an affidavit in which the	44550
seller and buyer provide information pertaining to the odometer	44551
reading of the motor vehicle in addition to that required by this	44552
section, as such information may be required by the United States	44553
secretary of transportation by rule prescribed under authority of	44554
subchapter IV of the "Motor Vehicle Information and Cost Savings	44555
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	44556

(2) Division (C)(1) of this section does not require the	44557
giving of information concerning the odometer and odometer reading	44558
of a motor vehicle when ownership of a motor vehicle is being	44559
transferred as a result of a bequest, under the laws of intestate	44560
succession, to a survivor pursuant to section 2106.18, 2131.12, or	44561
4505.10 of the Revised Code, to a transfer-on-death beneficiary or	44562
beneficiaries pursuant to section 2131.13 of the ReviseedRevised	44563
Code, or in connection with the creation of a security interest.	44564

(D) When the transfer to the applicant was made in some other	44565
state or in interstate commerce, the clerk, except as provided in	44566
this section, shall refuse to issue any certificate of title	44567
unless the tax imposed by or pursuant to Chapter 5741. of the	44568
Revised Code based on the purchaser's county of residence has been	44569
paid as evidenced by a receipt issued by the tax commissioner, or	44570
unless the applicant submits with the application payment of the	44571
tax. Upon payment of the tax in accordance with division (E) of	44572
this section, the clerk shall issue a receipt prescribed by the	44573
registrar and agreed upon by the tax commissioner, showing payment	44574
of the tax.	44575

For receiving and disbursing such taxes paid to the clerk by	44576
a resident of the clerk's county, the clerk may retain a poundage	44577
fee of one and one one-hundredth per cent. The clerk shall not	44578
retain a poundage fee from payments of taxes by persons who do not	44579
reside in the clerk's county.	44580

A clerk, however, may retain from the taxes paid to the clerk	44581
an amount equal to the poundage fees associated with certificates	44582
of title issued by other clerks of courts of common pleas to	44583
applicants who reside in the first clerk's county. The registrar,	44584
in consultation with the tax commissioner and the clerks of the	44585
courts of common pleas, shall develop a report from the automated	44586
title processing system that informs each clerk of the amount of	44587
the poundage fees that the clerk is permitted to retain from those	44588
taxes because of certificates of title issued by the clerks of	44589
other counties to applicants who reside in the first clerk's	44590
county.	44591

When the vendor is not regularly engaged in the business of	44592
selling motor vehicles, the vendor shall not be required to	44593
purchase a vendor's license or make reports concerning those	44594
sales.	44595

(E) The clerk shall accept any payment of a tax in cash, or	44596
by cashier's check, certified check, draft, money order, or teller	44597
check issued by any insured financial institution payable to the	44598
clerk and submitted with an application for a certificate of title	44599
under division (B) or (D) of this section. The clerk also may	44600
accept payment of the tax by corporate, business, or personal	44601
check, credit card, electronic transfer or wire transfer, debit	44602
card, or any other accepted form of payment made payable to the	44603
clerk. The clerk may require bonds, guarantees, or letters of	44604
credit to ensure the collection of corporate, business, or	44605
personal checks. Any service fee charged by a third party to a	44606
clerk for the use of any form of payment may be paid by the clerk	44607
from the certificate of title administration fund created in	44608
section 325.33 of the Revised Code, or may be assessed by the	44609
clerk upon the applicant as an additional fee. Upon collection,	44610
the additional fees shall be paid by the clerk into that	44611
certificate of title administration fund.	44612

The clerk shall make a good faith effort to collect any	44613
payment of taxes due but not made because the payment was returned	44614
or dishonored, but the clerk is not personally liable for the	44615
payment of uncollected taxes or uncollected fees. The clerk shall	44616
notify the tax commissioner of any such payment of taxes that is	44617
due but not made and shall furnish the information to the	44618
commissioner that the commissioner requires. The clerk shall	44619
deduct the amount of taxes due but not paid from the clerk's	44620
periodic remittance of tax payments, in accordance with procedures	44621
agreed upon by the tax commissioner. The commissioner may collect	44622
taxes due by assessment in the manner provided in section 5739.13	44623
of the Revised Code.	44624

Any person who presents payment that is returned or	44625
dishonored for any reason is liable to the clerk for payment of a	44626
penalty over and above the amount of the taxes due. The clerk	44627
shall determine the amount of the penalty, and the penalty shall	44628
be no greater than that amount necessary to compensate the clerk	44629
for banking charges, legal fees, or other expenses incurred by the	44630
clerk in collecting the returned or dishonored payment. The	44631
remedies and procedures provided in this section are in addition	44632
to any other available civil or criminal remedies. Subsequently	44633
collected penalties, poundage fees, and title fees, less any title	44634
fee due the state, from returned or dishonored payments collected	44635
by the clerk shall be paid into the certificate of title	44636
administration fund. Subsequently collected taxes, less poundage	44637
fees, shall be sent by the clerk to the treasurer of state at the	44638
next scheduled periodic remittance of tax payments, with	44639
information as the commissioner may require. The clerk may abate	44640
all or any part of any penalty assessed under this division.	44641

(F) In the following cases, the clerk shall accept for filing	44642
an application and shall issue a certificate of title without	44643
requiring payment or evidence of payment of the tax:	44644

(1) When the purchaser is this state or any of its political	44645
subdivisions, a church, or an organization whose purchases are	44646
exempted by section 5739.02 of the Revised Code;	44647

(2) When the transaction in this state is not a retail sale	44648
as defined by section 5739.01 of the Revised Code;	44649

(3) When the purchase is outside this state or in interstate	44650
commerce and the purpose of the purchaser is not to use, store, or	44651
consume within the meaning of section 5741.01 of the Revised Code;	44652

(4) When the purchaser is the federal government;

44653

(5) When the motor vehicle was purchased outside this state	44654
for use outside this state;	44655

(6) When the motor vehicle is purchased by a nonresident of	44656
this state for immediate removal from this state, and will be	44657
permanently titled and registered in another state, as provided by	44658
division (B)(23) of section 5739.02 of the Revised Code, and upon	44659
presentation of a copy of the affidavit provided by that section,	44660
and a copy of the exemption certificate provided by section	44661
5739.03 of the Revised Code.	44662

The clerk shall forward all payments of taxes, less poundage	44663
fees, to the treasurer of state in a manner to be prescribed by	44664
the tax commissioner and shall furnish information to the	44665
commissioner as the commissioner requires.	44666

(G) An application, as prescribed by the registrar and agreed	44667
to by the tax commissioner, shall be filled out and sworn to by	44668
the buyer of a motor vehicle in a casual sale. The application	44669
shall contain the following notice in bold lettering: "WARNING TO	44670
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by	44671
law to state the true selling price. A false statement is in	44672
violation of section 2921.13 of the Revised Code and is punishable	44673
by six months' imprisonment or a fine of up to one thousand	44674
dollars, or both. All transfers are audited by the department of	44675
taxation. The seller and buyer must provide any information	44676
requested by the department of taxation. The buyer may be assessed	44677
any additional tax found to be due."	44678

(H) For sales of manufactured homes or mobile homes occurring	44679
on or after January 1, 2000, the clerk shall accept for filing,	44680
pursuant to Chapter 5739. of the Revised Code, an application for	44681
a certificate of title for a manufactured home or mobile home	44682
without requiring payment of any tax pursuant to section 5739.02,	44683
5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt	44684
issued by the tax commissioner showing payment of the tax. For	44685
sales of manufactured homes or mobile homes occurring on or after	44686
January 1, 2000, the applicant shall pay to the clerk an	44687
additional fee of five dollars for each certificate of title	44688
issued by the clerk for a manufactured or mobile home pursuant to	44689
division (H) of section 4505.11 of the Revised Code and for each	44690
certificate of title issued upon transfer of ownership of the	44691
home. The clerk shall credit the fee to the county certificate of	44692
title administration fund, and the fee shall be used to pay the	44693
expenses of archiving those certificates pursuant to division (A)	44694
of section 4505.08 and division (H)(3) of section 4505.11 of the	44695
Revised Code. The tax commissioner shall administer any tax on a	44696
manufactured or mobile home pursuant to Chapters 5739. and 5741.	44697
of the Revised Code.	44698

(I) Every clerk shall have the capability to transact by	44699
electronic means all procedures and transactions relating to the	44700
issuance of motor vehicle certificates of title that are described	44701
in the Revised Code as being accomplished by electronic means.	44702

Sec. 4506.14.  (A) Commercial driver's licenses shall expire	44703
as follows:	44704

(1) Except as provided in division (A)(3) of this section,	44705
each such license issued to replace an operator's or chauffeur's	44706
license shall expire on the original expiration date of the	44707
operator's or chauffeur's license and, upon renewal, shall expire	44708
on the licensee's birthday in the fourth year after the date of	44709
issuance.	44710

(2) Except as provided in division (A)(3) of this section,	44711
each such license issued as an original license to a person whose	44712
residence is in this state shall expire on the licensee's birthday	44713
in the fourth year after the date of issuance, and each such	44714
license issued to a person whose temporary residence is in this	44715
state shall expire in accordance with rules adopted by the	44716
registrar of motor vehicles. A license issued to a person with a	44717
temporary residence in this state is nonrenewable, but may be	44718
replaced with a new license within ninety days prior to its	44719
expiration upon the applicant's compliance with all applicable	44720
requirements.	44721

(3) Each such license issued to replace the operator's or	44722
chauffeur's license of a person who is less than twenty-one years	44723
of age, and each such license issued as an original license to a	44724
person who is less than twenty-one years of age, shall expire on	44725
the licensee's twenty-first birthday.	44726

(B) No commercial driver's license shall be issued for a	44727
period longer than four years and ninety days. Except as provided	44728
in section 4507.12 of the Revised Code, the registrar may waive	44729
the examination of any person applying for the renewal of a	44730
commercial driver's license issued under this chapter, provided	44731
that the applicant presents either an unexpired commercial	44732
driver's license or a commercial driver's license that has expired	44733
not more than six months prior to the date of application.	44734

(C) Subject to the requirements of this chapter and except as	44735
provided in division (A)(2) of this section in regard to a person	44736
whose temporary residence is in this state, every commercial	44737
driver's license shall be renewable ninety days before its	44738
expiration upon payment of the fees required by section 4506.08 of	44739
the Revised Code. Each person applying for renewal of a commercial	44740
driver's license shall complete the application form prescribed by	44741
section 4506.07 of the Revised Code and shall provide all	44742
certifications required. If the person wishes to retain an	44743
endorsement authorizing the person to transport hazardous	44744
materials, the person shall take and successfully complete the	44745
written test for the endorsement and shall submit to any	44746
background check required by federal law.	44747

(D) Each person licensed as a driver under this chapter shall	44748
notify the registrar of any change in the person's address within	44749
ten days following that change. The notification shall be in	44750
writing on a form provided by the registrar and shall include the	44751
full name, date of birth, license number, county of residence,	44752
social security number, and new address of the person.	44753

Sec. 4506.15.  No person shall do any of the following:

44754

(A) Drive a commercial motor vehicle while having a	44755
measurable or detectable amount of alcohol or of a controlled	44756
substance in histhe person's blood, breath, or urine;	44757

(B) Drive a commercial motor vehicle while having an alcohol	44758
concentration of four-hundredths of one per cent or more;	44759

(C) Drive a commercial motor vehicle while under the	44760
influence of a controlled substance;	44761

(D) Knowingly leave the scene of an accident involving a	44762
commercial motor vehicle driven by the person;	44763

(E) Use a commercial motor vehicle in the commission of a	44764
felony;	44765

(F) Refuse to submit to a test under section 4506.17 of the	44766
Revised Code;	44767

(G) Violate an out-of-service order issued under this	44768
chapter;	44769

(H) Violate any prohibition described in divisions (B) to (G)	44770
of this section while transporting hazardous materials;	44771

(I) Use a commercial motor vehicle in the commission of a	44772
felony involving the manufacture, distribution, or dispensing of a	44773
controlled substance as defined in section 3719.01 of the Revised	44774
Code;	44775

(J) Drive a commercial motor vehicle in violation of any	44776
provision of sections 4511.61 to 4511.63 of the Revised Code or	44777
any federal or local law or ordinance pertaining to	44778
railroad-highway grade crossings.	44779

Sec. 4506.16.  (A) Whoever violates division (A) of section	44780
4506.15 of the Revised Code or a similar law of another state or a	44781
foreign jurisdiction, immediately shall be placed out-of-service	44782
for twenty-four hours, in addition to any disqualification	44783
required by this section and any other penalty imposed by the	44784
Revised Code.	44785

(B) The registrar of motor vehicles shall disqualify any	44786
person from operating a commercial motor vehicle as follows:	44787

(1) Upon a first conviction for a violation of divisions (B)	44788
to (G) of section 4506.15 of the Revised Code or a similar law of	44789
another state or a foreign jurisdiction, one year, in addition to	44790
any other penalty imposed by the Revised Code;	44791

(2) Upon a first conviction for a violation of division (H)	44792
of section 4506.15 of the Revised Code or a similar law of another	44793
state or a foreign jurisdiction, three years, in addition to any	44794
other penalty imposed by the Revised Code;	44795

(3) Uponand upon a second conviction for a violation of	44796
divisions (B) to (G) of section 4506.15 of the Revised Code or a	44797
similar law of another state or a foreign jurisdiction, or any	44798
combination of such violations arising from two or more separate	44799
incidents, the person shall be disqualified for life or for any	44800
other period of time as determined by the United States secretary	44801
of transportation and designated by the director of public safety	44802
by rule, in addition to any other penalty imposed by the Revised	44803
Code;	44804

(4)(2) Upon a first conviction for a violation of division	44805
(H) of section 4506.15 of the Revised Code or a similar law of	44806
another state or a foreign jurisdiction, three years;	44807

(3) Upon conviction of a violation of division (E)(I) of	44808
section 4506.15 of the Revised Code or a similar law of another	44809
state or a foreign jurisdiction in connection with the	44810
manufacture, distribution, or dispensing of a controlled substance	44811
or the possession with intent to manufacture, distribute, or	44812
dispense a controlled substance, the person shall be disqualified	44813
for life, in addition to any other penalty imposed by the Revised	44814
Code;	44815

(4) Upon a first conviction for a violation of division (J)	44816
of section 4506.15 of the Revised Code or a similar law of another	44817
state or a foreign jurisdiction, occurring in a three-year period,	44818
the person shall be disqualified for not less than sixty days,	44819
upon a second conviction occurring in the three-year period, the	44820
person shall be disqualified for not less than one hundred twenty	44821
days, and upon a subsequent conviction occurring within a	44822
three-year period, the person shall be disqualified for not less	44823
than one year;	44824

(5) Upon conviction of two serious traffic violations	44825
involving the operation of a commercial motor vehicle by the	44826
person and arising from separate incidents occurring in a	44827
three-year period, the person shall be disqualified for sixty	44828
days, in addition to any other penalty imposed by the Revised	44829
Code;	44830

(6) Upon conviction of three serious traffic violations	44831
involving the operation of a commercial motor vehicle by the	44832
person and arising from separate incidents occurring in a	44833
three-year period, the person shall be disqualified for one	44834
hundred twenty days, in addition to any other penalty imposed by	44835
the Revised Code.	44836

(C) For the purposes of this section, conviction of a	44837
violation for which disqualification is required may be evidenced	44838
by any of the following:	44839

(1) A judgment entry of a court of competent jurisdiction in	44840
this or any other state;	44841

(2) An administrative order of a state agency of this or any	44842
other state having statutory jurisdiction over commercial drivers;	44843

(3) A computer record obtained from or through the commercial	44844
driver's license information system;	44845

(4) A computer record obtained from or through a state agency	44846
of this or any other state having statutory jurisdiction over	44847
commercial drivers or the records of commercial drivers.	44848

(D) Any record described in division (C) of this section	44849
shall be deemed to be self-authenticating when it is received by	44850
the bureau of motor vehicles.	44851

(E) When disqualifying a driver, the registrar shall cause	44852
the records of the bureau to be updated to reflect that action	44853
within ten days after it occurs.	44854

(F) The registrar immediately shall notify a driver who is	44855
finally convicted of any offense described in section 4506.15 of	44856
the Revised Code or division (B)(3), (4), (5), or (6) of this	44857
section and thereby is subject to disqualification, of the offense	44858
or offenses involved, of the length of time for which	44859
disqualification is to be imposed, and that the driver may request	44860
a hearing within thirty days of the mailing of the notice to show	44861
cause why the driver should not be disqualified from operating a	44862
commercial motor vehicle. If a request for such a hearing is not	44863
made within thirty days of the mailing of the notice, the order of	44864
disqualification is final. The registrar may designate hearing	44865
examiners who, after affording all parties reasonable notice,	44866
shall conduct a hearing to determine whether the disqualification	44867
order is supported by reliable evidence. The registrar shall adopt	44868
rules to implement this division.	44869

(G) Any person who is disqualified from operating a	44870
commercial motor vehicle under this section may apply to the	44871
registrar for a driver's license to operate a motor vehicle other	44872
than a commercial motor vehicle, provided the person's commercial	44873
driver's license is not otherwise suspended or revoked. A person	44874
whose commercial driver's license is suspended or revoked shall	44875
not apply to the registrar for or receive a driver's license under	44876
Chapter 4507. of the Revised Code during the period of suspension	44877
or revocation.	44878

(H) The disqualifications imposed under this section are in	44879
addition to any other penalty imposed by the Revised Code.	44880

Sec. 4506.20.  (A) Each employer shall require every	44881
applicant for employment as a driver of a commercial motor vehicle	44882
to provide the information specified in section 4506.20 of the	44883
Revised Code.	44884

(B) No employer shall knowingly permit or authorize any	44885
driver employed by himthe employer to drive a commercial motor	44886
vehicle during any period in which any of the following apply:	44887

(1) The driver's commercial driver's license is suspended,	44888
revoked, or canceled by any state or a foreign jurisdiction;	44889

(2) The driver has lost histhe privilege to drive, or	44890
currently is disqualified from driving, a commercial motor vehicle	44891
in any state or foreign jurisdiction;	44892

(3) The driver is subject to an out-of-service order in any	44893
state or foreign jurisdiction;	44894

(4) The driver has more than one driver's license.

44895

(C) No employer shall knowingly permit or authorize a driver	44896
to operate a commercial motor vehicle in violation of section	44897
4506.15 of the Revised Code.	44898

(D) Whoever violates division (C) of this section may be	44899
assessed a fine not to exceed ten thousand dollars.	44900

Sec. 4506.24.  (A) A restricted commercial driver's license	44901
and waiver for farm-related service industries may be issued by	44902
the registrar of motor vehicles to allow a person to operate a	44903
commercial motor vehicle during seasonal periods determined by the	44904
registrar and subject to the restrictions set forth in this	44905
section.	44906

(B) Upon receiving an application for a restricted commercial	44907
driver's license under section 4506.07 of the Revised Code and	44908
payment of a fee as provided in section 4506.08 of the Revised	44909
Code, the registrar may issue such license to any person who meets	44910
all of the following requirements:	44911

(1) Has at least one year of driving experience in any type	44912
of vehicle;	44913

(2) Holds a valid driver's license, other than a restricted	44914
license, issued under Chapter 4507. of the Revised Code;	44915

(3) Certifies that during the one-yeartwo-year period	44916
immediately preceding application, all of the following apply:	44917

(a) The person has not had more than one license;

44918

(b) The person has not had any license suspended, revoked, or	44919
canceled;	44920

(c) The person has not had any convictions for any type of	44921
motor vehicle for the offenses for which disqualification is	44922
prescribed in section 4506.16 of the Revised Code;	44923

(d) The person has not had any violation of a state or local	44924
law relating to motor vehicle traffic control other than a parking	44925
violation arising in connection with any traffic accident and has	44926
no record of an accident in which the person was at fault.	44927

(4) Certifies and also provides evidence that the person is	44928
employed in one or more of the following farm-related service	44929
industries requiring the person to operate a commercial motor	44930
vehicle:	44931

(a) Custom harvesters;

44932

(b) Farm retail outlets and suppliers;

44933

(c) Agri-chemical business;

44934

(d) Livestock feeders.

44935

(C) An annual waiver for farm-related service industries may	44936
be issued to authorize the holder of a restricted commercial	44937
driver's license to operate a commercial motor vehicle during	44938
seasonal periods designated by the registrar. The registrar shall	44939
determine the format of the waiver. The total number of days that	44940
a person may operate a commercial motor vehicle pursuant to a	44941
waiver for farm-related service industries shall not exceed one	44942
hundred eighty days in any twelve-month period. Each time the	44943
holder of a restricted commercial driver's license applies for a	44944
waiver for farm-related service industries, the registrar shall	44945
verify that the person meets all of the requirements set forth in	44946
division (B) of this section. The restricted commercial driver's	44947
license and waiver shall be carried at all times when a commercial	44948
motor vehicle is being operated by the holder of the license and	44949
waiver.	44950

(D) The holder of a restricted commercial driver's license	44951
and valid waiver for farm-related service industries may operate a	44952
class B or C commercial motor vehicle subject to all of the	44953
following restrictions:	44954

(1) The commercial motor vehicle is operated within a	44955
distance of no more than one hundred fifty miles of the employer's	44956
place of business or the farm currently being served;	44957

(2) The operation of the commercial motor vehicle does not	44958
involve transporting hazardous materials for which placarding is	44959
required, except as follows:	44960

(a) Diesel fuel in quantities of one thousand gallons or	44961
less;	44962

(b) Liquid fertilizers in vehicles or implements of husbandry	44963
with total capacities of three thousand gallons or less;	44964

(c) Solid fertilizers that are not transported with any	44965
organic substance.	44966

(E) Except as otherwise provided in this section an applicant	44967
for or holder of a restricted commercial driver's license and	44968
waiver for farm-related service industries is subject to the	44969
provisions of this chapter. Divisions (A)(4) and (B)(1) of section	44970
4506.07 and sections 4506.09 and 4506.10 of the Revised Code do	44971
not apply to an applicant for a restricted commercial driver's	44972
license and waiver.	44973

Sec. 4508.08.  There is hereby created in the department of	44974
public safety the motorcycle safety and education program. The	44975
director of public safety shall administer the program in	44976
accordance with the following guidelines:	44977

(A) The program shall include courses of instruction	44978
conducted at vocational schools, community colleges, or other	44979
suitable locations, by instructors who have obtained certification	44980
in the manner and form prescribed by the director. The courses	44981
shall meet standards established in rules adopted by the	44982
motorcycle safety foundation for courses of instructiondepartment	44983
in motorcycle safety and educationaccordance with Chapter 119. of	44984
the Revised Code. The courses may include instruction for novice	44985
motorcycle operators, instruction in motorist awareness and	44986
alcohol and drug awareness, and any other kind of instruction the	44987
director considers appropriate. A reasonable tuition fee of not	44988
more than twenty-five dollars per student, as determined by the	44989
director, may be charged for each course if sufficient funds are	44990
not available in. The director may authorize private organizations	44991
or corporations to offer courses without tuition fee restrictions,	44992
but such entities are not eligible for reimbursement of expenses	44993
or subsidies from the motorcycle safety and education fund created	44994
in section 4501.13 of the Revised Code to pay all of the costs of	44995
conducting the motorcycle safety and education program.	44996

(B) In addition to courses of instruction, the program may	44997
include provisions for equipment purchases, marketing and	44998
promotion, improving motorcycle license testing procedures, and	44999
any other provisions the director considers appropriate.	45000

(C) The director shall evaluate the program every two years	45001
and shall periodically inspect the facilities, equipment, and	45002
procedures used in the courses of instruction.	45003

(D) The director shall appoint at least one training	45004
specialist who shall oversee the operation of the program,	45005
establish courses of instruction, and supervise instructors. The	45006
training specialist shall be a licensed motorcycle operator and	45007
shall obtain certification in the manner and form prescribed by	45008
the director.	45009

(E) The director may contract with other public agencies or	45010
with private organizations or corporations to assist in	45011
administering the program.	45012

(F) Notwithstanding any provision of Chapter 102. of the	45013
Revised Code, the director, in order to administer the program,	45014
may participate in a motorcycle manufacturer's motorcycle loan	45015
program.	45016

(G) The director shall contract with an insurance company or	45017
companies authorized to do business in this state to purchase a	45018
policy or policies of insurance with respect to the establishment	45019
or administration, or any other aspect of the operation of the	45020
program.	45021

Sec. 4509.60.  Upon acceptance of a bond with individual	45022
sureties, the registrar of motor vehicles shall forward to the	45023
county recorder of the county in which the sureties' real estate	45024
is located a notice of such deposit and pay the recorder a base	45025
fee of five dollars for filing and indexing the notice and a	45026
housing trust fund fee of five dollars pursuant to section 317.36	45027
of the Revised Code. The recorder shall receive and file such	45028
notice and keep and index the same. Such bond shall constitute a	45029
lien in favor of the state upon the real estate so scheduled or	45030
any surety, and the lien shall exist in favor of any holder of a	45031
final judgment against the person who has filed the bond, for	45032
damages, including damages for care and loss of services, because	45033
of bodily injury to or death of any person, or for damage because	45034
of injury to property, including the loss of use thereof,	45035
resulting from the ownership, maintenance, or use of a motor	45036
vehicle after such bond was filed, upon the filing of notice to	45037
that effect by the registrar with the county recorder as provided	45038
in this section.	45039

Sec. 4511.198. If the United States congress repeals the	45040
mandate established by Title III, Section 351 of the "Department	45041
of Transportation Appropriations Act of 2000," Public Law 106-346,	45042
114 Stat. 1356, requiring the secretary of transportation,	45043
beginning in fiscal year 2004, to withhold a percentage of a	45044
state's federal-aid highway money if that state has not enacted	45045
and is not enforcing a law that provides that any person with a	45046
blood alcohol concentration of eight-hundredths of one per cent or	45047
greater while operating a motor vehicle in the state is deemed to	45048
have committed a per se offense of driving while intoxicated or an	45049
equivalent per se offense, or if a federal court with jurisdiction	45050
over the entirety of this state declares the mandate to be	45051
unconstitutional or otherwise invalid, then, in lieu of the	45052
prohibited alcohol concentrations specified in sections 1547.11,	45053
4511.19, 4511.191, and 4511.197 of the Revised Code, the	45054
prohibited concentrations shall be as follows:	45055

(A) The prohibited alcohol concentration in a person's whole	45056
blood is ten-hundredths of one per cent by weight of alcohol per	45057
unit volume.	45058

(B) The prohibited alcohol concentration in a person's breath	45059
is ten-hundredths of one gram by weight of alcohol per two hundred	45060
ten liters of breath.	45061

(C) The prohibited alcohol concentration in a person's blood	45062
serum or plasma is twelve-hundredths of one per cent by weight per	45063
unit volume.	45064

(D) The prohibited alcohol concentration in a person's urine	45065
is fourteen-hundredths of one gram by weight of alcohol per one	45066
hundred milliliters of urine.	45067

Sec. 4511.33.  Whenever any roadway has been divided into two	45068
or more clearly marked lanes for traffic, or wherever within	45069
municipal corporations traffic is lawfully moving in two or more	45070
substantially continuous lines in the same direction, the	45071
following rules apply:	45072

(A) A vehicle or trackless trolley shall be driven, as nearly	45073
as is practicable, entirely within a single lane or line of	45074
traffic and shall not be moved from such lane or line until the	45075
driver has first ascertained that such movement can be made with	45076
safety.	45077

(B) Upon a roadway which is divided into three lanes and	45078
provides for two-way movement of traffic, a vehicle or trackless	45079
trolley shall not be driven in the center lane except when	45080
overtaking and passing another vehicle or trackless trolley where	45081
the roadway is clearly visible and such center lane is clear of	45082
traffic within a safe distance, or when preparing for a left turn,	45083
or where such center lane is at the time allocated exclusively to	45084
traffic moving in the direction the vehicle or trackless trolley	45085
is proceeding and is posted with signs to give notice of such	45086
allocation.	45087

(C) Official signs may be erected directing specified traffic	45088
to use a designated lane or designating those lanes to be used by	45089
traffic moving in a particular direction regardless of the center	45090
of the roadway, or restricting the use of a particular lane to	45091
only buses during certain hours or during all hours, and drivers	45092
of vehicles and trackless trolleys shall obey the directions of	45093
such signs.	45094

(D) Official traffic control devices may be installed	45095
prohibiting the changing of lanes on sections of roadway and	45096
drivers of vehicles shall obey the directions of every such	45097
device.	45098

Sec. 4511.62.  (A)(1) Whenever any person driving a vehicle	45099
or trackless trolley approaches a railroad grade crossing, the	45100
person shall stop within fifty feet, but not less than fifteen	45101
feet from the nearest rail of the railroad if any of the following	45102
circumstances exist at the crossing:	45103

(a) A clearly visible electric or mechanical signal device	45104
gives warning of the immediate approach of a train.	45105

(b) A crossing gate is lowered.

45106

(c) A flagperson gives or continues to give a signal of the	45107
approach or passage of a train.	45108

(d) There is insufficient space on the other side of the	45109
railroad grade crossing to accommodate the vehicle or trackless	45110
trolley the person is operating without obstructing the passage of	45111
other vehicles, trackless trolleys, pedestrians, or railroad	45112
trains, notwithstanding any traffic control signal indication to	45113
proceed.	45114

(e) An approaching train is emitting an audible signal or is	45115
plainly visible and is in hazardous proximity to the crossing.	45116

(f) There is insufficient undercarriage clearance to safely	45117
negotiate the crossing.	45118

(2) A person who is driving a vehicle or trackless trolley	45119
and who approaches a railroad grade crossing shall not proceed as	45120
long as any of the circumstances described in divisions (A)(1)(a)	45121
to (e)(f) of this section exist at the crossing.	45122

(B) No person shall drive any vehicle through, around, or	45123
under any crossing gate or barrier at a railroad crossing while	45124
the gate or barrier is closed or is being opened or closed unless	45125
the person is signaled by a law enforcement officer or flagperson	45126
that it is permissible to do so.	45127

Sec. 4511.63.  (A) The operator of any motor vehicle or	45128
trackless trolley, carrying passengers, for hire, of any school	45129
bus, any vehicle described in division (C) of this section, or of	45130
any vehicle carrying explosives or flammable liquids as a cargo or	45131
as such part of a cargo astransporting material required to	45132
constitute a hazardbe placarded under 49 CFR Parts 100-185,	45133
before crossing at grade any track of a railroad, shall stop the	45134
vehicle or trackless trolley and, while so stopped, shall listen	45135
through an open door or open window and look in both directions	45136
along the track for any approaching train, and for signals	45137
indicating the approach of a train, and shall proceed only upon	45138
exercising due care after stopping, looking, and listening as	45139
required by this section. Upon proceeding, the operator of such a	45140
vehicle shall cross only in a gear that will ensure there will be	45141
no necessity for changing gears while traversing the crossing and	45142
shall not shift gears while crossing the tracks.	45143

(B) This section does not apply at any of the following:

45144

(1) Streetstreet railway grade crossings within a municipal	45145
corporation, or to abandoned tracks, spur tracks, side tracks, and	45146
industrial tracks when the public utilities commission has	45147
authorized and approved the crossing of the tracks without making	45148
the stop required by this section;	45149

(2) Through June 30, 1995, a street railway grade crossing	45150
where out-of-service signs are posted in accordance with section	45151
4955.37 of the Revised Code.	45152

(C) This section applies to any vehicle used for the	45153
transportation of pupils to and from a school or school-related	45154
function if the vehicle is owned or operated by, or operated under	45155
contract with, a public or nonpublic school.	45156

(D) For purposes of this section, "bus" means any vehicle	45157
originally designed by its manufacturer to transport sixteen or	45158
more passengers, including the driver, or carries sixteen or more	45159
passengers, including the driver.	45160

Sec. 4519.55.  Application for a certificate of title for an	45161
off-highway motorcycle or all-purpose vehicle shall be made upon a	45162
form prescribed by the registrar of motor vehicles and shall be	45163
sworn to before a notary public or other officer empowered to	45164
administer oaths. The application shall be filed with the clerk of	45165
any court of common pleas. An application for a certificate of	45166
title may be filed electronically by any electronic means approved	45167
by the registrar in any county with the clerk of the court of	45168
common pleas of that county.	45169

If an application for a certificate of title is filed	45170
electronically by an electronic dealer on behalf of the purchaser	45171
of an off-highway motorcycle or all-purpose vehicle, the clerk	45172
shall retain the completed electronic record to which the dealer	45173
converted the certificate of title application and other required	45174
documents. The electronic dealer shall forwardretain the actual	45175
original title application and all other documents relating to the	45176
sale of the off-highway motorcycle or all-purpose vehicle to any	45177
clerk within thirty days after the certificate of title is issued.	45178
The registrar, after consultation with the attorney general, shall	45179
adopt rules that govern the location at which, and the manner in	45180
which, are stored the actual application and all other documents	45181
relating to the sale of an off-highway motorcycle or all-purpose	45182
vehicle when an electronic dealer files the application for a	45183
certificate of title electronically on behalf of the purchaserfor	45184
a period of time determined by the registrar and shall make all of	45185
the documents available for inspection by the registrar upon the	45186
registrar's request. The registrar shall make the original	45187
application documents available to the attorney general upon the	45188
request of the attorney general.	45189

The application shall be accompanied by the fee prescribed in	45190
section 4519.59 of the Revised Code. The fee shall be retained by	45191
the clerk who issues the certificate of title and shall be	45192
distributed in accordance with that section. If a clerk of a court	45193
of common pleas, other than the clerk of the court of common pleas	45194
of an applicant's county of residence, issues a certificate of	45195
title to the applicant, the clerk shall transmit data related to	45196
the transaction to the automated title processing system.	45197

If a certificate of title previously has been issued for an	45198
off-highway motorcycle or all-purpose vehicle, the application	45199
also shall be accompanied by the certificate of title duly	45200
assigned, unless otherwise provided in this chapter. If a	45201
certificate of title previously has not been issued for the	45202
off-highway motorcycle or all-purpose vehicle, the application,	45203
unless otherwise provided in this chapter, shall be accompanied by	45204
a manufacturer's or importer's certificate; by a sworn statement	45205
of ownership; or by a certificate of title, bill of sale, or other	45206
evidence of ownership required by law of another state from which	45207
the off-highway motorcycle or all-purpose vehicle was brought into	45208
this state. The registrar, in accordance with Chapter 119. of the	45209
Revised Code, shall prescribe the types of additional	45210
documentation sufficient to establish proof of ownership,	45211
including, but not limited to, receipts from the purchase of parts	45212
or components, photographs, and affidavits of other persons.	45213

For purposes of the transfer of a certificate of title, if	45214
the clerk is satisfied that a secured party has duly discharged a	45215
lien notation but has not canceled the lien notation with a clerk,	45216
the clerk may cancel the lien notation on the automated title	45217
processing system and notify the clerk of the county of origin.	45218

In the case of the sale of an off-highway motorcycle or	45219
all-purpose vehicle by a dealer to a general purchaser or user,	45220
the certificate of title shall be obtained in the name of the	45221
purchaser by the dealer upon application signed by the purchaser.	45222
In all other cases, the certificate shall be obtained by the	45223
purchaser. In all cases of transfer of an off-highway motorcycle	45224
or all-purpose vehicle, the application for certificate of title	45225
shall be filed within thirty days after the later of the date of	45226
purchase or assignment of ownership of the off-highway motorcycle	45227
or all-purpose vehicle. If the application for certificate of	45228
title is not filed within thirty days after the later of the date	45229
of purchase or assignment of ownership of the off-highway	45230
motorcycle or all-purpose vehicle, the clerk shall charge a late	45231
filing fee of five dollars in addition to the fee prescribed by	45232
section 4519.59 of the Revised Code. The clerk shall retain the	45233
entire amount of each late filing fee.	45234

Except in the case of an off-highway motorcycle or	45235
all-purpose vehicle purchased prior to July 1, 1999, the clerk	45236
shall refuse to accept an application for certificate of title	45237
unless the applicant either tenders with the application payment	45238
of all taxes levied by or pursuant to Chapter 5739. or 5741. of	45239
the Revised Code based on the purchaser's county of residence, or	45240
submits either of the following:	45241

(A) A receipt issued by the tax commissioner or a clerk of	45242
courts showing payment of the tax;	45243

(B) An exemption certificate, in any form prescribed by the	45244
tax commissioner, that specifies why the purchase is not subject	45245
to the tax imposed by Chapter 5739. or 5741. of the Revised Code.	45246

Payment of the tax shall be made in accordance with division	45247
(E) of section 4505.06 of the Revised Code and any rules issued by	45248
the tax commissioner. When a dealer submits payment of the tax to	45249
the clerk, the dealer shall retain any discount to which the	45250
dealer is entitled under section 5739.12 of the Revised Code. The	45251
clerk shall issue a receipt in the form prescribed by the tax	45252
commissioner to any applicant who tenders payment of the tax with	45253
the application for a certificate of title. If the application for	45254
a certificate of title is for an off-highway motorcycle or	45255
all-purpose vehicle purchased prior to July 1, 1999, the clerk	45256
shall accept the application without payment of the taxes levied	45257
by or pursuant to Chapter 5739. or 5741. of the Revised Code or	45258
presentation of either of the items listed in division (A) or (B)	45259
of this section.	45260

For receiving and disbursing such taxes paid to the clerk by	45261
a resident of the clerk's county, the clerk may retain a poundage	45262
fee of one and one-hundredth per cent of the taxes collected,	45263
which shall be paid into the certificate of title administration	45264
fund created by section 325.33 of the Revised Code. The clerk	45265
shall not retain a poundage fee from payments of taxes by persons	45266
who do not reside in the clerk's county.	45267

A clerk, however, may retain from the taxes paid to the clerk	45268
an amount equal to the poundage fees associated with certificates	45269
of title issued by other clerks of courts of common pleas to	45270
applicants who reside in the first clerk's county. The registrar,	45271
in consultation with the tax commissioner and the clerks of the	45272
courts of common pleas, shall develop a report from the automated	45273
title processing system that informs each clerk of the amount of	45274
the poundage fees that the clerk is permitted to retain from those	45275
taxes because of certificates of title issued by the clerks of	45276
other counties to applicants who reside in the first clerk's	45277
county.	45278

In the case of casual sales of off-highway motorcycles or	45279
all-purpose vehicles that are subject to the tax imposed by	45280
Chapter 5739. or 5741. of the Revised Code, the purchase price for	45281
the purpose of determining the tax shall be the purchase price on	45282
an affidavit executed and filed with the clerk by the seller on a	45283
form to be prescribed by the registrar, which shall be prima-facie	45284
evidence of the price for the determination of the tax.	45285

In addition to the information required by section 4519.57 of	45286
the Revised Code, each certificate of title shall contain in bold	45287
lettering the following notification and statements: "WARNING TO	45288
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by	45289
law to state the true selling price. A false statement is in	45290
violation of section 2921.13 of the Revised Code and is punishable	45291
by six months imprisonment or a fine of up to one thousand	45292
dollars, or both. All transfers are audited by the department of	45293
taxation. The seller and buyer must provide any information	45294
requested by the department of taxation. The buyer may be assessed	45295
any additional tax found to be due."	45296

The clerk shall forward all payments of taxes, less poundage	45297
fees, to the treasurer of state in a manner to be prescribed by	45298
the tax commissioner and shall furnish information to the	45299
commissioner as the commissioner may require.	45300

Every clerk shall have the capability to transact by	45301
electronic means all procedures and transactions relating to the	45302
issuance of certificates of title for off-highway motorcycles and	45303
all-purpose vehicles that are described in the Revised Code as	45304
being accomplished by electronic means.	45305

Sec. 4707.071.  (A) On May 1, 1991, all persons licensed as	45306
auction companies under former section 4707.071 of the Revised	45307
Code shall comply with all provisions of this chapter that are	45308
applicable to auctioneers except as provided in divisions (B) and	45309
(C) of this section. Such persons, however, do not have to serve	45310
an apprenticeship or attend a course of study under section	45311
4707.09 of the Revised Code or submit to an examination under	45312
section 4707.08 of the Revised Code as long as they do not engage	45313
in the calling for, recognition of, and the acceptance of, offers	45314
for the purchase of personal property at auction and do not	45315
conduct auctions at any location other than the definite place of	45316
business required in section 4707.14 of the Revised Code.	45317

(B) The principal owner of each auction company whichthat is	45318
licensed as of May 1, 1991, who pays the annual renewal fee	45319
specified in division (A)(B) of section 4707.10 of the Revised	45320
Code during the first renewal period following May 1, 1991, shall	45321
be issued a special auctioneer's license, for the sale of personal	45322
property subject to division (A) of this section. Each principal	45323
owner shall apply for an annual license. In applying for an annual	45324
license, each person licensed as an auction company on May 1,	45325
1991, shall designate an individual as principal owner by	45326
submitting documentation substantiating that the individual is in	45327
fact the principal owner and shall identify a definite place of	45328
business as required in section 4707.14 of the Revised Code. A	45329
person licensed as an auctioneer shall not be entitled to a	45330
special auctioneer's license.	45331

(C) A special auctioneer's license issued under this section	45332
to the principal owner of a former auction company does not	45333
entitle the principal owner or former auction company to conduct	45334
auctions at any location other than the definite place of business	45335
required in section 4707.14 of the Revised Code. Notwithstanding	45336
section 4707.10 of the Revised Code, the department of agriculture	45337
shall not issue a new special auctioneer's license if the definite	45338
place of business identified by the licensee in the licensee's	45339
initial application for a special auctioneer license has changed	45340
or if the name under which the licensee is doing business has	45341
changed. No person other than an owner, officer, member, or agent	45342
of the former auction company who personally has passed the	45343
examination prescribed in section 4707.08 of the Revised Code and	45344
been licensed as an auctioneer shall engage in the calling for,	45345
recognition of, and the acceptance of, offers for the purchase of	45346
real or personal property, goods, or chattels at auction in	45347
connection with a former auction company that has been issued a	45348
special auctioneer's license.	45349

(D) A person licensed as a special auctioneer shall not	45350
engage in the sale of real property at auction.	45351

Sec. 4707.072. (A) For purposes of this section, the	45352
department of agriculture shall adopt rules in accordance with	45353
section 4707.19 of the Revised Code prescribing the fee that a	45354
license applicant must pay. Until those rules are adopted, a	45355
license applicant shall pay the fee established in this section.	45356

(B) The department of agriculture may grant one-auction	45357
licenses to any nonresident person deemed qualified by the	45358
department. Any person who applies for a one-auction license shall	45359
attest, on forms provided by the department, and furnish to the	45360
department, satisfactory proof that the license applicant or any	45361
auctioneer affiliated with the applicant meets the following	45362
requirements:	45363

(A)(1) Has a good reputation;

45364

(B)(2) Is of trustworthy character;

45365

(C)(3) Has attained the age of at least eighteen years;

45366

(D)(4) Has a general knowledge of the requirements of the	45367
Revised Code relative to auctioneers, the auction profession, and	45368
the principles involved in conducting an auction;	45369

(E)(5) Has two years of professional auctioneering experience	45370
immediately preceding the date of application and the experience	45371
includes the personal conduct by the applicant of at least twelve	45372
auction sales in any state, or has met the requirements of section	45373
4707.12 of the Revised Code;	45374

(F)(6) Has paid a fee of one hundred dollars, which shall be	45375
credited to the auctioneers fund;	45376

(G)(7) Has provided proof of financial responsibility as	45377
required under section 4707.11 of the Revised Codein the form of	45378
either an irrevocable letter of credit or a cash bond or a surety	45379
bond in the amount of fifty thousand dollars. If the applicant	45380
gives a surety bond, the bond shall be executed by a surety	45381
company authorized to do business in this state. A bond shall be	45382
made to the department and shall be conditioned that the applicant	45383
shall comply with this chapter and rules adopted under it,	45384
including refraining from conduct described in section 4707.15 of	45385
the Revised Code. All bonds shall be on a form approved by the	45386
director of agriculture.	45387

Sec. 4707.10.  (A) For purposes of this section, the	45388
department of agriculture shall adopt rules in accordance with	45389
section 4707.19 of the Revised Code prescribing fees that	45390
licensees must pay and license renewal deadlines and procedures	45391
with which licensees must comply. Until those rules are adopted,	45392
licensees shall pay the fees and comply with the license renewal	45393
deadlines and procedures established in this section.	45394

(B) The fee for each auctioneer's, apprentice auctioneer's,	45395
or special auctioneer's license issued by the department of	45396
agriculture is one hundred dollars, and the annual renewal fee for	45397
any such license is one hundred dollars. All licenses expire	45398
annually on the last day of June of each year and shall be renewed	45399
according to the standard renewal procedures of Chapter 4745. of	45400
the Revised Code, or the procedures of this section. Any licensee	45401
under this chapter who wishes to renew the licensee's license, but	45402
fails to do so before the first day of July shall reapply for	45403
licensure in the same manner and pursuant to the same requirements	45404
as for initial licensure, unless before the first day of September	45405
of the year of expiration, the former licensee pays to the	45406
department, in addition to the regular renewal fee, a late renewal	45407
penalty of one hundred dollars.	45408

(B)(C) Any person who fails to renew the person's license	45409
before the first day of July is prohibited from engaging in any	45410
activity specified or comprehended in section 4707.01 of the	45411
Revised Code until such time as the person's license is renewed or	45412
a new license is issued. Renewal of a license between the first	45413
day of July and the first day of September does not relieve any	45414
person from complying with this division. The department may	45415
refuse to renew the license of or issue a new license to any	45416
person who violates this division.	45417

(C)(D) The department shall prepare and deliver to each	45418
licensee a permanent license certificate and an annual renewal	45419
identification card, the appropriate portion of which shall be	45420
carried on the person of the licensee at all times when engaged in	45421
any type of auction activity, and part of which shall be posted	45422
with the permanent certificate in a conspicuous location at the	45423
licensee's place of business.	45424

(D)(E) Notice in writing shall be given to the department by	45425
each auctioneer or apprentice auctioneer licensee of any change of	45426
principal business location or any change or addition to the name	45427
or names under which business is conducted, whereupon the	45428
department shall issue a new license for the unexpired period. Any	45429
change of business location or change or addition of names without	45430
notification to the department shall automatically cancel any	45431
license previously issued. For each new auctioneer or apprentice	45432
auctioneer license issued upon the occasion of a change in	45433
business location or a change in or an addition of names under	45434
which business is conducted, the department may collect a fee of	45435
ten dollars for each change in location, or name or each added	45436
name unless the notification of the change occurs concurrently	45437
with the renewal application.	45438

Sec. 4707.24. Except for the purposes of divisions (A) and	45439
(B) of section 4707.25 of the Revised Code, sections 4707.25 to	45440
4707.31 of the Revised Code do not apply with respect to a license	45441
issued under section 4707.072 of the Revised Code.	45442

Sec. 4709.12.  (A) The barber board shall charge and collect	45443
the following fees:	45444

(1) For the application to take the barber examination, sixty	45445
ninety dollars;	45446

(2) For an application to retake any part of the barber	45447
examination, thirtyforty-five dollars;	45448

(3) For the initial issuance of a license to practice as a	45449
barber, twentythirty dollars;	45450

(4) For the biennial renewal of the license to practice as a	45451
barber, seventy-fiveone hundred ten dollars;	45452

(5) For the restoration of an expired barber license, one	45453
hundred dollars, and fiftyseventy-five dollars for each lapsed	45454
year, provided that the total fee shall not exceed foursix	45455
hundred sixtyninety dollars;	45456

(6) For the issuance of a duplicate barber or shop license,	45457
thirtyforty-five dollars;	45458

(7) For the inspection of a new barber shop, change of	45459
ownership, or reopening of premises or facilities formerly	45460
operated as a barber shop, and issuance of a shop license,	45461
seventy-fiveone hundred ten dollars;	45462

(8) For the biennial renewal of a barber shop license, fifty	45463
seventy-five dollars;	45464

(9) For the restoration of a barber shop license,	45465
seventy-fiveone hundred ten dollars;	45466

(10) For each inspection of premises for location of a new	45467
barber school, or each inspection of premises for relocation of a	45468
currently licensed barber school, fiveseven hundred fifty	45469
dollars;	45470

(11) For the initial barber school license, five hundredone	45471
thousand dollars, and five hundredone thousand dollars for the	45472
renewal of the license;	45473

(12) For the restoration of a barber school license, six	45474
hundredone thousand dollars;	45475

(13) For the issuance of a student registration, twenty-five	45476
forty dollars;	45477

(14) For the examination and issuance of a biennial teacher	45478
or assistant teacher license, one hundred twenty-fiveeighty-five	45479
dollars;	45480

(15) For the renewal of a biennial teacher or assistant	45481
teacher license, one hundred fifty dollars;	45482

(16) For the restoration of an expired teacher or assistant	45483
teacher license, onetwo hundred fiftytwenty-five dollars, and	45484
fortysixty dollars for each lapsed year, provided that the total	45485
fee shall not exceed threefour hundred fifty dollars;	45486

(17) For the issuance of a barber license by reciprocity	45487
pursuant to section 4709.08 of the Revised Code, twothree hundred	45488
dollars;	45489

(18) For providing licensure information concerning an	45490
applicant, upon written request of the applicant, twenty-five	45491
forty dollars.	45492

(B) The board, subject to the approval of the controlling	45493
board, may establish fees in excess of the amounts provided in	45494
this section, provided that the fees do not exceed the amounts	45495
permitted by this section by more than fifty per cent.	45496

Sec. 4717.07.  (A) The board of embalmers and funeral	45497
directors shall charge and collect the following fees:	45498

(1) For the initial issuance or biennial renewal of an	45499
initial embalmer's or funeral director's license, fiveone hundred	45500
forty dollars;	45501

(2) For the issuance of an embalmer or funeral director	45502
registration, twenty-fiveone hundred dollars;	45503

(3) For filing an embalmer or funeral director certificate of	45504
apprenticeship, tenfifty dollars;	45505

(4) For the application to take the examination for a license	45506
to practice as an embalmer or funeral director, or to retake a	45507
section of the examination, thirty-five dollars;	45508

(5) For the biennial renewal of an embalmer's or funeral	45509
director's license, one hundred twenty dollars;	45510

(6) For the initial issuance of a license to operate a	45511
funeral home, onetwo hundred twenty-fivefifty dollars and	45512
biennial renewal of a license to operate a funeral home, two	45513
hundred fifty dollars;	45514

(7)(6) For the reinstatement of a lapsed embalmer's or	45515
funeral director's license, the renewal fee prescribed in division	45516
(A)(5) of this section plus fifty dollars for each month or	45517
portion of a month the license is lapsed until reinstatement;	45518

(8)(7) For the reinstatement of a lapsed license to operate a	45519
funeral home, the renewal fee prescribed in division (A)(6) of	45520
this section plus fifty dollars for each month or portion of a	45521
month the license is lapsed until reinstatement;	45522

(9)(8) For the initial issuance of a license to operate an	45523
embalming facility, onetwo hundred dollars and biennial renewal	45524
of a license to operate an embalming facility, two hundred	45525
dollars;	45526

(10)(9) For the reinstatement of a lapsed license to operate	45527
an embalming facility, the renewal fee prescribed in division	45528
(A)(9) of this section plus fifty dollars for each month or	45529
portion of a month the license is lapsed until reinstatement;	45530

(11)(10) For the initial issuance of a license to operate a	45531
crematory facility, onetwo hundred dollars and biennial renewal	45532
of a license to operate a crematory facility, two hundred dollars;	45533

(12)(11) For the reinstatement of a lapsed license to operate	45534
a crematory facility, the renewal fee prescribed in division	45535
(A)(11) of this section plus fifty dollars for each month or	45536
portion of a month the license is lapsed until reinstatement;	45537

(13)(12) For the issuance of a duplicate of a license issued	45538
under this chapter, four dollars.	45539

(B) In addition to the fees set forth in division (A) of this	45540
section, an applicant shall pay the examination fee assessed by	45541
any examining agency the board uses for any section of an	45542
examination required under this chapter.	45543

(C) Subject to the approval of the controlling board, the	45544
board of embalmers and funeral directors may establish fees in	45545
excess of the amounts set forth in this section, provided that	45546
these fees do not exceed the amounts set forth in this section by	45547
more than fifty per cent.	45548

Sec. 4717.09.  (A) Every two years, licensed embalmers and	45549
funeral directors shall attend between twelve and thirty hours of	45550
educational programs as a condition for renewal of their licenses.	45551
The board of embalmers and funeral directors shall adopt rules	45552
governing the administration and enforcement of the continuing	45553
education requirements of this section. The board may contract	45554
with a professional organization or association or other third	45555
party to assist it in performing functions necessary to administer	45556
and enforce the continuing education requirements of this section.	45557
A professional organization or association or other third party	45558
with whom the board so contracts may charge a reasonable fee for	45559
performing these functions to licensees or to the persons who	45560
provide continuing education programs.	45561

(B) A person holding both an embalmer's license and a funeral	45562
director's license need meet only the continuing education	45563
requirements established by the board for one or the other of	45564
those licenses in order to satisfy the requirement of division (A)	45565
of this section.	45566

(C) The board shall not renew the license of a licensee who	45567
fails to meet the continuing education requirements of this	45568
section and who has not been granted a waiver or exemption under	45569
division (D) or (E) of this section.	45570

(D) Any licensee who fails to meet the continuing education	45571
requirements of this section because of undue hardship or	45572
disability, or who is not actively engaged in the practice of	45573
funeral directing or embalming in this state, may apply to the	45574
board for a waiver or an exemption. The	45575

(E) A licensee who has been an embalmer or a funeral director	45576
for not less than fifty years and is not actually in charge of an	45577
embalming facility or a manager or actually in charge of and	45578
ultimately responsible for a funeral home may apply to the board	45579
for an exemption.	45580

(F) The board shall determine, by rule, the procedures for	45581
applying for a waiver or an exemption from continuing education	45582
requirements under this section and under what conditions a waiver	45583
or an exemption may be granted.	45584

Sec. 4719.01.  (A) As used in sections 4719.01 to 4719.18 of	45585
the Revised Code:	45586

(1) "Affiliate" means a business entity that is owned by,	45587
operated by, controlled by, or under common control with another	45588
business entity.	45589

(2) "Communication" means a written or oral notification or	45590
advertisement that meets both of the following criteria, as	45591
applicable:	45592

(a) The notification or advertisement is transmitted by or on	45593
behalf of the seller of goods or services and by or through any	45594
printed, audio, video, cinematic, telephonic, or electronic means.	45595

(b) In the case of a notification or advertisement other than	45596
by telephone, either of the following conditions is met:	45597

(i) The notification or advertisement is followed by a	45598
telephone call from a telephone solicitor or salesperson.	45599

(ii) The notification or advertisement invites a response by	45600
telephone, and, during the course of that response, a telephone	45601
solicitor or salesperson attempts to make or makes a sale of goods	45602
or services. As used in division (A)(2)(b)(ii) of this section,	45603
"invites a response by telephone" excludes the mere listing or	45604
inclusion of a telephone number in a notification or	45605
advertisement.	45606

(3) "Gift, award, or prize" means anything of value that is	45607
offered or purportedly offered, or given or purportedly given by	45608
chance, at no cost to the receiver and with no obligation to	45609
purchase goods or services. As used in this division, "chance"	45610
includes a situation in which a person is guaranteed to receive an	45611
item and, at the time of the offer or purported offer, the	45612
telephone solicitor does not identify the specific item that the	45613
person will receive.	45614

(4) "Goods or services" means any real property or any	45615
tangible or intangible personal property, or services of any kind	45616
provided or offered to a person. "Goods or services" includes, but	45617
is not limited to, advertising; labor performed for the benefit of	45618
a person; personal property intended to be attached to or	45619
installed in any real property, regardless of whether it is so	45620
attached or installed; timeshare estates or licenses; and extended	45621
service contracts.	45622

(5) "Purchaser" means a person that is solicited to become or	45623
does become financially obligated as a result of a telephone	45624
solicitation.	45625

(6) "Salesperson" means an individual who is employed,	45626
appointed, or authorized by a telephone solicitor to make	45627
telephone solicitations but does not mean any of the following:	45628

(a) An individual who comes within one of the exemptions in	45629
division (B) of this section;	45630

(b) An individual employed, appointed, or authorized by a	45631
person who comes within one of the exemptions in division (B) of	45632
this section;	45633

(c) An individual under a written contract with a person who	45634
comes within one of the exemptions in division (B) of this	45635
section, if liability for all transactions with purchasers is	45636
assumed by the person so exempted.	45637

(7) "Telephone solicitation" means a communication to a	45638
person that meets both of the following criteria:	45639

(a) The communication is initiated by or on behalf of a	45640
telephone solicitor or by a salesperson.	45641

(b) The communication either represents a price or the	45642
quality or availability of goods or services or is used to induce	45643
the person to purchase goods or services, including, but not	45644
limited to, inducement through the offering of a gift, award, or	45645
prize.	45646

(8) "Telephone solicitor" means a person that engages in	45647
telephone solicitation directly or through one or more	45648
salespersons either from a location in this state, or from a	45649
location outside this state to persons in this state. "Telephone	45650
solicitor" includes, but is not limited to, any such person that	45651
is an owner, operator, officer, or director of, partner in, or	45652
other individual engaged in the management activities of, a	45653
business.	45654

(B) A telephone solicitor is exempt from the provisions of	45655
sections 4719.02 to 4719.18 and section 4719.99 of the Revised	45656
Code if the telephone solicitor is any one of the following:	45657

(1) A person engaging in a telephone solicitation that is a	45658
one-time or infrequent transaction not done in the course of a	45659
pattern of repeated transactions of a like nature;	45660

(2) A person engaged in telephone solicitation solely for	45661
religious or political purposes; a charitable organization,	45662
fund-raising counsel, or professional solicitor in compliance with	45663
the registration and reporting requirements of Chapter 1716. of	45664
the Revised Code; or any person or other entity exempt under	45665
section 1716.03 of the Revised Code from filing a registration	45666
statement under section 1716.02 of the Revised Code;	45667

(3) A person, making a telephone solicitation involving a	45668
home solicitation sale as defined in section 1345.21 of the	45669
Revised Code, that makes the sales presentation and completes the	45670
sale at a later, face-to-face meeting between the seller and the	45671
purchaser rather than during the telephone solicitation. However,	45672
if the person, following the telephone solicitation, causes	45673
another person to collect the payment of any money, this exemption	45674
does not apply.	45675

(4) A licensed securities, commodities, or investment broker,	45676
dealer, investment advisor, or associated person when making a	45677
telephone solicitation within the scope of the person's license.	45678
As used in division (B)(4) of this section, "licensed securities,	45679
commodities, or investment broker, dealer, investment advisor, or	45680
associated person" means a person subject to licensure or	45681
registration as such by the securities and exchange commission;	45682
the National Association of Securities Dealers or other	45683
self-regulatory organization, as defined by 15 U.S.C.A. 78c; by	45684
the division of securities under Chapter 1707. of the Revised	45685
Code; or by an official or agency of any other state of the United	45686
States.	45687

(5)(a) A person primarily engaged in soliciting the sale of a	45688
newspaper of general circulation;	45689

(b) As used in division (B)(5)(a) of this section, "newspaper	45690
of general circulation" includes, but is not limited to, both of	45691
the following:	45692

(i) A newspaper that is a daily law journal designated as an	45693
official publisher of court calendars pursuant to section 2701.09	45694
of the Revised Code;	45695

(ii) A newspaper or publication that has at least twenty-five	45696
per cent editorial, non-advertising content, exclusive of inserts,	45697
measured relative to total publication space, and an audited	45698
circulation to at least fifty per cent of the households in the	45699
newspaper's retail trade zone as defined by the audit.	45700

(6)(a) An issuer, or its subsidiary, that has a class of	45701
securities to which all of the following apply:	45702

(i) The class of securities is subject to section 12 of the	45703
"Securities Exchange Act of 1934," 15 U.S.C.A. 78l, and is	45704
registered or is exempt from registration under 15 U.S.C.A.	45705
78l(g)(2)(A), (B), (C), (E), (F), (G), or (H);	45706

(ii) The class of securities is listed on the New York stock	45707
exchange, the American stock exchange, or the NASDAQ national	45708
market system;	45709

(iii) The class of securities is a reported security as	45710
defined in 17 C.F.R. 240.11Aa3-1(a)(4).	45711

(b) An issuer, or its subsidiary, that formerly had a class	45712
of securities that met the criteria set forth in division	45713
(B)(6)(a) of this section if the issuer, or its subsidiary, has a	45714
net worth in excess of one hundred million dollars, files or its	45715
parent files with the securities and exchange commission an S.E.C.	45716
form 10-K, and has continued in substantially the same business	45717
since it had a class of securities that met the criteria in	45718
division (B)(6)(a) of this section. As used in division (B)(6)(b)	45719
of this section, "issuer" and "subsidiary" include the successor	45720
to an issuer or subsidiary.	45721

(7) A person soliciting a transaction regulated by the	45722
commodity futures trading commission, if the person is registered	45723
or temporarily registered for that activity with the commission	45724
under 7 U.S.C.A. 1 et. seq. and the registration or temporary	45725
registration has not expired or been suspended or revoked;	45726

(8) A person soliciting the sale of any book, record, audio	45727
tape, compact disc, or video, if the person allows the purchaser	45728
to review the merchandise for at least seven days and provides a	45729
full refund within thirty days to a purchaser who returns the	45730
merchandise or if the person solicits the sale on behalf of a	45731
membership club operating in compliance with regulations adopted	45732
by the federal trade commission in 16 C.F.R. 425;	45733

(9) A supervised financial institution or its subsidiary. As	45734
used in division (B)(9) of this section, "supervised financial	45735
institution" means a bank, trust company, savings and loan	45736
association, savings bank, credit union, industrial loan company,	45737
consumer finance lender, commercial finance lender, or institution	45738
described in section 2(c)(2)(F) of the "Bank Holding Company Act	45739
of 1956," 12 U.S.C.A. 1841(c)(2)(F), as amended, supervised by an	45740
official or agency of the United States, this state, or any other	45741
state of the United States; or a licensee or registrant under	45742
sections 1321.01 to 1321.19, 1321.51 to 1321.60, or 1321.71 to	45743
1321.83 of the Revised Code.	45744

(10)(a) An insurance company, association, or other	45745
organization that is licensed or authorized to conduct business in	45746
this state by the superintendent of insurance pursuant to Title	45747
XXXIX of the Revised Code or Chapter 1751. of the Revised Code,	45748
when soliciting within the scope of its license or authorization.	45749

(b) A licensed insurance broker, agent, or solicitor when	45750
soliciting within the scope of the person's license. As used in	45751
division (B)(10)(b) of this section, "licensed insurance broker,	45752
agent, or solicitor" means any person licensed as an insurance	45753
broker, agent, or solicitor by the superintendent of insurance	45754
pursuant to Title XXXIX of the Revised Code.	45755

(11) A person soliciting the sale of services provided by a	45756
cable television system operating under authority of a	45757
governmental franchise or permit;	45758

(12) A person soliciting a business-to-business sale under	45759
which any of the following conditions are met:	45760

(a) The telephone solicitor has been operating continuously	45761
for at least three years under the same business name under which	45762
it solicits purchasers, and at least fifty-one per cent of its	45763
gross dollar volume of sales consists of repeat sales to existing	45764
customers to whom it has made sales under the same business name.	45765

(b) The purchaser business intends to resell the goods	45766
purchased.	45767

(c) The purchaser business intends to use the goods or	45768
services purchased in a recycling, reuse, manufacturing, or	45769
remanufacturing process.	45770

(d) The telephone solicitor is a publisher of a periodical or	45771
of magazines distributed as controlled circulation publications as	45772
defined in division (CC) of section 5739.01 of the Revised Code	45773
and is soliciting sales of advertising, subscriptions, reprints,	45774
lists, information databases, conference participation or	45775
sponsorships, trade shows or media products related to the	45776
periodical or magazine, or other publishing services provided by	45777
the controlled circulation publication.	45778

(13) A person that, not less often than once each year,	45779
publishes and delivers to potential purchasers a catalog that	45780
complies with both of the following:	45781

(a) It includes all of the following:

45782

(i) The business address of the seller;

45783

(ii) A written description or illustration of each good or	45784
service offered for sale;	45785

(iii) A clear and conspicuous disclosure of the sale price of	45786
each good or service; shipping, handling, and other charges; and	45787
return policy;	45788

(b) One of the following applies:

45789

(i) The catalog includes at least twenty-four pages of	45790
written material and illustrations, is distributed in more than	45791
one state, and has an annual postage-paid mail circulation of not	45792
less than two hundred fifty thousand households;	45793

(ii) The catalog includes at least ten pages of written	45794
material or an equivalent amount of material in electronic form on	45795
the internet or an on-line computer service, the person does not	45796
solicit customers by telephone but solely receives telephone calls	45797
made in response to the catalog, and during the calls the person	45798
takes orders but does not engage in further solicitation of the	45799
purchaser. As used in division (B)(13)(b)(ii) of this section,	45800
"further solicitation" does not include providing the purchaser	45801
with information about, or attempting to sell, any other item in	45802
the catalog that prompted the purchaser's call or in a	45803
substantially similar catalog issued by the seller.	45804

(14) A political subdivision or instrumentality of the United	45805
States, this state, or any state of the United States;	45806

(15) A college or university or any other public or private	45807
institution of higher education in this state;	45808

(16) A public utility as defined in section 4905.02 of the	45809
Revised Code or a retail natural gas supplier as defined in	45810
section 4929.01 of the Revised Code, if the utility or supplier is	45811
subject to regulation by the public utilities commission, or the	45812
affiliate of the utility or supplier;	45813

(17) A travel agency or tour promoter that is registered in	45814
compliance with section 1333.96 of the Revised Code when	45815
soliciting within the scope of the agency's or promoter's	45816
registration;	45817

(18) A person that solicits sales through a television	45818
program or advertisement that is presented in the same market area	45819
no fewer than twenty days per month or offers for sale no fewer	45820
than ten distinct items of goods or services; and offers to the	45821
purchaser an unconditional right to return any good or service	45822
purchased within a period of at least seven days and to receive a	45823
full refund within thirty days after the purchaser returns the	45824
good or cancels the service;	45825

(19)(18)(a) A person that, for at least one year, has been	45826
operating a retail business under the same name as that used in	45827
connection with telephone solicitation and both of the following	45828
occur on a continuing basis:	45829

(i) The person either displays goods and offers them for	45830
retail sale at the person's business premises or offers services	45831
for sale and provides them at the person's business premises.	45832

(ii) At least fifty-one per cent of the person's gross dollar	45833
volume of retail sales involves purchases of goods or services at	45834
the person's business premises.	45835

(b) An affiliate of a person that meets the requirements in	45836
division (B)(19)(18)(a) of this section if the affiliate meets all	45837
of the following requirements:	45838

(i) The affiliate has operated a retail business for a period	45839
of less than one year;	45840

(ii) The affiliate either displays goods and offers them for	45841
retail sale at the affiliate's business premises or offers	45842
services for sale and provides them at the affiliate's business	45843
premises;	45844

(iii) At least fifty-one per cent of the affiliate's gross	45845
dollar volume of retail sales involves purchases of goods or	45846
services at the affiliate's business premises.	45847

(c) A person that, for a period of less than one year, has	45848
been operating a retail business in this state under the same name	45849
as that used in connection with telephone solicitation, as long as	45850
all of the following requirements are met:	45851

(i) The person either displays goods and offers them for	45852
retail sale at the person's business premises or offers services	45853
for sale and provides them at the person's business premises;	45854

(ii) The goods or services that are the subject of telephone	45855
solicitation are sold at the person's business premises, and at	45856
least sixty-five per cent of the person's gross dollar volume of	45857
retail sales involves purchases of goods or services at the	45858
person's business premises;	45859

(iii) The person conducts all telephone solicitation	45860
activities according to sections 310.3, 310.4, and 310.5 of the	45861
telemarketing sales rule adopted by the federal trade commission	45862
in 16 C.F.R. part 310.	45863

(20)(19) A person who performs telephone solicitation sales	45864
services on behalf of other persons and to whom one of the	45865
following applies:	45866

(a) The person has operated under the same ownership,	45867
control, and business name for at least five years, and the person	45868
receives at least seventy-five per cent of its gross revenues from	45869
written telephone solicitation contracts with persons who come	45870
within one of the exemptions in division (B) of this section.	45871

(b) The person is an affiliate of one or more exempt persons	45872
and makes telephone solicitations on behalf of only the exempt	45873
persons of which it is an affiliate.	45874

(c) The person makes telephone solicitations on behalf of	45875
only exempt persons, the person and each exempt person on whose	45876
behalf telephone solicitations are made have entered into a	45877
written contract that specifies the manner in which the telephone	45878
solicitations are to be conducted and that at a minimum requires	45879
compliance with the telemarketing sales rule adopted by the	45880
federal trade commission in 16 C.F.R. part 310, and the person	45881
conducts the telephone solicitations in the manner specified in	45882
the written contract.	45883

(d) The person performs telephone solicitation for religious	45884
or political purposes, a charitable organization, a fund-raising	45885
council, or a professional solicitor in compliance with the	45886
registration and reporting requirements of Chapter 1716. of the	45887
Revised Code; and meets all of the following requirements:	45888

(i) The person has operated under the same ownership,	45889
control, and business name for at least five years, and the person	45890
receives at least fifty-one per cent of its gross revenues from	45891
written telephone solicitation contracts with persons who come	45892
within the exemption in division (B)(2) of this section;	45893

(ii) The person does not conduct a prize promotion or offer	45894
the sale of an investment opportunity; and	45895

(iii) The person conducts all telephone solicitation	45896
activities according to sections 310.3, 310.4, and 310.5 of the	45897
telemarketing sales rules adopted by the federal trade commission	45898
in 16 C.F.R. part 310.	45899

(21)(20) A person that is a licensed real estate salesperson	45900
or broker under Chapter 4735. of the Revised Code when soliciting	45901
within the scope of the person's license;	45902

(22)(21)(a) Either of the following:

45903

(i) A publisher that solicits the sale of the publisher's	45904
periodical or magazine of general, paid circulation, or a person	45905
that solicits a sale of that nature on behalf of a publisher under	45906
a written agreement directly between the publisher and the person.	45907

(ii) A publisher that solicits the sale of the publisher's	45908
periodical or magazine of general, paid circulation, or a person	45909
that solicits a sale of that nature as authorized by a publisher	45910
under a written agreement directly with a publisher's	45911
clearinghouse provided the person is a resident of Ohio for more	45912
than three years and initiates all telephone solicitations from	45913
Ohio and the person conducts the solicitation and sale in	45914
compliance with 16 C.F.R. Part 310, as adopted by the federal	45915
trade commission.	45916

(b) As used in division (B)(22)(21) of this section,	45917
"periodical or magazine of general, paid circulation" excludes a	45918
periodical or magazine circulated only as part of a membership	45919
package or given as a free gift or prize from the publisher or	45920
person.	45921

(23)(22) A person that solicits the sale of food, as defined	45922
in section 3715.01 of the Revised Code, or the sale of products of	45923
horticulture, as defined in section 5739.01 of the Revised Code,	45924
if the person does not intend the solicitation to result in, or	45925
the solicitation actually does not result in, a sale that costs	45926
the purchaser an amount greater than five hundred dollars.	45927

(24)(23) A funeral director licensed pursuant to Chapter	45928
4717. of the Revised Code when soliciting within the scope of that	45929
license, if both of the following apply:	45930

(a) The solicitation and sale are conducted in compliance	45931
with 16 C.F.R. part 453, as adopted by the federal trade	45932
commission, and with sections 1107.33 and 1345.21 to 1345.28 of	45933
the Revised Code;	45934

(b) The person provides to the purchaser of any preneed	45935
funeral contract a notice that clearly and conspicuously sets	45936
forth the cancellation rights specified in division (G) of section	45937
1107.33 of the Revised Code, and retains a copy of the notice	45938
signed by the purchaser.	45939

(25)(24) A person, or affiliate thereof, licensed to sell or	45940
issue Ohio instruments designated as travelers checks pursuant to	45941
sections 1315.01 to 1315.11 of the Revised Code.	45942

(26)(25) A person that solicits sales from its previous	45943
purchasers and meets all of the following requirements:	45944

(a) The solicitation is made under the same business name	45945
that was previously used to sell goods or services to the	45946
purchaser;	45947

(b) The person has, for a period of not less than three	45948
years, operated a business under the same business name as that	45949
used in connection with telephone solicitation;	45950

(c) The person does not conduct a prize promotion or offer	45951
the sale of an investment opportunity;	45952

(d) The person conducts all telephone solicitation activities	45953
according to sections 310.3, 310.4, and 310.5 of the telemarketing	45954
sales rules adopted by the federal trade commission in 16 C.F.R.	45955
part 310;	45956

(e) Neither the person nor any of its principals has been	45957
convicted of, pleaded guilty to, or has entered a plea of no	45958
contest for a felony or a theft offense as defined in sections	45959
2901.02 and 2913.01 of the Revised Code or similar law of another	45960
state or of the United States;	45961

(f) Neither the person nor any of its principals has had	45962
entered against them an injunction or a final judgment or order,	45963
including an agreed judgment or order, an assurance of voluntary	45964
compliance, or any similar instrument, in any civil or	45965
administrative action involving engaging in a pattern of corrupt	45966
practices, fraud, theft, embezzlement, fraudulent conversion, or	45967
misappropriation of property; the use of any untrue, deceptive, or	45968
misleading representation; or the use of any unfair, unlawful,	45969
deceptive, or unconscionable trade act or practice.	45970

(27)(26) An institution defined as a home health agency in	45971
section 3701.883701.881 of the Revised Code, that conducts all	45972
telephone solicitation activities according to sections 310.3,	45973
310.4, and 310.5 of the telemarketing sales rules adopted by the	45974
federal trade commission in 16 C.F.R. part 310, and engages in	45975
telephone solicitation only within the scope of the institution's	45976
certification, accreditation, contract with the department of	45977
aging, or status as a home health agency; and that meets one of	45978
the following requirements:	45979

(a) The institution is certified as a provider of home health	45980
services under Title XVIII of the Social Security Act, 49 Stat.	45981
620, 42 U.S.C. 301, as amended; and is registered with the	45982
department of health pursuant to division (B) of section 3701.88	45983
of the Revised Code;	45984

(b) The institution is accredited by either the joint	45985
commission on accreditation of health care organizations or the	45986
community health accreditation program;	45987

(c) The institution is providing passport services under the	45988
direction of the Ohio department of aging under section 173.40 of	45989
the Revised Code;	45990

(d) An affiliate of an institution that meets the	45991
requirements of division (B)(27)(26)(a), (b), or (c) of this	45992
section when offering for sale substantially the same goods and	45993
services as those that are offered by the institution that meets	45994
the requirements of division (B)(27)(26)(a), (b), or (c) of this	45995
section.	45996

(28)(27) A person licensed to provide a hospice care program	45997
by the department of health pursuant to section 3712.04 of the	45998
Revised Code when conducting telephone solicitations within the	45999
scope of the person's license and according to sections 310.3,	46000
310.4, and 310.5 of the telemarketing sales rules adopted by the	46001
federal trade commission in 16 C.F.R. part 310.	46002

Sec.  4723.01.  As used in this chapter:

46003

(A) "Registered nurse" means an individual who holds a	46004
current, valid license issued under this chapter that authorizes	46005
the practice of nursing as a registered nurse.	46006

(B) "Practice of nursing as a registered nurse" means	46007
providing to individuals and groups nursing care requiring	46008
specialized knowledge, judgment, and skill derived from the	46009
principles of biological, physical, behavioral, social, and	46010
nursing sciences. Such nursing care includes:	46011

(1) Identifying patterns of human responses to actual or	46012
potential health problems amenable to a nursing regimen;	46013

(2) Executing a nursing regimen through the selection,	46014
performance, management, and evaluation of nursing actions;	46015

(3) Assessing health status for the purpose of providing	46016
nursing care;	46017

(4) Providing health counseling and health teaching;

46018

(5) Administering medications, treatments, and executing	46019
regimens authorized by an individual who is authorized to practice	46020
in this state and is acting within the course of the individual's	46021
professional practice;	46022

(6) Teaching, administering, supervising, delegating, and	46023
evaluating nursing practice.	46024

(C) "Nursing regimen" may include preventative, restorative,	46025
and health-promotion activities.	46026

(D) "Assessing health status" means the collection of data	46027
through nursing assessment techniques, which may include	46028
interviews, observation, and physical evaluations for the purpose	46029
of providing nursing care.	46030

(E) "Licensed practical nurse" means an individual who holds	46031
a current, valid license issued under this chapter that authorizes	46032
the practice of nursing as a licensed practical nurse.	46033

(F) "The practice of nursing as a licensed practical nurse"	46034
means providing to individuals and groups nursing care requiring	46035
the application of basic knowledge of the biological, physical,	46036
behavioral, social, and nursing sciences at the direction of a	46037
licensed physician, dentist, podiatrist, optometrist,	46038
chiropractor, or registered nurse. Such nursing care includes:	46039

(1) Observation, patient teaching, and care in a diversity of	46040
health care settings;	46041

(2) Contributions to the planning, implementation, and	46042
evaluation of nursing;	46043

(3) Administration of medications and treatments authorized	46044
by an individual who is authorized to practice in this state and	46045
is acting within the course of the individual's professional	46046
practice, except that administration of intravenous therapy shall	46047
be performed only in accordance with section 4723.17 or 4723.171	46048
of the Revised Code. Medications may be administered by a licensed	46049
practical nurse upon proof of completion of a course in medication	46050
administration approved by the board of nursing.	46051

(4) Administration to an adult of intravenous therapy	46052
authorized by an individual who is authorized to practice in this	46053
state and is acting within the course of the individual's	46054
professional practice, on the condition that the licensed	46055
practical nurse is authorized under section 4723.17 or 4723.171 of	46056
the Revised Code to perform intravenous therapy and performs	46057
intravenous therapy only in accordance with those sections.	46058

(G) "Certified registered nurse anesthetist" means a	46059
registered nurse who holds a valid certificate of authority issued	46060
under this chapter that authorizes the practice of nursing as a	46061
certified registered nurse anesthetist in accordance with section	46062
4723.43 of the Revised Code and rules adopted by the board of	46063
nursing.	46064

(H) "Clinical nurse specialist" means a registered nurse who	46065
holds a valid certificate of authority issued under this chapter	46066
that authorizes the practice of nursing as a clinical nurse	46067
specialist in accordance with section 4723.43 of the Revised Code	46068
and rules adopted by the board of nursing.	46069

(I) "Certified nurse-midwife" means a registered nurse who	46070
holds a valid certificate of authority issued under this chapter	46071
that authorizes the practice of nursing as a certified	46072
nurse-midwife in accordance with section 4723.43 of the Revised	46073
Code and rules adopted by the board of nursing.	46074

(J) "Certified nurse practitioner" means a registered nurse	46075
who holds a valid certificate of authority issued under this	46076
chapter that authorizes the practice of nursing as a certified	46077
nurse practitioner in accordance with section 4723.43 of the	46078
Revised Code and rules adopted by the board of nursing.	46079

(K) "Physician" means an individual authorized under Chapter	46080
4731. of the Revised Code to practice medicine and surgery or	46081
osteopathic medicine and surgery.	46082

(L) "Collaboration" or "collaborating" means the following:

46083

(1) In the case of a clinical nurse specialist, except as	46084
provided in division (L)(3) of this section, or a certified nurse	46085
practitioner, that one or more podiatrists acting within the scope	46086
of practice of podiatry in accordance with section 4731.51 of the	46087
Revised Code and with whom the nurse has entered into a standard	46088
care arrangement or one or more physicians with whom the nurse has	46089
entered into a standard care arrangement are continuously	46090
available to communicate with the clinical nurse specialist or	46091
certified nurse practitioner either in person or by radio,	46092
telephone, or other form of telecommunication;	46093

(2) In the case of a certified nurse-midwife, that one or	46094
more physicians with whom the certified nurse-midwife has entered	46095
into a standard care arrangement are continuously available to	46096
communicate with the certified nurse-midwife either in person or	46097
by radio, telephone, or other form of telecommunication;	46098

(3) In the case of a clinical nurse specialist who practices	46099
the nursing specialty of mental health or psychiatric mental	46100
health without being authorized to prescribe drugs and therapeutic	46101
devices, that one or more physicians are continuously available to	46102
communicate with the nurse either in person or by radio,	46103
telephone, or other form of telecommunication.	46104

(M) "Supervision," as it pertains to a certified registered	46105
nurse anesthetist, means that the certified registered nurse	46106
anesthetist is under the direction of a podiatrist acting within	46107
the podiatrist's scope of practice in accordance with section	46108
4731.51 of the Revised Code, a dentist acting within the dentist's	46109
scope of practice in accordance with Chapter 4715. of the Revised	46110
Code, or a physician, and, when administering anesthesia, the	46111
certified registered nurse anesthetist is in the immediate	46112
presence of the podiatrist, dentist, or physician.	46113

(N) "Standard care arrangement," except as it pertains to an	46114
advanced practice nurse, means a written, formal guide for	46115
planning and evaluating a patient's health care that is developed	46116
by one or more collaborating physicians or podiatrists and a	46117
clinical nurse specialist, certified nurse-midwife, or certified	46118
nurse practitioner and meets the requirements of section 4723.431	46119
of the Revised Code.	46120

(O) "Advanced practice nurse," until three years and eight	46121
months after May 17, 2000, means a registered nurse who is	46122
approved by the board of nursing under section 4723.55 of the	46123
Revised Code to practice as an advanced practice nurse.	46124

(P) "Dialysis care" means the care and procedures that a	46125
dialysis technician is authorized to provide and perform, as	46126
specified in section 4723.72 of the Revised Code.	46127

(Q) "Dialysis technician" means an individual who holds a	46128
current, valid certificate or temporary certificate issued under	46129
this chapter that authorizes the individual to practice as a	46130
dialysis technician in accordance with section 4723.72 of the	46131
Revised Code.	46132

(R) "Certified community health worker" means an individual	46133
who holds a current, valid certificate as a community health	46134
worker issued by the board of nursing under section 4723.85 of the	46135
Revised Code.	46136

Sec. 4723.06.  (A) The board of nursing shall:

46137

(1) Administer and enforce the provisions of this chapter,	46138
including the taking of disciplinary action for violations of	46139
section 4723.28 of the Revised Code, any other provisions of this	46140
chapter, or rules adopted under this chapter;	46141

(2) Develop criteria that an applicant must meet to be	46142
eligible to sit for the examination for licensure to practice as a	46143
registered nurse or as a licensed practical nurse;	46144

(3) Issue and renew nursing licenses and, dialysis technician	46145
certificates, and community health worker certificates, as	46146
provided in this chapter;	46147

(4) Define the minimum curricula and standards for	46148
educational programs of the schools of professional nursing and	46149
schools of practical nursing in this state;	46150

(5) Survey, inspect, and grant full approval to prelicensure	46151
nursing education programs that meet the standards established by	46152
rules adopted under section 4723.07 of the Revised Code.	46153
Prelicensure nursing education programs include, but are not	46154
limited to, associate degree, baccalaureate degree, diploma, and	46155
doctor of nursing programs leading to initial licensure to	46156
practice nursing as a registered nurse and practical nurse	46157
programs leading to initial licensure to practice nursing as a	46158
licensed practical nurse.	46159

(6) Grant conditional approval, by a vote of a quorum of the	46160
board, to a new prelicensure nursing education program or a	46161
program that is being reestablished after having ceased to	46162
operate, if the program meets and maintains the minimum standards	46163
of the board established by rules adopted under section 4723.07 of	46164
the Revised Code. If the board does not grant conditional	46165
approval, it shall hold an adjudication under Chapter 119. of the	46166
Revised Code to consider conditional approval of the program. If	46167
the board grants conditional approval, at its first meeting after	46168
the first class has completed the program, the board shall	46169
determine whether to grant full approval to the program. If the	46170
board does not grant full approval or if it appears that the	46171
program has failed to meet and maintain standards established by	46172
rules adopted under section 4723.07 of the Revised Code, the board	46173
shall hold an adjudication under Chapter 119. of the Revised Code	46174
to consider the program. Based on results of the adjudication, the	46175
board may continue or withdraw conditional approval, or grant full	46176
approval.	46177

(7) Place on provisional approval, for a period of time	46178
specified by the board, a program that has ceased to meet and	46179
maintain the minimum standards of the board established by rules	46180
adopted under section 4723.07 of the Revised Code. At the end of	46181
the period, the board shall reconsider whether the program meets	46182
the standards and shall grant full approval if it does. If it does	46183
not, the board may withdraw approval, pursuant to an adjudication	46184
under Chapter 119. of the Revised Code.	46185

(8) Approve continuing nursing education programs and courses	46186
under standards established in rules adopted under section 4723.07	46187
of the Revised Code;	46188

(9) Approve peer support programs, under rules adopted under	46189
section 4723.07 of the Revised Code, for nurses and, for dialysis	46190
technicians, and for certified community health workers;	46191

(10) Establish a program for monitoring chemical dependency	46192
in accordance with section 4723.35 of the Revised Code;	46193

(11) Establish the practice intervention and improvement	46194
program in accordance with section 4723.282 of the Revised Code;	46195

(12) Issue and renew certificates of authority to practice	46196
nursing as a certified registered nurse anesthetist, clinical	46197
nurse specialist, certified nurse-midwife, or certified nurse	46198
practitioner;	46199

(13) Approve under section 4723.46 of the Revised Code	46200
national certifying organizations for examination and	46201
certification of certified registered nurse anesthetists, clinical	46202
nurse specialists, certified nurse-midwives, or certified nurse	46203
practitioners;	46204

(14) Issue and renew certificates to prescribe in accordance	46205
with sections 4723.48 and 4723.485 of the Revised Code;	46206

(15) Grant approval to the planned classroom and clinical	46207
study required by section 4723.483 of the Revised Code to be	46208
eligible for a certificate to prescribe;	46209

(16) Make an annual edition of the formulary established in	46210
rules adopted under section 4723.50 of the Revised Code available	46211
to the public either in printed form or by electronic means and,	46212
as soon as possible after any revision of the formulary becomes	46213
effective, make the revision available to the public in printed	46214
form or by electronic means;	46215

(17) Provide guidance and make recommendations to the general	46216
assembly, the governor, state agencies, and the federal government	46217
with respect to the regulation of the practice of nursing and the	46218
enforcement of this chapter;	46219

(18) Make an annual report to the governor, which shall be	46220
open for public inspection;	46221

(19) Maintain and have open for public inspection the	46222
following records:	46223

(a) A record of all its meetings and proceedings;

46224

(b) A file of holders of nursing licenses, registrations, and	46225
certificates granted under this chapter and; dialysis technician	46226
certificates granted under this chapter; and community health	46227
worker certificates granted under this chapter. The file shall be	46228
maintained in the form prescribed by rule of the board.	46229

(c) A list of prelicensure nursing education programs	46230
approved by the board;	46231

(d) A list of approved peer support programs for nurses and,	46232
dialysis technicians, and certified community health workers.	46233

(B) The board may fulfill the requirement of division (A)(8)	46234
of this section by authorizing persons who meet the standards	46235
established in rules adopted under section 4723.07 of the Revised	46236
Code to approve continuing nursing education programs and courses.	46237
Persons so authorized shall approve continuing nursing education	46238
programs and courses in accordance with standards established in	46239
rules adopted under section 4723.07 of the Revised Code.	46240

Persons seeking authorization to approve continuing nursing	46241
education programs and courses shall apply to the board and pay	46242
the appropriate fee established under section 4723.08 of the	46243
Revised Code. Authorizations to approve continuing nursing	46244
education programs and courses shall expire, and may be renewed	46245
according to the schedule established in rules adopted under	46246
section 4732.074723.07 of the Revised Code.	46247

In addition to approving continuing nursing education	46248
programs under division (A)(8) of this section, the board may	46249
sponsor continuing education activities that are directly related	46250
to the statutes and rules pertaining to the practice of nursing in	46251
this state.	46252

Sec. 4723.063.  (A) As used in this section:

46253

(1) "Health care facility" means:

46254

(a) A hospital registered under section 3701.07 of the	46255
Revised Code;	46256

(b) A nursing home licensed under section 3721.02 of the	46257
Revised Code, or by a political subdivision certified under	46258
section 3721.09 of the Revised Code;	46259

(c) A county home or a county nursing home as defined in	46260
section 5155.31 of the Revised Code that is certified under Title	46261
XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	46262
U.S.C. 301, amended;	46263

(d) A freestanding dialysis center;

46264

(e) A freestanding inpatient rehabilitation facility;

46265

(f) An ambulatory surgical facility;

46266

(g) A freestanding cardiac catheterization facility;

46267

(h) A freestanding birthing center;

46268

(i) A freestanding or mobile diagnostic imaging center;

46269

(j) A freestanding radiation therapy center.

46270

(2) "Nurse education program" means a prelicensure nurse	46271
education program approved by the board of nursing under section	46272
4723.06 of the Revised Code or a postlicensure nurse education	46273
program approved by the board of regents under section 3333.04 of	46274
the Revised Code.	46275

(B) The state board of nursing shall establish and administer	46276
the nurse education grant program. Under the program, the board	46277
shall award grants to nurse education programs that have	46278
partnerships with other education programs, community health	46279
agencies, or health care facilities. Grant recipients shall use	46280
the money to fund partnerships to increase the nurse education	46281
program's enrollment capacity. Methods of increasing a program's	46282
enrollment capacity may include hiring faculty and preceptors,	46283
purchasing educational equipment and materials, and other actions	46284
acceptable to the board. Grant money shall not be used to	46285
construct or renovate buildings. Partnerships may be developed	46286
between one or more nurse education programs and one or more	46287
health care facilities.	46288

In awarding grants, the board shall give preference to	46289
partnerships between nurse education programs and hospitals,	46290
nursing homes, and county homes or county nursing homes, but may	46291
also award grants to fund partnerships between nurse education	46292
programs and other health care facilities.	46293

(C) The board shall adopt rules in accordance with Chapter	46294
119. of the Revised Code establishing the following:	46295

(1) Eligibility requirements for receipt of a grant;

46296

(2) Grant application forms and procedures;

46297

(3) The amounts in which grants may be made and the total	46298
amount that may be awarded to a nurse education program that has a	46299
partnership with other education programs, a community health	46300
agency, or a health care facility;	46301

(4) A method whereby the board may evaluate the effectiveness	46302
of a partnership between joint recipients in increasing the nurse	46303
education program's enrollment capacity;	46304

(5) The percentage of the money in the fund that must remain	46305
in the fund at all times to maintain a fiscally responsible fund	46306
balance;	46307

(6) The percentage of available grants to be awarded to	46308
licensed practical nurse education programs, registered nurse	46309
education programs, and graduate programs;	46310

(7) Any other matters incidental to the operation of the	46311
program.	46312

(D) From January 1, 2004, until December 31, 2013, the ten	46313
dollars of each biennial nursing license renewal fee collected	46314
under section 4723.08 of the Revised Code shall be dedicated to	46315
the nurse education grant program fund, which is hereby created in	46316
the state treasury. The board shall use money in the fund for	46317
grants awarded under division (A) of this section and for expenses	46318
of administering the grant program. The amount used for	46319
administrative expenses in any year shall not exceed ten per cent	46320
of the amount transferred to the fund in that year.	46321

(E) Each quarter, for the purposes of transferring funds to	46322
the nurse education grant program, the board of nursing shall	46323
certify to the director of budget and management the number of	46324
biennial licenses renewed under this chapter during the preceding	46325
quarter and the amount equal to that number times ten dollars.	46326

(F) Notwithstanding the requirements of section 4743.05 of	46327
the Revised Code, from January 1, 2004, until December 31, 2013,	46328
at the end of each quarter, the director of budget and management	46329
shall transfer from the occupational licensing and regulatory fund	46330
to the nurse education grant program fund the amount certified	46331
under division (E) of this section.	46332

Sec. 4723.07.  In accordance with Chapter 119. of the Revised	46333
Code, the board of nursing shall adopt and may amend and rescind	46334
rules that establish all of the following:	46335

(A) Provisions for the board's government and control of its	46336
actions and business affairs;	46337

(B) Minimum curricula and standards for nursing education	46338
programs that prepare graduates to be licensed under this chapter	46339
and procedures for granting, renewing, and withdrawing approval of	46340
those programs;	46341

(C) Criteria that applicants for licensure must meet to be	46342
eligible to take examinations for licensure;	46343

(D) Standards and procedures for renewal of the licenses and	46344
certificates issued by the board;	46345

(E) Standards for approval of continuing nursing education	46346
programs and courses for registered nurses, licensed practical	46347
nurses, certified registered nurse anesthetists, clinical nurse	46348
specialists, certified nurse-midwives, and certified nurse	46349
practitioners. The standards may provide for approval of	46350
continuing nursing education programs and courses that have been	46351
approved by other state boards of nursing or by national	46352
accreditation systems for nursing, including, but not limited to,	46353
the American nurses' credentialing center and the national	46354
association for practical nurse education and service.	46355

(F) Standards that persons must meet to be authorized by the	46356
board to approve continuing nursing education programs and courses	46357
and a schedule by which that authorization expires and may be	46358
renewed;	46359

(G) Requirements, including continuing education	46360
requirements, for restoring inactive nursing licenses and,	46361
dialysis technician certificates, and community health worker	46362
certificates, and for restoring nursing licenses and, dialysis	46363
technician certificates, and community health worker certificates	46364
that have lapsed through failure to renew;	46365

(H) Conditions that may be imposed for reinstatement of a	46366
nursing license or, dialysis technician certificate, or community	46367
health worker certificate following action taken under sections	46368
section 3123.47, 4723.28, and 4723.281, or 4723.86 of the Revised	46369
Code resulting in a license or certificate suspension from	46370
practice;	46371

(I) Standards for approval of peer support programs for	46372
persons who hold a nursing license or, dialysis technician	46373
certificate, or community health worker certificate;	46374

(J) Requirements for board approval of courses in medication	46375
administration by licensed practical nurses;	46376

(K) Criteria for evaluating the qualifications of an	46377
applicant for a license to practice nursing as a registered nurse	46378
or licensed practical nurse, a certificate of authority issued	46379
under division (E) of section 4723.41 of the Revised Code, or a	46380
dialysis technician certificate, or a community health worker	46381
certificate by the board's endorsement of the applicant's	46382
authority to practice issued by the licensing agency of another	46383
state;	46384

(L) Universal blood and body fluid precautions that shall be	46385
used by each person holding a nursing license or dialysis	46386
technician certificate issued under this chapter who performs	46387
exposure-prone invasive procedures. The rules shall define and	46388
establish requirements for universal blood and body fluid	46389
precautions that include the following:	46390

(1) Appropriate use of hand washing;

46391

(2) Disinfection and sterilization of equipment;

46392

(3) Handling and disposal of needles and other sharp	46393
instruments;	46394

(4) Wearing and disposal of gloves and other protective	46395
garments and devices.	46396

(M) Standards and procedures for approving certificates of	46397
authority to practice nursing as a certified registered nurse	46398
anesthetist, clinical nurse specialist, certified nurse-midwife,	46399
or certified nurse practitioner, and for renewal of those	46400
certificates;	46401

(N) Quality assurance standards for certified registered	46402
nurse anesthetists, clinical nurse specialists, certified	46403
nurse-midwives, or certified nurse practitioners;	46404

(O) Additional criteria for the standard care arrangement	46405
required by section 4723.431 of the Revised Code entered into by a	46406
clinical nurse specialist, certified nurse-midwife, or certified	46407
nurse practitioner and the nurse's collaborating physician or	46408
podiatrist;	46409

(P) Continuing education standards for clinical nurse	46410
specialists who are exempt under division (C) of section 4723.41	46411
of the Revised Code from the requirement of having passed a	46412
certification examination;	46413

(Q) For purposes of division (B)(31) of section 4723.28 of	46414
the Revised Code, the actions, omissions, or other circumstances	46415
that constitute failure to establish and maintain professional	46416
boundaries with a patient.	46417

The board may adopt other rules necessary to carry out the	46418
provisions of this chapter. The rules shall be adopted in	46419
accordance with Chapter 119. of the Revised Code.	46420

Sec. 4723.08.  (A) The board of nursing may impose fees not	46421
to exceed the following limits:	46422

(1) For application for licensure by examination to practice	46423
nursing as a registered nurse or as a licensed practical nurse,	46424
fiftyseventy-five dollars;	46425

(2) For application for licensure by endorsement to practice	46426
nursing as a registered nurse or as a licensed practical nurse,	46427
fiftyseventy-five dollars;	46428

(3) For application for a certificate of authority to	46429
practice nursing as a certified registered nurse anesthetist,	46430
clinical nurse specialist, certified nurse-midwife, or certified	46431
nurse practitioner, one hundred dollars;	46432

(4) For application for a temporary dialysis technician	46433
certificate, the amount specified in rules adopted under section	46434
4723.79 of the Revised Code;	46435

(5) For application for a full dialysis technician	46436
certificate, the amount specified in rules adopted under section	46437
4723.79 of the Revised Code;	46438

(6) For application for a certificate to prescribe, fifty	46439
dollars;	46440

(7) For verification of a nursing license, certificate of	46441
authority, or dialysis technician certificate to another	46442
jurisdiction, fifteen dollars;	46443

(8) For providing a replacement copy of a nursing license,	46444
certificate of authority, orcertificate to prescribe, dialysis	46445
technician certificate, fifteenintravenous therapy card, or	46446
frameable certificate, twenty-five dollars;	46447

(9) For biennial renewal of a nursing license that expires on	46448
or beforeafter August 31, 2003, thirty-fivebut before January 1,	46449
2004, forty-five dollars;	46450

(10) For biennial renewal of a nursing license that expires	46451
on or after September 1, 2003, forty-fiveJanuary 1, 2004,	46452
sixty-five dollars;	46453

(11) For biennial renewal of a certificate of authority to	46454
practice nursing as a certified registered nurse anesthetist,	46455
clinical nurse specialist, certified nurse mid-wife, or certified	46456
nurse practitioner that expires on or before August 31, 2005, one	46457
hundred dollars;	46458

(12) For biennial renewal of a certificate of authority to	46459
practice nursing as a certified registered nurse anesthetist,	46460
clinical nurse specialist, certified nurse-midwife, or certified	46461
nurse practitioner that expires on or after September 1, 2005,	46462
eighty-five dollars;	46463

(13) For renewal of a certificate to prescribe, fifty	46464
dollars;	46465

(14) For biennial renewal of a dialysis technician	46466
certificate, the amount specified in rules adopted under section	46467
4723.79 of the Revised Code;	46468

(15) For processing a late application for renewal of a	46469
nursing license, certificate of authority, or dialysis technician	46470
certificate, fifty dollars;	46471

(16) For application for authorization to approve continuing	46472
nursing education programs and courses from an applicant	46473
accredited by a national accreditation system for nursing, five	46474
hundred dollars;	46475

(17) For application for authorization to approve continuing	46476
nursing education programs and courses from an applicant not	46477
accredited by a national accreditation system for nursing, one	46478
thousand dollars;	46479

(18) For each year for which authorization to approve	46480
continuing nursing education programs and courses is renewed, one	46481
hundred fifty dollars;	46482

(19) For application for approval to operate a dialysis	46483
training program, the amount specified in rules adopted under	46484
section 4723.79 of the Revised Code;	46485

(20) For reinstatement of a lapsed nursing license,	46486
certificate of authority, or dialysis technician certificate, one	46487
hundred dollars;	46488

(21) For written verification of a nursing license,	46489
certificate of authority, or dialysis technician certificate, when	46490
the verification is performed for purposes other than providing	46491
verification to another jurisdiction, five dollars. The board may	46492
contract for services pertaining to this verification process and	46493
the collection of the fee, and may permit the contractor to retain	46494
a portion of the fees as compensation, before any amounts are	46495
deposited into the state treasury.;	46496

(22) For processing a check returned to the board by a	46497
financial institution as noncollectible, twenty-five dollars;	46498

(23) For issuance of an intravenous therapy card for which a	46499
fee may be charged under section 4723.17 of the Revised Code,	46500
twenty-five dollars;	46501

(24) For out-of-state survey visits of nursing education	46502
programs operating in Ohio, two thousand dollars;	46503

(25) The amounts specified in rules adopted under section	46504
4723.88 of the Revised Code pertaining to the issuance of	46505
certificates to community health workers, including fees for	46506
application for a certificate, verification of a certificate to	46507
another jurisdiction, written verification of a certificate when	46508
the verification is performed for purposes other than verification	46509
to another jurisdiction, providing a replacement copy of a	46510
certificate, biennial renewal of a certificate, processing a late	46511
application for renewal of a certificate, reinstatement of a	46512
lapsed certificate, application for approval of a community health	46513
worker training program for community health workers, and biennial	46514
renewal of the approval of a training program for community health	46515
workers.	46516

(B) Each quarter, for purposes of transferring funds under	46517
section 4743.05 of the Revised Code to the nurse education	46518
assistance fund created in section 3333.28 of the Revised Code,	46519
the board of nursing shall certify to the director of budget and	46520
management the number of biennial licenses renewed under this	46521
chapter during the preceding quarter and the amount equal to that	46522
number times five dollars.	46523

(C) The board may charge a participant in a board-sponsored	46524
continuing education activity an amount not exceeding fifteen	46525
dollars for each activity.	46526

(D) The board may contract for services pertaining to the	46527
process of providing written verification of a nursing license,	46528
certificate of authority, dialysis technician certificate, or	46529
community health worker certificate when the verification is	46530
performed for purposes other than providing verification to	46531
another jurisdiction. The contract may include provisions	46532
pertaining to the collection of the fee charged for providing the	46533
written verification. As part of these provisions, the board may	46534
permit the contractor to retain a portion of the fees as	46535
compensation, before any amounts are deposited into the state	46536
treasury.	46537

Sec.  4723.082. All(A) Except as provided in section	46538
4723.062 of the Revised Code and division (B) of this section, all	46539
receipts of the board of nursing, from any source, shall be	46540
deposited in the state treasury to the credit of the occupational	46541
licensing and regulatory fund. All	46542

(B) All receipts from board-sponsored continuing education	46543
activities shall be deposited in the state treasury to the credit	46544
of the special nursing issue fund created by section 4723.062 of	46545
the Revised Code.	46546

(C) All vouchers of the board shall be approved by the board	46547
president or executive director, or both, as authorized by the	46548
board.	46549

Sec. 4723.17.  (A) The board of nursing may authorize a	46550
licensed practical nurse to administer to an adult intravenous	46551
therapy authorized by an individual who is authorized to practice	46552
in this state and is acting within the course of the individual's	46553
professional practice, if all of the following are true of the	46554
licensed practical nurse:	46555

(1) The nurse has a current, valid license issued under this	46556
chapter that includes authorization to administer medications and	46557
one of the following is the case:	46558

(1) The nurse has successfully completed, within a practical	46559
nurse prelicensure education program approved by the board or by	46560
another jurisdiction's agency that regulates the practice of	46561
nursing, a course of study that prepares the nurse to safely	46562
perform the intravenous therapy procedures the board may authorize	46563
under this section. To meet this requirement, the course of study	46564
must include all of the following:	46565

(a) Both didactic and clinical components;

46566

(b) Curriculum requirements established in rules the board of	46567
nursing shall adopt in accordance with Chapter 119. of the Revised	46568
Code;	46569

(c) Standards that require the nurse to perform a successful	46570
demonstration of the intravenous procedures, including all skills	46571
needed to perform them safely.	46572

(2) The nurse has successfully completed a course in	46573
intravenous administration approved by the board that includes	46574
both of the following:	46575

(a) A minimum of forty hours of training that includes all of	46576
the following:	46577

(i)(a) The curriculum established by rules adopted by the	46578
board and in effect on January 1, 1999;	46579

(ii)(b) Training in the anatomy and physiology of the	46580
cardiovascular system, signs and symptoms of local and systemic	46581
complications in the administration of fluids and antibiotic	46582
additives, and guidelines for management of these complications;	46583

(iii)(c) Any other training or instruction the board	46584
considers appropriate.	46585

(b)(d) A testing component that includes the successful	46586
performance of three venipunctures supervised by a physician or	46587
registered nurse in a health care settingrequires the nurse to	46588
perform a successful demonstration of the intravenous procedures,	46589
including all skills needed to perform them safely.	46590

(B) Except as provided in section 4723.171 of the Revised	46591
Code, a licensed practical nurse may perform intravenous therapy	46592
only if authorized by the board pursuant to division (A) of this	46593
section and only if it is performed in accordance with this	46594
section.	46595

A licensed practical nurse authorized by the board to perform	46596
intravenous therapy may perform an intravenous therapy procedure	46597
only at the direction of one of the following:	46598

(1) A licensed physician, dentist, optometrist, or podiatrist	46599
who, except as provided in division (C)(2) of this section, is	46600
present and readily available at the facility where the	46601
intravenous therapy procedure is performed;	46602

(2) A registered nurse in accordance with division (C) of	46603
this section.	46604

(C)(1) Except as provided in division (C)(2) of this section	46605
and section 4723.171 of the Revised Code, when a licensed	46606
practical nurse authorized by the board to perform intravenous	46607
therapy performs an intravenous therapy procedure at the direction	46608
of a registered nurse, the registered nurse or another registered	46609
nurse shall be readily available at the site where the intravenous	46610
therapy is performed, and before the licensed practical nurse	46611
initiates the intravenous therapy, the registered nurse shall	46612
personally perform an on-site assessment of the individual who is	46613
to receive the intravenous therapy.	46614

(2) When a licensed practical nurse authorized by the board	46615
to perform intravenous therapy performs an intravenous therapy	46616
procedure in a home as defined in section 3721.10 of the Revised	46617
Code, or in an intermediate care facility for the mentally	46618
retarded as defined in section 5111.20 of the Revised Code, at the	46619
direction of a registered nurse or licensed physician, dentist,	46620
optometrist, or podiatrist, a registered nurse shall be on the	46621
premises of the home or facility or accessible by some form of	46622
telecommunication.	46623

(D) No licensed practical nurse shall perform any of the	46624
following intravenous therapy procedures:	46625

(1) Initiating or maintaining any of the following:

46626

(a) Blood or blood components;

46627

(b) Solutions for total parenteral nutrition;

46628

(c) Any cancer therapeutic medication including, but not	46629
limited to, cancer chemotherapy or an anti-neoplastic agent;	46630

(d) Solutions administered through any central venous line or	46631
arterial line or any other line that does not terminate in a	46632
peripheral vein, except that a licensed practical nurse authorized	46633
by the board to perform intravenous therapy may maintain the	46634
solutions specified in division (D)(6)(a) of this section that are	46635
being administered through a central venous line or peripherally	46636
inserted central catheter;	46637

(e) Any investigational or experimental medication.

46638

(2) Initiating intravenous therapy in any vein, except that a	46639
licensed practical nurse authorized by the board to perform	46640
intravenous therapy may initiate intravenous therapy in accordance	46641
with this section in a vein of the hand, forearm, or antecubital	46642
fossa;	46643

(3) Discontinuing a central venous, arterial, or any other	46644
line that does not terminate in a peripheral vein;	46645

(4) Initiating or discontinuing a peripherally inserted	46646
central catheter;	46647

(5) Mixing, preparing, or reconstituting any medication for	46648
intravenous therapy, except that a licensed practical nurse	46649
authorized by the board to perform intravenous therapy may prepare	46650
or reconstitute an antibiotic additive;	46651

(6) Administering medication via the intravenous route,	46652
including all of the following activities:	46653

(a) Adding medication to an intravenous solution or to an	46654
existing infusion, except that a licensed practical nurse	46655
authorized by the board to perform intravenous therapy may do	46656
either of the following:	46657

(i) Initiate an intravenous infusion containing one or more	46658
of the following elements: dextrose 5%; normal saline; lactated	46659
ringers; sodium chloride .45%; sodium chloride 0.2%; sterile	46660
water.	46661

(ii) Hang subsequent containers of the intravenous solutions	46662
specified in division (D)(6)(a) of this section that contain	46663
vitamins or electrolytes, if a registered nurse initiated the	46664
infusion of that same intravenous solution.	46665

(b) Initiating or maintaining an intravenous piggyback	46666
infusion, except that a licensed practical nurse authorized by the	46667
board to perform intravenous therapy may initiate or maintain an	46668
intravenous piggyback infusion containing an antibiotic additive;	46669

(c) Injecting medication via a direct intravenous route,	46670
except that a licensed practical nurse authorized by the board to	46671
perform intravenous therapy may inject heparin or normal saline to	46672
flush an intermittent infusion device or heparin lock including,	46673
but not limited to, bolus or push.	46674

(7) Aspirating any intravenous line to maintain patency;

46675

(8) Changing tubing on any line including, but not limited	46676
to, an arterial line or a central venous line, except that a	46677
licensed practical nurse authorized by the board to perform	46678
intravenous therapy may change tubing on an intravenous line that	46679
terminates in a peripheral vein;	46680

(9) Programming or setting any function of a patient	46681
controlled infusion pump.	46682

(E) Notwithstanding division (D) of this section, at the	46683
direction of a physician or a registered nurse, a licensed	46684
practical nurse authorized by the board to perform intravenous	46685
therapy may perform the following activities for the purpose of	46686
performing dialysis:	46687

(1) The routine administration and regulation of saline	46688
solution for the purpose of maintaining an established fluid plan;	46689

(2) The administration of a heparin dose intravenously;

46690

(3) The administration of a heparin dose peripherally via a	46691
fistula needle;	46692

(4) The loading and activation of a constant infusion pump or	46693
the intermittent injection of a dose of medication prescribed by a	46694
licensed physician for dialysis.	46695

(F) No person shall employ or direct a licensed practical	46696
nurse to perform an intravenous therapy procedure without first	46697
verifying that the licensed practical nurse is authorized by the	46698
board to perform intravenous therapy.	46699

(G) The board shall issue an intravenous therapy card to the	46700
licensed practical nurses authorized pursuant to division (A) of	46701
this section to perform intravenous therapy. A fee for issuing the	46702
card shall not be charged under section 4723.08 of the Revised	46703
Code if the licensed practical nurse receives the card by meeting	46704
the requirements of division (A)(1) of this section. The board	46705
shall maintain a registry of the names of licensed practical	46706
nurses authorized pursuant to division (A) of this section to	46707
performwho hold intravenous therapy cards.	46708

Sec. 4723.271.  The board of nursing shall provide a	46709
replacement copy of a nursing license, certificate of authority,	46710
or dialysis technician certificate, or community health worker	46711
certificate issued under this chapter upon request of the holder	46712
accompanied by proper identification as prescribed in rules	46713
adopted by the board and payment of the fee authorized under	46714
section 4723.08 of the Revised Code.	46715

Upon request of the holder of a nursing license, certificate	46716
of authority, or dialysis technician certificate, or community	46717
health worker certificate issued under this chapter and payment of	46718
the fee authorized under section 4723.08 of the Revised Code, the	46719
board shall verify to an agency of another jurisdiction or foreign	46720
country the fact that the person holds such nursing license,	46721
certificate of authority, or dialysis technician certificate, or	46722
community health worker certificate.	46723

Sec. 4723.34.  (A) Reports to the board of nursing shall be	46724
made as follows:	46725

(1) Every employer of registered nurses, licensed practical	46726
nurses, or dialysis technicians shall report to the board of	46727
nursing the name of any current or former employee who holds a	46728
nursing license or dialysis technician certificate issued under	46729
this chapter who has engaged in conduct that would be grounds for	46730
disciplinary action by the board under section 4723.28 of the	46731
Revised Code. Every employer of certified community health workers	46732
shall report to the board the name of any current or former	46733
employee who holds a community health worker certificate issued	46734
under this chapter who has engaged in conduct that would be	46735
grounds for disciplinary action by the board under section 4723.86	46736
of the Revised Code.	46737

(2) Nursing associations shall report to the board the name	46738
of any registered nurse or licensed practical nurse and dialysis	46739
technician associations shall report to the board the name of any	46740
dialysis technician who has been investigated and found to	46741
constitute a danger to the public health, safety, and welfare	46742
because of conduct that would be grounds for disciplinary action	46743
by the board under section 4723.28 of the Revised Code, except	46744
that an association is not required to report the individual's	46745
name if the individual is maintaining satisfactory participation	46746
in a peer support program approved by the board under rules	46747
adopted under section 4723.07 of the Revised Code. Community	46748
health worker associations shall report to the board the name of	46749
any certified community health worker who has been investigated	46750
and found to constitute a danger to the public health, safety, and	46751
welfare because of conduct that would be grounds for disciplinary	46752
action by the board under section 4723.86 of the Revised Code,	46753
except that an association is not required to report the	46754
individual's name if the individual is maintaining satisfactory	46755
participation in a peer support program approved by the board	46756
under rules adopted under section 4723.07 of the Revised Code.	46757

(3) If the prosecutor in a case described in divisions (B)(3)	46758
to (5) of section 4723.28 of the Revised Code, or in a case where	46759
the trial court issued an order of dismissal upon technical or	46760
procedural grounds of a charge of a misdemeanor committed in the	46761
course of practice, a felony charge, or a charge of gross	46762
immorality or moral turpitude, knows or has reason to believe that	46763
the person charged is licensed under this chapter to practice	46764
nursing as a registered nurse or as a licensed practical nurse or	46765
holds a certificate issued under this chapter to practice as a	46766
dialysis technician, the prosecutor shall notify the board of	46767
nursing. With regard to certified community health workers, if the	46768
prosecutor in a case involving a charge of a misdemeanor committed	46769
in the course of employment, a felony charge, or a charge of gross	46770
immorality or moral turpitude, including a case dismissed on	46771
technical or procedural grounds, knows or has reason to believe	46772
that the person charged holds a community health worker	46773
certificate issued under this chapter, the prosecutor shall notify	46774
the board.	46775

Each notification required by this division shall be made on	46776
forms prescribed and provided by the board. The report shall	46777
include the name and address of the license or certificate holder,	46778
the charge, and the certified court documents recording the	46779
action.	46780

(B) If any person fails to provide a report required by this	46781
section, the board may seek an order from a court of competent	46782
jurisdiction compelling submission of the report.	46783

Sec. 4723.35.  (A) As used in this section, "chemical	46784
dependency" means either of the following:	46785

(1) The chronic and habitual use of alcoholic beverages to	46786
the extent that the user no longer can control the use of alcohol	46787
or endangers the user's health, safety, or welfare or that of	46788
others;	46789

(2) The use of a controlled substance as defined in section	46790
3719.01 of the Revised Code, a harmful intoxicant as defined in	46791
section 2925.01 of the Revised Code, or a dangerous drug as	46792
defined in section 4729.01 of the Revised Code, to the extent that	46793
the user becomes physically or psychologically dependent on the	46794
substance, intoxicant, or drug or endangers the user's health,	46795
safety, or welfare or that of others.	46796

(B) The board of nursing may abstain from taking disciplinary	46797
action under section 4723.28 or 4723.86 of the Revised Code	46798
against an individual with a chemical dependency if it finds that	46799
the individual can be treated effectively and there is no	46800
impairment of the individual's ability to practice according to	46801
acceptable and prevailing standards of safe care. The board shall	46802
establish a chemical dependency monitoring program to monitor the	46803
registered nurses, licensed practical nurses, and dialysis	46804
technicians, and certified community health workers against whom	46805
the board has abstained from taking action. The board shall	46806
develop the program, select the program's name, and designate a	46807
coordinator to administer the program.	46808

(C) The board shall adopt rules in accordance with Chapter	46809
119. of the Revised Code that establish the following:	46810

(1) Eligibility requirements for admission to and continued	46811
participation in the monitoring program;	46812

(2) Terms and conditions that must be met to participate in	46813
and successfully complete the program;	46814

(3) Procedures for keeping confidential records regarding	46815
participants;	46816

(4) Any other requirements or procedures necessary to	46817
establish and administer the program.	46818

(D)(1) As a condition of being admitted to the monitoring	46819
program, an individual shall surrender to the program coordinator	46820
the license or certificate that the individual holds. While the	46821
surrender is in effect, the individual is prohibited from engaging	46822
in the practice of nursing or, engaging in the provision of	46823
dialysis care, or engaging in the provision of services that were	46824
being provided as a certified community health worker.	46825

If the program coordinator determines that a participant is	46826
capable of resuming practice according to acceptable and	46827
prevailing standards of safe care, the coordinator shall return	46828
the participant's license or certificate. If the participant	46829
violates the terms and conditions of resumed practice, the program	46830
coordinator shall require the participant to surrender the license	46831
or certificate as a condition of continued participation in the	46832
program. The coordinator may require the surrender only on the	46833
approval of the board's supervising member for disciplinary	46834
matters.	46835

The surrender of a license or certificate on admission to the	46836
monitoring program or while participating in the program does not	46837
constitute an action by the board under section 4723.28 or 4723.86	46838
of the Revised Code. The participant may rescind the surrender at	46839
any time and the board may proceed by taking action under section	46840
4723.28 or 4723.86 of the Revised Code.	46841

(2) If the program coordinator determines that a participant	46842
is significantly out of compliance with the terms and conditions	46843
for participation, the coordinator shall notify the board's	46844
supervising member for disciplinary matters and the supervising	46845
member shall temporarily suspend the participant's license or	46846
certificate. The program coordinator shall notify the participant	46847
of the suspension by certified mail sent to the participant's last	46848
known address and shall refer the matter to the board for formal	46849
action under section 4723.28 or 4723.86 of the Revised Code.	46850

(E) All of the following apply with respect to the receipt,	46851
release, and maintenance of records and information by the	46852
monitoring program:	46853

(1) The program coordinator shall maintain all records in the	46854
board's office for a period of five years.	46855

(2) When applying to participate in the monitoring program,	46856
the applicant shall sign a waiver permitting the program	46857
coordinator to receive and release information necessary for the	46858
coordinator to determine whether the individual is eligible for	46859
admission. After being admitted, the participant shall sign a	46860
waiver permitting the program coordinator to receive and release	46861
information necessary to determine whether the individual is	46862
eligible for continued participation in the program. Information	46863
that may be necessary for the program coordinator to determine	46864
eligibility for admission or continued participation in the	46865
monitoring program includes, but is not limited to, information	46866
provided to and by employers, probation officers, law enforcement	46867
agencies, peer assistance programs, health professionals, and	46868
treatment providers. No entity with knowledge that the information	46869
has been provided to the monitoring program shall divulge that	46870
knowledge to any other person.	46871

(3) Except as provided in division (E)(4) of this section,	46872
all records pertaining to an individual's application for or	46873
participation in the monitoring program, including medical	46874
records, treatment records, and mental health records, shall be	46875
confidential. The records are not public records for the purposes	46876
of section 149.43 of the Revised Code and are not subject to	46877
discovery by subpoena or admissible as evidence in any judicial	46878
proceeding.	46879

(4) The program coordinator may disclose information	46880
regarding a participant's progress in the program to any person or	46881
government entity that the participant authorizes in writing to be	46882
given the information. In disclosing information under this	46883
division, the coordinator shall not include any information that	46884
is protected under section 3793.13 of the Revised Code or any	46885
federal statute or regulation that provides for the	46886
confidentiality of medical, mental health, or substance abuse	46887
records.	46888

(F) In the absence of fraud or bad faith, the program	46889
coordinator, the board of nursing, and the board's employees and	46890
representatives are not liable for damages in any civil action as	46891
a result of disclosing information in accordance with division	46892
(E)(4) of this section. In the absence of fraud or bad faith, any	46893
person reporting to the program with regard to an individual's	46894
chemical dependence, or the progress or lack of progress of that	46895
individual with regard to treatment, is not liable for damages in	46896
any civil action as a result of the report.	46897

Sec. 4723.431.  (A) Except as provided in division (C)(1) of	46898
this section, a clinical nurse specialist, certified	46899
nurse-midwife, or certified nurse practitioner may practice only	46900
in accordance with a standard care arrangement entered into with	46901
each physician or podiatrist with whom the nurse collaborates. A	46902
copy of the standard care arrangement shall be retained on file at	46903
each site where the nurse practices. Prior approval of the	46904
standard care arrangement by the board of nursing is not required,	46905
but the board may periodically review it for compliance with this	46906
section.	46907

A clinical nurse specialist, certified nurse-midwife, or	46908
certified nurse practitioner may enter into a standard care	46909
arrangement with one or more collaborating physicians or	46910
podiatrists. Each physician or podiatrist must be actively engaged	46911
in direct clinical practice in this state and practicing in a	46912
specialty that is the same as or similar to the nurse's nursing	46913
specialty. If a collaborating physician or podiatrist enters into	46914
standard care arrangements with more than three nurses who hold	46915
certificates to prescribe issued under section 4723.48 of the	46916
Revised Code, the physician or podiatrist shall not collaborate at	46917
the same time with more than three of the nurses in the	46918
prescribing component of their practices.	46919

(B) A standard care arrangement shall be in writing and,	46920
except as provided in division (C)(2) of this section, shall	46921
contain all of the following:	46922

(1) Criteria for referral of a patient by the clinical nurse	46923
specialist, certified nurse-midwife, or certified nurse	46924
practitioner to a collaborating physician or podiatrist;	46925

(2) A process for the clinical nurse specialist, certified	46926
nurse-midwife, or certified nurse practitioner to obtain a	46927
consultation with a collaborating physician or podiatrist;	46928

(3) A plan for coverage in instances of emergency or planned	46929
absences of either the clinical nurse specialist, certified	46930
nurse-midwife, or certified nurse practitioner or a collaborating	46931
physician or podiatrist that provides the means whereby a	46932
physician or podiatrist is available for emergency care;	46933

(4) The process for resolution of disagreements regarding	46934
matters of patient management between the clinical nurse	46935
specialist, certified nurse-midwife, or certified nurse	46936
practitioner and a collaborating physician or podiatrist;	46937

(5) A procedure for a regular review of the referrals by the	46938
clinical nurse specialist, certified nurse-midwife, or certified	46939
nurse practitioner to other health care professionals and the care	46940
outcomes for a random sample of all patients seen by the nurse;	46941

(6) If the clinical nurse specialist or certified nurse	46942
practitioner regularly provides services to infants, a policy for	46943
care of infants up to age one and recommendations for	46944
collaborating physician visits for children from birth to age	46945
three;	46946

(7) Any other criteria required by rule of the board adopted	46947
pursuant to section 4723.07 or 4723.50 of the Revised Code.	46948

(C) A standard care arrangement entered into pursuant to this	46949
section may permit a clinical nurse specialist, certified	46950
nurse-midwife, or certified nurse practitioner to supervise	46951
services provided by a home health agency as defined in section	46952
3701.881 of the Revised Code.	46953

(D)(1) A clinical nurse specialist who does not hold a	46954
certificate to prescribe and whose nursing specialty is mental	46955
health or psychiatric mental health, as determined by the board,	46956
is not required to enter into a standard care arrangement, but	46957
shall practice in collaboration with one or more physicians.	46958

(2) If a clinical nurse specialist practicing in either of	46959
the specialties specified in division (C)(1) of this section holds	46960
a certificate to prescribe, the nurse shall enter into a standard	46961
care arrangement with one or more physicians. The standard care	46962
arrangement must meet the requirements of division (B) of this	46963
section, but only to the extent necessary to address the	46964
prescribing component of the nurse's practice.	46965

(D)(E) Nothing in this section prohibits a hospital from	46966
hiring a clinical nurse specialist, certified nurse-midwife, or	46967
certified nurse practitioner as an employee and negotiating	46968
standard care arrangements on behalf of the employee as necessary	46969
to meet the requirements of this section. A standard care	46970
arrangement between the hospital's employee and the employee's	46971
collaborating physician is subject to approval by the medical	46972
staff and governing body of the hospital prior to implementation	46973
of the arrangement at the hospital.	46974

Sec. 4723.63.  On receipt of a notice pursuant to section	46975
3123.43 of the Revised Code, the board of nursing shall comply	46976
with sections 3123.41 to 3123.50 of the Revised Code and any	46977
applicable rules adopted under section 3123.63 of the Revised Code	46978
with respect to a nursing license or, dialysis technician	46979
certificate, or community health worker certificate issued	46980
pursuant to this chapter.	46981

Sec. 4723.81. The board of nursing shall develop and	46982
implement a program for the certification of community health	46983
workers. The board shall begin issuing community health worker	46984
certificates under section 4723.85 of the Revised Code not later	46985
than February 1, 2005.	46986

The certification program shall reflect the board's	46987
recognition of individuals who, as community representatives,	46988
advocate for individuals and groups in the community by assisting	46989
them in accessing community health and supportive resources	46990
through the provision of such services as education, role	46991
modeling, outreach, home visits, and referrals, any of which may	46992
be targeted toward an individual, family, or entire community. The	46993
certification program also shall reflect the board's recognition	46994
of the individuals as members of the community with a unique	46995
perspective of community needs that enables them to develop	46996
culturally appropriate solutions to problems and translate the	46997
solutions into practice.	46998

The certification program does not require an individual to	46999
obtain a community health worker certificate as a means of	47000
authorizing the individual to perform any of the activities that	47001
may be performed by an individual who holds a community health	47002
worker certificate.	47003

Sec. 4723.82. (A) An individual who holds a current, valid	47004
community health worker certificate issued by the board of nursing	47005
under section 4723.85 of the Revised Code may use the title	47006
"certified community health worker" or "community health worker."	47007
When providing services within the community, the certificate	47008
holder may represent to the public that the individual is	47009
providing the services under either title.	47010

(B)(1) Holding a community health worker certificate does not	47011
authorize an individual to administer medications or perform any	47012
other activity that requires judgment based on nursing knowledge	47013
or expertise. Any activities performed by a certified community	47014
health worker that are related to nursing care shall be performed	47015
only pursuant to the delegation of a registered nurse acting in	47016
accordance with the rules for delegation adopted under this	47017
chapter. Any other health-related activities performed by a	47018
certified community health worker shall be performed only under	47019
the supervision of a health professional acting within the scope	47020
of the professional's practice.	47021

Only a registered nurse may supervise a certified community	47022
health worker when performing delegated activities related to	47023
nursing care. The registered nurse supervising a certified	47024
community health worker shall provide the supervision in	47025
accordance with the rules for delegation adopted under this	47026
chapter and the rules for supervision of community health workers	47027
adopted under section 4723.88 of the Revised Code, including the	47028
rules limiting the number of certified community health workers	47029
who may be supervised at any one time.	47030

(2) A registered nurse who delegates activities to a	47031
certified community health worker or supervises a certified	47032
community health worker in the performance of delegated activities	47033
is not liable in damages to any person or government entity in a	47034
civil action for injury, death, or loss to person or property that	47035
allegedly arises from an action or omission of the certified	47036
community health worker in performing the activities, if the	47037
registered nurse delegates the activities or provides the	47038
supervision in accordance with this chapter and the rules adopted	47039
under this chapter.	47040

Sec. 4723.83. (A) An individual seeking a community health	47041
worker certificate shall submit an application to the board of	47042
nursing on forms the board shall prescribe and furnish. The	47043
applicant shall include all information the board requires to	47044
process the application. The application shall be accompanied by	47045
the fee established in rules adopted under section 4723.88 of the	47046
Revised Code.	47047

(B) An applicant for a community health worker certificate	47048
shall submit a request to the bureau of criminal identification	47049
and investigation for a criminal records check of the applicant.	47050
The request shall be on the form prescribed pursuant to division	47051
(C)(1) of section 109.572 of the Revised Code, accompanied by a	47052
standard impression sheet to obtain fingerprints prescribed	47053
pursuant to division (C)(2) of that section, and accompanied by	47054
the fee prescribed pursuant to division (C)(3) of that section. On	47055
receipt of the completed form, the completed impression sheet, and	47056
the fee, the bureau shall conduct a criminal records check of the	47057
applicant. On completion of the criminal records check, the bureau	47058
shall send the results of the check to the board. The applicant	47059
shall ask the superintendent of the bureau of criminal	47060
identification and investigation to request that the federal	47061
bureau of investigation provide the superintendent with any	47062
information it has with respect to the applicant.	47063

The results of any criminal records check conducted pursuant	47064
to a request made under this section, and any report containing	47065
those results, are not public records for purposes of section	47066
149.43 of the Revised Code and shall not be made available to any	47067
person or for any purpose other than the following:	47068

(1) The results may be made available to any person for use	47069
in determining whether the individual who is the subject of the	47070
check should be issued a community health worker certificate.	47071

(2) The results may be made available to the individual who	47072
is the subject of the check or that individual's representative.	47073

Sec. 4723.84. (A) To be eligible to receive a community	47074
health worker certificate, an applicant shall meet all of the	47075
following conditions:	47076

(1) Be eighteen years of age or older;

47077

(2) Possess a high school diploma or the equivalent of a high	47078
school diploma, as determined by the board;	47079

(3) Except as provided in division (B) of this section,	47080
successfully complete a community health worker training program	47081
approved by the board under section 4723.87 of the Revised Code;	47082

(4) Have results on the criminal records check requested	47083
under section 4723.83 of the Revised Code indicating that the	47084
individual has not been convicted of, has not pleaded guilty to,	47085
and has not had a judicial finding of guilt for violating section	47086
2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02, 2907.03,	47087
2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code or a	47088
substantially similar law of another state, the United States, or	47089
another country;	47090

(5) Meet all other requirements the board specifies in rules	47091
adopted under section 4723.88 of the Revised Code.	47092

(B) In lieu of meeting the condition of completing a	47093
community health worker training program, an applicant may be	47094
issued a community health worker certificate if the individual was	47095
employed in a capacity substantially the same as a community	47096
health worker before the board implemented the certification	47097
program. To be eligible under this division, an applicant must	47098
meet the requirements specified in rules adopted by the board	47099
under section 4723.88 of the Revised Code and provide	47100
documentation from the employer attesting to the employer's belief	47101
that the applicant is competent to perform activities as a	47102
certified community health worker.	47103

Sec. 4723.85. (A) The board of nursing shall review all	47104
applications received under section 4723.83 of the Revised Code.	47105
If an applicant meets the requirements of section 4723.84 of the	47106
Revised Code, the board shall issue a community health worker	47107
certificate to the applicant.	47108

(B) A community health worker certificate issued under this	47109
section expires biennially and may be renewed in accordance with	47110
the schedule and procedures established by the board in rules	47111
adopted under section 4723.88 of the Revised Code. To be eligible	47112
for renewal, an individual must complete the continuing education	47113
requirements established by the board in rules adopted under	47114
section 4723.88 of the Revised Code and meet all other	47115
requirements for renewal, as specified in the board's rules	47116
adopted under that section. If an applicant for renewal has	47117
successfully completed the continuing education requirements and	47118
meets all other requirements for renewal, the board shall issue a	47119
renewed community health worker certificate to the applicant.	47120

Sec. 4723.86. The board of nursing, by vote of a quorum, may	47121
deny, revoke, or suspend a community health worker certificate.	47122
The board may impose one or more of the sanctions against an	47123
applicant or certificate holder for any of the reasons it	47124
specifies in rules adopted under section 4723.88 of the Revised	47125
Code. All actions to impose a sanction shall be taken in	47126
accordance with Chapter 119. of the Revised Code.	47127

Sec. 4723.87. (A) A person or government entity seeking to	47128
operate a training program that prepares individuals to become	47129
certified community health workers shall submit an application to	47130
the board of nursing on forms the board shall prescribe and	47131
furnish. The applicant shall include all information the board	47132
requires to process the application. The application shall be	47133
accompanied by the fee established in rules adopted under section	47134
4723.87 of the Revised Code.	47135

The board shall review all applications received. If an	47136
applicant meets the standards for approval established in the	47137
board's rules adopted under section 4723.88 of the Revised Code,	47138
the board shall approve the program.	47139

(B) The board's approval of a training program expires	47140
biennially and may be renewed in accordance with the schedule and	47141
procedures established by the board in rules adopted under section	47142
4723.88 of the Revised Code.	47143

(C) If an approved community health worker training program	47144
ceases to meet the standards for approval, the board shall	47145
withdraw its approval of the program, refuse to renew its approval	47146
of the program, or place the program on provisional approval. In	47147
withdrawing or refusing to renew its approval, the board shall act	47148
in accordance with Chapter 119. of the Revised Code. In placing a	47149
program on provisional approval, the board shall specify the	47150
period of time during which the provisional approval is valid. At	47151
the end of the period, the board shall reconsider whether the	47152
program meets the standards for approval. If the program meets the	47153
standards for approval, the board shall reinstate its full	47154
approval of the program or renew its approval of the program. If	47155
the program does not meet the standards for approval, the board	47156
shall proceed by withdrawing or refusing to renew its approval of	47157
the program.	47158

Sec. 4723.88. The board of nursing, in accordance with	47159
Chapter 119. of the Revised Code, shall adopt rules to administer	47160
and enforce sections 4723.81 to 4723.87 of the Revised Code. The	47161
rules shall establish all of the following:	47162

(A) Standards and procedures for issuance of community health	47163
worker certificates;	47164

(B) Standards for evaluating the competency of an individual	47165
who applies to receive a certificate on the basis of having been	47166
employed in a capacity substantially the same as a community	47167
health worker before the board implemented the certification	47168
program;	47169

(C) Standards and procedures for renewal of community health	47170
worker certificates, including the continuing education	47171
requirements that must be met for renewal;	47172

(D) Standards governing the performance of activities related	47173
to nursing care that are delegated by a registered nurse to	47174
certified community health workers. In establishing the standards,	47175
the board shall specify limits on the number of certified	47176
community health workers a registered nurse may supervise at any	47177
one time.	47178

(E) Standards and procedures for assessing the quality of the	47179
services that are provided by certified community health workers;	47180

(F) Standards and procedures for denying, suspending, and	47181
revoking a community health worker certificate, including reasons	47182
for imposing the sanctions that are substantially similar to the	47183
reasons that sanctions are imposed under section 4723.28 of the	47184
Revised Code;	47185

(G) Standards and procedures for approving and renewing the	47186
board's approval of training programs that prepare individuals to	47187
become certified community health workers. In establishing the	47188
standards, the board shall specify the minimum components that	47189
must be included in a training program, shall require that all	47190
approved training programs offer the standardized curriculum, and	47191
shall ensure that the curriculum enables individuals to use the	47192
training as a basis for entering programs leading to other	47193
careers, including nursing education programs.	47194

(H) Standards and procedures for withdrawing the board's	47195
approval of a training program, refusing to renew the approval of	47196
a training program, and placing a training program on provisional	47197
approval;	47198

(I) Amounts for each fee that may be imposed under division	47199
(A)(25) of section 4723.08 of the Revised Code;	47200

(J) Any other standards or procedures the board considers	47201
necessary and appropriate for the administration and enforcement	47202
of sections 4723.81 to 4723.87 of the Revised Code.	47203

Sec. 4729.01. As used in this chapter:

47204

(A) "Pharmacy," except when used in a context that refers to	47205
the practice of pharmacy, means any area, room, rooms, place of	47206
business, department, or portion of any of the foregoing where the	47207
practice of pharmacy is conducted.	47208

(B) "Practice of pharmacy" means providing pharmacist care	47209
requiring specialized knowledge, judgment, and skill derived from	47210
the principles of biological, chemical, behavioral, social,	47211
pharmaceutical, and clinical sciences. As used in this division,	47212
"pharmacist care" includes the following:	47213

(1) Interpreting prescriptions;

47214

(2) Compounding or dispensing drugs and dispensing drug	47215
therapy related devices;	47216

(3) Counseling individuals with regard to their drug therapy,	47217
recommending drug therapy related devices, and assisting in the	47218
selection of drugs and appliances for treatment of common diseases	47219
and injuries and providing instruction in the proper use of the	47220
drugs and appliances;	47221

(4) Performing drug regimen reviews with individuals by	47222
discussing all of the drugs that the individual is taking and	47223
explaining the interactions of the drugs;	47224

(5) Performing drug utilization reviews with licensed health	47225
professionals authorized to prescribe drugs when the pharmacist	47226
determines that an individual with a prescription has a drug	47227
regimen that warrants additional discussion with the prescriber;	47228

(6) Advising an individual and the health care professionals	47229
treating an individual with regard to the individual's drug	47230
therapy;	47231

(7) Acting pursuant to a consult agreement with a physician	47232
authorized under Chapter 4731. of the Revised Code to practice	47233
medicine and surgery or osteopathic medicine and surgery, if an	47234
agreement has been established with the physician;	47235

(8) Administering by injection the adult immunizations	47236
specified in section 4729.41 of the Revised Code, if the	47237
pharmacist has met the requirements of that section.	47238

(C) "Compounding" means the preparation, mixing, assembling,	47239
packaging, and labeling of one or more drugs in any of the	47240
following circumstances:	47241

(1) Pursuant to a prescription issued by a licensed health	47242
professional authorized to prescribe drugs;	47243

(2) Pursuant to the modification of a prescription made in	47244
accordance with a consult agreement;	47245

(3) As an incident to research, teaching activities, or	47246
chemical analysis;	47247

(4) In anticipation of prescription drug orders based on	47248
routine, regularly observed dispensing patterns.	47249

(D) "Consult agreement" means an agreement to manage an	47250
individual's drug therapy that has been entered into by a	47251
pharmacist and a physician authorized under Chapter 4731. of the	47252
Revised Code to practice medicine and surgery or osteopathic	47253
medicine and surgery.	47254

(E) "Drug" means:

47255

(1) Any article recognized in the United States pharmacopoeia	47256
and national formulary, or any supplement to them, intended for	47257
use in the diagnosis, cure, mitigation, treatment, or prevention	47258
of disease in humans or animals;	47259

(2) Any other article intended for use in the diagnosis,	47260
cure, mitigation, treatment, or prevention of disease in humans or	47261
animals;	47262

(3) Any article, other than food, intended to affect the	47263
structure or any function of the body of humans or animals;	47264

(4) Any article intended for use as a component of any	47265
article specified in division (C)(1), (2), or (3) of this section;	47266
but does not include devices or their components, parts, or	47267
accessories.	47268

(F) "Dangerous drug" means any of the following:

47269

(1) Any drug to which either of the following applies:

47270

(a) Under the "Federal Food, Drug, and Cosmetic Act," 52	47271
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is	47272
required to bear a label containing the legend "Caution: Federal	47273
law prohibits dispensing without prescription" or "Caution:	47274
Federal law restricts this drug to use by or on the order of a	47275
licensed veterinarian" or any similar restrictive statement, or	47276
the drug may be dispensed only upon a prescription;	47277

(b) Under Chapter 3715. or 3719. of the Revised Code, the	47278
drug may be dispensed only upon a prescription.	47279

(2) Any drug that contains a schedule V controlled substance	47280
and that is exempt from Chapter 3719. of the Revised Code or to	47281
which that chapter does not apply;	47282

(3) Any drug intended for administration by injection into	47283
the human body other than through a natural orifice of the human	47284
body.	47285

(G) "Federal drug abuse control laws" has the same meaning as	47286
in section 3719.01 of the Revised Code.	47287

(H) "Prescription" means a written, electronic, or oral order	47288
for drugs or combinations or mixtures of drugs to be used by a	47289
particular individual or for treating a particular animal, issued	47290
by a licensed health professional authorized to prescribe drugs.	47291

(I) "Licensed health professional authorized to prescribe	47292
drugs" or "prescriber" means an individual who is authorized by	47293
law to prescribe drugs or dangerous drugs or drug therapy related	47294
devices in the course of the individual's professional practice,	47295
including only the following:	47296

(1) A dentist licensed under Chapter 4715. of the Revised	47297
Code;	47298

(2) Until January 17, 2000, an advanced practice nurse	47299
approved under section 4723.56 of the Revised Code to prescribe	47300
drugs and therapeutic devices;	47301

(3) A clinical nurse specialist, certified nurse-midwife, or	47302
certified nurse practitioner who holds a certificate to prescribe	47303
issued under section 4723.48 of the Revised Code;	47304

(4) An optometrist licensed under Chapter 4725. of the	47305
Revised Code to practice optometry under a therapeutic	47306
pharmaceutical agents certificate;	47307

(5) A physician authorized under Chapter 4731. of the Revised	47308
Code to practice medicine and surgery, osteopathic medicine and	47309
surgery, or podiatry;	47310

(6) A veterinarian licensed under Chapter 4741. of the	47311
Revised Code.	47312

(J) "Sale" and "sell" include delivery, transfer, barter,	47313
exchange, or gift, or offer therefor, and each such transaction	47314
made by any person, whether as principal proprietor, agent, or	47315
employee.	47316

(K) "Wholesale sale" and "sale at wholesale" mean any sale in	47317
which the purpose of the purchaser is to resell the article	47318
purchased or received by the purchaser.	47319

(L) "Retail sale" and "sale at retail" mean any sale other	47320
than a wholesale sale or sale at wholesale.	47321

(M) "Retail seller" means any person that sells any dangerous	47322
drug to consumers without assuming control over and responsibility	47323
for its administration. Mere advice or instructions regarding	47324
administration do not constitute control or establish	47325
responsibility.	47326

(N) "Price information" means the price charged for a	47327
prescription for a particular drug product and, in an easily	47328
understandable manner, all of the following:	47329

(1) The proprietary name of the drug product;

47330

(2) The established (generic) name of the drug product;

47331

(3) The strength of the drug product if the product contains	47332
a single active ingredient or if the drug product contains more	47333
than one active ingredient and a relevant strength can be	47334
associated with the product without indicating each active	47335
ingredient. The established name and quantity of each active	47336
ingredient are required if such a relevant strength cannot be so	47337
associated with a drug product containing more than one	47338
ingredient.	47339

(4) The dosage form;

47340

(5) The price charged for a specific quantity of the drug	47341
product. The stated price shall include all charges to the	47342
consumer, including, but not limited to, the cost of the drug	47343
product, professional fees, handling fees, if any, and a statement	47344
identifying professional services routinely furnished by the	47345
pharmacy. Any mailing fees and delivery fees may be stated	47346
separately without repetition. The information shall not be false	47347
or misleading.	47348

(O) "Wholesale distributor of dangerous drugs" means a person	47349
engaged in the sale of dangerous drugs at wholesale and includes	47350
any agent or employee of such a person authorized by the person to	47351
engage in the sale of dangerous drugs at wholesale.	47352

(P) "Manufacturer of dangerous drugs" means a person, other	47353
than a pharmacist, who manufactures dangerous drugs and who is	47354
engaged in the sale of those dangerous drugs within this state.	47355

(Q) "Terminal distributor of dangerous drugs" means a person	47356
who is engaged in the sale of dangerous drugs at retail, or any	47357
person, other than a wholesale distributor or a pharmacist, who	47358
has possession, custody, or control of dangerous drugs for any	47359
purpose other than for that person's own use and consumption, and	47360
includes pharmacies, hospitals, nursing homes, and laboratories	47361
and all other persons who procure dangerous drugs for sale or	47362
other distribution by or under the supervision of a pharmacist or	47363
licensed health professional authorized to prescribe drugs.	47364

(R) "Promote to the public" means disseminating a	47365
representation to the public in any manner or by any means, other	47366
than by labeling, for the purpose of inducing, or that is likely	47367
to induce, directly or indirectly, the purchase of a dangerous	47368
drug at retail.	47369

(S) "Person" includes any individual, partnership,	47370
association, limited liability company, or corporation, the state,	47371
any political subdivision of the state, and any district,	47372
department, or agency of the state or its political subdivisions.	47373

(T) "Finished dosage form" has the same meaning as in section	47374
3715.01 of the Revised Code.	47375

(U) "Generically equivalent drug" has the same meaning as in	47376
section 3715.01 of the Revised Code.	47377

(V) "Animal shelter" means a facility operated by a humane	47378
society or any society organized under Chapter 1717. of the	47379
Revised Code or a dog pound operated pursuant to Chapter 955. of	47380
the Revised Code.	47381

(W) "Food" has the same meaning as in section 3715.01 of the	47382
Revised Code.	47383

Sec. 4729.41. (A) A pharmacist licensed under this chapter	47384
who meets the requirements of division (B) of this section may	47385
administer, by injection, adult immunizations for any of the	47386
following:	47387

(1) Influenza;

47388

(2) Pneumonia;

47389

(3) Tetanus;

47390

(4) Hepatitis A;

47391

(5) Hepatitis B.

47392

(B) To be authorized to administer the adult immunizations	47393
specified in division (A) of this section, a pharmacist shall do	47394
all of the following:	47395

(1) Successfully complete a course in the administration of	47396
adult immunizations that has been approved by the state board of	47397
pharmacy as meeting the standards established for such courses by	47398
the centers for disease control and prevention in the public	47399
health service of the United States department of health and human	47400
services;	47401

(2) Receive and maintain certification to perform basic	47402
life-support procedures by successfully completing a basic	47403
life-support training course certified by the American red cross	47404
or American heart association;	47405

(3) Practice in accordance with a definitive set of treatment	47406
guidelines specified in a protocol established by a physician and	47407
approved by the state board of pharmacy. The protocol shall	47408
include provisions requiring that the pharmacist do both of the	47409
following:	47410

(a) Observe an individual who has been immunized by the	47411
pharmacist to determine whether the individual has an adverse	47412
reaction to the immunization. The length of time and location of	47413
the observation shall be specified in rules adopted by the state	47414
board of pharmacy under division (D) of this section.	47415

(b) Not later than thirty days after administering an adult	47416
immunization to an individual, notify the individual's family	47417
physician or, if the individual has no family physician, the board	47418
of health of the health district in which the individual resides.	47419

(C) No pharmacist shall do either of the following:

47420

(1) Engage in the administration of adult immunizations by	47421
injection unless the requirements of division (B) of this section	47422
have been met;	47423

(2) Delegate to any person the pharmacist's authority to	47424
administer adult immunizations.	47425

(D) The state board of pharmacy shall adopt rules to	47426
implement this section, including rules for approval of courses in	47427
administration of adult immunizations and approval of protocols to	47428
be followed by pharmacists in administering adult immunizations.	47429
Prior to adopting the rules regarding approval of protocols, the	47430
state board of pharmacy shall consult with the state medical board	47431
and the board of nursing. The rules shall be adopted in accordance	47432
with Chapter 119. of the Revised Code.	47433

Sec. 4731.27.  (A) As used in this section, "collaboration,"	47434
"physician," "standard care arrangement," and "supervision" have	47435
the same meanings as in section 4723.01 of the Revised Code.	47436

(B) Except as provided in division (C)(D)(1) of section	47437
4723.431 of the Revised Code, a physician or podiatrist shall	47438
enter into a standard care arrangement with each clinical nurse	47439
specialist, certified nurse-midwife, or certified nurse	47440
practitioner with whom the physician or podiatrist is in	47441
collaboration. The collaborating physician or podiatrist shall	47442
fulfill the responsibilities of collaboration, as specified in the	47443
arrangement and in accordance with division (A) of section	47444
4723.431 of the Revised Code. A copy of the standard care	47445
arrangement shall be retained on file at each site where the nurse	47446
practices. Prior approval of the standard care arrangement by the	47447
state medical board is not required, but the board may	47448
periodically review it.	47449

Nothing in this division prohibits a hospital from hiring a	47450
clinical nurse specialist, certified nurse-midwife, or certified	47451
nurse practitioner as an employee and negotiating standard care	47452
arrangements on behalf of the employee as necessary to meet the	47453
requirements of this section. A standard care arrangement between	47454
the hospital's employee and the employee's collaborating physician	47455
is subject to approval by the medical staff and governing body of	47456
the hospital prior to implementation of the arrangement at the	47457
hospital.	47458

(C) With respect to a clinical nurse specialist, certified	47459
nurse-midwife, or certified nurse practitioner participating in an	47460
externship pursuant to an initial certificate to prescribe issued	47461
under section 4723.48 of the Revised Code, the physician	47462
responsible for evaluating the externship shall provide the state	47463
medical board with the name of the nurse. If the externship is	47464
terminated for any reason, the physician shall notify the board.	47465

(D) A physician or podiatrist shall cooperate with the board	47466
of nursing in any investigation the board conducts with respect to	47467
a clinical nurse specialist, certified nurse-midwife, or certified	47468
nurse practitioner who collaborates with the physician or	47469
podiatrist or with respect to a certified registered nurse	47470
anesthetist who practices with the supervision of the physician or	47471
podiatrist.	47472

Sec. 4731.65.  As used in sections 4731.65 to 4731.71 of the	47473
Revised Code:	47474

(A)(1) "Clinical laboratory services" means either of the	47475
following:	47476

(a) Any examination of materials derived from the human body	47477
for the purpose of providing information for the diagnosis,	47478
prevention, or treatment of any disease or impairment or for the	47479
assessment of health;	47480

(b) Procedures to determine, measure, or otherwise describe	47481
the presence or absence of various substances or organisms in the	47482
body.	47483

(2) "Clinical laboratory services" does not include the mere	47484
collection or preparation of specimens.	47485

(B) "Designated health services" means any of the following:

47486

(1) Clinical laboratory services;

47487

(2) Home health care services;

47488

(3) Outpatient prescription drugs.

47489

(C) "Fair market value" means the value in arms-length	47490
transactions, consistent with general market value and:	47491

(1) With respect to rentals or leases, the value of rental	47492
property for general commercial purposes, not taking into account	47493
its intended use;	47494

(2) With respect to a lease of space, not adjusted to reflect	47495
the additional value the prospective lessee or lessor would	47496
attribute to the proximity or convenience to the lessor if the	47497
lessor is a potential source of referrals to the lessee.	47498

(D) "Governmental health care program" means any program	47499
providing health care benefits that is administered by the federal	47500
government, this state, or a political subdivision of this state,	47501
including the medicare program established under Title XVIII of	47502
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	47503
as amended, health care coverage for public employees, health care	47504
benefits administered by the bureau of workers' compensation, the	47505
medical assistance program established under Chapter 5111. of the	47506
Revised Code, and the disability assistance medical assistance	47507
program established under Chapter 5115. of the Revised Code.	47508

(E)(1) "Group practice" means a group of two or more holders	47509
of certificates under this chapter legally organized as a	47510
partnership, professional corporation or association, limited	47511
liability company, foundation, nonprofit corporation, faculty	47512
practice plan, or similar group practice entity, including an	47513
organization comprised of a nonprofit medical clinic that	47514
contracts with a professional corporation or association of	47515
physicians to provide medical services exclusively to patients of	47516
the clinic in order to comply with section 1701.03 of the Revised	47517
Code and including a corporation, limited liability company,	47518
partnership, or professional association described in division (B)	47519
of section 4731.226 of the Revised Code formed for the purpose of	47520
providing a combination of the professional services of	47521
optometrists who are licensed, certificated, or otherwise legally	47522
authorized to practice optometry under Chapter 4725. of the	47523
Revised Code, chiropractors who are licensed, certificated, or	47524
otherwise legally authorized to practice chiropractic under	47525
Chapter 4734. of the Revised Code, psychologists who are licensed,	47526
certificated, or otherwise legally authorized to practice	47527
psychology under Chapter 4732. of the Revised Code, registered or	47528
licensed practical nurses who are licensed, certificated, or	47529
otherwise legally authorized to practice nursing under Chapter	47530
4723. of the Revised Code, pharmacists who are licensed,	47531
certificated, or otherwise legally authorized to practice pharmacy	47532
under Chapter 4729. of the Revised Code, physical therapists who	47533
are licensed, certificated, or otherwise legally authorized to	47534
practice physical therapy under sections 4755.40 to 4755.53 of the	47535
Revised Code, mechanotherapists who are licensed, certificated, or	47536
otherwise legally authorized to practice mechanotherapy under	47537
section 4731.151 of the Revised Code, and doctors of medicine and	47538
surgery, osteopathic medicine and surgery, or podiatric medicine	47539
and surgery who are licensed, certificated, or otherwise legally	47540
authorized for their respective practices under this chapter, to	47541
which all of the following apply:	47542

(a) Each physician who is a member of the group practice	47543
provides substantially the full range of services that the	47544
physician routinely provides, including medical care,	47545
consultation, diagnosis, or treatment, through the joint use of	47546
shared office space, facilities, equipment, and personnel.	47547

(b) Substantially all of the services of the members of the	47548
group are provided through the group and are billed in the name of	47549
the group and amounts so received are treated as receipts of the	47550
group.	47551

(c) The overhead expenses of and the income from the practice	47552
are distributed in accordance with methods previously determined	47553
by members of the group.	47554

(d) The group practice meets any other requirements that the	47555
state medical board applies in rules adopted under section 4731.70	47556
of the Revised Code.	47557

(2) In the case of a faculty practice plan associated with a	47558
hospital with a medical residency training program in which	47559
physician members may provide a variety of specialty services and	47560
provide professional services both within and outside the group,	47561
as well as perform other tasks such as research, the criteria in	47562
division (E)(1) of this section apply only with respect to	47563
services rendered within the faculty practice plan.	47564

(F) "Home health care services" and "immediate family" have	47565
the same meanings as in the rules adopted under section 4731.70 of	47566
the Revised Code.	47567

(G) "Hospital" has the same meaning as in section 3727.01 of	47568
the Revised Code.	47569

(H) A "referral" includes both of the following:

47570

(1) A request by a holder of a certificate under this chapter	47571
for an item or service, including a request for a consultation	47572
with another physician and any test or procedure ordered by or to	47573
be performed by or under the supervision of the other physician;	47574

(2) A request for or establishment of a plan of care by a	47575
certificate holder that includes the provision of designated	47576
health services.	47577

(I) "Third-party payer" has the same meaning as in section	47578
3901.38 of the Revised Code.	47579

Sec. 4731.71.  The auditor of state may implement procedures	47580
to detect violations of section 4731.66 or 4731.69 of the Revised	47581
Code within governmental health care programs administered by the	47582
state. The auditor of state shall report any violation of either	47583
section to the state medical board and shall certify to the	47584
attorney general in accordance with section 131.02 of the Revised	47585
Code the amount of any refund owed to a state-administered	47586
governmental health care program under section 4731.69 of the	47587
Revised Code as a result of a violation. If a refund is owed to	47588
the medical assistance program established under Chapter 5111. of	47589
the Revised Code or the disability assistance medical assistance	47590
program established under Chapter 5115. of the Revised Code, the	47591
auditor of state also shall report the amount to the department of	47592
commerce.	47593

The state medical board also may implement procedures to	47594
detect violations of section 4731.66 or 4731.69 of the Revised	47595
Code.	47596

Sec.  4734.15.  (A) The license provided for in this chapter	47597
shall entitle the holder thereof to practice chiropractic in this	47598
state. All of the following apply to the practice of chiropractic	47599
in this state:	47600

(1) A chiropractor is authorized to examine, diagnose, and	47601
assume responsibility for the care of patients, any or all of	47602
which is included in the practice of chiropractic.	47603

(2) The practice of chiropractic does not permit the	47604
chiropractor to treat infectious, contagious, or venereal disease,	47605
to perform surgery or acupuncture, or to prescribe or administer	47606
drugs for treatment.	47607

(3) A chiropractor may use roentgen rays only for diagnostic	47608
purposes.	47609

(4) The practice of chiropractic does not include the	47610
performance of abortions.	47611

(B) An individual holding a valid, current license to	47612
practice chiropractic is entitled to use the title "doctor,"	47613
"doctor of chiropractic," "chiropractic physician," or	47614
"chiropractic" and is a "physician" for the purposes of Chapter	47615
4123. of the Revised Code and the medicaid program operated	47616
pursuant to Chapter 5111. of the Revised Code.	47617

Sec. 4736.12.  (A) The state board of sanitarian registration	47618
shall charge the following fees:	47619

(1) To apply as a sanitarian-in-training, fifty-seven	47620
seventy-five dollars;	47621

(2) For sanitarians-in-training to apply for registration as	47622
sanitarians, fifty-sevenseventy-five dollars. The applicant shall	47623
pay this fee only once regardless of the number of times the	47624
applicant takes an examination required under section 4736.08 of	47625
the Revised Code.	47626

(3) For persons other than sanitarians-in-training to apply	47627
for registration as sanitarians, including persons meeting the	47628
requirements of section 4736.16 of the Revised Code, one hundred	47629
fourteenfifty dollars. The applicant shall pay this fee only once	47630
regardless of the number of times the applicant takes an	47631
examination required under section 4736.08 of the Revised Code.	47632

(4) The renewal fee for registered sanitarians shall be fixed	47633
by the board and shall not exceed sixty-onesixty-nine dollars.	47634

(5) The renewal fee for sanitarians-in-training shall be	47635
fixed by the board and shall not exceed sixty-onesixty-nine	47636
dollars.	47637

(6) For late application for renewal, twenty-five dollars.

47638

The board of sanitarian registration, with the approval of	47639
the controlling board, may establish fees in excess of the amounts	47640
provided in this section, provided that such fees do not exceed	47641
the amounts permitted by this section by more than fifty per cent.	47642

(B) The board of sanitarian registration shall charge	47643
separate fees for examinations as required by section 4736.08 of	47644
the Revised Code, provided that the fees are not in excess of the	47645
actual cost to the board of conducting the examinations.	47646

(C) The board of sanitarian registration may adopt rules	47647
establishing fees for all of the following:	47648

(1) Application for the registration of a training agency	47649
approved under rules adopted by the board pursuant to section	47650
4736.11 of the Revised Code and for the annual registration	47651
renewal of an approved training agency.	47652

(2) Application for the review of continuing education hours	47653
submitted for the board's approval by approved training agencies	47654
or by registered sanitarians or sanitarians-in-training.	47655

Sec. 4743.05.  Except as otherwise provided in sections	47656
4701.20, 4723.062, 4723.082, and 4729.65 of the Revised Code, all	47657
money collected under Chapters 3773., 4701., 4703., 4709., 4713.,	47658
4715., 4717., 4723., 4725., 4729., 4732., 4733., 4734., 4736.,	47659
4741., 4753., 4755., 4757., 4758., 4759., and 4761., 4771., and	47660
4779. of the Revised Code, and until December 31, 2004, money	47661
collected under Chapter 4779. of the Revised Code, shall be paid	47662
into the state treasury to the credit of the occupational	47663
licensing and regulatory fund, which is hereby created for use in	47664
administering such chapters.	47665

At the end of each quarter, the director of budget and	47666
management shall transfer from the occupational licensing and	47667
regulatory fund to the nurse education assistance fund created in	47668
section 3333.28 of the Revised Code the amount certified to the	47669
director under division (B) of section 4723.08 of the Revised	47670
Code.	47671

At the end of each quarter, the director shall transfer from	47672
the occupational licensing and regulatory fund to the certified	47673
public accountant education assistance fund created in section	47674
4701.26 of the Revised Code the amount certified to the director	47675
under division (H)(2) of section 4701.10 of the Revised Code.	47676

Sec. 4747.05.  (A) The hearing aid dealers and fitters	47677
licensing board shall issue to each applicant, within sixty days	47678
of receipt of a properly completed application and payment of two	47679
hundred fiftysixty-two dollars, a hearing aid dealer's or	47680
fitter's license if the applicant, if an individual:	47681

(1) Is at least eighteen years of age;

47682

(2) Is a person of good moral character;

47683

(3) Is free of contagious or infectious disease;

47684

(4) Has successfully passed a qualifying examination	47685
specified and administered by the board.	47686

(B) If the applicant is a firm, partnership, association, or	47687
corporation, the application, in addition to such information as	47688
the board requires, shall be accompanied by an application for a	47689
license for each person, whether owner or employee, of the firm,	47690
partnership, association, or corporation, who engages in dealing	47691
in or fitting of hearing aids, or shall contain a statement that	47692
such applications are submitted separately. No firm, partnership,	47693
association, or corporation licensed pursuant to this chapter	47694
shall permit any unlicensed person to sell or fit hearing aids.	47695

(C) Each license issued expires on the thirtieth day of	47696
January of the year following that in which it was issued.	47697

Sec. 4747.06.  (A) Each person engaged in the practice of	47698
dealing in or fitting of hearing aids who holds a valid hearing	47699
aid dealer's or fitter's license shall apply annually to the	47700
hearing aid dealers and fitters licensing board for renewal of	47701
such license under the standard renewal procedure specified in	47702
Chapter 4745. of the Revised Code. The board shall issue to each	47703
applicant, on proof of completion of the continuing education	47704
required by division (B) of this section and payment of one	47705
hundred fiftyfifty-seven dollars on or before the first day of	47706
February, one hundred seventy-fiveeighty-three dollars on or	47707
before the first day of March, or two hundred ten dollars	47708
thereafter, a renewed hearing aid dealer's or fitter's license. No	47709
person who applies for renewal of a hearing aid dealer's or	47710
fitter's license that has expired shall be required to take any	47711
examination as a condition of renewal provided application for	47712
renewal is made within two years of the date such license expired.	47713

(B) Each person engaged in the practice of dealing in or	47714
fitting of hearing aids who holds a valid hearing aid dealer's or	47715
fitter's license shall complete each year not less than ten hours	47716
of continuing professional education approved by the board. On a	47717
form provided by the board, the person shall certify to the board,	47718
at the time of license renewal pursuant to division (A) of this	47719
section, that in the preceding year the person has completed	47720
continuing education in compliance with this division and shall	47721
submit any additional information required by rule of the board	47722
regarding the continuing education. The board shall adopt rules in	47723
accordance with Chapter 119. of the Revised Code establishing the	47724
standards continuing education programs must meet to obtain board	47725
approval and continuing education reporting requirements.	47726

Continuing education may be applied to meet the requirement	47727
of this division if it is provided or certified by any of the	47728
following:	47729

(1) The national institute of hearing instruments studies	47730
committee of the international hearing society;	47731

(2) The American speech-language hearing association;

47732

(3) The American academy of audiology.

47733

The board may excuse persons licensed under this chapter, as	47734
a group or as individuals, from all or any part of the	47735
requirements of this division because of an unusual circumstance,	47736
emergency, or special hardship.	47737

Sec. 4747.07.  Each person who holds a hearing aid dealer's	47738
or fitter's license and engages in the practice of dealing in and	47739
fitting of hearing aids shall display such license in a	47740
conspicuous place in the person's office or place of business at	47741
all times. Each person who maintains more than one office or place	47742
of business shall post a duplicate copy of the license at each	47743
location. The hearing aid dealers and fitters licensing board	47744
shall issue duplicate copies of a license upon receipt of a	47745
properly completed application and payment of fifteensixteen	47746
dollars for each copy requested.	47747

Sec. 4747.10.  Each person currently engaged in training to	47748
become a licensed hearing aid dealer or fitter shall apply to the	47749
hearing aid dealers and fitters licensing board for a hearing aid	47750
dealer's and fitter's trainee permit. The board shall issue to	47751
each applicant within thirty days of receipt of a properly	47752
completed application and payment of one hundred fifty dollars, a	47753
trainee permit if such applicant is:	47754

(A) At least eighteen years of age;

47755

(B) The holder of a diploma from an accredited high school,	47756
or possesses an equivalent education;	47757

(C) A person of good moral character;

47758

(D) Free of contagious or infectious disease.

47759

Each trainee permit issued by the board expires one year from	47760
the date it was first issued, and may be renewed once if the	47761
trainee has not successfully completed the qualifying requirements	47762
for licensing as a hearing aid dealer or fitter before the	47763
expiration date of such permit. The board shall issue a renewed	47764
permit to each applicant upon receipt of a properly completed	47765
application and payment of one hundred five dollars. No person	47766
holding a trainee permit shall engage in the practice of dealing	47767
in or fitting of hearing aids except while under supervision by a	47768
licensed hearing aid dealer or fitter.	47769

Sec. 4749.01.  As used in this chapter:

47770

(A) "Private investigator" means any person who engages in	47771
the business of private investigation.	47772

(B) "Business of private investigation" means, except when	47773
performed by one excluded under division (H) of this section, the	47774
conducting, for hire, in person or through a partner or employees,	47775
of any investigation relevant to any crime or wrong done or	47776
threatened, or to obtain information on the identity, habits,	47777
conduct, movements, whereabouts, affiliations, transactions,	47778
reputation, credibility, or character of any person, or to locate	47779
and recover lost or stolen property, or to determine the cause of	47780
or responsibility for any libel or slander, or any fire, accident,	47781
or damage to property, or to secure evidence for use in any	47782
legislative, administrative, or judicial investigation or	47783
proceeding.	47784

(C) "Security guard provider" means any person who engages in	47785
the business of security services.	47786

(D) "Business of security services" means either of the	47787
following:	47788

(1) Furnishing, for hire, watchpersons, guards, private	47789
patrol officers, or other persons whose primary duties are to	47790
protect persons or property;	47791

(2) Furnishing, for hire, guard dogs, or armored motor	47792
vehicle security services, in connection with the protection of	47793
persons or property.	47794

(E) "Class A license" means a license issued under section	47795
4749.03 of the Revised Code that qualifies the person issued the	47796
license to engage in the business of private investigation and the	47797
business of security services.	47798

(F) "Class B license" means a license issued under section	47799
4749.03 of the Revised Code that qualifies the person issued the	47800
license to engage only in the business of private investigation.	47801

(G) "Class C license" means a license issued under section	47802
4749.03 of the Revised Code that qualifies the person issued the	47803
license to engage only in the business of security services.	47804

(H) "Private investigator," "business of private	47805
investigation," "security guard provider," and "business of	47806
security services" do not include:	47807

(1) Public officers and employees whose official duties	47808
require them to engage in investigatory activities;	47809

(2) Attorneys at law or any expert hired by an attorney at	47810
law for consultation or litigation purposes;	47811

(3) A consumer reporting agency, as defined in the "Fair	47812
Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 1681a, as	47813
amended, provided that the consumer reporting agency is in	47814
compliance with the requirements of that act and that the agency's	47815
activities are confined to any of the following:	47816

(a) The issuance of consumer credit reports;

47817

(b) The conducting of limited background investigations that	47818
pertain only to a client's prospective tenant and that are engaged	47819
in with the prior written consent of the prospective tenant;	47820

(c) The business of pre-employment background investigation.	47821
As used in division (H)(3)(c) of this section, "business of	47822
pre-employment background investigation" means, and is limited to,	47823
furnishing for hire, in person or through a partner or employees,	47824
the conducting of limited background investigations, in-person	47825
interviews, telephone interviews, or written inquiries that	47826
pertain only to a client's prospective employee and the employee's	47827
employment and that are engaged in with the prior written consent	47828
of the prospective employee.	47829

(4) Certified public insurance adjusters that hold a	47830
certificate of authority issued pursuant to sections 3951.01 to	47831
3951.09 of the Revised Code, while the adjuster is investigating	47832
the cause of or responsibility for a fire, accident, or other	47833
damage to property with respect to a claim or claims for loss or	47834
damage under a policy of insurance covering real or personal	47835
property;	47836

(5) Personnel placement services and persons who act as	47837
employees of such entities engaged in investigating matters	47838
related to personnel placement activities;	47839

(6) An employee in the regular course of the employee's	47840
employment, engaged in investigating matters pertinent to the	47841
business of the employee's employer or protecting property in the	47842
possession of the employee's employer, provided the employer is	47843
deducting all applicable state and federal employment taxes on	47844
behalf of the employee and neither the employer nor the employee	47845
is employed by, associated with, or acting for or on behalf of any	47846
private investigator or security guard provider;	47847

(7)(6) Any better business bureau or similar organization or	47848
any of its employees while engaged in the maintenance of the	47849
quality of business activities relating to consumer sales and	47850
services;	47851

(8)(7) An accountant who is registered or certified under	47852
Chapter 4701. of the Revised Code or any of the accountant's	47853
employees while engaged in activities for which the accountant is	47854
certified or registered;	47855

(9)(8) Any person who, for hire or otherwise, conducts	47856
genealogical research in this state.	47857

As used in division (H)(9)(8) of this section, "genealogical	47858
research" means the determination of the origins and descent of	47859
families, including the identification of individuals, their	47860
family relationships, and the biographical details of their lives.	47861
"Genealogical research" does not include furnishing for hire	47862
services for locating missing persons or natural or birth parents	47863
or children.	47864

(10)(9) Any person residing in this state who conducts	47865
research for the purpose of locating the last known owner of	47866
unclaimed funds, provided that the person is in compliance with	47867
Chapter 169. of the Revised Code and rules adopted thereunder. The	47868
exemption set forth in division (H)(10)(9) of this section applies	47869
only to the extent that the person is conducting research for the	47870
purpose of locating the last known owner of unclaimed funds.	47871

As used in division (H)(10)(9) of this section, "owner" and	47872
"unclaimed funds" have the same meanings as in section 169.01 of	47873
the Revised Code.	47874

(11)(10) A professional engineer who is registered under	47875
Chapter 4733. of the Revised Code or any of his employees.	47876

As used in division (H)(11)(10) of this section and	47877
notwithstanding division (I) of this section, "employee" has the	47878
same meaning as in section 4101.01 of the Revised Code.	47879

(12)(11) Any person residing in this state who, for hire or	47880
otherwise, conducts research for the purpose of locating persons	47881
to whom the state of Ohio owes money in the form of warrants, as	47882
defined in division (S) of section 131.01 of the Revised Code,	47883
that the state voided but subsequently reissues.	47884

(13)(12) An independent insurance adjuster who, as an	47885
individual, an independent contractor, an employee of an	47886
independent contractor, adjustment bureau association,	47887
corporation, insurer, partnership, local recording agent, managing	47888
general agent, or self-insurer, engages in the business of	47889
independent insurance adjustment, or any person who supervises the	47890
handling of claims except while acting as an employee of an	47891
insurer licensed in this state while handling claims pertaining to	47892
specific policies written by that insurer.	47893

As used in division (H)(13)(12) of this section, "independent	47894
insurance adjustment" means conducting investigations to determine	47895
the cause of or circumstances concerning a fire, accident, bodily	47896
injury, or damage to real or personal property; determining the	47897
extent of damage of that fire, accident, injury, or property	47898
damage; securing evidence for use in a legislative,	47899
administrative, or judicial investigation or proceeding, adjusting	47900
losses; and adjusting or settling claims, including the	47901
investigation, adjustment, denial, establishment of damages,	47902
negotiation, settlement, or payment of claims in connection with	47903
insurance contractors, self-insured programs, or other similar	47904
insurance programs. "Independent adjuster" does not include either	47905
of the following:	47906

(a) An attorney who adjusts insurance losses incidental to	47907
the practice of law and who does not advertise or represent that	47908
the attorney is an independent insurance adjuster;	47909

(b) A licensed agent or general agent of an insurer licensed	47910
in this state who processes undisputed or uncontested losses for	47911
insurers under policies issued by that agent or general agent.	47912

(14) Except for a commissioned peace officer who engages in	47913
the business of private investigation or compensates others who	47914
engage in the business of private investigation or the business of	47915
security services or both, any commissioned peace officer as	47916
defined in division (B) of section 2935.01 of the Revised Code.	47917

(I) "Employee" means every person who may be required or	47918
directed by any employer, in consideration of direct or indirect	47919
gain or profit, to engage in any employment, or to go, or work, or	47920
be at any time in any place of employment, provided that the	47921
employer of the employee deducts all applicable state and federal	47922
employment taxes on behalf of the employee.	47923

Sec. 4749.02.  The departmentdirector of commercepublic	47924
safety shall administer this chapter through the division of real	47925
estate and professional licensing, and for that purpose, the	47926
superintendent of real estate and professional licensing may	47927
appoint such employees and adopt such rules as the superintendent	47928
director considers necessary.	47929

Sec. 4749.03.  (A)(1) Any individual, including a partner in	47930
a partnership, may be licensed as a private investigator under a	47931
class B license, or as a security guard provider under a class C	47932
license, or as a private investigator and a security guard	47933
provider under a class A license, if the individual meets the	47934
following requirements:	47935

(a) Has a good reputation for integrity, has not been	47936
convicted of a felony within the last twenty years or any offense	47937
involving moral turpitude, and has not been adjudicated	47938
incompetent for the purpose of holding the license, as provided in	47939
section 5122.301 of the Revised Code, without having been restored	47940
to legal capacity for that purpose.	47941

(b) Depending upon the class of license for which application	47942
is made, for a continuous period of at least two years immediately	47943
preceding application for a license, has been engaged in	47944
investigatory or security services work for a law enforcement or	47945
other public agency engaged in investigatory activities, or for a	47946
private investigator or security guard provider, or engaged in the	47947
practice of law, or has acquired equivalent experience as	47948
determined by rule of the director of commercepublic safety.	47949

(c) Demonstrates competency as a private investigator or	47950
security guard provider by passing an examination devised for this	47951
purpose by the director, except that any individually licensed	47952
person who qualifies a corporation for licensure shall not be	47953
required to be reexamined if the person qualifies the corporation	47954
in the same capacity that the person was individually licensed.	47955

(d) Submits evidence of comprehensive general liability	47956
insurance coverage, or other equivalent guarantee approved by the	47957
director in such form and in principal amounts satisfactory to the	47958
director, but not less than one hundred thousand dollars for each	47959
person and three hundred thousand dollars for each occurrence for	47960
bodily injury liability, and one hundred thousand dollars for	47961
property damage liability.	47962

(e) Pays the requisite examination and license fees.

47963

(2) A corporation may be licensed as a private investigator	47964
under a class B license, or as a security guard provider under a	47965
class C license, or as a private investigator and a security guard	47966
provider under a class A license, if an application for licensure	47967
is filed by an officer of the corporation and the officer, another	47968
officer, or the qualifying agent of the corporation satisfies the	47969
requirements of divisions (A)(1) and (F)(1) of this section.	47970
Officers and the statutory agent of a corporation shall be	47971
determined in accordance with Chapter 1701. of the Revised Code.	47972

(3) At least one partner in a partnership shall be licensed	47973
as a private investigator, or as a security guard provider, or as	47974
a private investigator and a security guard provider. Partners in	47975
a partnership shall be determined as provided for in Chapter 1775.	47976
of the Revised Code.	47977

(B) Application for a class A, B, or C license shall be in	47978
writing, under oath, to the director. In the case of an	47979
individual, the application shall state the applicant's name,	47980
birth date, citizenship, physical description, current residence,	47981
residences for the preceding ten years, current employment,	47982
employment for the preceding seven years, experience	47983
qualifications, the location of each of the applicant's offices in	47984
this state, and any other information that is necessary in order	47985
for the director to comply with the requirements of this chapter.	47986
In the case of a corporation, the application shall state the name	47987
of the officer or qualifying agent filing the application; the	47988
state in which the corporation is incorporated and the date of	47989
incorporation; the states in which the corporation is authorized	47990
to transact business; the name of its qualifying agent; the name	47991
of the officer or qualifying agent of the corporation who	47992
satisfies the requirements of divisions (A)(1) and (F)(1) of this	47993
section and the birth date, citizenship, physical description,	47994
current residence, residences for the preceding ten years, current	47995
employment, employment for the preceding seven years, and	47996
experience qualifications of that officer or qualifying agent; and	47997
other information that the director requires. A corporation may	47998
specify in its application information relative to one or more	47999
individuals who satisfy the requirements of divisions (A)(1) and	48000
(F)(1) of this section.	48001

The application shall be accompanied by:

48002

(1) One recent full-face photograph of the applicant or, in	48003
the case of a corporation, of each officer or qualifying agent	48004
specified in the application as satisfying the requirements of	48005
divisions (A)(1) and (F)(1) of this section;	48006

(2) One complete set of the applicant's fingerprints or, in	48007
the case of a corporation, of the fingerprints of each officer or	48008
qualifying agent specified in the application as satisfying the	48009
requirements of divisions (A)(1) and (F)(1) of this section;	48010

(3) Character references from at least five reputable	48011
citizens for the applicant or, in the case of a corporation, for	48012
each officer or qualifying agent specified in the application as	48013
satisfying the requirements of divisions (A)(1) and (F)(1) of this	48014
section, each of whom has known the applicant, officer, or	48015
qualifying agent for at least five years preceding the	48016
application, and none of whom are connected with the applicant,	48017
officer, or qualifying agent by blood or marriage;	48018

(4) An examination fee of twenty-five dollars for the	48019
applicant or, in the case of a corporation, for each officer or	48020
qualifying agent specified in the application as satisfying the	48021
requirements of divisions (A)(1) and (F)(1) of this section, and a	48022
license fee of two hundred fifty dollars. The license fee shall be	48023
refunded if a license is not issued.	48024

(C) Upon receipt of the application and accompanying matter,	48025
the director shall forward to the bureau of criminal	48026
identification and investigation a request that it make an	48027
investigation of the applicant or, in the case of a corporation,	48028
each officer or qualifying agent specified in the application as	48029
satisfying the requirements of divisions (A)(1) and (F)(1) of this	48030
section, to determine whether the applicant, officer, or	48031
qualifying agent meets the requirements of division (A)(1)(a) of	48032
this section. If the director determines that the applicant,	48033
officer, or qualifying agent meets the requirements of divisions	48034
(A)(1)(a), (b) and (d) of this section and that an officer or	48035
qualifying agent meets the requirement of division (F)(1) of this	48036
section, the director shall notify the applicant, officer, or	48037
agent of the time and place for the examination. If the director	48038
determines that an applicant does not meet the requirements of	48039
divisions (A)(1)(a), (b), and (d) of this section, the director	48040
shall notify the applicant that the applicant's application is	48041
refused and refund the license fee. If the director determines	48042
that none of the individuals specified in the application of a	48043
corporation as satisfying the requirements of divisions (A)(1) and	48044
(F)(1) of this section meet the requirements of divisions	48045
(A)(1)(a), (b), and (d) and (F)(1) of this section, the director	48046
shall notify the corporation that its application is refused and	48047
refund the license fee. If the director requests an investigation	48048
of any applicant, officer, or qualifying agent and if the bureau	48049
assesses the director a fee for the investigation, the director,	48050
in addition to any other fee assessed pursuant to this chapter,	48051
may assess the applicant, officer, or qualifying agent, as	48052
appropriate, a fee that is equal to the fee assessed by the	48053
bureau.	48054

(D) If upon application, investigation, and examination, the	48055
director finds that the applicant or, in the case of a	48056
corporation, any officer or qualifying agent specified in the	48057
application as satisfying the requirements of divisions (A)(1) and	48058
(F)(1) of this section, meets the applicable requirements, the	48059
director shall issue the applicant or the corporation a class A,	48060
B, or C license. The director also shall issue to an applicant,	48061
but not an officer or qualifying agent of a corporation, who meets	48062
the applicable requirements an identification card. The license	48063
and identification card shall state the licensee's name, the	48064
classification of the license, the location of the licensee's	48065
principal place of business in this state, and the expiration date	48066
of the license and, in the case of a corporation, it also shall	48067
state the name of each officer or qualifying agent who satisfied	48068
the requirements of divisions (A)(1) and (F)(1) of this section.	48069

Licenses expire on the first day of March following the date	48070
of initial issue, and on the first day of March of each year	48071
thereafter. Renewals shall be according to the standard renewal	48072
procedures contained in Chapter 4745. of the Revised Code, upon	48073
payment of a renewal fee of two hundred fifty dollars. No license	48074
shall be renewed if the licensee or, in the case of a corporation,	48075
each officer or qualifying agent who qualified the corporation for	48076
licensure no longer meets the applicable requirements of this	48077
section. No license shall be renewed unless the licensee provides	48078
evidence of workers' compensation risk coverage and unemployment	48079
compensation insurance coverage, other than for clerical employees	48080
and excepting sole proprietors who are exempted therefrom, as	48081
provided for in Chapters 4123. and 4141. of the Revised Code,	48082
respectively, as well as the licensee's state tax identification	48083
number. No reexamination shall be required for renewal of a	48084
current license.	48085

For purposes of this chapter, a class A, B, or C license	48086
issued to a corporation shall be considered as also having	48087
licensed the individuals who qualified the corporation for	48088
licensure, for as long as they are associated with the	48089
corporation.	48090

For purposes of this division, "sole proprietor" means an	48091
individual licensed under this chapter who does not employ any	48092
other individual.	48093

(E) The director may issue a duplicate copy of a license	48094
issued under this section for the purpose of replacement of a	48095
lost, spoliated, or destroyed license, upon payment of a fee fixed	48096
by the director, not exceeding twenty-five dollars. Any change in	48097
license classification requires new application and application	48098
fees.	48099

(F)(1) In order to qualify a corporation for a class A, B, or	48100
C license, an officer or qualifying agent may qualify another	48101
corporation for similar licensure, provided that the officer or	48102
qualifying agent is actively engaged in the business of both	48103
corporations.	48104

(2) Each officer or qualifying agent who qualifies a	48105
corporation for class A, B, or C licensure shall surrender any	48106
personal license of a similar nature that the officer or	48107
qualifying agent possesses.	48108

(3) Upon written notification to the director, completion of	48109
an application similar to that for original licensure, surrender	48110
of the corporation's current license, and payment of a twenty-five	48111
dollar fee, a corporation's class A, B, or C license may be	48112
transferred to another corporation.	48113

(4) Upon written notification to the director, completion of	48114
an application similar to that for an individual seeking class A,	48115
B, or C licensure, payment of a twenty-five dollar fee, and, if	48116
the individual was the only individual that qualified a	48117
corporation for licensure, surrender of the corporation's license,	48118
any officer or qualifying agent who qualified a corporation for	48119
licensure under this chapter may obtain a similar license in the	48120
individual's own name without reexamination. A request by an	48121
officer or qualifying agent for an individual license shall not	48122
affect a corporation's license unless the individual is the only	48123
individual that qualified the corporation for licensure or all the	48124
other individuals who qualified the corporation for licensure	48125
submit such requests.	48126

(G) If a corporation is for any reason no longer associated	48127
with an individual who qualified it for licensure under this	48128
chapter, an officer of the corporation shall notify the director	48129
of that fact by certified mail, return receipt requested, within	48130
ten days after the association terminates. If the notification is	48131
so given, the individual was the only individual that qualified	48132
the corporation for licensure, and the corporation submits the	48133
name of another officer or qualifying agent to qualify the	48134
corporation for the license within thirty days after the	48135
association terminates, the corporation may continue to operate in	48136
the business of private investigation, the business of security	48137
services, or both businesses in this state under that license for	48138
ninety days after the association terminates. If the officer or	48139
qualifying agent whose name is so submitted satisfies the	48140
requirements of divisions (A)(1) and (F)(1) of this section, the	48141
director shall issue a new license to the corporation within that	48142
ninety-day period. The names of more than one individual may be so	48143
submitted.	48144

Sec. 4749.04.  (A) The director of commercepublic safety may	48145
revoke, suspend, or refuse to renew, when a renewal form has been	48146
submitted, the license of any private investigator or security	48147
guard provider, or the registration of any employee of a private	48148
investigator or security guard provider, for any of the following:	48149

(1) Violation of any of the provisions of division (B) or (C)	48150
of section 4749.13 of the Revised Code;	48151

(2) Conviction of a felony or a crime involving moral	48152
turpitude;	48153

(3) Violation of any rule of the director governing private	48154
investigators, the business of private investigation, security	48155
guard providers, or the business of security services;	48156

(4) Testifying falsely under oath, or suborning perjury, in	48157
any judicial proceeding;	48158

(5) Failure to satisfy the requirements specified in division	48159
(D) of section 4749.03 of the Revised Code.	48160

Any person whose license or registration is revoked,	48161
suspended, or not renewed when a renewal form is submitted may	48162
appeal in accordance with Chapter 119. of the Revised Code.	48163

(B) In lieu of suspending, revoking, or refusing to renew the	48164
class A, B, or C license, or of suspending, revoking, or refusing	48165
to renew the registration of an employee of a class A, B, or C	48166
licensee, the director of commerce may impose a civil penalty of	48167
not more than one hundred dollars for each calendar day of a	48168
violation of any of the provisions of this section or of division	48169
(B) or (C) of section 4749.13 of the Revised Code or of a	48170
violation of any rule of the director governing private	48171
investigators, the business of private investigation, security	48172
guard providers, or the business of security services.	48173

Sec. 4749.05.  (A) Each class A, B, or C licensee shall	48174
report the location of branch offices to the department of	48175
commercepublic safety, and to the sheriff of the county and the	48176
police chief of any municipal corporation in which the office is	48177
located, and shall post a branch office license conspicuously in	48178
that office. Application for a branch office license shall be made	48179
on a form prescribed by the director of commercepublic safety,	48180
and a license shall be issued upon receipt of the form and payment	48181
of a fee fixed by the director, not exceeding one hundred dollars.	48182
If a licensee moves an office, hethe licensee shall notify, in	48183
writing, the department of commercepublic safety and any affected	48184
sheriff and chief of police within forty-eight hours of the	48185
change.	48186

This division does not apply to a licensed private	48187
investigator who is engaging in the business of private	48188
investigation as a registered employee of a licensed private	48189
investigator.	48190

(B) No class A, B, or C licensee, or any of hissuch a	48191
licensee's employees, shall engage in the business of private	48192
investigation or the business of security services unless, within	48193
twelve hours of his arrivalafter arriving, hethe licensee or	48194
employee reports histhe licensee's or employee's presence and	48195
length of stay to the sheriff and police chief of any county or	48196
municipal corporation in which hethe licensee or employee	48197
operates.	48198

Sec. 4749.06.  (A) Each class A, B, or C licensee shall	48199
register the licensee's investigator or security guard employees,	48200
with the department of commercepublic safety, which shall	48201
maintain a record of each licensee and registered employee and	48202
make it available, upon request, to any law enforcement agency.	48203
The class A, B, or C licensee shall file an application to	48204
register a new employee no sooner than three days nor later than	48205
seven calendar days after the date on which the employee is hired.	48206

(B)(1) Each employee's registration application shall be	48207
accompanied by one complete set of the employee's fingerprints,	48208
one recent photograph of the employee, the employee's physical	48209
description, and an eighteen-dollar registration fee.	48210

(2) If the director of public safety requests the bureau of	48211
criminal identification and investigation to conduct an	48212
investigation of a licensee's employee and if the bureau assesses	48213
the director a fee for the investigation, the director, in	48214
addition to any other fee assessed pursuant to this chapter, may	48215
assess the licensee a fee that is equal to the fee assessed by the	48216
bureau. If, after investigation, the bureau finds that the	48217
employee has not been convicted of a felony within the last twenty	48218
years, the director shall issue to the employee an identification	48219
card bearing the license number and signature of the licensee,	48220
which in the case of a corporation shall be the signature of its	48221
president or its qualifying agent, and containing the employee's	48222
name, address, age, physical description, and right thumb print or	48223
other identifying mark as the director prescribes, a recent	48224
photograph of the employee, and the employee's signature. The	48225
director may issue a duplicate of a lost, spoliated, or destroyed	48226
identification card issued under this section, upon payment of a	48227
fee fixed by the director, not exceeding five dollars.	48228

(C) Except as provided in division (E) of this section, no	48229
class A, B, or C licensee shall permit an employee, other than an	48230
individual who qualified a corporation for licensure, to engage in	48231
the business of private investigation, the business of security	48232
services, or both businesses until the employee receives an	48233
identification card from the department, except that pending the	48234
issuance of an identification card, a class A, B, or C licensee	48235
may offer for hire security guard or investigator employees	48236
provided the licensee obtains a waiver from the person who	48237
receives, for hire, security guard or investigative services,	48238
acknowledging that the person is aware the employees have not	48239
completed their registration and agreeing to their employment.	48240

(D) If a class A, B, or C licensee, or a registered employee	48241
of a class A, B, or C licensee, intends to carry a firearm, as	48242
defined in section 2923.11 of the Revised Code, in the course of	48243
engaging in the business or employment, the licensee or registered	48244
employee shall satisfactorily complete a firearms basic training	48245
program that includes twenty hours of handgun training and five	48246
hours of training in the use of other firearms, if any other	48247
firearm is to be used, or equivalency training, if authorized, or	48248
shall be a former peace officer who previously had successfully	48249
completed a firearms training course, shall receive a certificate	48250
of satisfactory completion of that program or written evidence of	48251
approval of the equivalency training, shall file an application	48252
for registration, shall receive a firearm-bearer notation on the	48253
licensee's or registered employee's identification card, and shall	48254
annually requalify on a firearms range, all as described in	48255
division (A) of section 4749.10 of the Revised Code. A private	48256
investigator, security guard provider, or employee is authorized	48257
to carry a firearm only in accordance with that division.	48258

(E) This section does not apply to commissioned peace	48259
officers, as defined in division (B) of section 2935.01 of the	48260
Revised Code, working for, either as an employee or independent	48261
contractor, a class A, B, or C licensee. For purposes of this	48262
chapter, a commissioned peace officer is an employee exempt from	48263
registration.	48264

Sec. 4749.07.  (A) After refund of any license fees as	48265
required by section 4749.03 of the Revised Code, the department of	48266
commercepublic safety shall pay all fees received pursuant to	48267
this chapter to the treasurer of state, to be credited to the	48268
private investigator and security guard provider fund, which is	48269
hereby created.	48270

(B) Moneys received in payment of fines levied pursuant to	48271
section 4749.99 of the Revised Code shall be distributed as	48272
follows:	48273

(1) One-third to the general fund of the municipal	48274
corporation or township in which the prosecution occurs;	48275

(2) One-third to the general fund of the county in which the	48276
prosecution occurs;	48277

(3) One-third to the private investigator and security guard	48278
provider fund.	48279

Sec. 4749.08.  (A) No class A, B, or C licensee, or	48280
registered employee of a class A, B, or C licensee shall be	48281
considered, because of licensure or registration under this	48282
chapter, a law enforcement officer for any purpose. Nothing in	48283
this chapter shall be construed as granting the right to carry a	48284
concealed weapon.	48285

(B) The rules of the department of commercepublic safety	48286
adopted for the administration of this chapter shall include	48287
provisions to assure that any uniform or identification card shall	48288
be so designed as to avoid confusion of a private investigator,	48289
security guard provider, or registered employee with any law	48290
enforcement officer in this state.	48291

Sec. 4749.10.  (A) No class A, B, or C licensee and no	48292
registered employee of a class A, B, or C licensee shall carry a	48293
firearm, as defined in section 2923.11 of the Revised Code, in the	48294
course of engaging in the business of private investigation, the	48295
business of security services, or both businesses, unless all of	48296
the following apply:	48297

(1) The licensee or employee either has successfully	48298
completed a basic firearm training program at a training school	48299
approved by the Ohio peace officer training commission, which	48300
program includes twenty hours of training in handgun use and, if	48301
any firearm other than a handgun is to be used, five hours of	48302
training in the use of other firearms, and has received a	48303
certificate of satisfactory completion of that program from the	48304
executive director of the commission; the licensee or employee	48305
has, within three years prior to the effective date of this	48306
section, satisfactorily completed firearms training that has been	48307
approved by the commission as being equivalent to such a program	48308
and has received written evidence of approval of that training	48309
from the executive director of the commission; or the licensee or	48310
employee is a former peace officer, as defined in section 109.71	48311
of the Revised Code, who previously had successfully completed a	48312
firearms training course at a training school approved by the Ohio	48313
peace officer training commission and has received a certificate	48314
or other evidence of satisfactory completion of that course from	48315
the executive director of the commission.	48316

(2) The licensee or employee submits an application to the	48317
director of commercepublic safety, on a form prescribed by the	48318
director, in which the licensee or employee requests registration	48319
as a class A, B, or C licensee or employee who may carry a	48320
firearm. The application shall be accompanied by a copy of the	48321
certificate or the written evidence or other evidence described in	48322
division (A)(1) of this section, the identification card issued	48323
pursuant to section 4749.03 or 4749.06 of the Revised Code if one	48324
has previously been issued, a statement of the duties that will be	48325
performed while the licensee or employee is armed, and a fee of	48326
ten dollars. In the case of a registered employee, the statement	48327
shall be prepared by the employing class A, B, or C licensee.	48328

(3) The licensee or employee receives a notation on the	48329
licensee's or employee's identification card that the licensee or	48330
employee is a firearm-bearer and carries the identification card	48331
whenever the licensee or employee carries a firearm in the course	48332
of engaging in the business of private investigation, the business	48333
of security services, or both businesses.	48334

(4) At any time within the immediately preceding twelve-month	48335
period, the licensee or employee has requalified in firearms use	48336
on a firearms training range at a firearms requalification program	48337
certified by the Ohio peace officer training commission or on a	48338
firearms training range under the supervision of an instructor	48339
certified by the commission and has received a certificate of	48340
satisfactory requalification from the certified program or	48341
certified instructor, provided that this division does not apply	48342
to any licensee or employee prior to the expiration of eighteen	48343
months after the licensee's or employee's completion of the	48344
program described in division (A)(1) of this section. A	48345
certificate of satisfactory requalification is valid and remains	48346
in effect for twelve months from the date of the requalification.	48347

(5) If division (A)(4) of this section applies to the	48348
licensee or employee, the licensee or employee carries the	48349
certificate of satisfactory requalification that then is in effect	48350
or any other evidence of requalification issued or provided by the	48351
director.	48352

(B)(1) The director of commerce shall register an applicant	48353
under division (A) of this section who satisfies divisions (A)(1)	48354
and (2) of this section, and place a notation on the applicant's	48355
identification card indicating that the applicant is a	48356
firearm-bearer and the date on which the applicant completed the	48357
program described in division (A)(1) of this section.	48358

(2) A firearms requalification training program or instructor	48359
certified by the commission for the annual requalification of	48360
class A, B, or C licensees or employees who are authorized to	48361
carry a firearm under section 4749.10 of the Revised Code shall	48362
award a certificate of satisfactory requalification to each class	48363
A, B, or C licensee or registered employee of a class A, B, or C	48364
licensee who satisfactorily requalifies in firearms training. The	48365
certificate shall identify the licensee or employee and indicate	48366
the date of the requalification. A licensee or employee who	48367
receives such a certificate shall submit a copy of it to the	48368
director of commerce. A licensee shall submit the copy of the	48369
requalification certificate at the same time that the licensee	48370
makes application for renewal of the licensee's class A, B, or C	48371
license. The director shall keep a record of all copies of	48372
requalification certificates the director receives under this	48373
division and shall establish a procedure for the updating of	48374
identification cards to provide evidence of compliance with the	48375
annual requalification requirement. The procedure for the updating	48376
of identification cards may provide for the issuance of a new card	48377
containing the evidence, the entry of a new notation containing	48378
the evidence on the existing card, the issuance of a separate card	48379
or paper containing the evidence, or any other procedure	48380
determined by the director to be reasonable. Each person who is	48381
issued a requalification certificate under this division promptly	48382
shall pay to the Ohio peace officer training commission	48383
established by section 109.71 of the Revised Code a fee of five	48384
dollars, which fee shall be transmitted to the treasurer of state	48385
for deposit in the peace officer private security fund established	48386
by section 109.78 of the Revised Code.	48387

Sec. 4749.11.  (A) The director of commercepublic safety may	48388
investigate any applicant for a class A, B, or C license, any	48389
principal officer or qualifying agent of a corporation who is	48390
specified in an application for licensure as satisfying the	48391
requirements of divisions (A)(1) and (F)(1) of section 4749.03 of	48392
the Revised Code, and any employee of a class A, B, or C licensee	48393
who seeks to be registered under section 4749.06 of the Revised	48394
Code to determine whether the individual satisfies the applicable	48395
requirements for licensure or registration.	48396

(B) The director of commerce may investigate, on histhe	48397
director's own initiative, the actions or proposed actions of a	48398
class A, B, or C licensee, or registered employee of a class A, B,	48399
or C licensee to determine whether the person is, has been, or	48400
will be in violation of section 4749.13 of the Revised Code. The	48401
director shall investigate any of these persons if a verified	48402
written complaint is filed indicating that a person has violated,	48403
or is or will be violating, section 4749.13 of the Revised Code,	48404
the complaint is supported by evidence submitted with it, and the	48405
director determines that a prima-facie case exists that a	48406
violation of that section is being, has been, or will be committed	48407
by the person.	48408

(C) The director of commerce may investigate, on histhe	48409
director's own initiative, the actions or proposed actions of a	48410
person who is not licensed or registered under this chapter and	48411
who appears to be acting as a class A, B, or C licensee, or	48412
employee of a class A, B, or C licensee. The director shall	48413
investigate such a person if a verified written complaint is filed	48414
indicating that a person was, is, or will be acting as a class A,	48415
B, or C licensee or employee of a class A, B, or C licensee but is	48416
not licensed or registered as such under this chapter, the	48417
complaint is supported by evidence that is submitted with it, and	48418
the director determines that a prima-facie case exists that the	48419
person was, is, or will be acting in the alleged manner.	48420

(D) In connection with investigations under divisions (B) and	48421
(C) of this section, the director of commerce may file an action	48422
with the court of common pleas of Franklin county or the court of	48423
common pleas of the county in which the person who is the subject	48424
of the investigation resides, is engaging in actions, or proposing	48425
to engage in actions, to obtain an injunction, restraining order,	48426
or other appropriate relief.	48427

(E) The director of commerce may compel by subpoena witnesses	48428
to appear and testify in relation to investigations under this	48429
chapter and may require by subpoena duces tecum the production of	48430
any book, paper, or document pertaining to an investigation. If a	48431
person does not comply with a subpoena or subpoena duces tecum,	48432
the director of commerce may apply to the court of common pleas of	48433
Franklin county for an order compelling the person to comply with	48434
the subpoena or subpoena duces tecum or, for failure to do so, to	48435
be held in contempt of court.	48436

(F) If, in an investigation under division (C) of this	48437
section, the director determines that a person is not a class A,	48438
B, or C licensee, or a registered employee of a class A, B, or C	48439
licensee, and that the person was, is, or will be acting in the	48440
alleged manner, the director may issue an order to the person to	48441
show cause why hethe person should not be subject to licensing or	48442
registration under this chapter. The director shall hold a hearing	48443
on the order, and if following the hearing hethe director	48444
determines that the person has engaged, or is or will be engaging,	48445
in activities requiring licensure or registration under this	48446
chapter, hethe director may issue a cease and desist order that	48447
shall describe the person and the activities that are the subject	48448
of it. The cease and desist order is enforceable in and may be	48449
appealed to a court of common pleas pursuant to Chapter 119. of	48450
the Revised Code.	48451

(G) In any proceeding or action brought under this chapter,	48452
the burden of proving an exemption from the licensure requirements	48453
of this chapter is on the person claiming the benefit of the	48454
exemption.	48455

Sec. 4749.12.  (A) A person who is a resident of another	48456
state, is licensed as a private investigator, security guard	48457
provider, or as a private investigator and a security guard	48458
provider in another state, and wishes to engage in the business of	48459
private investigation, the business of security services, or both	48460
businesses in this state, shall be licensed pursuant to section	48461
4749.03 of the Revised Code, but the director of commercepublic	48462
safety may waive the examination requirement of that section and	48463
issue a license to a nonresident under the circumstances described	48464
in division (B) of this section.	48465

(B) If a nonresident private investigator, security guard	48466
provider, or private investigator and security guard provider	48467
seeking licensure under this chapter submits with the application	48468
and accompanying matter specified in section 4749.03 of the	48469
Revised Code proof of licensure in another state, and if the	48470
requirements of divisions (A)(1)(a), (b), and (d) and, if	48471
applicable, (F)(1) of section 4749.03 of the Revised Code are	48472
satisfied and the nonresident meets all current requirements of	48473
the laws of the other state regulating the business of private	48474
investigation, the business of security services, or both	48475
businesses, the director of commerce may waive the examination	48476
requirement and fee of that section. This waiver authority may be	48477
exercised only if the director determines that the other state has	48478
a law similar to this division and extends to residents of this	48479
state a similar waiver of examination privilege.	48480

Sec. 4749.13.  (A) No person shall engage in the business of	48481
private investigation, the business of security services, or both	48482
businesses in this state unless hethe person is licensed pursuant	48483
to this chapter. Each day of continuing violation constitutes a	48484
separate offense. Nothing in this chapter shall be construed to	48485
require any employee of a class A, B, or C licensee to obtain a	48486
class A, B, or C license, provided that an employee shall be	48487
registered by a licensee when required by section 4749.06 of the	48488
Revised Code. Nothing in this chapter shall be construed to	48489
require a partner to be a class A, B, or C licensee except as	48490
provided in division (A)(3) of section 4749.03 of the Revised	48491
Code. Nothing in this chapter shall be construed to require a	48492
director, officer, or qualifying agent of a corporation to	48493
individually be a class A, B, or C licensee if the corporation is	48494
licensed pursuant to this chapter.	48495

(B) No class A, B, or C licensee, or registered employee of a	48496
class A, B, or C licensee shall:	48497

(1) Knowingly violate any provision of this chapter or any	48498
rule of the director of commercepublic safety adopted for the	48499
administration of this chapter;	48500

(2) Knowingly make a false report with respect to any matter	48501
with which hethe licensee or registered employee is employed;	48502

(3) Divulge any information acquired from or for a client to	48503
persons other than the client or histhe client's authorized agent	48504
without express authorization to do so or unless required by law;	48505

(4) Knowingly accept employment which includes obtaining	48506
information intended for illegal purposes.	48507

(C) No person shall knowingly authorize or permit another	48508
person to violate any provision of this chapter or any rule of the	48509
director of commerce adopted for the administration of this	48510
chapter.	48511

(D) No person who is not licensed as a class A, B, or C	48512
licensee shall advertise that hethe person is or otherwise hold	48513
himselfself out as a class A, B, or C licensee. This division	48514
does not prohibit registered employees from indicating in the	48515
course of authorized employment for a class A, B, or C licensee	48516
that they are authorized to engage in investigatory, security	48517
services activities, or both activities.	48518

Sec. 4749.14.  On receipt of a notice pursuant to section	48519
3123.43 of the Revised Code, the director of commercepublic	48520
safety shall comply with sections 3123.41 to 3123.50 of the	48521
Revised Code and any applicable rules adopted under section	48522
3123.63 of the Revised Code with respect to a license issued	48523
pursuant to this chapter.	48524

Sec. 4751.06.  (A) An applicant for licensure as a nursing	48525
home administrator who has successfully completed the requirements	48526
of section 4751.05 of the Revised Code, passed the examination	48527
administered by the board of examiners of nursing home	48528
administrators or a government or private entity under contract	48529
with the board, and paid to the board an original license fee of	48530
two hundred tenfifty dollars shall be issued a license on a form	48531
provided by the board. Such license shall certify that the	48532
applicant has met the licensure requirements of Chapter 4751. of	48533
the Revised Code and is entitled to practice as a licensed nursing	48534
home administrator.	48535

(B) A temporary license for a period not to exceed one	48536
hundred eighty days may be issued to an individual temporarily	48537
filling the position of a nursing home administrator vacated by	48538
reason of death, illness, or other unexpected cause, pursuant to	48539
regulations adopted by the board.	48540

(C) The fee for a temporary license is one hundred dollars.	48541
Said fee must accompany the application for the temporary license.	48542

(D) Any license or temporary license issued by the board	48543
pursuant to this section shall be under the hand of the	48544
chairperson and the secretary of the board.	48545

(E) A duplicate of the original certificate of registration	48546
or license may be secured to replace one that has been lost or	48547
destroyed by submitting to the board a notarized statement	48548
explaining the conditions of the loss, mutilation, or destruction	48549
of the certificate or license and by paying a fee of twenty-five	48550
dollars.	48551

(F) A duplicate certificate of registration and license may	48552
be issued in the event of a legal change of name by submitting to	48553
the board a certified copy of the court order or marriage license	48554
establishing the change of name, by returning at the same time the	48555
original license and certificate of registration, and by paying a	48556
fee of twenty-five dollars.	48557

Sec. 4751.07.  (A) Every individual who holds a valid license	48558
as a nursing home administrator issued under division (A) of	48559
section 4751.06 of the Revised Code, shall immediately upon	48560
issuance thereof be registered with the board of examiners of	48561
nursing home administrators and be issued a certificate of	48562
registration. Such individual shall annually apply to the board	48563
for a new certificate of registration on forms provided for such	48564
purpose prior to the expiration of the certificate of registration	48565
and shall at the same time submit satisfactory evidence to the	48566
board of having attended such continuing education programs or	48567
courses of study as may be prescribed in rules adopted by the	48568
board.	48569

(B) Upon making an application for a new certificate of	48570
registration such individual shall pay the annual registration fee	48571
of two hundred tenfifty dollars.	48572

(C) Upon receipt of such application for registration and the	48573
registration fee required by divisions (A) and (B) of this	48574
section, the board shall issue a certificate of registration to	48575
such nursing home administrator.	48576

(D) The license of a nursing home administrator who fails to	48577
comply with this section shall automatically lapse.	48578

(E) A nursing home administrator who has been licensed and	48579
registered in this state who determines to temporarily abandon the	48580
practice of nursing home administration shall notify the board in	48581
writing immediately; provided, that such individual may thereafter	48582
register to resume the practice of nursing home administration	48583
within the state upon complying with the requirements of this	48584
section regarding annual registration.	48585

(F) Only an individual who has qualified as a licensed and	48586
registered nursing home administrator under Chapter 4751. of the	48587
Revised Code and the rules adopted thereunder, and who holds a	48588
valid current registration certificate pursuant to this section,	48589
may use the title "nursing home administrator," or the	48590
abbreviation "N.H.A." after the individual's name. No other person	48591
shall use such title or such abbreviation or any other words,	48592
letters, sign, card, or device tending to indicate or to imply	48593
that the person is a licensed and registered nursing home	48594
administrator.	48595

(G) Every person holding a valid license entitling the person	48596
to practice nursing home administration in this state shall	48597
display said license in the nursing home which is the person's	48598
principal place of employment, and while engaged in the practice	48599
of nursing home administration shall have at hand the current	48600
registration certificate.	48601

(H) Every person holding a valid temporary license shall have	48602
such license at hand while engaged in the practice of nursing home	48603
administration.	48604

Sec. 4755.03.  There is hereby created in the department of	48605
health the Ohio occupational therapy, physical therapy, and	48606
athletic trainers board consisting. The board shall consist of	48607
sixteen residents of this state, who shall be appointed by the	48608
governor with the advice and consent of the senate. The board	48609
shall be composed of a physical therapy section, an occupational	48610
therapy section, and an athletic trainers section.	48611

Five members of the board shall be physical therapists who	48612
are licensed to practice physical therapy and who have been	48613
engaged in or actively associated with the practice of physical	48614
therapy in this state for at least five years immediately	48615
preceding appointment. Such members of the board shall sit on the	48616
physical therapy section. The physical therapy section also shall	48617
consist of four additional members, appointed by the governor with	48618
the advice and consent of the senate, who satisfy the same	48619
qualifications as the members of the board sitting on the physical	48620
therapy section, but who are not members of the board. Such	48621
additional members of the physical therapy section are vested with	48622
only such powers and shall perform only such duties as relate to	48623
the affairs of that section, shall serve for the same terms as do	48624
members of the board sitting on the physical therapy section, and	48625
shall subscribe to and file with the secretary of state the	48626
constitutional oath of office.	48627

Five members of the board shall be occupational therapists	48628
who have been engaged in or actively associated with the practice	48629
of occupational therapy in this state for at least five years	48630
immediately preceding appointment. Such members of the board shall	48631
sit on the occupational therapy section.	48632

Four members of the board shall be athletic trainers who have	48633
been engaged in the practice of athletic training in Ohio for at	48634
least five years immediately preceding appointment. One member of	48635
the board shall be a physician licensed to practice medicine and	48636
surgery in this state. Such members of the board shall sit on the	48637
athletic trainers section.	48638

One member of the board shall represent the public and shall	48639
be at least sixty years of age. This member shall sit on the	48640
board.	48641

Terms of office are for three years, each term commencing on	48642
the twenty-eighth day of August and ending on the twenty-seventh	48643
day of August. Each member shall serve subsequent to the	48644
expiration of histhe member's term until histhe member's	48645
successor is appointed and qualifies, or until a period of sixty	48646
days has elapsed, whichever occurs first. Each member, before	48647
entering upon theofficial duties of his office, shall subscribe	48648
to and file with the secretary of state the constitutional oath of	48649
office. All vacancies shall be filled in the manner prescribed for	48650
the regular appointments to the board and are limited to the	48651
unexpired terms.	48652

Annually, upon the qualification of the member or members	48653
appointed in that year, the board shall organize by selecting from	48654
its members a president and secretary. Each section of the board	48655
shall organize by selecting from its members a chairman	48656
chairperson and secretary.	48657

The majority of the members of the board constitutes a quorum	48658
to transact and vote on the business of the board. A majority of	48659
the members of each section constitutes a quorum to transact and	48660
vote on the affairs of that section.	48661

Each member of the board and each additional member of the	48662
physical therapy section shall receive an amount fixed pursuant to	48663
division (J) of section 124.15 of the Revised Code for each day	48664
employed in the discharge of hisofficial duties. In addition,	48665
each member of the board and each additional member of the	48666
physical therapy section shall receive histhe member's actual and	48667
necessary expenses incurred in the performance of his official	48668
duties.	48669

The board of trustees of the Ohio occupational therapy	48670
association, inc., may recommend, after any term expires or	48671
vacancy occurs in an occupational therapy position, at least three	48672
persons to fill each such position or vacancy on the board, and	48673
the governor may make histhe appointment from the persons so	48674
recommended. The executive board of the Ohio chapter, inc., of the	48675
American physical therapy association may recommend, after any	48676
term expires or vacancy occurs in a physical therapy position, at	48677
least three persons to fill each such vacancy on the board, and	48678
the governor may make his appointments from the persons so	48679
recommended. The Ohio athletic trainers association shall	48680
recommend to the governor at least three persons for each of the	48681
initial appointments to an athletic trainer's position. The Ohio	48682
athletic trainers association shall also recommend to the governor	48683
at least three persons when any term expires or any vacancy occurs	48684
in such a position. The governor may select one of the	48685
association's recommendations in making such an appointment.	48686

The board shall meet as a whole to determine all	48687
administrative, personnel, and budgetary matters. The executive	48688
director of the board appointed by the board shall not be a	48689
physical therapist, an occupational therapist, or an athletic	48690
trainer who has been licensed to practice physical therapy,	48691
occupational therapy, or as an athletic trainer in this state	48692
within three years immediately preceding appointment. The	48693
executive director shall serve at the pleasure of the board.	48694

The occupational therapy section of the board shall have the	48695
full authority to act on behalf of the board on all matters	48696
concerning the practice of occupational therapy and, in	48697
particular, the examination, licensure, and suspension or	48698
revocation of licensure of applicants, occupational therapists,	48699
and occupational therapy assistants. The physical therapy section	48700
of the board shall have the full authority to act on behalf of the	48701
board on all matters concerning the practice of physical therapy	48702
and, in particular, the examination, licensure, and suspension or	48703
revocation of licensure of applicants, physical therapists, and	48704
physical therapist assistants. The athletic trainers section of	48705
the board shall have the full authority to act on behalf of the	48706
board on all matters concerning the practice of athletic training	48707
and, in particular, the examination, licensure, and suspension or	48708
revocation of licensure of applicants and athletic trainers. All	48709
actions taken by any section of the board under this paragraph	48710
shall be in accordance with Chapter 119. of the Revised Code.	48711

Sec. 4755.031. Notwithstanding any other section of this	48712
chapter, any rules required to be adopted by any section of the	48713
Ohio occupational therapy, physical therapy, and athletic trainers	48714
board shall be adopted on behalf of that section of the board by	48715
the director of health. When adopting rules for a section of the	48716
board, the director shall, to the extent the director considers	48717
appropriate, consult with or accept comments from that section.	48718
Any rules adopted prior to the effective date of this section	48719
shall continue in force as rules of the department of health until	48720
amended or rescinded by the director.	48721

Sec. 4759.08.  (A) The Ohio board of dietetics shall charge	48722
and collect fees as described in this section for issuing the	48723
following:	48724

(1) An application for an initial dietitian license, or an	48725
application for reinstatementreactivation of an inactive license,	48726
one hundred tentwenty-five dollars, and for reinstatement of a	48727
lapsed, revoked, or suspended license, one hundred sixty-five	48728
eighty dollars;	48729

(2) License renewal, eightyninety-five dollars;

48730

(3) A limited permit, and renewal of the permit, fifty-five	48731
sixty-five dollars;	48732

(4) A duplicate license or permit, twenty dollars;

48733

(5) For processing a late application for renewal of any	48734
license or permit, an additional fee equal to fifty per cent of	48735
the fee for the renewal.	48736

(B) The board shall not require a licensed dietitian holding	48737
an inactive license to pay the renewal fee.	48738

(C) Subject to the approval of the controlling board, the	48739
Ohio board of dietetics may establish fees in excess of the	48740
amounts provided in division (A) of this section, provided that	48741
the fees do not exceed the amounts by greater than fifty per cent.	48742

(D) The board may adopt rules pursuant to Chapter 119. of the	48743
Revised Code to waive all or part of the fee for an initial	48744
license if the license is issued within one hundred days of the	48745
date of expiration of the license.	48746

(E) All receipts of the board shall be deposited in the state	48747
treasury to the credit of the occupational licensing and	48748
regulatory fund. All vouchers of the board shall be approved by	48749
the chairperson or secretary of the board, or both, as authorized	48750
by the board.	48751

Sec. 4771.22.  The Ohio athletic commission shall deposit all	48752
money it receives under this chapter to the credit of the athlete	48753
agents registrationoccupational licensing and regulatory fund,	48754
which is hereby created in the state treasury. The commission	48755
shall use the fund to administer and enforce this chapterunder	48756
section 4743.05 of the Revised Code.	48757

Sec. 4779.08.  (A) The state board of orthotics, prosthetics,	48758
and pedorthics shall adopt rules in accordance with Chapter 119.	48759
of the Revised Code to carry out the purposes of this chapter,	48760
including rules prescribing all of the following:	48761

(1) The form and manner of filing of applications to be	48762
admitted to examinations and for licensure and license renewal;	48763

(2) Standards and procedures for formulating, evaluating,	48764
approving, and administering licensing examinations or recognizing	48765
other entities that conduct examinations;	48766

(3) The form, scoring, and scheduling of licensing	48767
examinations;	48768

(4) Fees for examinations and applications for licensure and	48769
license renewal;	48770

(5) Fees for approval of continuing education courses;

48771

(6) Procedures for issuance, renewal, suspension, and	48772
revocation of licenses and the conduct of disciplinary hearings;	48773

(7) Standards of ethical and professional conduct in the	48774
practice of orthotics, prosthetics, and pedorthics;	48775

(8) Standards for approving national certification	48776
organizations in orthotics, prosthetics, and pedorthics;	48777

(9) Fines for violations of this chapter;

48778

(10) Standards for the recognition and approval of	48779
educational programs required for licensure, including standards	48780
for approving foreign educational credentials;	48781

(11) Standards for continuing education programs required for	48782
license renewal;	48783

(12) Provisions for making available the information	48784
described in section 4779.22 of the Revised Code.	48785

(B) The board may adopt any other rules necessary for the	48786
administration of this chapter.	48787

(C) The fees prescribed by this section shall be paid to the	48788
treasurer of state, who shall from the effective date of this	48789
section until December 31, 2004, deposit the fees in the	48790
occupational licensing and regulatory fund established in section	48791
4743.05 of the Revised Code.	48792

Sec. 4779.17.  The state board of orthotics, prosthetics, and	48793
pedorthics shall issue a license under section 4779.09 of the	48794
Revised Code to practice orthotics, prosthetics, orthotics and	48795
prosthetics, or pedorthics without examination to an applicant who	48796
meets all of the following requirements:	48797

(A) Applies to the board in accordance with section 4779.09	48798
of the Revised Code;	48799

(B) Holds a license to practice orthotics, prosthetics,	48800
orthotics and prosthetics, or pedorthics issued by the appropriate	48801
authority of another state;	48802

(C) One of the following applies:

48803

(1) In the case of an applicant for a license to practice	48804
orthotics, the applicant meets the requirements in divisions	48805
(A)(2) and (3) of section 4779.10 of the Revised Code.	48806

(2) In the case of an applicant for a license to practice	48807
prosthetics, the applicant meets the requirements in divisions	48808
(A)(2) and (3) of section 4779.11 of the Revised Code.	48809

(3) In the case of an applicant for a license to practice	48810
orthotics and prosthetics, the applicant meets the requirements in	48811
divisions (A)(2) and (3) of section 4779.12 of the Revised Code.	48812

(4) In the case of an applicant for a license to practice	48813
pedorthics, the applicant meets the requirements in divisions (B)	48814
and (C) of section 4779.13 of the Revised Code.	48815

(D) The fees prescribed by this section shall be paid to the	48816
treasurer of state, who shall from the effective date of this	48817
section until December 31, 2004, deposit the fees in the	48818
occupational licensing and regulatory fund established in section	48819
4743.05 of the Revised Code.	48820

Sec. 4779.18.  (A) The state board of orthotics, prosthetics,	48821
and pedorthics shall issue a temporary license to an individual	48822
who meets all of the following requirements:	48823

(1) Applies to the board in accordance with rules adopted	48824
under section 4779.08 of the Revised Code and pays the application	48825
fee specified in the rules;	48826

(2) Is eighteen years of age or older;

48827

(3) Is of good moral character;

48828

(4) One of the following applies:

48829

(a) In the case of an applicant for a license to practice	48830
orthotics, the applicant meets the requirements in divisions	48831
(A)(2) and (3) of section 4779.10 of the Revised Code.	48832

(b) In the case of an applicant for a license to practice	48833
prosthetics, the applicant meets the requirements in divisions	48834
(A)(2) and (3) of section 4779.11 of the Revised Code.	48835

(c) In the case of an applicant for a license to practice	48836
orthotics and prosthetics, the applicant meets the requirements in	48837
divisions (A)(2) and (3) of section 4779.12 of the Revised Code.	48838

(d) In the case of an applicant for a license to practice	48839
pedorthics, the applicant meets the requirements in divisions (B)	48840
and (C) of section 4779.13 of the Revised Code.	48841

(B) A temporary license issued under this section is valid	48842
for one year and may be renewed once in accordance with rules	48843
adopted by the board under section 4779.08 of the Revised Code.	48844

An individual who holds a temporary license may practice	48845
orthotics, prosthetics, orthotics and prosthetics, or pedorthics	48846
only under the supervision of an individual who holds a license	48847
issued under section 4779.09 of the Revised Code in the same area	48848
of practice.	48849

(C) The fees prescribed by this section shall be paid to the	48850
treasurer of state, who shall from the effective date of this	48851
section until December 31, 2004, deposit the fees in the	48852
occupational licensing and regulatory fund established in section	48853
4743.05 of the Revised Code.	48854

Sec. 4903.24.  If the public utilities commission finds after	48855
investigating that any rate, joint rate, fare, charge, toll,	48856
rental, schedule, or classification of service is unjust,	48857
unreasonable, insufficient, unjustly discriminatory, unjustly	48858
preferential, or in violation of law, or that any service is	48859
inadequate or cannot be obtained, the public utility found to be	48860
at fault shall pay the expenses incurred by the commission upon	48861
such investigation.	48862

All fees, expenses, and costs of, or in connection with, any	48863
hearing or investigation may be imposed by the commission upon any	48864
party to the record or may be divided among any parties to the	48865
record in such proportion as the commission determines.	48866

All fees, expenses, and costs authorized and collected under	48867
this section shall be deposited to the credit of the special	48868
assessment fund, which is hereby created in the state treasury.	48869
Money in the fund shall be used by the commission for the purpose	48870
of covering the costs of any investigations or hearings it orders	48871
regarding any public utility.	48872

Sec. 4905.79.  Any telephone company, as defined in division	48873
(D)(2) of section 5727.01 of the Revised Code, that is required to	48874
provide any telephone service program implemented after March 27,	48875
1991, to aid the communicatively impaired in accessing the	48876
telephone network shall be allowed a tax credit for the costs of	48877
any such program under section 5727.445733.56 of the Revised	48878
Code. Relative to any such program, the public utilities	48879
commission, in accordance with its rules, shall allow interested	48880
parties to intervene and participate in any proceeding or part of	48881
a proceeding brought before the commission pursuant to this	48882
section. The commission shall adopt rules it considers necessary	48883
to carry out this section.	48884

Sec. 4905.91.  For the purpose of protecting the public	48885
safety with respect to intrastate pipe-line transportation by any	48886
operator:	48887

(A) The public utilities commission shall:

48888

(1) Adopt, and may amend or rescind, rules to carry out	48889
sections 4905.90 to 4905.96 of the Revised Code, including rules	48890
concerning pipe-line safety, drug testing, and enforcement	48891
procedures. The commission shall adopt these rules only after	48892
notice and opportunity for public comment. The rules adopted under	48893
this division and any orders issued under sections 4905.90 to	48894
4905.96 of the Revised Code constitute the pipe-line safety code.	48895
The commission shall administer and enforce that code.	48896

(2) Make certifications and reports to the United States	48897
department of transportation as required under the Natural Gas	48898
Pipeline Safety Act.	48899

(B) The commission may:

48900

(1) Investigate any service, act, practice, policy, or	48901
omission by any operator to determine its compliance with sections	48902
4905.90 to 4905.96 of the Revised Code and the pipe-line safety	48903
code;	48904

(2) Investigate any intrastate pipe-line transportation	48905
facility to determine if it is hazardous to life or property, as	48906
provided in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1679b(b)(2) and	48907
(3);	48908

(3) Investigate the existence or report of any safety-related	48909
condition that involves any intrastate pipe-line transportation	48910
facility;	48911

(4) Enter into and perform contracts or agreements with the	48912
United States department of transportation to inspect interstate	48913
transmission facilities pursuant to the Natural Gas Pipeline	48914
Safety Act;	48915

(5) Accept grants-in-aid, fundscash, and reimbursements	48916
provided for or made available to this state by the federal	48917
government to carry out the Natural Gas Pipeline Safety Act or to	48918
enforce sections 4905.90 to 4905.96 of the Revised Code and the	48919
pipe-line safety code. All such grants-in-aid, cash, and	48920
reimbursements shall be deposited to the credit of the gas	48921
pipe-line safety fund, which is hereby created in the state	48922
treasury, to be used by the commission for the purpose of carrying	48923
out this section.	48924

(C) The commission's regulation of gathering lines shall	48925
conform to the regulation of gathering lines in 49 C.F.R. parts	48926
192 and 199, as amended, and the commission's annual certification	48927
agreements with the United States department of transportation,	48928
except that rule 4901:1-16-03, paragraph (D) of rule 4901:1-16-05,	48929
and rule 4901:1-16-06 of the Ohio Administrative Code shall also	48930
apply to gathering lines. The procedural rules under chapter	48931
4901:1-16 of the Ohio Administrative Code shall also apply to	48932
operators of gathering lines.	48933

Sec. 4919.79.  (A) The public utilities commission may adopt	48934
safety rules applicable to the highway transportation and offering	48935
for transportation of hazardous materials in interstate commerce,	48936
which highway transportation takes place into or through this	48937
state.	48938

(B) The commission may adopt safety rules applicable to the	48939
highway transportation of persons or property in interstate	48940
commerce, which transportation takes place into or through this	48941
state.	48942

(C) Rules adopted under divisions (A) and (B) of this section	48943
shall be consistent with, and equivalent in scope, coverage, and	48944
content to, the "Hazardous Materials Transportation Act," 88 Stat.	48945
2156 (1975), 49 U.S.C.A. 1801, as amended, and regulations adopted	48946
under it, and the "Motor Carrier Safety Act of 1984," 98 Stat.	48947
2832, 49 U.S.C.A. 2501, and regulations adopted under it,	48948
respectively. No person shall violate a rule adopted under	48949
division (A) or (B) of this section or any order of the commission	48950
issued to secure compliance with any such rule.	48951

(D) The commission shall cooperate with, and permit the use	48952
of, the services, records, and facilities of the commission as	48953
fully as practicable by appropriate officers of the interstate	48954
commerce commission, the United States department of	48955
transportation, and other federal agencies or commissions and	48956
appropriate commissions of other states in the enforcement and	48957
administration of state and federal laws relating to highway	48958
transportation by motor vehicles. The commission may enter into	48959
cooperative agreements with the interstate commerce commission,	48960
the United States department of transportation, and any other	48961
federal agency or commission to enforce the economic and safety	48962
laws and rules of this state and of the United States concerning	48963
highway transportation by motor vehicles. All grants-in-aid, cash,	48964
and reimbursements received by the commission pursuant to those	48965
cooperative agreements shall be deposited to the credit of the	48966
motor carrier safety fund, which is hereby created in the state	48967
treasury, to be used by the commission for the purpose of carrying	48968
out this section.	48969

(E) To achieve the purposes of this section, the commission	48970
may, through its inspectors or other authorized employees, inspect	48971
any vehicles of carriers of persons or property in interstate	48972
commerce subject to the safety rules prescribed by this section	48973
and may enter upon the premises and vehicles of such carriers to	48974
examine any of the carriers' records or documents that relate to	48975
the safety of operation of such carriers. In order to assist the	48976
commission in the performance of its duties under this section,	48977
authorized employees of the commercial motor vehicle safety	48978
enforcement unit, division of state highway patrol, of the	48979
department of public safety may enter in or upon, for purposes of	48980
inspection, any vehicle of any such carrier.	48981

In order to inspect motor vehicles owned or operated by	48982
private motor carriers of persons, authorized employees of the	48983
commercial motor vehicle safety enforcement unit, division of	48984
state highway patrol, of the department of public safety may enter	48985
in or upon the premises of any private carrier of persons in	48986
interstate commerce, subject to the safety rules prescribed by	48987
this section.	48988

Sec. 4928.62.  (A) Beginning on the starting date of	48989
competitive retail electric service, there is hereby created the	48990
energy efficiency revolving loan program, which shall be	48991
administered by the director of development. Under the program,	48992
the director may authorize the use of moneys in the energy	48993
efficiency revolving loan fund for financial assistance for	48994
projects in this state. To the extent feasible given approved	48995
applications for assistance, the assistance shall be distributed	48996
among the certified territories of electric distribution utilities	48997
and participating electric cooperatives, and among the service	48998
areas of participating municipal electric utilities, in amounts	48999
proportionate to the remittances of each utility and cooperative	49000
under divisions (B)(1) and (3) of section 4928.61 of the Revised	49001
Code. The assistance shallmay be made or provided through	49002
approved lending institutionsby the director of development in	49003
the form of direct loans, or grants, or through lending	49004
institutions in the form of loan participation agreements at below	49005
market rates, loan guarantees for such loans, andor linked	49006
deposits for such loans. The total of all grants provided in any	49007
one fiscal year shall not exceed ten per cent of the revenues paid	49008
into the energy efficiency revolving loan fund during the previous	49009
fiscal year.	49010

The director shall not authorize financial assistance under	49011
the program unless the director first determines all of the	49012
following:	49013

(1) The project will include an investment in products,	49014
technologies, or services, including energy efficiency or	49015
renewable energy for low-income housing, for residential, small	49016
commercial and small industrial business, local government,	49017
educational institution, nonprofit entity, or agricultural	49018
customers of an electric distribution utility in this state or a	49019
participating municipal electric utility or electric cooperative	49020
in this state.	49021

(2) The project will improve energy efficiency, provide for	49022
the use of renewable energy, or monitor energy usage in a	49023
cost-efficient manner by using both the most appropriate national,	49024
federal, or other standards for products as determined by the	49025
director, and the best practices for use of technology, products,	49026
or services in the context of the total facility or building.	49027

(3) The project will benefit the economic and environmental	49028
welfare of the citizens of this state.	49029

(4) The receipt of financial assistance is a major factor in	49030
the applicant's decision to proceed with or invest in the project.	49031

(B) In carrying out sections 4928.61 to 4928.63 of the	49032
Revised Code, the director may do all of the following for the	49033
purpose of the energy efficiency revolving loan program:	49034

(1) Acquire in the name of the director any property of any	49035
kind or character in accordance with this section, by purchase,	49036
purchase at foreclosure, or exchange, on such terms and in such	49037
manner as the director considers proper;	49038

(2) Make and enter into all contracts and agreements	49039
necessary or incidental to the performance of the director's	49040
duties and the exercise of the director's powers under those	49041
sections;	49042

(3) Employ or enter into contracts with financial	49043
consultants, marketing consultants, consulting engineers,	49044
architects, managers, construction experts, attorneys, technical	49045
monitors, energy evaluators, or other employees or agents as the	49046
director considers necessary, and shall fix their compensation;	49047

(4) Adopt rules prescribing the application procedures for	49048
financial assistance under the program; the terms and conditions	49049
of any loans, loan guarantees, grants, linked deposits, and	49050
contracts; criteria pertaining to the eligibility of participating	49051
lending institutions; and any other matters necessary for the	49052
implementation of the program;	49053

(5) Do all things necessary and appropriate for the operation	49054
of the program.	49055

(C) Financial statements, financial data, and trade secrets	49056
submitted to or received by the director from an applicant or	49057
recipient of financial assistance under sections 4928.61 to	49058
4928.63 of the Revised Code, or any information taken from those	49059
statements, data, or trade secrets for any purpose, are not public	49060
records for the purpose of section 149.43 of the Revised Code.	49061

Sec. 4928.63.  The director of development and the public	49062
benefits advisory board have the powers and duties provided in	49063
sections 4928.61 and 4928.62 of the Revised Code, in order to	49064
promote the welfare of the people of this state, to stabilize the	49065
economy, to assist in the improvement and development within this	49066
state of not-for-profit entity, industrial, commercial,	49067
distribution, residential, and research buildings and activities	49068
required for the people of this state, to improve the economic	49069
welfare of the people of this state, and also to assist in the	49070
improvement of air, water, or thermal pollution control facilities	49071
and solid waste disposal facilities. It is hereby determined that	49072
the accomplishment of those purposes is essential so that the	49073
people of this state may maintain their present high standards in	49074
comparison with the people of other states and so that	49075
opportunities for improving the economic welfare of the people of	49076
this state, for improving the housing of residents of this state,	49077
and for favorable markets for the products of this state's natural	49078
resources, agriculture, and manufacturing shall be improved; and	49079
that it is necessary for this state to establish the program	49080
authorized pursuant to sections 4928.61 and 4928.62 of the Revised	49081
Code, to establish the energy efficiency revolving loan program	49082
and program fund and the energy efficiency revolving loan program	49083
advisory board, and to vest the director and the board with the	49084
powers and duties provided in sections 4928.61 and 4928.62 of the	49085
Revised Code.	49086

Sec. 4931.45.  (A) A final plan may be amended to expand the	49087
territory included in the countywide 9-1-1 system, to upgrade any	49088
part or all of a system from basic 9-1-1 to enhanced 9-1-1	49089
service, to adjust the territory served by a public safety	49090
answering point, to represcribe the funding of public safety	49091
answering points as between the alternatives set forth in division	49092
(B)(5) of section 4931.43 of the Revised Code, or to make any	49093
other necessary adjustments to the plan only by convening a new	49094
9-1-1 planning committee, and adopting an amended final plan. The	49095
convening of a new 9-1-1 planning committee and the proposal and	49096
adoption of an amended final plan shall be made in the same manner	49097
required for the convening of an initial committee and adoption of	49098
an original proposed and final plan under sections 4931.42 to	49099
4931.44 of the Revised Code. Adoption of any resolution under	49100
section 4931.51 of the Revised Code pursuant to a final plan that	49101
both has been adopted and provides for funding through charges	49102
imposed under that section is not an amendment of a final plan for	49103
the purpose of this division.	49104

(B) When a final plan is amended to expand the territory that	49105
receives 9-1-1 service or to upgrade a 9-1-1 system from basic to	49106
enhanced 9-1-1 service, the provisions of sections 4931.47 and	49107
5727.395733.55 of the Revised Code apply with respect to the	49108
telephone company's recovery of the nonrecurring and recurring	49109
rates and charges for the telephone network portion of the system.	49110

Sec. 4931.47.  (A) In accordance with Chapters 4901., 4903.,	49111
4905., 4909., and 4931. of the Revised Code, the public utilities	49112
commission shall determine the just, reasonable, and compensatory	49113
rates, tolls, classifications, charges, or rentals to be observed	49114
and charged for the telephone network portion of a basic and	49115
enhanced 9-1-1 system, and each telephone company participating in	49116
the system shall be subject to such chapters, to the extent they	49117
apply, as to the service provided by its portion of the telephone	49118
network system as described in the final plan or to be installed	49119
pursuant to agreements under section 4931.48 of the Revised Code,	49120
and as to the rates, tolls, classifications, charges, or rentals	49121
to be observed and charged for that service.	49122

(B) Only the customers of a participating telephone company	49123
that are served within the area covered by a 9-1-1 system shall	49124
pay the recurring rates for the maintenance and operation of the	49125
telephone network in providing 9-1-1 service. Such rates shall be	49126
computed by dividing the total monthly recurring rates set forth	49127
in a telephone company's schedule as filed in accordance with	49128
section 4905.30 of the Revised Code, by the total number of	49129
residential and business customer access lines, or their	49130
equivalent, within the area served. Each residential and business	49131
customer within the area served shall pay the recurring rates	49132
based on the number of its residential and business customer	49133
access lines or their equivalent. No company may include such	49134
amount on any customer's bill until the company has completed its	49135
portion of the telephone network in accordance with the terms,	49136
conditions, requirements, and specifications of the final plan or	49137
an agreement made under section 4931.48 of the Revised Code.	49138

(C)(1) Except as otherwise provided in division (C)(2) of	49139
this section, the total nonrecurring charges for the telephone	49140
network used in providing 9-1-1 service, as set forth in the	49141
schedule filed by a telephone company in accordance with section	49142
4905.30 of the Revised Code, on completion of the installation of	49143
the network in accordance with the terms, conditions,	49144
requirements, and specifications of the final plan or pursuant to	49145
section 4931.48 of the Revised Code shall be recovered by the	49146
company through the credit authorized by section 5727.395733.55	49147
of the Revised Code.	49148

(2) The credit shall not be allowed for upgrading of a system	49149
from basic to enhanced 9-1-1 service when:	49150

(a) The telephone company received the credit for the	49151
telephone network portion of the basic 9-1-1 system now proposed	49152
to be upgraded; and	49153

(b) At the time the final plan or agreement pursuant to	49154
section 4931.48 of the Revised Code calling for the basic 9-1-1	49155
system was agreed to, the telephone company was capable of	49156
reasonably meeting the technical and economic requirements of	49157
providing the telephone network portion of an enhanced 9-1-1	49158
system within the territory proposed to be upgraded, as determined	49159
by the public utilities commission under division (A) or (H) of	49160
section 4931.41 or division (C) of section 4931.48 of the Revised	49161
Code.	49162

(3) When the credit is not allowed under division (C)(2) of	49163
this section, the total nonrecurring charges for the telephone	49164
network used in providing 9-1-1 service, as set forth in the	49165
schedule filed by a telephone company in accordance with section	49166
4905.30 of the Revised Code, on completion of the installation of	49167
the network in accordance with the terms, conditions,	49168
requirements, and specifications of the final plan or pursuant to	49169
section 4931.48 of the Revised Code, shall be paid by the	49170
municipal corporations and townships with any territory in the	49171
area in which such upgrade from basic to enhanced 9-1-1 service is	49172
made.	49173

(D) Where customer premises equipment for a public safety	49174
answering point is supplied by a telephone company that is	49175
required to file a schedule under section 4905.30 of the Revised	49176
Code pertaining to customer premises equipment, the recurring and	49177
nonrecurring rates and charges for the installation and	49178
maintenance of the equipment specified in the schedule shall	49179
apply.	49180

Sec. 4931.48.  (A) If a final plan is disapproved under	49181
division (B) of section 4931.44 of the Revised Code, by	49182
resolution, the legislative authority of a municipal corporation	49183
or township that contains at least thirty per cent of the county's	49184
population may establish within its boundaries, or the legislative	49185
authorities of a group of municipal corporations or townships each	49186
of which is contiguous with at least one other such municipal	49187
corporation or township in the group, together containing at least	49188
thirty per cent of the county's population, may jointly establish	49189
within their boundaries a 9-1-1 system. For this purpose, the	49190
municipal corporation or township may enter into an agreement, and	49191
the contiguous municipal corporations or townships may jointly	49192
enter into an agreement with a telephone company providing service	49193
in the municipal corporations or townships to provide for the	49194
telephone network portion of the system.	49195

(B) If no resolution has been adopted to convene a 9-1-1	49196
planning committee under section 4931.42 of the Revised Code, but	49197
not sooner than eighteen months after the effective date of such	49198
section, by resolution, the legislative authority of any municipal	49199
corporation in the county may establish within its boundaries, or	49200
the legislative authorities of a group of municipal corporations	49201
and townships each of which is contiguous to at least one of the	49202
other such municipal corporations or townships in the group may	49203
jointly establish within their boundaries, a 9-1-1 system. The	49204
municipal corporation or contiguous municipal corporations and	49205
townships, may enter into an agreement with a telephone company	49206
serving cutomerscustomers within the boundaries of the municipal	49207
corporation or contiguous municipal corporations and townships, to	49208
provide for the telephone network portion of a 9-1-1 system.	49209

(C) Whenever a telephone company and one or more municipal	49210
corporations and townships enter into an agreement under this	49211
section to provide for the telephone network portion of a basic	49212
9-1-1 system, the telephone company shall so notify the public	49213
utilities commission, which shall determine whether the telephone	49214
company is capable of reasonably meeting the technical and	49215
economic requirements of providing the telephone network for an	49216
enhanced system within the territory served by the company and	49217
covered by the agreement. The determination shall be made solely	49218
for the purposes of division (C)(2) of section 4931.47 of the	49219
Revised Code.	49220

(D) Within three years from the date of entering into an	49221
agreement under division (A) or (B) of this section, the telephone	49222
company shall have installed the telephone network portion of the	49223
9-1-1 system according to the terms, conditions, requirements, and	49224
specifications set forth in the agreement.	49225

(E) The telephone company shall recover the cost of	49226
installing the telephone network system pursuant to agreements	49227
made under this section as provided in sectionssection 4931.47	49228
and 5727.39of the Revised Code, as authorized under section	49229
5733.55 of the Revised Code.	49230

Sec. 4973.17.  (A) Upon the application of any bank, building	49231
and loan association, or association of banks or building and loan	49232
associations in this state, the governorsecretary of state may	49233
appoint and commission any persons that the bank, building and	49234
loan association, or association of banks or building and loan	49235
associations designates, or as many of those persons as the	49236
governorsecretary of state considers proper, to act as police	49237
officers for and on the premises of that bank, building and loan	49238
association, or association of banks or building and loan	49239
associations, or elsewhere, when directly in the discharge of	49240
their duties. Police officers so appointed shall be citizens of	49241
this state and of good character. They shall hold office for three	49242
years, unless, for good cause shown, their commission is revoked	49243
by the governorsecretary of state, or by the bank, building and	49244
loan association, or association of banks or building and loan	49245
associations, as provided by law.	49246

(B) Upon the application of a company owning or using a	49247
railroad in this state and subject to section 4973.171 of the	49248
Revised Code, the governorsecretary of state may appoint and	49249
commission any persons that the railroad company designates, or as	49250
many of those persons as the governorsecretary of state considers	49251
proper, to act as police officers for and on the premises of the	49252
railroad company, its affiliates or subsidiaries, or elsewhere,	49253
when directly in the discharge of their duties. Police officers so	49254
appointed, within the time set by the Ohio peace officer training	49255
commission, shall successfully complete a commission approved	49256
training program and be certified by the commission. They shall	49257
hold office for three years, unless, for good cause shown, their	49258
commission is revoked by the governorsecretary of state, or	49259
railroad company, as provided by law.	49260

Any person holding a similar commission in another state may	49261
be commissioned and may hold office in this state without	49262
completing the approved training program required by this division	49263
provided that that the person has completed a substantially	49264
equivalent training program in the other state. The Ohio peace	49265
officer training commission shall determine whether a training	49266
program in another state meets the requirements of this division.	49267

(C) Upon the application of any company under contract with	49268
the United States atomic energy commission for the construction or	49269
operation of a plant at a site owned by suchthe commission, the	49270
governorsecretary of state may appoint and commission such	49271
persons as the company designates, not to exceed one hundred	49272
fifty, to act as police officers for the company at the plant or	49273
site owned by suchthe commission. Police officers so appointed	49274
shall be citizens of this state and of good character. They shall	49275
hold office for three years, unless, for good cause shown, their	49276
commission is revoked by the governorsecretary of state or by the	49277
company, as provided by law.	49278

(D)(1) Upon the application of any hospital that is operated	49279
by a public hospital agency or a nonprofit hospital agency and	49280
that employs and maintains its own proprietary police department	49281
or security department and subject to section 4973.171 of the	49282
Revised Code, the governorsecretary of state may appoint and	49283
commission any persons that the hospital designates, or as many of	49284
those persons as the governorsecretary of state considers proper,	49285
to act as police officers for the hospital. No person who is	49286
appointed as a police officer under this division shall engage in	49287
any duties or activities as a police officer for the hospital or	49288
any affiliate or subsidiary of the hospital unless all of the	49289
following apply:	49290

(a) The chief of police of the municipal corporation in which	49291
the hospital is located, or, if the hospital is located in the	49292
unincorporated area of a county, the sheriff of that county, has	49293
granted approval to the hospital to permit persons appointed as	49294
police officers under this division to engage in those duties and	49295
activities. The approval required by this division is general in	49296
nature and is intended to cover in the aggregate all persons	49297
appointed as police officers for the hospital under this division;	49298
a separate approval is not required for each appointee on an	49299
individual basis.	49300

(b) Subsequent to the grant of approval described in division	49301
(D)(1)(a) of this section, the hospital has entered into a written	49302
agreement with the chief of police of the municipal corporation in	49303
which the hospital is located, or, if the hospital is located in	49304
the unincorporated area of a county, with the sheriff of that	49305
county, that sets forth the standards and criteria to govern the	49306
interaction and cooperation between persons appointed as police	49307
officers for the hospital under this division and law enforcement	49308
officers serving the agency represented by the chief of police or	49309
sheriff who signed the agreement in areas of their concurrent	49310
jurisdiction. The written agreement shall be signed by the	49311
appointing authority of the hospital and by the chief of police or	49312
sheriff. The standards and criteria may include, but are not	49313
limited to, provisions governing the reporting of offenses	49314
discovered by hospital police officers to the agency represented	49315
by the chief of police or sheriff, provisions governing	49316
investigatory responsibilities relative to offenses committed on	49317
hospital property, and provisions governing the processing and	49318
confinement of persons arrested for offenses committed on hospital	49319
property. The agreement required by this division is intended to	49320
apply in the aggregate to all persons appointed as police officers	49321
for the hospital under this division; a separate agreement is not	49322
required for each appointee on an individual basis.	49323

(c) The person has successfully completed a training program	49324
approved by the Ohio peace officer training commission and has	49325
been certified by the commission. A person appointed as a police	49326
officer under this division may attend a training program approved	49327
by the commission and be certified by the commission regardless of	49328
whether the appropriate chief of police or sheriff has granted the	49329
approval described in division (D)(1)(a) of this section and	49330
regardless of whether the hospital has entered into the written	49331
agreement described in division (D)(1)(b) of this section with the	49332
appropriate chief of police or sheriff.	49333

(2)(a) A person who is appointed as a police officer under	49334
division (D)(1) of this section is entitled, upon the grant of	49335
approval described in division (D)(1)(a) of this section and upon	49336
that the person's and the hospital's compliance with the	49337
requirements of divisions (D)(1)(b) and (c) of this section, to	49338
act as a police officer for the hospital on the premises of the	49339
hospital and of its affiliates and subsidiaries that are within	49340
the territory of the municipal corporation served by the chief of	49341
police or the unincorporated area of the county served by the	49342
sheriff who signed the written agreement described in division	49343
(D)(1)(b) of this section, whichever is applicable, and anywhere	49344
else within the territory of that municipal corporation or within	49345
the unincorporated area of that county. The authority to act as a	49346
police officer as described in this division is granted only if	49347
the person, when engaging in that activity, is directly in the	49348
discharge of that the person's duties as a police officer for the	49349
hospital. The authority to act as a police officer as described in	49350
this division shall be exercised in accordance with the standards	49351
and criteria set forth in the written agreement described in	49352
division (D)(1)(b) of this section.	49353

(b) Additionally, a person appointed as a police officer	49354
under division (D)(1) of this section is entitled, upon the grant	49355
of approval described in division (D)(1)(a) of this section and	49356
upon that the person's and the hospital's compliance with the	49357
requirements of divisions (D)(1)(b) and (c) of this section, to	49358
act as a police officer elsewhere, within the territory of a	49359
municipal corporation or within the unincorporated area of a	49360
county, if the chief of police of that municipal corporation or	49361
the sheriff of that county, respectively, has granted approval for	49362
that activity to the hospital, police department, or security	49363
department served by the person as a police officer and if the	49364
person, when engaging in that activity, is directly in the	49365
discharge of that the person's duties as a police officer for the	49366
hospital. The approval described in this division may be general	49367
in nature or may be limited in scope, duration, or applicability,	49368
as determined by the chief of police or sheriff granting the	49369
approval.	49370

(3) Police officers appointed under division (D)(1) of this	49371
section shall hold office for three years, unless, for good cause	49372
shown, their commission is revoked by the governorsecretary of	49373
state or by the hospital, as provided by law. As used in divisions	49374
(D)(1) to (3) of this section, "public hospital agency" and	49375
"nonprofit hospital agency" have the same meaningmeanings as in	49376
section 140.01 of the Revised Code.	49377

(E) A fee of fivefifteen dollars for each commission applied	49378
for under this section shall be paid at the time the application	49379
is made, and this amount shall be returned if for any reason a	49380
commission is not issued.	49381

Sec. 4981.20.  (A) Any real or personal property, or both, of	49382
the Ohio rail development commission that is acquired,	49383
constructed, reconstructed, enlarged, improved, furnished, or	49384
equipped, or any combination thereof, and leased or subleased	49385
under authority of sections 4981.11 to 4981.26 of the Revised Code	49386
shall be subject to ad valorem, sales, use, and franchise taxes	49387
and to zoning, planning, and building regulations and fees, to the	49388
same extent and in the same manner as if the lessee-user or	49389
sublessee-user thereof, rather than the issuer, had acquired,	49390
constructed, reconstructed, enlarged, improved, furnished, or	49391
equipped, or any combination thereof, such real or personal	49392
property, and title thereto was in the name of such lessee-user or	49393
sublessee-user.	49394

The transfer of tangible personal property by lease or	49395
sublease under authority of sections 4981.11 to 4981.26 of the	49396
Revised Code is not a sale as used in Chapter 5739. of the Revised	49397
Code. The exemptions provided in divisions (B)(1) and (14)(13) of	49398
section 5739.02 of the Revised Code shall not be applicable to	49399
purchases for a project under sections 4981.11 to 4981.26 of the	49400
Revised Code.	49401

The issuer shall be exempt from all taxes on its real or	49402
personal property, or both, which has been acquired, constructed,	49403
reconstructed, enlarged, improved, furnished, or equipped, or any	49404
combination thereof, under sections 4981.11 to 4981.26 of the	49405
Revised Code so long as such property is used by the issuer for	49406
purposes which would otherwise exempt such property; has ceased to	49407
be used by a former lessee-user or sublessee-user and is not	49408
occupied or used; or has been acquired by the issuer but	49409
development has not yet commenced. The exemption shall be	49410
effective as of the date the exempt use begins. All taxes on the	49411
exempt real or personal property for the year should be prorated	49412
and the taxes for the exempt portion of the year shall be remitted	49413
by the county auditor.	49414

(B) Bonds issued under sections 4981.11 to 4981.26 of the	49415
Revised Code, the transfer thereof, and the interest and other	49416
income from the bonds, including any profit made on the sale	49417
thereof, are free from taxation within the state.	49418

Sec. 5101.11.  This section does not apply to contracts	49419
entered into under section 5111.022, 5111.90, or 5111.91 of the	49420
Revised Code.	49421

(A) As used in this section:

49422

(1) "Entity" includes an agency, board, commission, or	49423
department of the state or a political subdivision of the state; a	49424
private, nonprofit entity; a school district; a private school; or	49425
a public or private institution of higher education.	49426

(2) "Federal financial participation" means the federal	49427
government's share of expenditures made by an entity in	49428
implementing a program administered by the department of job and	49429
family services.	49430

(B) At the request of any public entity having authority to	49431
implement a program administered by the department of job and	49432
family services or any private entity under contract with a public	49433
entity to implement a program administered by the department, the	49434
department may seek to obtain federal financial participation for	49435
costs incurred by the entity. Federal financial participation may	49436
be sought from programs operated pursuant to Title IV-A, Title	49437
IV-E, and Title XIX of the "Social Security Act," 49 Stat. 620	49438
(1935), 42 U.S.C. 301, as amended; the "Food Stamp Act of 1964,"	49439
78 Stat. 703, 7 U.S.C. 2011, as amended; and any other statute or	49440
regulation under which federal financial participation may be	49441
available, except that federal financial participation may be	49442
sought only for expenditures made with funds for which federal	49443
financial participation is available under federal law.	49444

(C) All funds collected by the department of job and family	49445
services pursuant to division (B) of this section shall be	49446
distributed to the entities that incurred the costs, except for	49447
any amounts retained by the department pursuant to division (D)(3)	49448
of this section.	49449

(D) In distributing federal financial participation pursuant	49450
to this section, the department may either enter into an agreement	49451
with the entity that is to receive the funds or distribute the	49452
funds in accordance with rules adopted under division (F) of this	49453
section. If the department decides to enter into an agreement to	49454
distribute the funds, the agreement may include terms that do any	49455
of the following:	49456

(1) Provide for the whole or partial reimbursement of any	49457
cost incurred by the entity in implementing the program;	49458

(2) In the event that federal financial participation is	49459
disallowed or otherwise unavailable for any expenditure, require	49460
the department of job and family services or the entity, whichever	49461
party caused the disallowance or unavailability of federal	49462
financial participation, to assume responsibility for the	49463
expenditures;	49464

(3) Permit the department to retain not more than five per	49465
cent of the amount of the federal financial participation to be	49466
distributed to the entity;	49467

(4) Require the public entity to certify the availability of	49468
sufficient unencumbered funds to match the federal financial	49469
participation it receives under this section;	49470

(5) Establish the length of the agreement, which may be for a	49471
fixed or a continuing period of time;	49472

(6) Establish any other requirements determined by the	49473
department to be necessary for the efficient administration of the	49474
agreement.	49475

(E) An entity that receives federal financial participation	49476
pursuant to this section for a program aiding children and their	49477
families shall establish a process for collaborative planning with	49478
the department of job and family services for the use of the funds	49479
to improve and expand the program.	49480

(F) The director of job and family services shall adopt rules	49481
as necessary to implement this section, including rules for the	49482
distribution of federal financial participation pursuant to this	49483
section. The rules shall be adopted in accordance with Chapter	49484
119. of the Revised Code. The director may adopt or amend any	49485
statewide plan required by the federal government for a program	49486
administered by the department, as necessary to implement this	49487
section.	49488

(G) Federal financial participation received pursuant to this	49489
section shall not be included in any calculation made under	49490
section 5101.16 or 5101.161 of the Revised Code.	49491

Sec. 5101.12. The department of job and family services shall	49492
maximize its receipt of federal revenue. In fulfilling this duty,	49493
the department may enter into contracts to maximize federal	49494
revenue without the expenditure of state money. In selecting	49495
entities with which to contract, the department shall engage in a	49496
request for proposals process. The department may also enter into	49497
contracts with public entities providing revenue maximization	49498
services.	49499

Each year in January and July, the department shall submit a	49500
report to the office of budget and management outlining the	49501
department's success in maximizing federal revenue. The office of	49502
budget and management shall establish procedures and requirements	49503
for preparing and submitting the reports and shall compile data	49504
concerning the amount of federal revenue received by the	49505
department. The department shall submit a copy of each of its	49506
reports to the speaker and minority leader of the house of	49507
representatives, the president and minority leader of the senate,	49508
and the legislative service commission.	49509

Sec. 5101.14.  (A) As used in this section and section	49510
5101.144 of the Revised Code, "children services" means services	49511
provided to children pursuant to Chapter 5153. of the Revised	49512
Code.	49513

(B) Within available funds, the department of job and family	49514
services shall make paymentsdistribute funds to the counties	49515
within thirty days after the beginning of each calendar quarter	49516
for a part of theirthe counties' costs for children services to	49517
children performed pursuant to Chapter 5153. of the Revised Code.	49518

Funds provided to the county under this section shall be	49519
deposited into the children services fund created pursuant to	49520
section 5101.144 of the Revised Code.	49521

(B)(1) The funds distributed under this section shall be used	49522
for the following:	49523

(a) Home-based services to children and families;

49524

(b) Protective services to children;

49525

(c) To find, develop, and approve adoptive homes;

49526

(d) Short-term, out-of-home care and treatment for children;

49527

(e) Costs for the care of a child who resides with a	49528
caretaker relative, other than the child's parent, and is in the	49529
legal custody of a public children services agency pursuant to a	49530
voluntary temporary custody agreement entered into under division	49531
(A) of section 5103.15 of the Revised Code or in the legal custody	49532
of a public children services agency or the caretaker relative	49533
pursuant to an allegation or adjudication of abuse, neglect, or	49534
dependency made under Chapter 2151. of the Revised Code;	49535

(f) Other services a public children services agency	49536
considers necessary to protect children from abuse, neglect, or	49537
dependency.	49538

(2) No funds distributed under this section shall be used for	49539
the costs of maintaining a child in a children's home owned and	49540
operated by the county.	49541

(C) In each fiscal year, the amount of funds available for	49542
distribution under this section shall be allocated to counties as	49543
follows:	49544

(1) If the amount is less than the amount initially	49545
appropriated for the immediately preceding fiscal year, each	49546
county shall receive an amount equal to the percentage of the	49547
funding it received in the immediately preceding fiscal year,	49548
exclusive of any releases from or additions to the allocation or	49549
any sanctions imposed under this section;	49550

(2) If the amount is equal to the amount initially	49551
appropriated for the immediately preceding fiscal year, each	49552
county shall receive an amount equal to the amount it received in	49553
the preceding fiscal year, exclusive of any releases from or	49554
additions to the allocation or any sanctions imposed under this	49555
section;	49556

(3) If the amount is greater than the amount initially	49557
appropriated for the immediately preceding fiscal year, each	49558
county shall receive the amount determined under division (C)(2)	49559
of this section as a base allocation, plus a percentage of the	49560
amount that exceeds the amount initially appropriated for the	49561
immediately preceding fiscal year. The amount exceeding the amount	49562
initially appropriated in the immediately preceding fiscal year	49563
shall be allocated to the counties as follows:	49564

(a) Twelve per cent divided equally among all counties;

49565

(b) Forty-eight per cent in the ratio that the number of	49566
residents of the county under the age of eighteen bears to the	49567
total number of such persons residing in this state;	49568

(c) Forty per cent in the ratio that the number of residents	49569
of the county with incomes under the federal poverty guideline	49570
bears to the total number of such persons in this state.	49571

As used in division (C)(3)(c) of this section, "federal	49572
poverty guideline" means the poverty guideline as defined by the	49573
United States office of management and budget and revised by the	49574
United States secretary of health and human services in accordance	49575
with section 673 of the "Community Services Block Grant Act," 95	49576
Stat. 511 (1981), 42 U.S.C.A. 9902, as amended.	49577

(D) The director of job and family services may adopt rules	49578
as necessary for the allocation of funds under this section. The	49579
rules shall be adopted in accordance with section 111.15 of the	49580
Revised Code.	49581

(E)(1) As used in this division, "services to children" means	49582
children's protective services, home-based services to children	49583
and families, foster home services, residential treatment	49584
services, adoptive services, and independent living services.	49585

(2) Except as otherwise provided in this section, the	49586
allocation of funds for a fiscal year to a county under this	49587
section shall be reduced by the department if in the preceding	49588
calendar year the total amount expended for services to children	49589
from local funds was less than the total expended from that source	49590
in the second preceding calendar year. The reduction shall be	49591
equal to the difference between the total expended in the	49592
preceding calendar year and the total expended in the second	49593
preceding calendar year.	49594

The determination of whether the amount expended for services	49595
to children was less in the preceding calendar year than in the	49596
second preceding calendar year shall not include a difference due	49597
to any of the following factors to the extent that the difference	49598
does not exceed the amount attributable to that factor:	49599

(a) An across-the-board reduction in the county budget as a	49600
whole;	49601

(b) A reduced or failed levy specifically earmarked for	49602
children services;	49603

(c) The closure of, or a reduction in the operating capacity	49604
of, a children's home owned and operated by the county.	49605

(3) Funds withheld under this division may be reallocated by	49606
the department to other counties. The department may grant whole	49607
or partial waivers of the provisions of this division.	49608

(F) Children who are in the temporary or permanent custody of	49609
a certified public or private nonprofit agency or institution, or	49610
who are in adoptions subsidized under division (B) of section	49611
5153.163 of the Revised Code are eligible for medical assistance	49612
through the medical assistance program established under section	49613
5111.01 of the Revised Code.	49614

(G) Within ninety days after the end of each state fiscal	49615
yearbiennium, each county shall return any unspent funds to the	49616
department.	49617

(H) In accordance with Chapter 119. of the Revised Code, the	49618
(E) The director shallof job and family services may adopt, and	49619
may amend and rescind,the following rules in accordance with	49620
section 111.15 of the Revised Code:	49621

(1) Rules that are necessary for the allocation of funds	49622
under this section;	49623

(2) Rules prescribing reports on expenditures to be submitted	49624
by the counties as necessary for the implementation of this	49625
section.	49626

Sec. 5101.141.  (A) As used in sections 5101.141 to 5101.1410	49627
of the Revised Code, "Title IV-E" means Title IV-E of the "Social	49628
Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended.	49629

(B) The department of job and family services shall act as	49630
the single state agency to administer federal payments for foster	49631
care and adoption assistance made pursuant to Title IV-E of the	49632
"Social Security Act," 94 Stat. 501, 42 U.S.C.A. 670 (1980), as	49633
amended. The director of job and family services shall adopt rules	49634
to implement this authority. Internal management rulesRules	49635
governing financial and administrative requirements applicable to	49636
public children services agencies, private child placing agencies,	49637
and private noncustodial agenciesgovernment entities that provide	49638
Title IV-E reimbursable placement services to children shall be	49639
adopted in accordance with section 111.15 of the Revised Code, as	49640
if they were internal management rules. Rules governing	49641
requirements applicable to private child placing agencies and	49642
private noncustodial agencies and rules establishing eligibility,	49643
program participation, and other requirements concerning Title	49644
IV-E shall be adopted in accordance with Chapter 119. of the	49645
Revised Code. A public children services agency to which the	49646
department distributes Title IV-E funds shall administer the funds	49647
in accordance with those rules.	49648

(B)(C)(1) The county, on behalf of each child eligible for	49649
foster care maintenance payments under Title IV-E of the "Social	49650
Security Act," shall make payments to cover the cost of providing	49651
all of the following:	49652

(a) The child's food, clothing, shelter, daily supervision,	49653
and school supplies;	49654

(b) The child's personal incidentals;

49655

(c) Reasonable travel to the child's home for visitation.

49656

(2) In addition to payments made under division (B)(C)(1) of	49657
this section, the county may, on behalf of each child eligible for	49658
foster care maintenance payments under Title IV-E of the "Social	49659
Security Act," make payments to cover the cost of providing the	49660
following:	49661

(a) Liability insurance with respect to the child;

49662

(b) If the county is participating in the demonstration	49663
project established under division (A) of section 5101.142 of the	49664
Revised Code, services provided under the project.	49665

(3) With respect to a child who is in a child-care	49666
institution, including any type of group home designed for the	49667
care of children or any privately operated program consisting of	49668
two or more certified foster homes operated by a common	49669
administrative unit, the foster care maintenance payments made by	49670
the county on behalf of the child shall include the reasonable	49671
cost of the administration and operation of the institution, group	49672
home, or program, as necessary to provide the items described in	49673
divisions (B)(C)(1) and (2) of this section.	49674

(C)(D) To the extent that either foster care maintenance	49675
payments under division (B)(C) of this section or Title IV-E	49676
adoption assistance payments for maintenance costs require the	49677
expenditure of county funds, the board of county commissioners	49678
shall report the nature and amount of each expenditure of county	49679
funds to the department.	49680

(D)(E) The department shall distribute to public children	49681
services agencies that incur and report such expenditures federal	49682
financial participation received for administrative and training	49683
costs incurred in the operation of foster care maintenance and	49684
adoption assistance programs. The department may withhold not more	49685
than three per cent of the federal financial participation	49686
received. The funds withheld may be used only to fund the Ohio	49687
child welfare training program established under section 5153.60	49688
of the Revised Code and the university partnership program for	49689
college and university students majoring in social work who have	49690
committed to work for a public children services agency upon	49691
graduation. The funds withheld shall be in addition to any	49692
administration and training cost for which the department is	49693
reimbursed through its own cost allocation plan.	49694

(E)(F) All federal financial participation funds received by	49695
a county pursuant to this section shall be deposited into the	49696
county's children services fund created pursuant to section	49697
5101.144 of the Revised Code.	49698

(F)(G) The department shall periodically publish and	49699
distribute the maximum amounts that the department will reimburse	49700
public children services agencies for making payments on behalf of	49701
children eligible for foster care maintenance payments.	49702

(G)(H) The department, by and through its director, is hereby	49703
authorized to develop, participate in the development of,	49704
negotiate, and enter into one or more interstate compacts on	49705
behalf of this state with agencies of any other states, for the	49706
provision of medical assistance and other social services to	49707
children in relation to whom all of the following apply:	49708

(1) They have special needs.

49709

(2) This state or another state that is a party to the	49710
interstate compact is providing adoption assistance on their	49711
behalf.	49712

(3) They move into this state from another state or move out	49713
of this state to another state.	49714

Sec. 5101.142.  (A) The department of job and family services	49715
may apply to the United States secretary of health and human	49716
services for a waiver of requirements established under Title IV-E	49717
of the "Social Security Act," 94 Stat. 501, 42 U.S.C.A. 670	49718
(1980), or regulations adopted thereunder, to conduct a	49719
demonstration project expanding eligibility for and services	49720
provided under Title IV-E. The department may enter into	49721
agreements with the secretary necessary to implement the	49722
demonstration project, including agreements establishing the terms	49723
and conditions of the waiver authorizing the project. If a	49724
demonstration project is to be established, the department shall	49725
do all of the following:	49726

(1) Have the director of job and family services adopt rules	49727
in accordance with Chapter 119. of the Revised Code governing the	49728
project. The rules shall be consistent with the agreements the	49729
department enters into with the secretary.	49730

(2) Enter into agreements with public children services	49731
agencies that the department selects for participation in the	49732
project. The department shall not select an agency that objects to	49733
participation or refuses to be bound by the terms and conditions	49734
of the project.	49735

(3) Contract with persons or governmental agencies providing	49736
services under the project;	49737

(4) Amend the state plan required by section 471 of the	49738
"Social Security Act," 42 U.S.C.A. 671, as amended, as needed to	49739
implement the project;	49740

(5) Conduct ongoing evaluations of the project;

49741

(6) Perform other administrative and operational activities	49742
required by the agreement with the secretary.	49743

(B) The department may apply to the United States secretary	49744
of health and human services for a waiver of the requirements	49745
established under Title IV-B of the "Social Security Act of 1967,"	49746
81 Stat. 821, 42 U.S.C.A. 620 or regulations adopted thereunder	49747
and established under any other federal law or regulations that	49748
affect the children services functions prescribed by Chapter 5153.	49749
of the Revised Code, to conduct demonstration projects or	49750
otherwise improve the effectiveness and efficiency of the children	49751
services function.	49752

Sec. 5101.144. As used in this section, "children services"	49753
means services provided to children pursuant to Chapter 5153. of	49754
the Revised Code.	49755

Each county shall deposit all funds its public children	49756
services agency receives from appropriations made by the board of	49757
county commissioners or any other source for the purpose of	49758
providing children services into a special fund in the county	49759
treasury known as the children services fund. A county shall use	49760
money in the fund only for the purposes of meeting the expenses of	49761
providing children services.	49762

Sec. 5101.145.  (A) For the purposes of this section, "Title	49763
IV-E" means Title IV-E of the "Social Security Act," 94 Stat. 501,	49764
42 U.S.C.A. 670 (1980).	49765

(B) In adopting rules under section 5101.141 of the Revised	49766
Code regarding financial requirements applicable to public	49767
children services agencies, private child placing agencies, and	49768
private noncustodial agencies, and government entities that	49769
provide Title IV-E reimbursable placement services to children,	49770
the department of job and family services shall establish both of	49771
the following:	49772

(1) A single form for the agencies or entities to report	49773
costs reimbursable under Title IV-E and costs reimbursable under	49774
medicaid;	49775

(2) Procedures to monitor cost reports submitted by the	49776
agencies or entities.	49777

(C)(B) The procedures established under division (B)(A)(2) of	49778
this section shall be implemented not later than October 1, 2003.	49779
The procedures shall be used to do both of the following:	49780

(1) Determine which of the costs are reimbursable under Title	49781
IV-E;	49782

(2) Ensure that costs reimbursable under medicaid are	49783
excluded from determinations made under division (C)(B)(1) of this	49784
section.	49785

Sec. 5101.146.  The department of job and family services	49786
shall establish the following penalties, which shall be enforced	49787
at the discretion of the department, for the failure of a public	49788
children services agency, private child placing agency, or private	49789
noncustodial agency, or government entity that provides Title IV-E	49790
reimbursable placement services to children to comply with	49791
procedures the department establishes to ensure fiscal	49792
accountability:	49793

(A) For initial failure, the department and the agency or	49794
entity involved shall jointly develop and implement a corrective	49795
action plan according to a specific schedule. If requested by the	49796
agency or entity involved, the department shall provide technical	49797
assistance to the agency or entity to ensure the fiscal	49798
accountability procedures and goals of the plan are met.	49799

(B) For subsequent failures or failure to achieve the goals	49800
of the plan described in division (A) of this section, eitherone	49801
of the following:	49802

(1) For public children services agencies, the department may	49803
take any action permitted under division (B)(3)(C)(2), (4), or	49804
(5), or (6) of section 5101.24 of the Revised Code.	49805

(2) For private child placing agencies or private	49806
noncustodial agencies, cancellation of any Title IV-E allowability	49807
rates for the agency involved pursuant to section 5101.141 of the	49808
Revised Code or revocation pursuant to Chapter 119. of the Revised	49809
Code of that agency's certificate issued under section 5103.03 of	49810
the Revised Code;	49811

(3) For government entities, other than public children	49812
services agencies, that provide Title IV-E reimbursable placement	49813
services to children, cancellation of any Title IV-E allowability	49814
rates for the entity involved pursuant to section 5101.141 of the	49815
Revised Code.	49816

Sec. 5101.1410. In addition to the remedies available under	49817
sections 5101.146 and 5101.24 of the Revised Code, the department	49818
of job and family services may certify a claim to the attorney	49819
general under section 131.02 of the Revised Code for the attorney	49820
general to take action under that section against a public	49821
children services agency, private child placing agency, private	49822
noncustodial agency, or government entity that provides Title IV-E	49823
reimbursable placement services to children if all of the	49824
following are the case:	49825

(A) The agency or entity files a cost report with the	49826
department pursuant to rules adopted under division (B) of section	49827
5101.141 of the Revised Code.	49828

(B) The department receives and distributes federal Title	49829
IV-E reimbursement funds based on the cost report.	49830

(C) The agency's or entity's misstatement, misclassification,	49831
overstatement, understatement, or other inclusion or omission of	49832
any cost included in the cost report causes the United States	49833
department of health and human services to disallow all or part of	49834
the federal Title IV-E reimbursement funds the department received	49835
and distributed.	49836

(D) The agency's or entity's misstatement, misclassification,	49837
overstatement, understatement, or other inclusion or omission of	49838
any cost included in the cost report is not the result of	49839
directives the department gave to the agency or entity.	49840

Sec. 5101.16.  (A) As used in this section and sections	49841
5101.161 and 5101.162 of the Revised Code:	49842

(1) "Disability financial assistance" means the financial and	49843
medical assistance providedprogram established under Chapter	49844
5115. of the Revised Code.	49845

(2) "Disability medical assistance" means the medical	49846
assistance program established under Chapter 5115. of the Revised	49847
Code.	49848

(3) "Food stamps" means the program administered by the	49849
department of job and family services pursuant to section 5101.54	49850
of the Revised Code.	49851

(3)(4) "Medicaid" means the medical assistance program	49852
established by Chapter 5111. of the Revised Code, excluding	49853
transportation services provided under that chapter.	49854

(4)(5) "Ohio works first" means the program established by	49855
Chapter 5107. of the Revised Code.	49856

(5)(6) "Prevention, retention, and contingency" means the	49857
program established by Chapter 5108. of the Revised Code.	49858

(6)(7) "Public assistance expenditures" means expenditures	49859
for all of the following:	49860

(a) Ohio works first;

49861

(b) County administration of Ohio works first;

49862

(c) Prevention, retention, and contingency;

49863

(d) County administration of prevention, retention, and	49864
contingency;	49865

(e) Disability financial assistance;

49866

(f) Disability medical assistance;

49867

(g) County administration of disability financial assistance;

49868

(g)(h) County administration of disability medical	49869
assistance;	49870

(i) County administration of food stamps;

49871

(h)(j) County administration of medicaid.

49872

(7) "Title IV-A program" has the same meaning as in section	49873
5101.80 of the Revised Code.	49874

(B) Each board of county commissioners shall pay the county	49875
share of public assistance expenditures in accordance with section	49876
5101.161 of the Revised Code. Except as provided in division (C)	49877
of this section, a county's share of public assistance	49878
expenditures is the sum of all of the following for state fiscal	49879
year 1998 and each state fiscal year thereafter:	49880

(1) The amount that is twenty-five per cent of the county's	49881
total expenditures for disability financial assistance and	49882
disability medical assistance and county administration of	49883
disability assistancethose programs during the state fiscal year	49884
ending in the previous calendar year that the department of job	49885
and family services determines are allowable.	49886

(2) The amount that is ten per cent, or other percentage	49887
determined under division (D) of this section, of the county's	49888
total expenditures for county administration of food stamps and	49889
medicaid during the state fiscal year ending in the previous	49890
calendar year that the department determines are allowable, less	49891
the amount of federal reimbursement credited to the county under	49892
division (E) of this section for the state fiscal year ending in	49893
the previous calendar year;	49894

(3)(a) Except as provided in division (B)(3)(b) of this	49895
section,A percentage of the actual amount, as determined by the	49896
department of job and family services from expenditure reports	49897
submitted to the United States department of health and human	49898
services, of the county share of program and administrative	49899
expenditures during federal fiscal year 1994 for assistance and	49900
services, other than child day-care, provided under Titles IV-A	49901
and IV-F of the "Social Security Act," 49 Stat. 620 (1935), 42	49902
U.S.C. 301, as those titles existed prior to the enactment of the	49903
"Personal Responsibility and Work Opportunity Reconciliation Act	49904
of 1996," 110 Stat. 2105. The department of job and family	49905
services shall determine the actual amount of the county share	49906
from expenditure reports submitted to the United States department	49907
of health and human services. The percentage shall be the	49908
percentage established in rules adopted under division (F) of this	49909
section.	49910

(b) For state fiscal years 2000 and 2001, seventy-seven per	49911
cent of the amount determined under division (B)(3)(a) of this	49912
section.	49913

(C)(1) If a county's share of public assistance expenditures	49914
determined under division (B) of this section for a state fiscal	49915
year exceeds one hundred ten per cent of the county's share for	49916
those expenditures for the immediately preceding state fiscal	49917
year, the department of job and family services shall reduce the	49918
county's share for expenditures under divisions (B)(1) and (2) of	49919
this section so that the total of the county's share for	49920
expenditures under division (B) of this section equals one hundred	49921
ten per cent of the county's share of those expenditures for the	49922
immediately preceding state fiscal year.	49923

(2) A county's share of public assistance expenditures	49924
determined under division (B) of this section may be increased	49925
pursuant to a sanction under section 5101.24 of the Revised Code.	49926

(D)(1) If the per capita tax duplicate of a county is less	49927
than the per capita tax duplicate of the state as a whole and	49928
division (D)(2) of this section does not apply to the county, the	49929
percentage to be used for the purpose of division (B)(2) of this	49930
section is the product of ten multiplied by a fraction of which	49931
the numerator is the per capita tax duplicate of the county and	49932
the denominator is the per capita tax duplicate of the state as a	49933
whole. The department of job and family services shall compute the	49934
per capita tax duplicate for the state and for each county by	49935
dividing the tax duplicate for the most recent available year by	49936
the current estimate of population prepared by the department of	49937
development.	49938

(2) If the percentage of families in a county with an annual	49939
income of less than three thousand dollars is greater than the	49940
percentage of such families in the state and division (D)(1) of	49941
this section does not apply to the county, the percentage to be	49942
used for the purpose of division (B)(2) of this section is the	49943
product of ten multiplied by a fraction of which the numerator is	49944
the percentage of families in the state with an annual income of	49945
less than three thousand dollars a year and the denominator is the	49946
percentage of such families in the county. The department of job	49947
and family services shall compute the percentage of families with	49948
an annual income of less than three thousand dollars for the state	49949
and for each county by multiplying the most recent estimate of	49950
such families published by the department of development, by a	49951
fraction, the numerator of which is the estimate of average annual	49952
personal income published by the bureau of economic analysis of	49953
the United States department of commerce for the year on which the	49954
census estimate is based and the denominator of which is the most	49955
recent such estimate published by the bureau.	49956

(3) If the per capita tax duplicate of a county is less than	49957
the per capita tax duplicate of the state as a whole and the	49958
percentage of families in the county with an annual income of less	49959
than three thousand dollars is greater than the percentage of such	49960
families in the state, the percentage to be used for the purpose	49961
of division (B)(2) of this section shall be determined as follows:	49962

(a) Multiply ten by the fraction determined under division	49963
(D)(1) of this section;	49964

(b) Multiply the product determined under division (D)(3)(a)	49965
of this section by the fraction determined under division (D)(2)	49966
of this section.	49967

(4) The department of job and family services shall	49968
determine, for each county, the percentage to be used for the	49969
purpose of division (B)(2) of this section not later than the	49970
first day of July of the year preceding the state fiscal year for	49971
which the percentage is used.	49972

(E) The department of job and family services shall credit to	49973
a county the amount of federal reimbursement the department	49974
receives from the United States departments of agriculture and	49975
health and human services for the county's expenditures for	49976
administration of food stamps and medicaid that the department	49977
determines are allowable administrative expenditures.	49978

(F)(1) The director of job and family services shall adopt	49979
rules in accordance with section 111.15 of the Revised Code to	49980
establish all of the following:	49981

(1)(a) The method the department is to use to change a	49982
county's share of public assistance expenditures determined under	49983
division (B) of this section as provided in division (C) of this	49984
section;	49985

(2)(b) The allocation methodology and formula the department	49986
will use to determine the amount of funds to credit to a county	49987
under this section;	49988

(3)(c) The method the department will use to change the	49989
payment of the county share of public assistance expenditures from	49990
a calendar-year basis to a state fiscal year basis;	49991

(4)(d) The percentage to be used for the purpose of division	49992
(B)(3) of this section, which shall meet both of the following	49993
requirements:	49994

(i) The percentage shall not be less than seventy-five per	49995
cent nor more than eighty-two per cent;	49996

(ii) The percentage shall not exceed the percentage that the	49997
state's qualified state expenditures is of the state's historic	49998
state expenditures as those terms are defined in 42 U.S.C.	49999
609(a)(7).	50000

(e) Other procedures and requirements necessary to implement	50001
this section.	50002

(2) The director of job and family services may amend the	50003
rule adopted under division (F)(1)(d) of this section to modify	50004
the percentage on determination that the amount the general	50005
assembly appropriates for Title IV-A programs makes the	50006
modification necessary. The rule shall be adopted and amended as	50007
if an internal management rule and in consultation with the	50008
director of budget and management.	50009

Sec. 5101.162. TheSubject to available federal funds and	50010
appropriations made by the general assembly, the department of job	50011
and family services may, at its sole discretion, use available	50012
federal funds to reimburse county expenditures for county	50013
administration of food stamps or medicaid even though the county	50014
expenditures meet or exceed the maximum allowable reimbursement	50015
amount established by rules adopted under section 5101.161 of the	50016
Revised Code if the board of county commissioners has not entered	50017
into a partnershipfiscal agreement with the director of job and	50018
family services under section 5101.21 of the Revised Code. The	50019
director may adopt internal management rules in accordance with	50020
section 111.15 of the Revised Code to implement this section.	50021

Sec. 5101.18.  (A) When the director of job and family	50022
services adopts rules under section 5107.05 regarding income	50023
requirements for the Ohio works first program and under section	50024
5115.055115.03 of the Revised Code regarding income and resource	50025
requirements for the disability financial assistance program, the	50026
director shall determine what payments shall be regarded or	50027
disregarded. In making this determination, the director shall	50028
consider:	50029

(1) The source of the payment;

50030

(2) The amount of the payment;

50031

(3) The purpose for which the payment was made;

50032

(4) Whether regarding the payment as income would be in the	50033
public interest;	50034

(5) Whether treating the payment as income would be	50035
detrimental to any of the programs administered in whole or in	50036
part by the department of job and family services and whether such	50037
determination would jeopardize the receipt of any federal grant or	50038
payment by the state or any receipt of aid under Chapter 5107. of	50039
the Revised Code.	50040

(B) Any recipient of aid under Title XVI of the "Social	50041
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended,	50042
whose money payment is discontinued as the result of a general	50043
increase in old-age, survivors, and disability insurance benefits	50044
under such act, shall remain a recipient for the purpose of	50045
receiving medical assistance through the medical assistance	50046
program established under section 5111.01 of the Revised Code.	50047

Sec. 5101.181.  (A) As used in this section and section	50048
5101.182 of the Revised Code, "public assistance" includes, in	50049
addition to Ohio works first; prevention, all of the following:	50050

(1) Prevention retention, and contingency; medicaid

50051

(2) Medicaid; and disability

50052

(3) Disability financial assistance, general;

50053

(4) Disability medical assistance;

50054

(5) General assistance provided prior to July 17, 1995, under	50055
former Chapter 5113. of the Revised Code.	50056

(B) As part of the procedure for the determination of	50057
overpayment to a recipient of public assistance under Chapter	50058
5107., 5108., 5111., or 5115. of the Revised Code, the director of	50059
job and family services shall furnish quarterly the name and	50060
social security number of each individual who receives public	50061
assistance to the director of administrative services, the	50062
administrator of the bureau of workers' compensation, and each of	50063
the state's retirement boards. Within fourteen days after	50064
receiving the name and social security number of an individual who	50065
receives public assistance, the director of administrative	50066
services, administrator, or board shall inform the auditor of	50067
state as to whether such individual is receiving wages or	50068
benefits, the amount of any wages or benefits being received, the	50069
social security number, and the address of the individual. The	50070
director of administrative services, administrator, boards, and	50071
any agent or employee of those officials and boards shall comply	50072
with the rules of the director of job and family services	50073
restricting the disclosure of information regarding recipients of	50074
public assistance. Any person who violates this provision shall	50075
thereafter be disqualified from acting as an agent or employee or	50076
in any other capacity under appointment or employment of any state	50077
board, commission, or agency.	50078

(C) The auditor of state may enter into a reciprocal	50079
agreement with the director of job and family services or	50080
comparable officer of any other state for the exchange of names,	50081
current or most recent addresses, or social security numbers of	50082
persons receiving public assistance under Title IV-A or under	50083
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	50084
U.S.C. 301, as amended.	50085

(D)(1) The auditor of state shall retain, for not less than	50086
two years, at least one copy of all information received under	50087
this section and sections 145.27, 742.41, 3307.20, 3309.22,	50088
4123.27, 5101.182, and 5505.04 of the Revised Code. The auditor	50089
shall review the information to determine whether overpayments	50090
were made to recipients of public assistance under Chapters 5107.,	50091
5108., 5111., and 5115. of the Revised Code. The auditor of state	50092
shall initiate action leading to prosecution, where warranted, of	50093
recipients who received overpayments by forwarding the name of	50094
each recipient who received overpayment, together with other	50095
pertinent information, to the director of job and family services	50096
and the attorney general, to the district director of job and	50097
family services of the district through which public assistance	50098
was received, and to the county director of job and family	50099
services and county prosecutor of the county through which public	50100
assistance was received.	50101

(2) The auditor of state and the attorney general or their	50102
designees may examine any records, whether in computer or printed	50103
format, in the possession of the director of job and family	50104
services or any county director of job and family services. They	50105
shall provide safeguards which restrict access to such records to	50106
purposes directly connected with an audit or investigation,	50107
prosecution, or criminal or civil proceeding conducted in	50108
connection with the administration of the programs and shall	50109
comply with the rules of the director of job and family services	50110
restricting the disclosure of information regarding recipients of	50111
public assistance. Any person who violates this provision shall	50112
thereafter be disqualified from acting as an agent or employee or	50113
in any other capacity under appointment or employment of any state	50114
board, commission, or agency.	50115

(3) Costs incurred by the auditor of state in carrying out	50116
the auditor of state's duties under this division shall be borne	50117
by the auditor of state.	50118

Sec. 5101.20. (A) As used in this section of the Revised	50119
Code:	50120

(1) "Local area" has the same meaning as in section 101 of	50121
the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.	50122
2801, as amended, and division (A) of section 6301.01 of the	50123
Revised Code;	50124

(2) "Chief elected official" has the same meaning as in	50125
section 101 of the "Workforce Investment Act of 1998," 112 Stat.	50126
936, 29 U.S.C. 2801, as amended, and division (F) of section	50127
6301.01 of the Revised Code;	50128

(3) "Grantee" means the chief elected officials of a local	50129
area.	50130

(B) The director of job and family services shall enter into	50131
one or more written grant agreements with each local area under	50132
which financial assistance is awarded for workforce development	50133
activities included in the agreements. A grant agreement shall	50134
establish the terms and conditions governing the accountability	50135
for and use of grants provided by the department of job and family	50136
services to the grantee for the administration of workforce	50137
development activities funded under the "Workforce Investment Act	50138
of 1998," 112 Stat. 936, 29 U.S.C. 2801, as amended.	50139

(C) In the case of a local area comprised of multiple	50140
political subdivisions, nothing in this section shall preclude the	50141
chief elected officials of a local area from entering into an	50142
agreement among themselves to distribute any liability for	50143
activities of the local area, but such an agreement shall not be	50144
binding on the department of job and family services.	50145

(D) The written grant agreement entered into under division	50146
(B) of this section shall comply with all applicable federal and	50147
state laws governing workforce development activities. All federal	50148
conditions and restrictions that apply to the use of grants	50149
received by the department of job and family services shall apply	50150
to the use of the grants received by the local areas from the	50151
department.	50152

(E) A written grant agreement entered into under division (B)	50153
of this section shall:	50154

(1) Identify the chief elected officials for the local area;

50155

(2) Provide for the incorporation of the local workforce	50156
development plan;	50157

(3) Include the chief elected officials' assurance that the	50158
local area and any subgrantee or contractor of the local area will	50159
do all of the following:	50160

(a) Ensure that the financial assistance awarded under the	50161
grant agreement is used, and the workforce development duties	50162
included in the agreement are performed, in accordance with	50163
requirements established by the department or any of the	50164
following: federal or state law, the state plan for receipt of	50165
federal financial participation, grant agreements between the	50166
department and a federal agency, or executive orders.	50167

(b) Ensure that the chief elected officials and any	50168
subgrantee or contractor of the local area utilize a financial	50169
management system and other accountability mechanisms that meet	50170
requirements the department establishes;	50171

(c) Require the chief elected officials and any subgrantee or	50172
contractor of the local area to do both of the following:	50173

(i) Monitor all private and government entities that receive	50174
a payment from financial assistance awarded under the grant	50175
agreement to ensure that each entity uses the payment in	50176
accordance with requirements for the workforce development duties	50177
included in the agreement;	50178

(ii) Take action to recover payments that are not used in	50179
accordance with the requirements for the workforce development	50180
duties that are included in the agreement.	50181

(d) Require the chief elected officials of a local area to	50182
promptly reimburse the department the amount that represents the	50183
amount a local area is responsible for of funds the department	50184
pays to any entity because of an adverse audit finding, adverse	50185
quality control finding, final disallowance of federal financial	50186
participation, or other sanction or penalty;	50187

(e) Require chief elected officials of a local area to take	50188
prompt corrective action if the department, auditor of state,	50189
federal agency, or other entity authorized by federal or state law	50190
to determine compliance with requirements for a workforce	50191
development duty included in the agreement determines compliance	50192
has not been achieved;	50193

(4) Provide that the award of financial assistance is subject	50194
to the availability of federal funds and appropriations made by	50195
the general assembly;	50196

(5) Provide for annual financial, administrative, or other	50197
incentive awards, if any, to be provided in accordance with	50198
section 5101.23 of the Revised Code.	50199

(6) Establish the method of amending or terminating the grant	50200
agreement and an expedited process for correcting terms or	50201
conditions of the agreement that the director and the chief	50202
elected officials agree are erroneous.	50203

(7) Provide for the department of job and family services to	50204
award financial assistance for the workforce development duties	50205
included in the agreement in accordance with a methodology for	50206
determining the amount of the award established by rules adopted	50207
under division (F) of this section.	50208

(8) Determine the dates that the grant agreement begins and	50209
ends.	50210

(F)(1) The director shall adopt rules in accordance with	50211
section 111.15 of the Revised Code governing grant agreements. The	50212
director shall adopt the rules as if they were internal management	50213
rules. The rules shall establish methodologies to be used to	50214
determine the amount of financial assistance to be awarded under	50215
the agreements and may do any of the following:	50216

(a) Govern the establishment of consolidated funding	50217
allocations and other allocations;	50218

(b) Specify allowable uses of financial assistance awarded	50219
under the agreements;	50220

(c) Establish reporting, cash management, audit, and other	50221
requirements the director determines are necessary to provide	50222
accountability for the use of financial assistance awarded under	50223
the agreements and determine compliance with requirements	50224
established by the department or any of the following: a federal	50225
or state law, state plan for receipt of federal financial	50226
participation, grant agreement between the department and a	50227
federal entity, or executive order.	50228

(2) A requirement of a grant agreement established by a rule	50229
adopted under this division is applicable to a grant agreement	50230
without having to be restated in the grant agreement.	50231

Sec. 5101.201. The director of job and family services may	50232
enter into agreements with one-stop operators and one-stop	50233
partners for the purpose of implementing the requirements of	50234
section 121 of the "Workforce Investment Act of 1998," 112 Stat.	50235
936, 29 U.S.C. 2801.	50236

Sec. 5101.21.  (A) As used in sections 5101.21 to 5101.24 of	50237
the Revised Code, "workforce development agency" and "workforce	50238
development activity" have the same meanings as in section 6301.01	50239
of the Revised Codethis section, "county signer" means all of the	50240
following:	50241

(1) A board of county commissioners;

50242

(2) A county children services board appointed under section	50243
5153.03 of the Revised Code if required by division (B) of this	50244
section to enter into a fiscal agreement;	50245

(3) A county elected official that is a child support	50246
enforcement agency if required by division (B) of this section to	50247
enter into a fiscal agreement.	50248

(B) The director of job and family services shallmay enter	50249
into aone or more written partnership agreementfiscal agreements	50250
with each boardboards of county commissioners.	50251

(C)(1) Each partnership agreement shall include provisions	50252
regarding the administration and design of all of the following:	50253

(a) The Ohio works first program established under Chapter	50254
5107. of the Revised Code;	50255

(b) The prevention, retention, and contingency program	50256
established under Chapter 5108. of the Revised Code;	50257

(c) Duties assumed by a county department of job and family	50258
services pursuant to an agreement entered into under section	50259
329.05 of the Revised Code;	50260

(d) Any other county department of job and family services'	50261
duties that the director and board mutually agree to include in	50262
the agreement;	50263

(e) If, for the purpose of Chapter 6301. of the Revised Code,	50264
the county the board serves is a local area defined in division	50265
(A)(2) or (3) of section 6301.01 of the Revised Code, workforce	50266
development activities provided by the workforce development	50267
agency established or designated for the local area.	50268

(2) Each partnership agreement may include provisions	50269
regarding the administration and design of the duties of child	50270
support enforcement agencies and public children services agencies	50271
included in a plan of cooperation entered into under section	50272
307.983 of the Revised Code that the director and board mutually	50273
agree to include in the agreement.	50274

(D) Family services duties and workforce development	50275
activities included in a partnership agreement shall be vested in	50276
the board of county commissioners. The agreement shall comply with	50277
federal statutes and regulations, state statutes, and, except as	50278
provided in division (D)(9) of this section, state rules governing	50279
the family services duties or workforce development activities	50280
included in the agreement.	50281

A partnershipunder which financial assistance is awarded for	50282
family services duties included in the agreements. Boards of	50283
county commissioners shall select which family services duties to	50284
include in a fiscal agreement. If a board of county commissioners	50285
elects to include family services duties of a public children	50286
services agency and a county children services board appointed	50287
under section 5153.03 of the Revised Code serves as the county's	50288
public children services agency, the board of county commissioners	50289
and county children services board shall jointly enter into the	50290
fiscal agreement with the director. If a board of county	50291
commissioners elects to include family services duties of a child	50292
support enforcement agency and the entity designated under former	50293
section 2301.35 of the Revised Code prior to October 1, 1997, or	50294
designated under section 307.981 of the Revised Code as the	50295
county's child support enforcement agency is an elected official	50296
of the county, the board of county commissioners and county	50297
elected official shall jointly enter into the fiscal agreement	50298
with the director. A fiscal agreement shall include	50299
responsibilities that the state department of job and family	50300
services, county family services agencies administering family	50301
services duties included in the agreement, and workforce	50302
development agencies administering workforce development	50303
activities included in the agreement must satisfy. The agreement	50304
shall establish, specify, or provide fordo all of the following:	50305

(1) Requirements governing the administration and design of,	50306
and county family services agencies' or workforce development	50307
agencies' cooperation to enhance, family services duties or	50308
workforce development activities included in the agreementSpecify	50309
the family services duties included in the agreement and the	50310
private and government entities designated under section 307.981	50311
of the Revised Code to serve as the county family services	50312
agencies performing the family services duties;	50313

(2) Outcomes that county family services agencies or	50314
workforce development agencies are expected to achieve from the	50315
administration and design of family services duties or workforce	50316
development activities included in the agreement and assistance,	50317
services, and technical support the state department will provide	50318
the county family services agencies or workforce development	50319
agencies to aid the agencies in achieving the expected outcomes	50320
Provide for the department of job and family services to award	50321
financial assistance for the family services duties included in	50322
the agreement in accordance with a methodology for determining the	50323
amount of the award established by rules adopted under division	50324
(D) of this section;	50325

(3) Performance and other administrative standards county	50326
family services agencies or workforce development agencies are	50327
required to meet in the design, administration, and outcomes of	50328
family services duties or workforce development activities	50329
included in the agreement and assistance, services, and technical	50330
support the state department will provide the county family	50331
services agencies or workforce development agencies to aid the	50332
agencies in meeting the performance and other administrative	50333
standardsSpecify the form of the award of financial assistance	50334
which may be an allocation, cash draw, reimbursement, property,	50335
or, to the extent authorized by an appropriation made by the	50336
general assembly and to the extent practicable and not in conflict	50337
with a federal or state law, a consolidated funding allocation for	50338
two or more family services duties included in the agreement;	50339

(4) Criteria and methodology the state department will use to	50340
evaluate whether expected outcomes are achieved and performance	50341
and other administrative standards are met and county family	50342
services agencies or workforce development agencies will use to	50343
evaluate whether the state department is providing agreed upon	50344
assistance, services, and technical supportProvide that the award	50345
of financial assistance is subject to the availability of federal	50346
funds and appropriations made by the general assembly;	50347

(5) AnnualSpecify annual financial, administrative, or other	50348
incentive awards, if any, to be provided in accordance with	50349
section 5101.23 of the Revised Code;	50350

(6) The stateInclude the assurance of each county signer	50351
that the county signer will do all of the following:	50352

(a) Ensure that the financial assistance awarded under the	50353
agreement is used, and the family services duties included in the	50354
agreement are performed, in accordance with requirements for the	50355
duties established by the department, a federal or state law, or	50356
any of the following that concern the family services duties	50357
included in the fiscal agreement and are published under section	50358
5101.212 of the Revised Code: state plans for receipt of federal	50359
financial participation, grant agreements between the department	50360
and a federal agency, and executive orders issued by the governor;	50361

(b) Ensure that the board and county family services agencies	50362
utilize a financial management system and other accountability	50363
mechanisms for the financial assistance awarded under the	50364
agreement that meet requirements the department establishes;	50365

(c) Require the county family services agencies to do both of	50366
the following:	50367

(i) Monitor all private and government entities that receive	50368
a payment from financial assistance awarded under the agreement to	50369
ensure that each entity uses the payment in accordance with	50370
requirements for the family services duties included in the	50371
agreement;	50372

(ii) Take action to recover payments that are not used in	50373
accordance with the requirements for the family services duties	50374
included in the agreement.	50375

(d) Require county family services agencies to promptly	50376
reimburse the department the amount that represents the amount an	50377
agency is responsible for, pursuant to action the department takes	50378
under division (C) of section 5101.24 of the Revised Code, of	50379
funds the department pays to any entity because of an adverse	50380
audit finding, adverse quality control finding, final disallowance	50381
of federal financial participation, or other sanction or penalty;	50382

(e) Require county family services agencies to take prompt	50383
corrective action, including paying amounts resulting from an	50384
adverse finding, sanction, or penalty, if the department, auditor	50385
of state, federal agency, or other entity authorized by federal or	50386
state law to determine compliance with requirements for a family	50387
services duty included in the agreement determines compliance has	50388
not been achieved;	50389

(f) If the department establishes a consolidated funding	50390
allocation for two or more family services duties included in the	50391
agreement, require the county family services agencies to use	50392
funds available in the consolidated funding allocation only for	50393
the purpose for which the funds are appropriated.	50394

(7) Provide for the department taking action pursuant to	50395
division (C) of section 5101.24 of the Revised Code if authorized	50396
by division (B)(1), (2), or (3), or (4) of that section applies;	50397

(7) The funding of family services duties or workforce	50398
development activities included in the agreement and whether the	50399
state department will establish a consolidated funding allocation	50400
under division (E) of this section. The agreement shall either	50401
specify the amount of payments to be made for the family services	50402
duties or workforce development activities included in the	50403
agreement or the method that will be used to determine the amount	50404
of payments.	50405

(8) AuditsProvide for timely audits required by federal	50406
statutes and regulations and state law and requirements for	50407
require prompt release of audit findings and prompt action to	50408
correct problems identified in an audit;	50409

(9) Which, if any, of the state department's rules will be	50410
waived so that a policy provided for in the agreement may be	50411
implementedComply with all of the requirements for the family	50412
services duties that are included in the agreement and have been	50413
established by the department, federal or state law, or any of the	50414
following that concern the family services duties included in the	50415
fiscal agreement and are published under section 5101.212 of the	50416
Revised Code: state plans for receipt of federal financial	50417
participation, grant agreements between the department and a	50418
federal agency, and executive orders issued by the governor;	50419

(10) TheProvide for dispute resolution procedures in	50420
accordance with section 5101.24 of the Revised Code;	50421

(11) Establish the method of amending or terminating the	50422
agreement and an expedited process for correcting terms or	50423
conditions of the agreement that the director and board ofeach	50424
county commissionerssigner agree are erroneous;	50425

(11) Dispute resolution procedures for anticipated and	50426
unanticipated disputes. The agreement may establish different	50427
dispute resolution procedures for different types of disputes.	50428
Dispute resolution procedures may include negotiation, mediation,	50429
arbitration, adjudication conducted by a hearing officer or	50430
fact-finding panel, and other procedures.	50431

(12) The date the agreement is to commence or Except as	50432
provided in rules adopted under division (D) of this section,	50433
begin on the first day of July of an odd-numbered year and end on	50434
the last day of June of the next odd-numbered year. An agreement	50435
may not commence before it is entered into nor end later than the	50436
last day of the state fiscal biennium for which it is entered	50437
into.	50438

(13) If workforce development activities are included in the	50439
agreement, all of the following:	50440

(a) The workforce development plan prepared under section	50441
6301.07 of the Revised Code to be attached to and incorporated	50442
into the agreement;	50443

(b) A description of the services, and a list of the core	50444
services, provided in the one-stop system for workforce	50445
development activities the county served by the board participates	50446
in under section 6301.06 of the Revised Code to be included in the	50447
agreement;	50448

(c) If the county served by the board of county commissioners	50449
is in the type of local area defined in division (A)(3) of section	50450
6301.01 of the Revised Code, the method and manner by which the	50451
board of county commissioners of each county and the chief elected	50452
official of a municipal corporation in the local area shall	50453
coordinate workforce development activities and resolve	50454
disagreements concerning either of the following:	50455

(i) Choices concerning specifically who to appoint to the	50456
workforce policy board created under section 6301.06 of the	50457
Revised Code, within the criteria for membership set forth in that	50458
section;	50459

(ii) Whether a member of the workforce policy board is	50460
performing satisfactorily for purposes of serving at the pleasure	50461
of the chief elected officials of the local area.	50462

(14) Other provisions determined necessary by the state	50463
department, board, county family services agency, and workforce	50464
development agency.	50465

(E)(C) The state department shall make payments authorized by	50466
a partnershipfiscal agreement on vouchers it prepares and may	50467
include any funds appropriated or allocated to it for carrying out	50468
family services duties or workforce development activities vested	50469
in the board of county commissioners underincluded in the	50470
agreement, including funds for personal services and maintenance.	50471

(F)(1) To the extent practicable and not in conflict with	50472
federal statutes or regulations, state law, or an appropriation	50473
made by the general assembly, the director may establish a	50474
consolidated funding allocation for any of the following:	50475

(a) Two or more family services duties included in the	50476
agreement;	50477

(b) Two or more workforce development activities included in	50478
the agreement;	50479

(c) One or more family services duties and workforce	50480
development activities included in the agreement.	50481

(2) The consolidated funding allocation may be for either of	50482
the following:	50483

(a) A county that is the type of local area defined in	50484
division (A)(2) of section 6301.01 of the Revised Code;	50485

(b) Two or more counties, or a municipal corporation and one	50486
or more counties, in the type of local area defined in division	50487
(A)(3) of section 6301.01 of the Revised Code that are	50488
coordinating and integrating workforce development activities in	50489
the local area.	50490

(3) A county family services agency or workforce development	50491
agency shall use funds available in a consolidated funding	50492
allocation only for the purpose for which the funds were	50493
appropriated.	50494

(D)(1) The director shall adopt rules in accordance with	50495
section 111.15 of the Revised Code governing fiscal agreements.	50496
The director shall adopt the rules as if they were internal	50497
management rules. Before adopting the rules, the director shall	50498
give the public an opportunity to review and comment on the	50499
proposed rules. The rules shall establish methodologies to be used	50500
to determine the amount of financial assistance to be awarded	50501
under the agreements. The rules also shall establish terms and	50502
conditions under which an agreement may be entered into after the	50503
first day of July of an odd-numbered year. The rules may do any or	50504
all of the following:	50505

(a) Govern the establishment of consolidated funding	50506
allocations and specify the time period for which a consolidated	50507
funding allocation is to be provided if the effective date of the	50508
agreement is after the first day of July of an odd-numbered year,	50509
which may include a time period before the effective date of the	50510
agreement;	50511

(b) Govern the establishment of other allocations;

50512

(c) Specify allowable uses of financial assistance awarded	50513
under the agreements;	50514

(d) Establish reporting, cash management, audit, and other	50515
requirements the director determines are necessary to provide	50516
accountability for the use of financial assistance awarded under	50517
the agreements and determine compliance with requirements	50518
established by the department, a federal or state law, or any of	50519
the following that concern the family services duties included in	50520
the agreements and are published under section 5101.212 of the	50521
Revised Code: state plans for receipt of federal financial	50522
participation, grant agreements between the department and a	50523
federal entity, and executive orders issued by the governor.	50524

(2) A requirement of a fiscal agreement established by a rule	50525
adopted under this division is applicable to a fiscal agreement	50526
without having to be restated in the fiscal agreement.	50527

Sec. 5101.211.  (A) Except as provided in division (B) of	50528
this section, the director of job and family services may provide	50529
for a fiscal agreement entered into under section 5101.21 of the	50530
Revised Code to have a retroactive effective date of the first day	50531
of July of an odd-numbered year if both of the following are the	50532
case:	50533

(1) The agreement is entered into after that date and before	50534
the last day of that July.	50535

(2) The board of county commissioners requests the	50536
retroactive effective date and provides the director good cause	50537
satisfactory to the director for the reason the agreement was not	50538
entered into on or before the first day of that July.	50539

(B) The director may provide for a fiscal agreement to have a	50540
retroactive effective date of July 1, 2003, if both of the	50541
following are the case:	50542

(1) The agreement is entered into after July 1, 2003, and	50543
before August 29, 2003.	50544

(2) The board of county commissioners requests the	50545
retroactive effective date.	50546

Sec. 5101.212.  The department of job and family services	50547
shall publish in a manner accessible to the public all of the	50548
following that concern family services duties included in fiscal	50549
agreements entered into under section 5101.21 of the Revised Code:	50550
state plans for receipt of federal financial participation, grant	50551
agreements between the department and a federal agency, and	50552
executive orders issued by the governor. The department may	50553
publish the materials electronically or otherwise.	50554

Sec. 5101.213.  (A) Except as provided in section 5101.211 of	50555
the Revised Code, if a fiscal agreement under section 5101.21 of	50556
the Revised Code between the director of job and family services	50557
and a board of county commissioners is not in effect, all of the	50558
following apply:	50559

(1) The department of job and family services shall award to	50560
the county the board serves financial assistance for family	50561
services duties in accordance with a methodology for determining	50562
the amount of the award established by rules adopted under	50563
division (B) of this section.	50564

(2) The financial assistance may be provided in the form of	50565
allocations, cash draws, reimbursements, and property but may not	50566
be made in the form of a consolidated funding allocation.	50567

(3) The award of the financial assistance is subject to the	50568
availability of federal funds and appropriations made by the	50569
general assembly.	50570

(4) The county family services agencies performing the family	50571
services duties for which the financial assistance is awarded	50572
shall do all of the following:	50573

(a) Use the financial assistance, and perform the family	50574
services duties, in accordance with requirements for the duties	50575
established by the department, a federal or state law, or any of	50576
the following that concern the duties: state plans for receipt of	50577
federal financial participation, grant agreements between the	50578
department and a federal agency, and executive orders issued by	50579
the governor;	50580

(b) Utilize a financial management system and other	50581
accountability mechanisms for the financial assistance that meet	50582
requirements the department establishes;	50583

(c) Monitor all private and government entities that receive	50584
a payment from the financial assistance to ensure that each entity	50585
uses the payment in accordance with requirements for the family	50586
services duties and take action to recover payments that are not	50587
used in accordance with the requirements for the family services	50588
duties;	50589

(d) Promptly reimburse the department the amount that	50590
represents the amount an agency is responsible for, pursuant to	50591
action the department takes under division (C) of section 5101.24	50592
of the Revised Code, of funds the department pays to any entity	50593
because of an adverse audit finding, adverse quality control	50594
finding, final disallowance of federal financial participation, or	50595
other sanction or penalty;	50596

(e) Take prompt corrective action, including paying amounts	50597
resulting from an adverse finding, sanction, or penalty, if the	50598
department, auditor of state, federal agency, or other entity	50599
authorized by federal or state law to determine compliance with	50600
requirements for a family services duty determines compliance has	50601
not been achieved.	50602

(B) The director shall adopt rules in accordance with section	50603
111.15 of the Revised Code as necessary to implement this section.	50604
The director shall adopt the rules as if they were internal	50605
management rules. Before adopting the rules, the director shall	50606
give the public an opportunity to review and comment on the	50607
proposed rules. The rules shall establish methodologies to be used	50608
to determine the amount of financial assistance to be awarded and	50609
may do any or all of the following:	50610

(1) Govern the establishment of funding allocations;

50611

(2) Specify allowable uses of financial assistance the	50612
department awards under this section;	50613

(3) Establish reporting, cash management, audit, and other	50614
requirements the director determines are necessary to provide	50615
accountability for the use of the financial assistance and	50616
determine compliance with requirements established by the	50617
department, a federal or state law, or any of the following that	50618
concern the family services duties for which the financial	50619
assistance is awarded: state plans for receipt of federal	50620
financial participation, grant agreements between the department	50621
and a federal entity, and executive orders issued by the governor.	50622

Sec. 5101.211.        Sec. 5101.214.  The director of job and family	50623
services may enter into a written agreement with one or more state	50624
agencies, as defined in section 117.01 of the Revised Code, and	50625
state universities and colleges to assist in the coordination,	50626
provision, or enhancement of the family services duties of a	50627
county family services agency or the workforce development	50628
activities of a workforce development agency. The director also	50629
may enter into written agreements or contracts with, or issue	50630
grants to, private and government entities under which funds are	50631
provided for the enhancement or innovation of family services	50632
duties or workforce development activities on the state or local	50633
level. The terms of an agreement, contract, or grant under this	50634
section may be incorporated into a partnership agreement the	50635
director enters into with a board of county commissioners under	50636
section 5101.21 or with the chief elected official of a municipal	50637
corporation under section 5101.213 of the Revised Code, if the	50638
director and board or chief elected official and state agency,	50639
state university or college, or private or government entity	50640
agree.	50641

The director may adopt internal management rules in	50642
accordance with section 111.15 of the Revised Code to implement	50643
this section.	50644

Sec. 5101.212.        Sec. 5101.215.  If the director of job and family	50645
services enters into an agreement or contracts with, or issues a	50646
grant to, a religious organization under section 5101.2115101.214	50647
of the Revised Code, the religious organization shall comply with	50648
section 104 of the Personal Responsibility and Work Opportunity	50649
and Reconciliation Act of 1996 (P.L. 104-193).	50650

Sec. 5101.216.  The director of job and family services may	50651
enter into one or more written operational agreements with boards	50652
of county commissioners to do one or more of the following	50653
regarding family services duties:	50654

(A) Provide for the director to amend or rescind a rule the	50655
director previously adopted;	50656

(B) Provide for the director to modify procedures or	50657
establish alternative procedures to accommodate special	50658
circumstances in a county;	50659

(C) Provide for the director and board to jointly identify	50660
operational problems of mutual concern and develop a joint plan to	50661
address the problems;	50662

(D) Establish a framework for the director and board to	50663
modify the use of existing resources in a manner that is	50664
beneficial to the department of job and family services and the	50665
county that the board serves and improves family services duties	50666
for the recipients of the services.	50667

Sec. 5101.22.  The department of job and family services may	50668
establish performance and other administrative standards for the	50669
administration and outcomes of family services duties and	50670
workforce development activities and determine at intervals the	50671
department decides the degree to which a county family services	50672
agency or workforce development agency complies with a performance	50673
or other administrative standard. The department may use	50674
statistical sampling, performance audits, case reviews, or other	50675
methods it determines necessary and appropriate to determine	50676
compliance with performance and administrative standards.	50677

A performance or other administrative standard established	50678
under this section for a family service duty or workforce	50679
development activity does not apply to a county family services	50680
agency or workforce development agency administering the duty if a	50681
different performance or administrative standard is specified for	50682
the agency's administration of the duty or activity pursuant to a	50683
partnership agreement entered into under section 5101.21 or	50684
5101.213 of the Revised Code.	50685

Sec. 5101.221.  (A) Except as provided by division (C) of	50686
this section, if the department of job and family services	50687
determines that a county family services agency has failed to	50688
comply with a performance or other administrative standard	50689
established under section 5101.22 of the Revised Code for the	50690
administration or outcome of a family services duty, the	50691
department shall require the agency to develop, submit to the	50692
department for approval, and comply with a corrective action plan.	50693

(B) If a county family services agency fails to develop,	50694
submit to the department, or comply with a corrective action plan	50695
under division (A) of this section, or the department disapproves	50696
the agency's corrective action plan, the department may require	50697
the agency to develop, submit to the department for approval, and	50698
comply with a corrective action plan that requires the agency to	50699
commit existing resources to the plan.	50700

(C) The department may not require a county family services	50701
agency to take action under this section for failure to comply	50702
with a performance or other administrative standard if either of	50703
the following is the case:	50704

(1) Federal law requires the department to establish the	50705
standard.	50706

(2) The standard is established for an incentive.

50707

Sec. 5101.222.  The director of job and family services may	50708
adopt rules in accordance with section 111.15 of the Revised Code	50709
to implement sections 5111.22 to 5111.222 of the Revised Code. If	50710
the director adopts the rules, the director shall adopt the rules	50711
as if they were internal management rules.	50712

Sec. 5101.24.  (A) As used in this section, "responsible	50713
entity" means the following:	50714

(1) If the family services duty or workforce development	50715
activity involved is included in a partnership agreement a board	50716
of county commissioners and the director of job and family	50717
services enters into under section 5101.21 of the Revised Code,	50718
the board regardless of the fact thator a county family services	50719
agency performs the family services duty or a workforce	50720
development agency performs the workforce development activity.	50721

(2) If the family services duty or workforce development	50722
activity involved is not included in a partnership agreement, the	50723
county family services agency or workforce development agency,	50724
whichever the director of job and family services determines is	50725
appropriate to take action against under division (C) of this	50726
section.	50727

(B) TheRegardless of whether a family services duty is	50728
performed by a county family services agency, private or	50729
government entity pursuant to a contract entered into under	50730
section 307.982 of the Revised Code or division (C)(2) of section	50731
5153.16 of the Revised Code, or private or government provider of	50732
a family service duty, the department of job and family services	50733
may take action under division (C) of this section against the	50734
responsible entity if the department determines any of the	50735
following apply to the county family services agency performing	50736
the family services duty or workforce development agency providing	50737
the workforce development activityare the case:	50738

(1) The agency fails to meet a performance standard specified	50739
in a partnership agreement entered into under section 5101.21 or	50740
establishedA requirement of a fiscal agreement entered into under	50741
section 5101.21 of the Revised Code that includes the family	50742
services duty, including a requirement for fiscal agreements	50743
established by rules adopted under that section, is not complied	50744
with;	50745

(2) A county family services agency fails to develop, submit	50746
to the department, or comply with a corrective action plan under	50747
division (B) of section 5101.221 of the Revised Code, or the	50748
department disapproves the agency's corrective action plan	50749
developed under division (B) of section 5101.225101.221 of the	50750
Revised Code for the duty or activity;	50751

(2) The agency fails to comply with a(3) A requirement for	50752
the family services duty established by the department or any of	50753
the following is not complied with: a federal statute or	50754
regulations, state statute, or a department rule for the duty or	50755
activitylaw, state plan for receipt of federal financial	50756
participation, grant agreement between the department and a	50757
federal agency, or executive order issued by the governor;	50758

(3)(4) The agencyresponsible entity is solely or partially	50759
responsible, as determined by the director of job and family	50760
services, for an adverse audit orfinding, adverse quality control	50761
finding, final disallowance of federal financial participation, or	50762
other sanction or penalty regarding the family services duty or	50763
activity.	50764

(C) The department may take one or more of the following	50765
actions against the responsible entity ifwhen authorized by	50766
division (B)(1), (2), or (3), or (4) of this section applies:	50767

(1) Require the responsible entity to submit to and comply	50768
with a corrective action plan pursuant to a time schedule	50769
specified by the department;. The corrective action plan shall be	50770
established or approved by the department and shall not require a	50771
county family services agency to commit resources to the plan.	50772

(2) Require the responsible entity to comply with a	50773
corrective action plan pursuant to a time schedule specified by	50774
the department. The corrective action plan shall be established or	50775
approved by the department and require a county family services	50776
agency to commit to the plan existing resources identified by the	50777
agency.	50778

(3) Require the responsible entity to do one of the	50779
following:	50780

(a) Share with the department a final disallowance of federal	50781
financial participation or other sanction or penalty;	50782

(b) Reimburse the department the final amount the department	50783
pays to the federal government or another entity that represents	50784
the amount the agencyresponsible entity is responsible for of an	50785
adverse audit orfinding, adverse quality control finding, final	50786
disallowance of federal financial participation, or other sanction	50787
or penalty issued by the federal government, auditor of state, or	50788
other entity;	50789

(c) Pay the federal government or another entity the final	50790
amount that represents the amount the agencyresponsible entity is	50791
responsible for of an adverse audit orfinding, adverse quality	50792
control finding, final disallowance of federal financial	50793
participation, or other sanction or penalty issued by the federal	50794
government, auditor of state, or other entity;	50795

(d) Pay the department the final amount that represents the	50796
amount the responsible entity is responsible for of an adverse	50797
audit finding or adverse quality control finding.	50798

(3)(4) Impose a financial oran administrative sanction or	50799
adverse audit issued by the department against the responsible	50800
entity. A sanction may be increased if the department has	50801
previously taken action against the responsible entity under this	50802
division.	50803

(4)(5) Perform, or contract with a government or private	50804
entity for the entity to perform, the family services duty or	50805
workforce development activity until the department is satisfied	50806
that the responsible entity ensures that the duty or activity will	50807
be performed satisfactorily. If the department performs or	50808
contracts with an entity to perform a family services duty or	50809
workforce development activity under division (C)(4)(5) of this	50810
section, the department may do either or both of the following:	50811

(a) Spend funds in the county treasury appropriated by the	50812
board of county commissioners for the duty or activity;	50813

(b) Withhold funds allocated or reimbursements due to the	50814
responsible entity for the duty or activity and spend the funds	50815
for the duty or activity.	50816

(5)(6) Request that the attorney general bring mandamus	50817
proceedings to compel the responsible entity to take or cease the	50818
action that causes division (B)(1), (2), or (3), or (4) of this	50819
section to apply. The attorney general shall bring mandamus	50820
proceedings in the Franklin county court of appeals at the	50821
department's request.	50822

(7) If the department takes action under this division	50823
because of division (B)(3) of this section, withhold funds	50824
allocated or reimbursement due to the responsible entity until the	50825
department determines that the responsible entity is in compliance	50826
with the requirement. The department shall release the funds when	50827
the department determines that compliance has been achieved.	50828

(D) If the department decidesproposes to take action against	50829
the responsible entity under division (C) of this section, the	50830
department shall notify the responsible entity and county auditor.	50831
The notice shall be in writing and specify the action the	50832
department proposes to take. The department shall send the notice	50833
by regular United States mail.	50834

TheExcept as provided by division (E) of this section, the	50835
responsible entity may request an administrative review of a	50836
proposed action, other than a proposed action under division	50837
(C)(5) of this section, by sending a written request to the	50838
department not later thanin accordance with administrative review	50839
procedures the department shall establish. The administrative	50840
review procedures shall comply with all of the following:	50841

(1) A request for an administrative review shall state	50842
specifically all of the following:	50843

(a) The proposed action specified in the notice from the	50844
department for which the review is requested;	50845

(b) The reason why the responsible entity believes the	50846
proposed action is inappropriate;	50847

(c) All facts and legal arguments that the responsible entity	50848
wants the department to consider;	50849

(d) The name of the person who will serve as the responsible	50850
entity's representative in the review.	50851

(2) If the department's notice specifies more than one	50852
proposed action and the responsible entity does not specify all of	50853
the proposed actions in its request pursuant to division (D)(1)(a)	50854
of this section, the proposed actions not specified in the request	50855
shall not be subject to administrative review and the parts of the	50856
notice regarding those proposed actions shall be final and binding	50857
on the responsible entity.	50858

(3) In the case of a proposed action under division (C)(1) of	50859
this section, the responsible entity shall have fifteen calendar	50860
days after the department mails the notice to the responsible	50861
entity to send a written request to the department for an	50862
administrative review. If it receives such a request within the	50863
required time, the department shall postpone taking action under	50864
division (C)(1) of this section for fifteen calendar days	50865
following the day it receives the request. Theor extended period	50866
of time provided for in division (D)(5) of this section to allow a	50867
representative of the department and a representative of the	50868
responsible entity shall attemptan informal opportunity to	50869
resolve any dispute during that fifteen-day or extended period.	50870

(2)(4) In the case of a proposed action under division	50871
(C)(2), (3), (4), (5), or (7) of this section, forty-fivethe	50872
responsible entity shall have thirty calendar days after the	50873
department mails the notice to the responsible entity to send a	50874
written request to the department for an administrative review.	50875
The administrative review shall be limited solely to the issue of	50876
the amount the responsible entity shall share with the department,	50877
reimburse the department, or pay to the federal government or	50878
another entity under division (C)(2) of this section. TheIf it	50879
receives such a request within the required time, the department	50880
shall postpone taking action under division (C)(2), (3), (4), (5),	50881
or (7) of this section for thirty calendar days following the day	50882
it receives the request or extended period of time provided for in	50883
division (D)(5) of this section to allow a representative of the	50884
department and a representative of the responsible entity shall	50885
attemptan informal opportunity to resolve any dispute within	50886
sixty daysduring that thirty-day or extended period.	50887

(3) In the case of a proposed action under division (C)(3) or	50888
(4) of this section, forty-five days after the department mails	50889
the notice to the responsible entity. The department and	50890
responsible entity shall attempt to resolve any dispute within	50891
sixty days.	50892

If the department and responsible entity fail to resolve any	50893
dispute within the required time, the department shall conduct a	50894
hearing in accordance with Chapter 119. of the Revised Code,	50895
except that the department, notwithstanding section 119.07 of the	50896
Revised Code, is not required to schedule the hearing within	50897
fifteen days of the responsible entity's request.	50898

(E)(5) If the informal opportunity provided in division	50899
(D)(3) or (4) of this section does not result in a written	50900
resolution to the dispute within the fifteen- or thirty-day	50901
period, the director of job and family services and representative	50902
of the responsible entity may enter into a written agreement	50903
extending the time period for attempting an informal resolution of	50904
the dispute under division (D)(3) or (4) of this section.	50905

(6) In the case of a proposed action under division (C)(3) of	50906
this section, the responsible entity may not include in its	50907
request disputes over a finding, final disallowance of federal	50908
financial participation, or other sanction or penalty issued by	50909
the federal government, auditor of state, or entity other than the	50910
department.	50911

(7) If the responsible entity fails to request an	50912
administrative review within the required time, the responsible	50913
entity loses the right to request an administrative review of the	50914
proposed actions specified in the notice and the notice becomes	50915
final and binding on the responsible entity.	50916

(8) If the informal opportunity provided in division (D)(3)	50917
or (4) of this section does not result in a written resolution to	50918
the dispute within the time provided by division (D)(3), (4), or	50919
(5) of this section, the director shall appoint an administrative	50920
review panel to conduct the administrative review. The review	50921
panel shall consist of department employees and one director or	50922
other representative of the type of county family services agency	50923
that is responsible for the kind of family services duty that is	50924
the subject of the dispute and serves a different county than the	50925
county served by the responsible entity. No individual involved in	50926
the department's proposal to take action against the responsible	50927
entity may serve on the review panel. The review panel shall	50928
review the responsible entity's request. The review panel may	50929
require that the department or responsible entity submit	50930
additional information and schedule and conduct an informal	50931
hearing to obtain testimony or additional evidence. A review of a	50932
proposal to take action under division (C)(3) of this section	50933
shall be limited solely to the issue of the amount the responsible	50934
entity shall share with the department, reimburse the department,	50935
or pay to the federal government, department, or other entity	50936
under division (C)(3) of this section. The review panel is not	50937
required to make a stenographic record of its hearing or other	50938
proceedings.	50939

(9) After finishing an administrative review, an	50940
administrative review panel appointed under division (D)(8) of	50941
this section shall submit a written report to the director setting	50942
forth its findings of fact, conclusions of law, and	50943
recommendations for action. The director may approve, modify, or	50944
disapprove the recommendations. If the director modifies or	50945
disapproves the recommendations, the director shall state the	50946
reasons for the modification or disapproval and the actions to be	50947
taken against the responsible entity.	50948

(10) The director's approval, modification, or disapproval	50949
under division (D)(9) of this section shall be final and binding	50950
on the responsible entity and shall not be subject to further	50951
departmental review.	50952

(E) The responsible entity is not entitled to an	50953
administrative review under division (D) of this section for any	50954
of the following:	50955

(1) An action taken under division (C)(6) of this section;

50956

(2) An action taken under section 5101.242 of the Revised	50957
Code;	50958

(3) An action taken under division (C)(3) of this section if	50959
the federal government, auditor of state, or entity other than the	50960
department has identified the county family services agency as	50961
being solely or partially responsible for an adverse audit	50962
finding, adverse quality control finding, final disallowance of	50963
federal financial participation, or other sanction or penalty;	50964

(4) An adjustment to an allocation, cash draw, advance, or	50965
reimbursement to a county family services agency that the	50966
department determines necessary for budgetary reasons;	50967

(5) Withholding of a cash draw or reimbursement due to	50968
noncompliance with a reporting requirement established in rules	50969
adopted under section 5101.243 of the Revised Code.	50970

(F) This section does not apply to other actions the	50971
department takes against the responsible entity pursuant to	50972
authority granted by another state law unless the other state law	50973
requires the department to take the action in accordance with this	50974
section.	50975

(G) The director of job and family services may adopt rules	50976
in accordance with Chapter 119. of the Revised Code as necessary	50977
to implement this section.	50978

Sec. 5101.241.  (A) As used in this section:

50979

(1) "Local area" and "chief elected official" have the same	50980
meaning as in section 5101.20 of the Revised Code.	50981

(2) "Responsible entity" means the chief elected officials of	50982
a local area.	50983

(B) The department of job and family services may take action	50984
under division (C) of this section against the responsible entity,	50985
regardless of who performs the workforce development activity, if	50986
the department determines any of the following are the case:	50987

(1) A requirement of a grant agreement entered into under	50988
section 5101.20 of the Revised Code that includes the workforce	50989
development activity, including a requirement for grant agreements	50990
established by rules adopted under that section, is not complied	50991
with;	50992

(2) A performance standard for the workforce development	50993
activity established by the federal government or the department	50994
is not met;	50995

(3) A requirement for the workforce development activity	50996
established by the department or any of the following is not	50997
complied with: a federal or state law, state plan for receipt of	50998
federal financial participation, grant agreement between the	50999
department and a federal agency, or executive order;	51000

(4) The responsible entity is solely or partially	51001
responsible, as determined by the director of job and family	51002
services, for an adverse audit finding, adverse quality control	51003
finding, final disallowance of federal financial participation, or	51004
other sanction or penalty regarding the workforce development	51005
activity.	51006

(C) The department may take one or more of the following	51007
actions against the responsible entity when authorized by division	51008
(B)(1), (2), (3), or (4) of this section:	51009

(1) Require the responsible entity to submit to and comply	51010
with a corrective action plan, established or approved by the	51011
department, pursuant to a time schedule specified by the	51012
department;	51013

(2) Require the responsible entity to do one of the	51014
following:	51015

(a) Share with the department a final disallowance of federal	51016
financial participation or other sanction or penalty;	51017

(b) Reimburse the department the amount the department pays	51018
to the federal government or another entity that represents the	51019
amount the responsible entity is responsible for of an adverse	51020
audit finding, adverse quality control finding, final disallowance	51021
of federal financial participation, or other sanction or penalty	51022
issued by the federal government, auditor of state, or other	51023
entity;	51024

(c) Pay the federal government or another entity the amount	51025
that represents the amount the responsible entity is responsible	51026
for of an adverse audit finding, adverse quality control finding,	51027
final disallowance of federal financial participation, or other	51028
sanction or penalty issued by the federal government, auditor of	51029
state, or other entity;	51030

(d) Pay the department the amount that represents the amount	51031
the responsible entity is responsible for of an adverse audit	51032
finding, adverse quality control finding, or other sanction or	51033
penalty issued by the department.	51034

(3) Impose a financial or administrative sanction or adverse	51035
audit finding issued by the department against the responsible	51036
entity, which may be increased with each subsequent action taken	51037
against the responsible entity.	51038

(4) Perform or contract with a government or private entity	51039
for the entity to perform the workforce development activity until	51040
the department is satisfied that the responsible entity ensures	51041
that the activity will be performed to the department's	51042
satisfaction. If the department performs or contracts with an	51043
entity to perform the workforce development activity under	51044
division (C)(4) of this section, the department may withhold funds	51045
allocated to or reimbursements due to the responsible entity for	51046
the activity and use those funds to implement division (C)(4) of	51047
this section.	51048

(5) Request the attorney general to bring mandamus	51049
proceedings to compel the responsible entity to take or cease the	51050
actions listed in division (B) of this section. The attorney	51051
general shall bring any mandamus proceedings in the Franklin	51052
county court of appeals at the department's request.	51053

(6) If the department takes action under this division	51054
because of division (B)(3) of this section, withhold funds	51055
allocated or reimbursement due to the responsible entity until the	51056
department determines that the responsible entity is in compliance	51057
with the requirement. The department shall release the funds when	51058
the department determines that compliance has been achieved.	51059

(D) The department shall notify the responsible entity and	51060
the appropriate county auditor when the department proposes to	51061
take action under division (C) of this section. The notice shall	51062
be in writing and specify the action the department proposes to	51063
take. The department shall send the notice by regular United	51064
States mail. Except as provided in division (E) of this section,	51065
the responsible entity may request an administrative review of a	51066
proposed action in accordance with administrative review	51067
procedures the department shall establish. The administrative	51068
review procedures shall comply with all of the following:	51069

(1) A request for an administrative review shall state	51070
specifically all of the following:	51071

(a) The proposed action specified in the notice from the	51072
department for which the review is requested;	51073

(b) The reason why the responsible entity believes the	51074
proposed action is inappropriate;	51075

(c) All facts and legal arguments that the responsible entity	51076
wants the department to consider;	51077

(d) The name of the person who will serve as the responsible	51078
entity's representative in the review.	51079

(2) If the department's notice specifies more than one	51080
proposed action and the responsible entity does not specify all of	51081
the proposed actions in its request pursuant to division (D)(1)(a)	51082
of this section, the proposed actions not specified in the request	51083
shall not be subject to administrative review and the parts of the	51084
notice regarding those proposed actions shall be final and binding	51085
on the responsible entity.	51086

(3) In the case of a proposed action under division (C)(1) of	51087
this section, the responsible entity shall have fifteen calendar	51088
days after the department mails the notice to the responsible	51089
entity to send a written request to the department for an	51090
administrative review. If it receives such a request within the	51091
required time, the department shall postpone taking action under	51092
division (C)(1) of this section for fifteen calendar days	51093
following the day it receives the request to allow a	51094
representative of the department and a representative of the	51095
responsible entity an informal opportunity to resolve any dispute	51096
during that fifteen-day period.	51097

(4) In the case of a proposed action under division (C)(2),	51098
(3), or (4) of this section, the responsible entity shall have	51099
thirty calendar days after the department mails the notice to the	51100
responsible entity to send a written request to the department for	51101
an administrative review. If it receives such a request within the	51102
required time, the department shall postpone taking action under	51103
division (C)(2), (3), or (4) of this section for thirty calendar	51104
days following the day it receives the request to allow a	51105
representative of the department and a representative of the	51106
responsible entity an informal opportunity to resolve any dispute	51107
during that thirty-day period.	51108

(5) In the case of a proposed action under division (C)(2) of	51109
this section, the responsible entity may not include in its	51110
request disputes over a finding, final disallowance of federal	51111
financial participation, or other sanction or penalty issued by	51112
the federal government, auditor of state, or other entity other	51113
than the department.	51114

(6) If the responsible entity fails to request an	51115
administrative review within the required time, the responsible	51116
entity loses the right to request an administrative review of the	51117
proposed actions specified in the notice and the notice becomes	51118
final and binding on the responsible entity.	51119

(7) If the informal opportunity provided in division (D)(3)	51120
or (4) of this section does not result in a written resolution to	51121
the dispute, the director of job and family services shall appoint	51122
an administrative review panel to conduct the administrative	51123
review. The review panel shall consist of department employees who	51124
are not involved in the department's proposal to take action	51125
against the responsible entity. The review panel shall review the	51126
responsible entity's request. The review panel may require that	51127
the department or responsible entity submit additional information	51128
and schedule and conduct an informal hearing to obtain testimony	51129
or additional evidence. A review of a proposal to take action	51130
under division (C)(2) of this section shall be limited solely to	51131
the issue of the amount the responsible entity shall share with	51132
the department, reimburse the department, or pay to the federal	51133
government, department, or other entity under division (C)(2) of	51134
this section. The review panel is not required to make a	51135
stenographic record of its hearing or other proceedings.	51136

(8) After finishing an administrative review, an	51137
administrative review panel appointed under division (D)(7) of	51138
this section shall submit a written report to the director setting	51139
forth its findings of fact, conclusions of law, and	51140
recommendations for action. The director may approve, modify, or	51141
disapprove the recommendations. If the director modifies or	51142
disapproves the recommendations, the director shall state the	51143
reasons for the modification or disapproval and the actions to be	51144
taken against the responsible entity.	51145

(9) The director's approval, modification, or disapproval	51146
under division (D)(8) of this section shall be final and binding	51147
on the responsible entity and shall not be subject to further	51148
departmental review.	51149

(E) The responsible entity is not entitled to an	51150
administrative review under division (D) of this section for any	51151
of the following:	51152

(1) An action taken under division (C)(5) or (6) of this	51153
section;	51154

(2) An action taken under section 5101.242 of the Revised	51155
Code;	51156

(3) An action taken under division (C)(2) of this section if	51157
the federal government, auditor of state, or entity other than the	51158
department has identified the responsible entity as being solely	51159
or partially responsible for an adverse audit finding, adverse	51160
quality control finding, final disallowance of federal financial	51161
participation, or other sanction or penalty;	51162

(4) An adjustment to an allocation, cash draw, advance, or	51163
reimbursement to the responsible entity's local area that the	51164
department determines necessary for budgetary reasons;	51165

(5) Withholding of a cash draw or reimbursement due to	51166
noncompliance with a reporting requirement established in rules	51167
adopted under section 5101.243 of the Revised Code.	51168

(F) This section does not apply to other actions the	51169
department takes against the responsible entity pursuant to	51170
authority granted by another state law unless the other state law	51171
requires the department to take the action in accordance with this	51172
section.	51173

(G) The director of job and family services may adopt rules	51174
in accordance with Chapter 119. of the Revised Code as necessary	51175
to implement this section.	51176

Sec. 5101.242.  The department of job and family services may	51177
certify a claim to the attorney general under section 131.02 of	51178
the Revised Code for the attorney general to take action under	51179
that section against a responsible entity to recover any funds	51180
that the department determines the responsible entity owes the	51181
department for actions taken under division (C)(2), (3), (4), or	51182
(5) of section 5101.24 or 5101.241 of the Revised Code.	51183

Sec. 5101.243.  The director of job and family services may	51184
adopt rules in accordance with section 111.15 of the Revised Code	51185
establishing reporting requirements for family services duties and	51186
workforce development activities. If the director adopts the	51187
rules, the director shall adopt the rules as if they were internal	51188
management rules and, before adopting the rules, give the public	51189
an opportunity to review and comment on the proposed rules.	51190

Sec. 5101.26.  As used in this section and in sections	51191
5101.27 to 5101.30 of the Revised Code:	51192

(A) "County agency" means a county department of job and	51193
family services or a public children services agency.	51194

(B) "Fugitive felon" means an individual who is fleeing to	51195
avoid prosecution, or custody or confinement after conviction,	51196
under the laws of the place from which the individual is fleeing,	51197
for a crime or an attempt to commit a crime that is a felony under	51198
the laws of the place from which the individual is fleeing or, in	51199
the case of New Jersey, a high misdemeanor, regardless of whether	51200
the individual has departed from the individual's usual place of	51201
residence.	51202

(C) "Information" means records as defined in section 149.011	51203
of the Revised Code, any other documents in any format, and data	51204
derived from records and documents that are generated, acquired,	51205
or maintained by the department of job and family services, a	51206
county agency, or an entity performing duties on behalf of the	51207
department or a county agency.	51208

(D) "Law enforcement agency" means the state highway patrol,	51209
an agency that employs peace officers as defined in section 109.71	51210
of the Revised Code, the adult parole authority, a county	51211
department of probation, a prosecuting attorney, the attorney	51212
general, similar agencies of other states, federal law enforcement	51213
agencies, and postal inspectors. "Law enforcement agency" includes	51214
the peace officers and other law enforcement officers employed by	51215
the agency.	51216

(E) "Medical assistance provided under a public assistance	51217
program" means medical assistance provided under the programs	51218
established under sections 5101.49, 5101.50 to 5101.503, and	51219
5101.51 to 5101.5110, Chapters 5111. and 5115., or any other	51220
provision of the Revised Code.	51221

(F) "Public assistance" means financial assistance, medical	51222
assistance, or social services provided under a program	51223
administered by the department of job and family services or a	51224
county agency pursuant to Chapter 329., 5101., 5104., 5107.,	51225
5108., 5111., or 5115. of the Revised Code or an executive order	51226
issued under section 107.17 of the Revised Code.	51227

(F)(G) "Public assistance recipient" means an applicant for	51228
or recipient or former recipient of public assistance.	51229

Sec. 5101.27.  (A) Except as permitted by this section,	51230
section 5101.28 or 5101.29 of the Revised Code, or the rules	51231
adopted under division (A) of section 5101.30 of the Revised Code,	51232
or required by federal law, no person or government entity shall	51233
solicit, disclose, receive, use, or knowingly permit, or	51234
participate in the use of any information regarding a public	51235
assistance recipient for any purpose not directly connected with	51236
the administration of a public assistance program.	51237

(B)(1) To the extent permitted by federal law, the department	51238
of job and family services and county agencies shall releasedo	51239
both of the following:	51240

(1) Release information regarding a public assistance	51241
recipient for purposes directly connected to the administration of	51242
the program to a government entity responsible for administering a	51243
that public assistance program or any other state, federal, or	51244
federally assisted program that provides cash or in-kind	51245
assistance or services directly to individuals based on need or	51246
for the purpose of protecting children to a government entity	51247
responsible for administering a children's protective services	51248
program.;	51249

(2) To the extent permitted by federal law, the department	51250
and county agencies shall provideProvide information regarding a	51251
public assistance recipient to a law enforcement agency for the	51252
purpose of any investigation, prosecution, or criminal or civil	51253
proceeding relating to the administration of athat public	51254
assistance program.	51255

(C) To the extent permitted by federal law and section	51256
1347.08 of the Revised Code, the department and county agencies	51257
shall provide access to information regarding a public assistance	51258
recipient to all of the following:	51259

(1) The recipient;

51260

(2) The authorized representative, as defined in rules	51261
adopted under section 5101.30 of the Revised Code, of the	51262
recipient;	51263

(3) The parent orlegal guardian of the recipient;

51264

(4) The attorney of the recipient, if the attorney has	51265
written authorization that complies with section 5101.271 of the	51266
Revised Code from the recipient.	51267

(D) To the extent permitted by federal law and subject to	51268
division (E) of this section, the department and county agencies	51269
may releasedo both of the following:	51270

(1) Release information about a public assistance recipient	51271
if the recipient gives voluntary, written consent that	51272
specifically identifies the persons or government entities to	51273
which the information may be released.	51274

Theauthorization that complies with section 5101.271 of the	51275
Revised Code;	51276

(2) Release information regarding a public assistance	51277
recipient to a state, federal, or federally assisted program that	51278
provides cash or in-kind assistance or services directly to	51279
individuals based on need or for the purpose of protecting	51280
children to a government entity responsible for administering a	51281
children's protective services program.	51282

(E) Except when the release is required by division (B), (C),	51283
or (D)(2) of this section, the department or county agency shall	51284
release the information only to the persons or government entities	51285
specified in the document evidencing consent. Consent may be	51286
time-limited or ongoing, at the discretion of the individual	51287
giving it, and may be rescinded at any time; however, an	51288
individual cannot rescind consent retroactively. The document	51289
evidencing consent must state that consent may be rescindedin	51290
accordance with the authorization. The department or county agency	51291
shall provide, at no cost, a copy of each written authorization to	51292
the individual who signed it.	51293

(F) The department or a county agency may release information	51294
under this division (D) of this section concerning athe receipt	51295
of medical assistance provided under Chapter 5111. of the Revised	51296
Codea public assistance program only if bothall of the following	51297
conditions are the casemet:	51298

(1) The release of information is for purposes directly	51299
connected to the administration of programs created under Chapter	51300
5111. of the Revised Code or servicesprovision of medical	51301
assistance provided under programs created under that chaptera	51302
public assistance program;	51303

(2) The information is released to persons or government	51304
entities that are subject to standards of confidentiality and	51305
safeguarding information substantially comparable to those	51306
established for programs created under Chapter 5111. of the	51307
Revised Codemedical assistance provided under a public assistance	51308
program;	51309

(3) The department or county agency has obtained an	51310
authorization consistent with section 5101.271 of the Revised	51311
Code.	51312

(G) Information concerning the receipt of medical assistance	51313
provided under a public assistance program may be released only if	51314
the release complies with this section and rules adopted by the	51315
department pursuant to section 5101.30 of the Revised Code or, if	51316
more restrictive, the Health Insurance Portability and	51317
Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1955,	51318
42 U.S.C. 1320d, et seq., as amended, and regulations adopted by	51319
the United States department of health and human services to	51320
implement the act.	51321

(H) The department of job and family services may adopt rules	51322
defining "authorized representative" for purposes of division	51323
(C)(2) of this section.	51324

Sec. 5101.271. (A) For the purposes of section 5101.27 of the	51325
Revised Code, an authorization shall be made on a form that uses	51326
language understandable to the average person and contains all of	51327
the following:	51328

(1) A description of the information to be used or disclosed	51329
that identifies the information in a specific and meaningful	51330
fashion;	51331

(2) The name or other specific identification of the person	51332
or class of persons authorized to make the requested use or	51333
disclosure;	51334

(3) The name or other specific identification of the person	51335
or governmental entity to which the information may be released;	51336

(4) A description of each purpose of the requested use or	51337
disclosure of the information;	51338

(5) The date on which the authorization expires or an event	51339
related either to the individual who is the subject of the request	51340
or to the purposes of the requested use or disclosure, the	51341
occurrence of which will cause the authorization to expire;	51342

(6) A statement that the information used or disclosed	51343
pursuant to the authorization may be disclosed by the recipient of	51344
the information and may no longer be protected from disclosure;	51345

(7) The signature of the individual or the individual's	51346
authorized representative and the date on which the authorization	51347
was signed;	51348

(8) If signed by an authorized representative, a description	51349
of the representative's authority to act for the individual;	51350

(9) A statement of the individual or authorized	51351
representative's right to prospectively revoke the written	51352
authorization in writing, along with one of the following:	51353

(a) A description of how the individual or authorized	51354
representative may revoke the authorization;	51355

(b) If the department of job and family services' privacy	51356
notice contains a description of how the individual or authorized	51357
representative may revoke the authorization, a reference to that	51358
privacy notice.	51359

(10) A statement that treatment, payment, enrollment, or	51360
eligibility for public assistance cannot be conditioned on signing	51361
the authorization unless the authorization is necessary for	51362
determining eligibility for the public assistance program.	51363

(B) When an individual requests information pursuant to	51364
section 5101.27 of the Revised Code regarding the individual's	51365
receipt of public assistance and does not wish to provide a	51366
statement of purpose, the statement "at request of the individual"	51367
is a sufficient description for purposes of division (A)(4) of	51368
this section.	51369

Sec. 5101.28.  (A) The department of job and family services	51370
shall enter into written agreements with law enforcement agencies	51371
to exchange, obtain, or share(1) On request of the department of	51372
job and family services or a county agency, a law enforcement	51373
agency shall provide information regarding public assistance	51374
recipients to enable the department,or county agencies, and law	51375
enforcement agenciesagency to determine, for eligibility	51376
purposes, whether a recipient or a member of a recipient's	51377
assistance group is either of the following:	51378

(1) Aa fugitive felon;

51379

(2) Violatingfelon or violating a condition of probation, a	51380
community control sanction, parole, or a post-release control	51381
sanction imposed under state or federal law.	51382

(2) A county agency may enter into a written agreement with a	51383
local law enforcement agency establishing procedures concerning	51384
access to information and providing for compliance with division	51385
(F) of this section.	51386

(B) TheTo the extent permitted by federal law, the	51387
department and county agencies shall provide information, except	51388
information directly related to the receipt of medical assistance	51389
or medical services, regarding recipients of public assistance	51390
under a program administered by the state department or a county	51391
agency pursuant to Chapter 5107., 5108., or 5115. of the Revised	51392
Code to law enforcement agencies on request for the purposes of	51393
investigations, prosecutions, and criminal and civil proceedings	51394
that are within the scope of the law enforcement agencies'	51395
official duties.	51396

(C) Information about a recipient shall be exchanged,	51397
obtained, or shared only if the department, county agency, or law	51398
enforcement agency requesting the information gives sufficient	51399
information to specifically identify the recipient. In addition to	51400
the recipient's name, identifying information may include the	51401
recipient's current or last known address, social security number,	51402
other identifying number, age, gender, physical characteristics,	51403
any information specified in an agreement entered into under	51404
division (A) of this section, or any information considered	51405
appropriate by the department or agency.	51406

(D)(1) The department and its officers and employees are not	51407
liable in damages in a civil action for any injury, death, or loss	51408
to person or property that allegedly arises from the release of	51409
information in accordance with divisions (A), (B), and (C) of this	51410
section. This section does not affect any immunity or defense that	51411
the department and its officers and employees may be entitled to	51412
under another section of the Revised Code or the common law of	51413
this state, including section 9.86 of the Revised Code.	51414

(2) The county agencies and their employees are not liable in	51415
damages in a civil action for any injury, death, or loss to person	51416
or property that allegedly arises from the release of information	51417
in accordance with divisions (A), (B), and (C) of this section.	51418
"Employee" has the same meaning as in division (B) of section	51419
2744.01 of the Revised Code. This section does not affect any	51420
immunity or defense that the county agencies and their employees	51421
may be entitled to under another section of the Revised Code or	51422
the common law of this state, including section 2744.02 and	51423
division (A)(6) of section 2744.03 of the Revised Code.	51424

(E) To the extent permitted by federal law, the department	51425
and county agencies shall provide access to information to the	51426
auditor of state acting pursuant to Chapter 117. or sections	51427
5101.181 and 5101.182 of the Revised Code and to any other	51428
government entity authorized by or federal law to conduct an audit	51429
of or similar activity involving a public assistance program.	51430

(F) The auditor of state shall prepare an annual report on	51431
the outcome of the agreements required under division (A) of this	51432
section. The report shall include the number of fugitive felons	51433
and probation and parole violators apprehended during the	51434
immediately preceding year as a result of the exchange of	51435
information pursuant to that division. The auditor of state shall	51436
file the report with the governor, the president and minority	51437
leader of the senate, and the speaker and minority leader of the	51438
house of representatives. The state department, county agencies,	51439
and law enforcement agencies shall cooperate with the auditor of	51440
state's office in gathering the information required under this	51441
division.	51442

(G) To the extent permitted by federal law, the department of	51443
job and family services, county departments of job and family	51444
services, and employees of the departments may report to a public	51445
children services agency or other appropriate agency information	51446
on known or suspected physical or mental injury, sexual abuse or	51447
exploitation, or negligent treatment or maltreatment, of a child	51448
receiving public assistance, if circumstances indicate that the	51449
child's health or welfare is threatened.	51450

Sec. 5101.35.  (A) As used in this section:

51451

(1) "Agency" means the following entities that administer a	51452
family services program:	51453

(a) The department of job and family services;

51454

(b) A county department of job and family services;

51455

(c) A public children services agency;

51456

(d) A private or government entity administering, in whole or	51457
in part, a family services program for or on behalf of the	51458
department of job and family services or a county department of	51459
job and family services or public children services agency.	51460

(2) "Appellant" means an applicant, participant, former	51461
participant, recipient, or former recipient of a family services	51462
program who is entitled by federal or state law to a hearing	51463
regarding a decision or order of the agency that administers the	51464
program.	51465

(3) "Family services program" means assistance provided under	51466
a Title IV-A program as defined in section 5101.80 of the Revised	51467
Code or under Chapter 5104., 5111., or 5115. or section 173.35,	51468
5101.141, 5101.46, 5101.54, 5153.163, or 5153.165 of the Revised	51469
Code, other than assistance provided under section 5101.46 of the	51470
Revised Code by the department of mental health, the department of	51471
mental retardation and developmental disabilities, a board of	51472
alcohol, drug addiction, and mental health services, or a county	51473
board of mental retardation and developmental disabilities.	51474

(B) Except as provided in by division (G) of this section, an	51475
appellant who appeals under federal or state law a decision or	51476
order of an agency administering a family services program shall,	51477
at the appellant's request, be granted a state hearing by the	51478
department of job and family services. This state hearing shall be	51479
conducted in accordance with rules adopted under this section. The	51480
state hearing shall be tape-recorded, but neither the recording	51481
nor a transcript of the recording shall be part of the official	51482
record of the proceeding. A state hearing decision is binding upon	51483
the agency and department, unless it is reversed or modified on	51484
appeal to the director of job and family services or a court of	51485
common pleas.	51486

(C) Except as provided by division (G) of this section, an	51487
appellant who disagrees with a state hearing decision may make an	51488
administrative appeal to the director of job and family services	51489
in accordance with rules adopted under this section. This	51490
administrative appeal does not require a hearing, but the director	51491
or the director's designee shall review the state hearing decision	51492
and previous administrative action and may affirm, modify, remand,	51493
or reverse the state hearing decision. Any person designated to	51494
make an administrative appeal decision on behalf of the director	51495
shall have been admitted to the practice of law in this state. An	51496
administrative appeal decision is the final decision of the	51497
department and is binding upon the department and agency, unless	51498
it is reversed or modified on appeal to the court of common pleas.	51499

(D) An agency shall comply with a decision issued pursuant to	51500
division (B) or (C) of this section within the time limits	51501
established by rules adopted under this section. If a county	51502
department of job and family services or a public children	51503
services agency fails to comply within these time limits, the	51504
department may take action pursuant to section 5101.24 of the	51505
Revised Code. If another agency fails to comply within the time	51506
limits, the department may force compliance by withholding funds	51507
due the agency or imposing another sanction established by rules	51508
adopted under this section.	51509

(E) An appellant who disagrees with an administrative appeal	51510
decision of the director of job and family services or the	51511
director's designee issued under division (C) of this section may	51512
appeal from the decision to the court of common pleas pursuant to	51513
section 119.12 of the Revised Code. The appeal shall be governed	51514
by section 119.12 of the Revised Code except that:	51515

(1) The person may appeal to the court of common pleas of the	51516
county in which the person resides, or to the court of common	51517
pleas of Franklin county if the person does not reside in this	51518
state.	51519

(2) The person may apply to the court for designation as an	51520
indigent and, if the court grants this application, the appellant	51521
shall not be required to furnish the costs of the appeal.	51522

(3) The appellant shall mail the notice of appeal to the	51523
department of job and family services and file notice of appeal	51524
with the court within thirty days after the department mails the	51525
administrative appeal decision to the appellant. For good cause	51526
shown, the court may extend the time for mailing and filing notice	51527
of appeal, but such time shall not exceed six months from the date	51528
the department mails the administrative appeal decision. Filing	51529
notice of appeal with the court shall be the only act necessary to	51530
vest jurisdiction in the court.	51531

(4) The department shall be required to file a transcript of	51532
the testimony of the state hearing with the court only if the	51533
court orders the department to file the transcript. The court	51534
shall make such an order only if it finds that the department and	51535
the appellant are unable to stipulate to the facts of the case and	51536
that the transcript is essential to a determination of the appeal.	51537
The department shall file the transcript not later than thirty	51538
days after the day such an order is issued.	51539

(5) Section 119.092 of the Revised Code does not apply to the	51540
appeal.	51541

(F) The department of job and family services shall adopt	51542
rules in accordance with Chapter 119. of the Revised Code to	51543
implement this section, including rules governing the following:	51544

(1) State hearings under division (B) of this section. The	51545
rules shall include provisions regarding notice of eligibility	51546
termination and the opportunity of an appellant appealing a	51547
decision or order of a county department of job and family	51548
services to request a county conference with the county department	51549
before the state hearing is held.	51550

(2) Administrative appeals under division (C) of this	51551
section;	51552

(3) Time limits for complying with a decision issued under	51553
division (B) or (C) of this section;	51554

(4) Sanctions that may be applied against an agency under	51555
division (D) of this section.	51556

(G) The department of job and family services may adopt rules	51557
in accordance with Chapter 119. of the Revised Code establishing	51558
inan appeals process for an appellant who appeals a decision or	51559
order regarding a Title IV-A program identified under division	51560
(A)(3)(c) or (d) of section 5101.80 of the Revised Code that is	51561
different from the appeals process established by this section.	51562
The different appeals process may include having a state agency	51563
that administers the Title IV-A program pursuant to an interagency	51564
agreement entered into under section 5101.801 of the Revised Code	51565
administer the appeals process.	51566

(H) The requirements of Chapter 119. of the Revised Code	51567
apply to a state hearing or administrative appeal under this	51568
section only to the extent, if any, specifically provided by rules	51569
adopted under this section.	51570

Sec. 5101.36.  Any application for public assistance gives a	51571
right of subrogation to the department of job and family services	51572
for any workers' compensation benefits payable to a person who is	51573
subject to a support order, as defined in section 3119.01 of the	51574
Revised Code, on behalf of the applicant, to the extent of any	51575
public assistance payments made on the applicant's behalf. If the	51576
director of job and family services, in consultation with a child	51577
support enforcement agency and the administrator of the bureau of	51578
workers' compensation, determines that a person responsible for	51579
support payments to a recipient of public assistance is receiving	51580
workers' compensation, the director shall notify the administrator	51581
of the amount of the benefit to be paid to the department of job	51582
and family services.	51583

For purposes of this section, "public assistance" means	51584
medical assistance provided through the medical assistance program	51585
established under section 5111.01 of the Revised Code; Ohio works	51586
first provided under Chapter 5107. of the Revised Code;	51587
prevention, retention, and contingency benefits and services	51588
provided under Chapter 5108. of the Revised Code; or disability	51589
financial assistance provided under Chapter 5115. of the Revised	51590
Code; or disability medical assistance provided under Chapter	51591
5115. of the Revised Code.	51592

Sec. 5101.58.  As used in this section and section 5101.59 of	51593
the Revised Code, "public assistance" means aid provided under	51594
Chapter 5111. or 5115. of the Revised Code and participation in	51595
the Ohio works first program established under Chapter 5107. of	51596
the Revised Code.	51597

The acceptance of public assistance gives a right of recovery	51598
to the department of job and family services and a county	51599
department of job and family services against the liability of a	51600
third party for the cost of medical services and care arising out	51601
of injury, disease, or disability of the public assistance	51602
recipient or participant. When an action or claim is brought	51603
against a third party by a public assistance recipient or	51604
participant, the entire amount of any settlement or compromise of	51605
the action or claim, or any court award or judgment, is subject to	51606
the recovery right of the department of job and family services or	51607
county department of job and family services. Except in the case	51608
of a recipient or participant who receives medical services or	51609
care through a managed care organization, the department's or	51610
county department's claim shall not exceed the amount of medical	51611
expenses paid by the departments on behalf of the recipient or	51612
participant. In the case of a recipient or participant who	51613
receives medical services or care through a managed care	51614
organization, the amount of the department's or county	51615
department's claim shall be the amount the managed care	51616
organization pays for medical services or care rendered to the	51617
recipient or participant, even if that amount is more than the	51618
amount the departments pay to the managed care organization for	51619
the recipient's or participant's medical services or care. Any	51620
settlement, compromise, judgment, or award that excludes the cost	51621
of medical services or care shall not preclude the departments	51622
from enforcing their rights under this section.	51623

Prior to initiating any recovery action, the recipient or	51624
participant, or the recipient's or participant's representative,	51625
shall disclose the identity of any third party against whom the	51626
recipient or participant has or may have a right of recovery.	51627
Disclosure shall be made to the department of job and family	51628
services when medical expenses have been paid pursuant to Chapter	51629
5111. or 5115. of the Revised Code. Disclosure shall be made to	51630
both the department of job and family services and the appropriate	51631
county department of job and family services when medical expenses	51632
have been paid pursuant to Chapter 5115. of the Revised Code. No	51633
settlement, compromise, judgment, or award or any recovery in any	51634
action or claim by a recipient or participant where the	51635
departments have a right of recovery shall be made final without	51636
first giving the appropriate departments notice and a reasonable	51637
opportunity to perfect their rights of recovery. If the	51638
departments are not given appropriate notice, the recipient or	51639
participant is liable to reimburse the departments for the	51640
recovery received to the extent of medical payments made by the	51641
departments. The departments shall be permitted to enforce their	51642
recovery rights against the third party even though they accepted	51643
prior payments in discharge of their rights under this section if,	51644
at the time the departments received such payments, they were not	51645
aware that additional medical expenses had been incurred but had	51646
not yet been paid by the departments. The third party becomes	51647
liable to the department of job and family services or county	51648
department of job and family services as soon as the third party	51649
is notified in writing of the valid claims for recovery under this	51650
section.	51651

The right of recovery does not apply to that portion of any	51652
judgment, award, settlement, or compromise of a claim, to the	51653
extent of attorneys' fees, costs, or other expenses incurred by a	51654
recipient or participant in securing the judgment, award,	51655
settlement, or compromise, or to the extent of medical, surgical,	51656
and hospital expenses paid by such recipient or participant from	51657
the recipient's or participant's own resources. Attorney fees and	51658
costs or other expenses in securing any recovery shall not be	51659
assessed against any claims of the departments.	51660

To enforce their recovery rights, the departments may do any	51661
of the following:	51662

(A) Intervene or join in any action or proceeding brought by	51663
the recipient or participant or on the recipient's or	51664
participant's behalf against any third party who may be liable for	51665
the cost of medical services and care arising out of the	51666
recipient's or participant's injury, disease, or disability;	51667

(B) Institute and pursue legal proceedings against any third	51668
party who may be liable for the cost of medical services and care	51669
arising out of the recipient's or participant's injury, disease,	51670
or disability;	51671

(C) Initiate legal proceedings in conjunction with the	51672
injured, diseased, or disabled recipient or participant or the	51673
recipient's or participant's legal representative.	51674

Recovery rights created by this section may be enforced	51675
separately or jointly by the department of job and family services	51676
and the county department of job and family services.	51677

The right of recovery given to the department under this	51678
section does not include rights to support from any other person	51679
assigned to the state under sections 5107.20 and 5115.135115.07	51680
of the Revised Code, but includes payments made by a third party	51681
under contract with a person having a duty to support.	51682

The director of job and family services may adopt rules in	51683
accordance with Chapter 119. of the Revised Code the department	51684
considers necessary to implement this section.	51685

Sec. 5101.59.  (A) The application for or acceptance of	51686
public assistance constitutes an automatic assignment of certain	51687
rights to the department of job and family services. This	51688
assignment includes the rights of the applicant, recipient, or	51689
participant and also the rights of any other member of the	51690
assistance group for whom the applicant, recipient, or participant	51691
can legally make an assignment.	51692

Pursuant to this section, the applicant, recipient, or	51693
participant assigns to the department any rights to medical	51694
support available to the applicant, recipient, or participant or	51695
for other members of the assistance group under an order of a	51696
court or administrative agency, and any rights to payments from	51697
any third party liable to pay for the cost of medical care and	51698
services arising out of injury, disease, or disability of the	51699
applicant, recipient, participant, or other members of the	51700
assistance group.	51701

Medicare benefits shall not be assigned pursuant to this	51702
section. Benefits assigned to the department by operation of this	51703
section are directly reimbursable to the department by liable	51704
third parties.	51705

(B) Refusal by the applicant, recipient, or participant to	51706
cooperate in obtaining medical support and payments for self or	51707
any other member of the assistance group renders the applicant,	51708
recipient, or participant ineligible for public assistance, unless	51709
cooperation is waived by the department. Eligibility shall	51710
continue for any individual who cannot legally assign the	51711
individual's own rights and who would have been eligible for	51712
public assistance but for the refusal to assign the individual's	51713
rights or to cooperate as required by this section by another	51714
person legally able to assign the individual's rights.	51715

If the applicant, recipient, or participant or any member of	51716
the assistance group becomes ineligible for public assistance, the	51717
department shall restore to the applicant, recipient, participant,	51718
or member of the assistance group any future rights to benefits	51719
assigned under this section.	51720

The rights of assignment given to the department under this	51721
section do not include rights to support assigned under section	51722
5107.20 or 5115.135115.07 of the Revised Code.	51723

(C) The director of job and family services may adopt rules	51724
in accordance with Chapter 119. of the Revised Code to implement	51725
this section, including rules that specify what constitutes	51726
cooperating with efforts to obtain medical support and payments	51727
and when the cooperation requirement may be waived.	51728

Sec. 5101.75.  (A) As used in sections 5101.75, 5101.751,	51729
5101.752, 5101.753, and 5101.754 of the Revised Code:	51730

(1) "Alternative source of long-term care" includes a	51731
residential care facility licensed under Chapter 3721. of the	51732
Revised Code, an adult care facility licensed under Chapter 3722.	51733
of the Revised Code, home and community-based services, and a	51734
nursing home licensed under Chapter 3721. of the Revised Code that	51735
is not a nursing facility.	51736

(2) "Medicaid" means the medical assistance program	51737
established under Chapter 5111. of the Revised Code.	51738

(3) "Nursing facility" has the same meaning as in section	51739
5111.20 of the Revised Code.	51740

(4) "Representative" means a person acting on behalf of an	51741
applicant for admission to a nursing facility. A representative	51742
may be a family member, attorney, hospital social worker, or any	51743
other person chosen to act on behalf of an applicant.	51744

(5) "Third-party payment source" means a third-party payer as	51745
defined in section 3901.38 of the Revised Code or medicaid.	51746

(B) Effective July 1, 1994, the department of job and family	51747
services may assess a person applying or intending to apply for	51748
admission to a nursing facility who is not an applicant for or	51749
recipient of medicaid to determine whether the person is in need	51750
of nursing facility services and whether an alternative source of	51751
long-term care is more appropriate for the person in meeting the	51752
person's physical, mental, and psychosocial needs than admission	51753
to the facility to which the person has applied.	51754

Each assessment shall be performed by the department or an	51755
agency designated by the department under section 5101.751 of the	51756
Revised Code and shall be based on information provided by the	51757
person or the person's representative. It shall consider the	51758
person's physical, mental, and psychosocial needs and the	51759
availability and effectiveness of informal support and care. The	51760
department or designated agency shall determine the person's	51761
physical, mental, and psychosocial needs by using, to the maximum	51762
extent appropriate, information from the resident assessment	51763
instrument specified in rules adopted by the department under	51764
division (A) of section 5111.231 of the Revised Code. The	51765
department or designated agency shall also use the criteria and	51766
procedures established in rules adopted by the department under	51767
division (I) of this section. Assessments may be performed only by	51768
persons certified by the department under section 5101.752 of the	51769
Revised Code. The department or designated agency shall make a	51770
recommendation on the basis of the assessment and, not later than	51771
the time the assessment is required to be performed under division	51772
(D) of this section, give the person assessed written notice of	51773
the recommendation, which shall explain the basis for the	51774
recommendation. If the department or designated agency determines	51775
pursuant to an assessment that an alternative source of long-term	51776
care is more appropriate for the person than admission to the	51777
facility to which the person has applied, the department or	51778
designated agency shall include in the notice possible sources of	51779
financial assistance for the alternative source of long-term care.	51780
If the department or designated agency has been informed that the	51781
person has a representative, it shall give the notice to the	51782
representative.	51783

(C) A person is not required to be assessed under division	51784
(B) of this section if any of the following apply:	51785

(1) The circumstances specified by rules adopted under	51786
division (I) of this section exist.	51787

(2) The person is to receive care in a nursing facility under	51788
a contract for continuing care as defined in section 173.13 of the	51789
Revised Code.	51790

(3) The person has a contractual right to admission to a	51791
nursing facility operated as part of a system of continuing care	51792
in conjunction with one or more facilities that provide a less	51793
intensive level of services, including a residential care facility	51794
licensed under Chapter 3721. of the Revised Code, an adult-care	51795
facility licensed under Chapter 3722. of the Revised Code, or an	51796
independent living arrangement;	51797

(4) The person is to receive continual care in a home for the	51798
aged exempt from taxation under section 5701.13 of the Revised	51799
Code;	51800

(5) The person is to receive care in the nursing facility for	51801
not more than fourteen days in order to provide temporary relief	51802
to the person's primary caregiver and the nursing facility	51803
notifies the department of the person's admittance not later than	51804
twenty-four hours after admitting the person;	51805

(6) The person is to be transferred from another nursing	51806
facility, unless the nursing facility from which or to which the	51807
person is to be transferred determines that the person's medical	51808
condition has changed substantially since the person's admission	51809
to the nursing facility from which the person is to be transferred	51810
or a review is required by a third-party payment source;	51811

(7) The person is to be readmitted to a nursing facility	51812
following a period of hospitalization, unless the hospital or	51813
nursing facility determines that the person's medical condition	51814
has changed substantially since the person's admission to the	51815
hospital, or a review is required by a third-party payment source;	51816

(8) The department or designated agency fails to complete an	51817
assessment within the time required by division (D) or (E) of this	51818
section or determines after a partial assessment that the person	51819
should be exempt from the assessment.	51820

(D) The department or designated agency shall perform a	51821
complete assessment, or, if circumstances provided by rules	51822
adopted under division (I) of this section exist, a partial	51823
assessment, as follows:	51824

(1) In the case of a hospitalized person applying or	51825
intending to apply to a nursing facility, not later than two	51826
working days after the person or the person's representative is	51827
notified that a bed is available in a nursing facility;	51828

(2) In the case of an emergency as determined in accordance	51829
with rules adopted under division (I) of this section, not later	51830
than one working day after the person or the person's	51831
representative is notified that a bed is available in a nursing	51832
facility;	51833

(3) In all other cases, not later than five calendar days	51834
after the person or the person's representative who submits the	51835
application is notified that a bed is available in a nursing	51836
facility.	51837

(E) If the department or designated agency conducts a partial	51838
assessment under division (D) of this section, it shall complete	51839
the rest of the assessment not later than one hundred eighty days	51840
after the date the person is admitted to the nursing facility	51841
unless the assessment entity determines the person should be	51842
exempt from the assessment.	51843

(F) A person assessed under this section or the person's	51844
representative may file a complaint with the department about the	51845
assessment process. The department shall work to resolve the	51846
complaint in accordance with rules adopted under division (I) of	51847
this section.	51848

(G) A person is not required to seek an alternative source of	51849
long-term care and may be admitted to or continue to reside in a	51850
nursing facility even though an alternative source of long-term	51851
care is available or the person is determined pursuant to an	51852
assessment under this section not to need nursing facility	51853
services.	51854

(H) No nursing facility withfor which an operator has a	51855
provider agreement with the department under section 5111.22 of	51856
the Revised Code shall admit or retain any person, other than a	51857
person exempt from the assessment requirement as provided by	51858
division (C) of this section, as a resident unless the nursing	51859
facility has received evidence that a complete or partial	51860
assessment has been completed.	51861

(I) The director of job and family services shall adopt rules	51862
in accordance with Chapter 119. of the Revised Code to implement	51863
and administer this section. The rules shall include all of the	51864
following:	51865

(1) The information a person being assessed or the person's	51866
representative must provide to enable the department or designated	51867
agency to do the assessment;	51868

(2) Criteria to be used to determine whether a person is in	51869
need of nursing facility services;	51870

(3) Criteria to be used to determine whether an alternative	51871
source of long-term care is appropriate for the person being	51872
assessed;	51873

(4) Criteria and procedures to be used to determine a	51874
person's physical, mental, and psychosocial needs;	51875

(5) Criteria to be used to determine the effectiveness and	51876
continued availability of a person's current source of informal	51877
support and care;	51878

(6) Circumstances, in addition to those specified in division	51879
(C) of this section, under which a person is not required to be	51880
assessed;	51881

(7) Circumstances under which the department or designated	51882
agency may perform a partial assessment under division (D) of this	51883
section;	51884

(8) The method by which a situation will be determined to be	51885
an emergency for the purpose of division (D)(2) of this section;	51886

(9) The method by which the department will attempt to	51887
resolve complaints filed under division (F) of this section.	51888

(J) The director of job and family services may fine a	51889
nursing facility an amount determined by rules the director shall	51890
adopt in accordance with Chapter 119. of the Revised Code in	51891
either of the following circumstances:	51892

(1) The nursing facility fails to notify the department	51893
within the required time about an admission described in division	51894
(C)(5) of this section;	51895

(2) The nursing facility admits, without evidence that a	51896
complete or partial assessment has been conducted, a person other	51897
than a person exempt from the assessment requirement as provided	51898
by division (C) of this section.	51899

The director shall deposit all fines collected under this	51900
division into the residents protection fund established by section	51901
5111.62 of the Revised Code.	51902

Sec. 5101.80. (A) As used in this section and in section	51903
5101.801 of the Revised Code:	51904

(1) "County family services agency" has the same meaning as	51905
in section 307.981 of the Revised Code.	51906

(2) "State agency" has the same meaning as in section 9.82 of	51907
the Revised Code.	51908

(3) "Title IV-A program" means all of the following that are	51909
funded in part with funds provided under the temporary assistance	51910
for needy families block grant established by Title IV-A of the	51911
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	51912
amended:	51913

(a) The Ohio works first program established under Chapter	51914
5107. of the Revised Code;	51915

(b) The prevention, retention, and contingency program	51916
established under Chapter 5108. of the Revised Code;	51917

(c) A program established by the general assembly or an	51918
executive order issued by the governor that is administered or	51919
supervised by the department of job and family services pursuant	51920
to section 5101.801 of the Revised Code;	51921

(d) A component of a Title IV-A program identified under	51922
divisions (A)(3)(a) to (c) of this section that the Title IV-A	51923
state plan prepared under division (C)(1) of this section	51924
identifies as a component.	51925

(B) The department of job and family services shall act as	51926
the single state agency to administer and supervise the	51927
administration of Title IV-A programs. The Title IV-A state plan	51928
and amendments to the plan prepared under division (C) of this	51929
section are binding on county family services agencies and state	51930
agencies that administer a Title IV-A program. No county family	51931
services agency or state agency administering a Title IV-A program	51932
may establish, by rule or otherwise, a policy governing the Title	51933
IV-A program that is inconsistent with a Title IV-A program policy	51934
established, in rule or otherwise, by the director of job and	51935
family services.	51936

(C) The department of job and family services shall do all of	51937
the following:	51938

(1) Prepare and submit to the United States secretary of	51939
health and human services a Title IV-A state plan for Title IV-A	51940
programs;	51941

(2) Prepare and submit to the United States secretary of	51942
health and human services amendments to the Title IV-A state plan	51943
that the department determines necessary, including amendments	51944
necessary to implement Title IV-A programs identified in division	51945
(A)(3)(c) and (d) of this section;	51946

(3) Prescribe forms for applications, certificates, reports,	51947
records, and accounts of county family services agencies and state	51948
agencies administering a Title IV-A program, and other matters	51949
related to Title IV-A programs;	51950

(4) Make such reports, in such form and containing such	51951
information as the department may find necessary to assure the	51952
correctness and verification of such reports, regarding Title IV-A	51953
programs;	51954

(5) Require reports and information from each county family	51955
services agency and state agency administering a Title IV-A	51956
program as may be necessary or advisable regarding the Title IV-A	51957
program;	51958

(6) Afford a fair hearing in accordance with section 5101.35	51959
of the Revised Code to any applicant for, or participant or former	51960
participant of, a Title IV-A program aggrieved by a decision	51961
regarding the program;	51962

(7) Administer and expend, pursuant to Chapters 5104., 5107.,	51963
and 5108. of the Revised Code and section 5101.801 of the Revised	51964
Code, any sums appropriated by the general assembly for the	51965
purpose of those chapters and section and all sums paid to the	51966
state by the secretary of the treasury of the United States as	51967
authorized by Title IV-A of the "Social Security Act," 110 Stat.	51968
2113 (1996), 42 U.S.C. 601, as amended;	51969

(8) Conduct investigations and audits as are necessary	51970
regarding Title IV-A programs;	51971

(9) Enter into reciprocal agreements with other states	51972
relative to the provision of Ohio works first and prevention,	51973
retention, and contingency to residents and nonresidents;	51974

(10) Contract with a private entity to conduct an independent	51975
on-going evaluation of the Ohio works first program and the	51976
prevention, retention, and contingency program. The contract must	51977
require the private entity to do all of the following:	51978

(a) Examine issues of process, practice, impact, and	51979
outcomes;	51980

(b) Study former participants of Ohio works first who have	51981
not participated in Ohio works first for at least one year to	51982
determine whether they are employed, the type of employment in	51983
which they are engaged, the amount of compensation they are	51984
receiving, whether their employer provides health insurance,	51985
whether and how often they have received benefits or services	51986
under the prevention, retention, and contingency program, and	51987
whether they are successfully self sufficient;	51988

(c) Provide the department with reports at times the	51989
department specifies.	51990

(11) Not later than January 1, 2001, and the first day of	51991
each January and July thereafter, prepare a report containing	51992
information on the following:	51993

(a) Individuals exhausting the time limits for participation	51994
in Ohio works first set forth in section 5107.18 of the Revised	51995
Code.	51996

(b) Individuals who have been exempted from the time limits	51997
set forth in section 5107.18 of the Revised Code and the reasons	51998
for the exemption.	51999

(12) Not later than January 1, 2001, and on a quarterly basis	52000
thereafter until December 1, 2003, prepare, to the extent the	52001
necessary data is available to the department, a report based on	52002
information determined under section 5107.80 of the Revised Code	52003
that states how many former Ohio works first participants entered	52004
the workforce during the most recent previous quarter for which	52005
the information is known and includes information regarding the	52006
earnings of those former participants. The report shall include a	52007
county-by-county breakdown and shall not contain the names or	52008
social security numbers of former participants.	52009

(13) To the extent authorized by section 5101.801 of the	52010
Revised Code, enter into interagency agreements with state	52011
agencies for the administration of Title IV-A programs identified	52012
under division (A)(3)(c) and (d) of this section.	52013

(D) The department shall provide copies of the reports it	52014
receives under division (C)(10) of this section and prepares under	52015
divisions (C)(11) and (12) of this section to the governor, the	52016
president and minority leader of the senate, and the speaker and	52017
minority leader of the house of representatives. The department	52018
shall provide copies of the reports to any private or government	52019
entity on request.	52020

(E) An authorized representative of the department or a	52021
county family services agency or state agency administering a	52022
Title IV-A program shall have access to all records and	52023
information bearing thereon for the purposes of investigations	52024
conducted pursuant to this section.	52025

Sec. 5101.83.  (A) As used in this section:

52026

(1) "Assistance group" has the same meaning as in sections	52027
section 5107.02 and 5108.01 of the Revised Code, except that it	52028
also means a group provided benefits and services under the	52029
prevention, retention, and contingency program because the members	52030
of the group share a common need for benefits and services.	52031

(2) "Fraudulent assistance" means assistance and service,	52032
including cash assistance, provided under the Ohio works first	52033
program established under Chapter 5107., or benefits and services	52034
provided under the prevention, retention, and contingency program	52035
established under Chapter 5108. of the Revised Code, to or on	52036
behalf of an assistance group that is provided as a result of	52037
fraud by a member of the assistance group, including an	52038
intentional violation of the program's requirements. "Fraudulent	52039
assistance" does not include assistance or services to or on	52040
behalf of an assistance group that is provided as a result of an	52041
error that is the fault of a county department of job and family	52042
services or the state department of job and family services.	52043

(B) If a county director of job and family services	52044
determines that an assistance group has received fraudulent	52045
assistance, the assistance group is ineligible to participate in	52046
the Ohio works first program or the prevention, retention, and	52047
contingency program until a member of the assistance group repays	52048
the cost of the fraudulent assistance. If a member repays the cost	52049
of the fraudulent assistance and the assistance group otherwise	52050
meets the eligibility requirements for the Ohio works first	52051
program or the prevention, retention, and contingency program, the	52052
assistance group shall not be denied the opportunity to	52053
participate in the program.	52054

This section does not limit the ability of a county	52055
department of job and family services to recover erroneous	52056
payments under section 5107.76 of the Revised Code.	52057

The state department of job and family services shall adopt	52058
rules in accordance with Chapter 119. of the Revised Code to	52059
implement this section.	52060

Sec. 5101.97.  (A)(1) Not later than the firstlast day of	52061
each July and January, the department of job and family services	52062
shall complete a report on the characteristics of the individuals	52063
who participate in or receive services through the programs	52064
operated by the department and the outcomes of the individuals'	52065
participation in or receipt of services through the programs. The	52066
reportreports shall be for the six-month periods ending on the	52067
last days of June and December and shall include information on	52068
the following:	52069

(a) Work activities, developmental activities, and	52070
alternative work activities established under sections 5107.40 to	52071
5107.69 of the Revised Code;	52072

(b) Programs of publicly funded child day-care, as defined in	52073
section 5104.01 of the Revised Code;	52074

(c) Child support enforcement programs;

52075

(d) Births to recipients of the medical assistance program	52076
established under Chapter 5111. of the Revised Code.	52077

(2) Not later than the first day of each July, the department	52078
shall complete a progress report on the partnership agreements	52079
between the director of job and family services and boards of	52080
county commissioners under section 5101.21 of the Revised Code.	52081
The report shall include a review of whether the county family	52082
services agencies and workforce development agencies satisfied	52083
performance standards included in the agreements and whether the	52084
department provided assistance, services, and technical support	52085
specified in the agreements to aid the agencies in meeting the	52086
performance standards.	52087

(3) The department shall submit the reports required under	52088
divisionsdivision (A)(1) and (2) of this section to the speaker	52089
and minority leader of the house of representatives, the president	52090
and minority leader of the senate, the legislative budget officer,	52091
the director of budget and management, and each board of county	52092
commissioners. The department shall provide copies of each report	52093
the reports to any person or government entity on request.	52094

In designing the format for each reportthe reports, the	52095
department shall consult with individuals, organizations, and	52096
government entities interested in the programs operated by the	52097
department, so that the reports are designed to enable the general	52098
assembly and the public to evaluate the effectiveness of the	52099
programs and identify any needs that the programs are not meeting.	52100

(B) Whenever the federal government requires that the	52101
department submit a report on a program that is operated by the	52102
department or is otherwise under the department's jurisdiction,	52103
the department shall prepare and submit the report in accordance	52104
with the federal requirements applicable to that report. To the	52105
extent possible, the department may coordinate the preparation and	52106
submission of a particular report with any other report, plan, or	52107
other document required to be submitted to the federal government,	52108
as well as with any report required to be submitted to the general	52109
assembly. The reports required by the Personal Responsibility and	52110
Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) may be	52111
submitted as an annual summary.	52112

Sec. 5103.031.  (A) Except as provided in section 5103.033 of	52113
the Revised Code, the department of job and family services may	52114
not issue a certificate under section 5103.03 of the Revised Code	52115
to a foster home unless the foster caregiver successfully	52116
completes the following amount of preplacement training through	52117
the Ohio child welfare training program or a preplacement training	52118
program operated under section 5103.034 or 5153.60 of the Revised	52119
Code:	52120

(1) If the foster home is a family foster home, at least	52121
twelve hours;	52122

(2) If the foster home is a specialized foster home, at least	52123
thirty-six hours.	52124

(B) No child may be placed in a family foster home unless the	52125
foster caregiver completes at least twelve additional hours of	52126
preplacement training through the Ohio child welfare training	52127
program or a preplacement training program operated under section	52128
5103.034 or 5153.60 of the Revised Code.	52129

Sec. 5103.033.  The department of job and family services may	52130
issue or renew a certificate under section 5103.03 of the Revised	52131
Code to a foster home for the care of a child who is in the	52132
custody of a public children services agency or private child	52133
placing agency pursuant to an agreement entered into under section	52134
5103.15 of the Revised Code regarding a child who was less than	52135
six months of age on the date the agreement was executed if the	52136
foster caregiver successfully completes the following amount of	52137
training:	52138

(A) For an initial certificate, at least twelve hours of	52139
preplacement training through the Ohio child welfare training	52140
program or a preplacement training program operated under section	52141
5103.034 or 5153.60 of the Revised Code;	52142

(B) For renewal of a certificate, at least twelve hours each	52143
year of continuing training in accordance with the foster	52144
caregiver's needs assessment and continuing training plan	52145
developed and implemented under section 5103.035 of the Revised	52146
Code.	52147

Sec. 5103.034. (A) A public children services agency, private	52148
child placing agency, or private noncustodial agency operating a	52149
preplacement training program or continuing training program	52150
approved by the department of job and family services under	52151
section 5103.038 of the Revised Code or the Ohio child welfare	52152
training program operating a preplacement training program or	52153
continuing training program pursuant to section 5153.60 of the	52154
Revised Code shall make the program available to foster	52155
caregivers. The agency or program shall make the programs	52156
available without regard to the type of recommending agency from	52157
which a foster caregiver seeks a recommendation and without charge	52158
to the foster caregiver.	52159

(B) A private child placing agency or private noncustodial	52160
agency operating a preplacement training program or continuing	52161
training program approved by the department of job and family	52162
services under section 5103.038 of the Revised Code may condition	52163
the enrollment of a foster caregiver in a program on either or	52164
both of the following:	52165

(1) Availability of space in the training program;

52166

(2) If applicable, payment of an instruction or registration	52167
fee, if any, by the foster caregiver's recommending agency.	52168

(C) The Ohio child welfare training program operating a	52169
preplacement training program or continuing training program	52170
pursuant to section 5153.60 of the Revised Code may condition the	52171
enrollment in a preplacement training program or continuing	52172
training program of a foster caregiver whose recommending agency	52173
is a private child placing agency or private noncustodial agency	52174
on either or both of the following:	52175

(1) Availability of space in the training program;

52176

(2) Assignment to the program by the foster caregiver's	52177
recommending agency of the allowance payable under section	52178
5103.0313 of the Revised Code.	52179

(D) A private child placing agency or private noncustodial	52180
agency may contract with an individual or a public or private	52181
entity to administer a preplacement training program or continuing	52182
training program operated by the agency and approved by the	52183
department of job and family services under section 5103.038 of	52184
the Revised Code.	52185

Sec. 5103.036.  For the purpose of determining whether a	52186
foster caregiver has satisfied the requirement of section 5103.031	52187
or 5103.032 of the Revised Code, a recommending agency shall	52188
accept training obtained from the Ohio child welfare training	52189
program or pursuant to a preplacement training program or	52190
continuing training program operated under section 5103.034 or	52191
5153.60 of the Revised Code regardless of whether the program is	52192
operated by the recommending agency operated the preplacement	52193
training program or continuing training program. The agency may	52194
require that the foster caregiver successfully complete additional	52195
training as a condition of the agency recommending that the	52196
department of job and family services certify or recertify the	52197
foster caregiver's foster home under section 5103.03 of the	52198
Revised Code.	52199

Sec. 5103.037.  The department of job and family services, in	52200
consultation with the departments of youth services, mental	52201
health, education, mental retardation and developmental	52202
disabilities, and alcohol and drug addiction services, shall	52203
develop a model design of a preplacement training program for	52204
foster caregivers seeking an initial certificate under section	52205
5103.03 of the Revised Code and a model design of a continuing	52206
training program for foster caregivers seeking renewal of a	52207
certificate under that section. The model design of a preplacement	52208
training program shall comply with section 5103.039 of the Revised	52209
Code. The model design of a continuing training program shall	52210
comply with section 5103.0310 of the Revised Code. The department	52211
of job and family services shall make the model designs available	52212
to public children services agenciesthe Ohio child welfare	52213
training program, private child placing agencies, and private	52214
noncustodial agencies.	52215

Sec. 5103.038.  (A) Every other year by a date specified in	52216
rules adopted under section 5103.0316 of the Revised Code, each	52217
public children services agency, private child placing agency, and	52218
private noncustodial agency that seeks to operate a preplacement	52219
training program or continuing training program under section	52220
5103.034 of the Revised Code shall submit to the department of job	52221
and family services a proposal outlining the program. The proposal	52222
may be the same as, a modification of, or different from, a model	52223
design developed under section 5103.037 of the Revised Code. The	52224
proposal shall include a budget for the program regarding the cost	52225
associated with trainers, obtaining sites at which the training is	52226
provided, and the administration of the training. The budget shall	52227
be consistent with rules adopted under section 5103.0316 of the	52228
Revised Code governing the department of job and family services'	52229
reimbursement of public children services agencies, private child	52230
placing agencies, and private noncustodial agencies under section	52231
5103.0313 of the Revised Code.	52232

(B) Not later than thirty days after receiving a proposal	52233
under division (A) of this section, the department shall either	52234
approve or disapprove the proposed program. The department shall	52235
approve a proposed preplacement training program if it complies	52236
with section 5103.039 or 5103.0310 of the Revised Code, as	52237
appropriate, and, in the case of a proposal submitted by an agency	52238
operating a preplacement training program at the time the proposal	52239
is submitted, the department is satisfied with the agency's	52240
operation of the program. The department shall approve a proposed	52241
continuing training program if it complies with section 5103.0310	52242
or 5103.0311 of the Revised Code, as appropriate, and, in the case	52243
of a proposal submitted by an agency operating a continuing	52244
training program at the time the proposal is submitted, the	52245
department is satisfied with the agency's operation of the	52246
program. The department shall disapprove a proposed program if the	52247
program's budget is not consistent with rules adopted under	52248
section 5103.0316 of the Revised Code governing the department's	52249
reimbursement of public children services agencies, private child	52250
placing agencies, and private noncustodial agencies under section	52251
5103.0313 of the Revised Code. If the department disapproves a	52252
proposal, it shall provide the reason for disapproval to the	52253
agency that submitted the proposal and advise the agency of how to	52254
revise the proposal so that the department can approve it.	52255

(C) The department's approval under division (B) of this	52256
section of a proposed preplacement training program or continuing	52257
training program is valid only for two years following the year	52258
the proposal for the program is submitted to the department under	52259
division (A) of this section.	52260

Sec. 5103.0312.  A public children services agency, private	52261
child placing agency, or private noncustodial agency acting as a	52262
recommending agency for foster caregivers who hold certificates	52263
issued under section 5103.03 of the Revised Code shall pay those	52264
foster caregivers who have had at least one foster child placed in	52265
their home a stipend to reimburse them for attending training	52266
courses provided by the Ohio child welfare training program or	52267
pursuant to a preplacement training program or continuing training	52268
program operated under section 5103.034 or 5153.60 of the Revised	52269
Code. The payment shall be based on a stipend rate established by	52270
the department of job and family services. The stipend rate shall	52271
be the same regardless of the type of recommending agency from	52272
which a foster caregiver seeks a recommendation. The department	52273
shall, pursuant to rules adopted under section 5103.0316 of the	52274
Revised Code, reimburse the recommending agency for stipend	52275
payments it makes in accordance with this section.	52276

Sec. 5103.0313.  The department of job and family services	52277
shall reimburse the followingcompensate a private child placing	52278
agency or private noncustodial agency for the cost of providing	52279
procuring or operating preplacement and continuing training to	52280
foster caregivers:	52281

(A) The Ohio child welfare training program;

52282

(B) A public children services agency, private child placing	52283
agency, or private noncustodial agency through a preplacement	52284
training program or continuing training program operatedprograms	52285
under section 5103.034 of the Revised Code for foster caregivers	52286
who are recommended for initial certification or recertification	52287
by the agency.	52288

The reimbursementcompensation shall be on a per diem basis	52289
and limited to the cost associated with the trainer, obtaining a	52290
site at which the training is provided, and the administration of	52291
the trainingpaid to the agency in the form of an allowance for	52292
each hour of preplacement and continuing training provided or	52293
received. A reimbursement rate shall be the same regardless of	52294
whether the training program is operated by the Ohio child welfare	52295
training program or a public children services agency, private	52296
child placing agency, or private noncustodial agency.	52297

Sec. 5103.0314.  The department of job and family services	52298
shall not reimbursecompensate a recommending agency for the cost	52299
of any training the agency requires a foster caregiver to undergo	52300
as a condition of the agency recommending the department certify	52301
or recertify the foster caregiver's foster home under section	52302
5103.03 of the Revised Code if the training is in addition to the	52303
minimum training required by section 5103.031 or 5103.032 of the	52304
Revised Code.	52305

Sec. 5103.0315.  The department of job and family services	52306
shall seek federal financial participation for the cost of making	52307
payments under section 5103.0312 of the Revised Code and	52308
reimbursementsallowances under section 5103.0313 of the Revised	52309
Code. The department shall notify the governor, president of the	52310
senate, minority leader of the senate, speaker of the house of	52311
representatives, and minority leader of the house of	52312
representatives of any proposed federal legislation that endangers	52313
the federal financial participation.	52314

Sec. 5103.0316. Not later than ninety days after January 1,	52315
2001, theThe department of job and family services shall adopt	52316
rules in accordance with Chapter 119. of the Revised Code as	52317
necessary for the efficient administration of sections 5103.031 to	52318
5103.0316 of the Revised Code. The rules shall provide for all of	52319
the following:	52320

(A) For the purpose of section 5103.038 of the Revised Code,	52321
the date by which a public children services agency, private child	52322
placing agency, or private noncustodial agency that seeks to	52323
operate a preplacement training program or continuing training	52324
program under section 5103.034 of the Revised Code must submit to	52325
the department a proposal outlining the program;	52326

(B) Requirements governing the department's reimbursement	52327
compensation of the Ohio child welfare training program and public	52328
children services agencies, private child placing agencies, and	52329
private noncustodial agencies under sections 5103.0312 and	52330
5103.0313 of the Revised Code;	52331

(C) Any other matter the department considers appropriate.

52332

Sec. 5103.154.  (A) Information concerning all children who	52333
are, pursuant to section 2151.353 or 5103.15 of the Revised Code,	52334
in the permanent custody of an institution or association	52335
certified by the department of job and family services under	52336
section 5103.03 of the Revised Code shall be listed with the	52337
department within ninety days after permanent custody is	52338
effective, unless the child has been placed for adoption or unless	52339
an application for placement was initiated under section 5103.16	52340
of the Revised Code.	52341

(B) All persons who wish to adopt children, and are approved	52342
by an agency so empowered under this chapter, shall be listed with	52343
the department within ninety days of approval, unless a person	52344
requests in writing that that person's name not be so listed, or	52345
has had a child placed in that person's home in preparation for	52346
adoption, or has filed a petition for adoption.	52347

(C) All persons who wish to adopt a child with special needs	52348
as defined in rules adopted under section 5153.163 of the Revised	52349
Code, and who are approved by an agency so empowered under this	52350
chapter, shall be listed separately by the department within	52351
ninety days of approval, unless a person requests in writing that	52352
that person's name not be so listed, or has had a child with	52353
special needs placed in that person's home in preparation for	52354
adoption, or has filed a petition for adoption.	52355

(D) The department shall forward information on such children	52356
and listed persons at least quarterly, to all public children	52357
services agencies and all certified agencies.	52358

(E) The appropriate listed names shall be removed when a	52359
child is placed in an adoptive home or when a person withdraws an	52360
application for adoption.	52361

(F) No later than six months after the end of each fiscal	52362
year, the department shall compile a report of its conclusions	52363
regarding the effectiveness of its actions pursuant to this	52364
section and of the restrictions on placement under division (E)(G)	52365
of section 5153.163 of the Revised Code in increasing adoptive	52366
placements of children with special needs, together with its	52367
recommendations, and shall submit a copy of the report to the	52368
chairpersons of the principal committees of the senate and the	52369
house of representatives who consider welfare legislation.	52370

Sec. 5103.155. As used in this section, "children with	52371
special needs" has the same meaning as in rules adopted under	52372
section 5153.163 of the Revised Code.	52373

If the department of job and family services determines that	52374
money in the putative father registry fund created under section	52375
2101.16 of the Revised Code is more than is needed to perform its	52376
duties related to the putative father registry, the department may	52377
use surplus moneys in the fund to promote adoption of children	52378
with special needs.	52379

Sec. 5104.01.  As used in this chapter:

52380

(A) "Administrator" means the person responsible for the	52381
daily operation of a center or type A home. The administrator and	52382
the owner may be the same person.	52383

(B) "Approved child day camp" means a child day camp approved	52384
pursuant to section 5104.22 of the Revised Code.	52385

(C) "Authorized provider" means a person authorized by a	52386
county director of job and family services to operate a certified	52387
type B family day-care home.	52388

(D) "Border state child day-care provider" means a child	52389
day-care provider that is located in a state bordering Ohio and	52390
that is licensed, certified, or otherwise approved by that state	52391
to provide child day-care.	52392

(E) "Caretaker parent" means the father or mother of a child	52393
whose presence in the home is needed as the caretaker of the	52394
child, a person who has legal custody of a child and whose	52395
presence in the home is needed as the caretaker of the child, a	52396
guardian of a child whose presence in the home is needed as the	52397
caretaker of the child, and any other person who stands in loco	52398
parentis with respect to the child and whose presence in the home	52399
is needed as the caretaker of the child.	52400

(F) "Certified type B family day-care home" and "certified	52401
type B home" mean a type B family day-care home that is certified	52402
by the director of the county department of job and family	52403
services pursuant to section 5104.11 of the Revised Code to	52404
receive public funds for providing child day-care pursuant to this	52405
chapter and any rules adopted under it.	52406

(G) "Chartered nonpublic school" means a school that meets	52407
standards for nonpublic schools prescribed by the state board of	52408
education for nonpublic schools pursuant to section 3301.07 of the	52409
Revised Code.	52410

(H) "Child" includes an infant, toddler, preschool child, or	52411
school child.	52412

(I) "Child care block grant act" means the "Child Care and	52413
Development Block Grant Act of 1990," established in section 5082	52414
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	52415
1388-236 (1990), 42 U.S.C. 9858, as amended.	52416

(J) "Child day camp" means a program in which only school	52417
children attend or participate, that operates for no more than	52418
seven hours per day, that operates only during one or more public	52419
school district's regular vacation periods or for no more than	52420
fifteen weeks during the summer, and that operates outdoor	52421
activities for each child who attends or participates in the	52422
program for a minimum of fifty per cent of each day that children	52423
attend or participate in the program, except for any day when	52424
hazardous weather conditions prevent the program from operating	52425
outdoor activities for a minimum of fifty per cent of that day.	52426
For purposes of this division, the maximum seven hours of	52427
operation time does not include transportation time from a child's	52428
home to a child day camp and from a child day camp to a child's	52429
home.	52430

(K) "Child day-care" means administering to the needs of	52431
infants, toddlers, preschool children, and school children outside	52432
of school hours by persons other than their parents or guardians,	52433
custodians, or relatives by blood, marriage, or adoption for any	52434
part of the twenty-four-hour day in a place or residence other	52435
than a child's own home.	52436

(L) "Child day-care center" and "center" mean any place in	52437
which child day-care or publicly funded child day-care is provided	52438
for thirteen or more children at one time or any place that is not	52439
the permanent residence of the licensee or administrator in which	52440
child day-care or publicly funded child day-care is provided for	52441
seven to twelve children at one time. In counting children for the	52442
purposes of this division, any children under six years of age who	52443
are related to a licensee, administrator, or employee and who are	52444
on the premises of the center shall be counted. "Child day-care	52445
center" and "center" do not include any of the following:	52446

(1) A place located in and operated by a hospital, as defined	52447
in section 3727.01 of the Revised Code, in which the needs of	52448
children are administered to, if all the children whose needs are	52449
being administered to are monitored under the on-site supervision	52450
of a physician licensed under Chapter 4731. of the Revised Code or	52451
a registered nurse licensed under Chapter 4723. of the Revised	52452
Code, and the services are provided only for children who, in the	52453
opinion of the child's parent, guardian, or custodian, are	52454
exhibiting symptoms of a communicable disease or other illness or	52455
are injured;	52456

(2) A child day camp;

52457

(3) A place that provides child day-care, but not publicly	52458
funded child day-care, if all of the following apply:	52459

(a) An organized religious body provides the child day-care;

52460

(b) A parent, custodian, or guardian of at least one child	52461
receiving child day-care is on the premises and readily accessible	52462
at all times;	52463

(c) The child day-care is not provided for more than thirty	52464
days a year;	52465

(d) The child day-care is provided only for preschool and	52466
school children.	52467

(M) "Child day-care resource and referral service	52468
organization" means a community-based nonprofit organization that	52469
provides child day-care resource and referral services but not	52470
child day-care.	52471

(N) "Child day-care resource and referral services" means all	52472
of the following services:	52473

(1) Maintenance of a uniform data base of all child day-care	52474
providers in the community that are in compliance with this	52475
chapter, including current occupancy and vacancy data;	52476

(2) Provision of individualized consumer education to	52477
families seeking child day-care;	52478

(3) Provision of timely referrals of available child day-care	52479
providers to families seeking child day-care;	52480

(4) Recruitment of child day-care providers;

52481

(5) Assistance in the development, conduct, and dissemination	52482
of training for child day-care providers and provision of	52483
technical assistance to current and potential child day-care	52484
providers, employers, and the community;	52485

(6) Collection and analysis of data on the supply of and	52486
demand for child day-care in the community;	52487

(7) Technical assistance concerning locally, state, and	52488
federally funded child day-care and early childhood education	52489
programs;	52490

(8) Stimulation of employer involvement in making child	52491
day-care more affordable, more available, safer, and of higher	52492
quality for their employees and for the community;	52493

(9) Provision of written educational materials to caretaker	52494
parents and informational resources to child day-care providers;	52495

(10) Coordination of services among child day-care resource	52496
and referral service organizations to assist in developing and	52497
maintaining a statewide system of child day-care resource and	52498
referral services if required by the department of job and family	52499
services;	52500

(11) Cooperation with the county department of job and family	52501
services in encouraging the establishment of parent cooperative	52502
child day-care centers and parent cooperative type A family	52503
day-care homes.	52504

(O) "Child-care staff member" means an employee of a child	52505
day-care center or type A family day-care home who is primarily	52506
responsible for the care and supervision of children. The	52507
administrator may be a part-time child-care staff member when not	52508
involved in other duties.	52509

(P) "Drop-in child day-care center," "drop-in center,"	52510
"drop-in type A family day-care home," and "drop-in type A home"	52511
mean a center or type A home that provides child day-care or	52512
publicly funded child day-care for children on a temporary,	52513
irregular basis.	52514

(Q) "Employee" means a person who either:

52515

(1) Receives compensation for duties performed in a child	52516
day-care center or type A family day-care home;	52517

(2) Is assigned specific working hours or duties in a child	52518
day-care center or type A family day-care home.	52519

(R) "Employer" means a person, firm, institution,	52520
organization, or agency that operates a child day-care center or	52521
type A family day-care home subject to licensure under this	52522
chapter.	52523

(S) "Federal poverty line" means the official poverty	52524
guideline as revised annually in accordance with section 673(2) of	52525
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	52526
U.S.C. 9902, as amended, for a family size equal to the size of	52527
the family of the person whose income is being determined.	52528

(T) "Head start program" means a comprehensive child	52529
development program that receives funds distributed under the	52530
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	52531
amended, or under sectionsections 3301.31 to 3301.37 of the	52532
Revised Code.	52533

(U) "Income" means gross income, as defined in section	52534
5107.10 of the Revised Code, less any amounts required by federal	52535
statutes or regulations to be disregarded.	52536

(V) "Indicator checklist" means an inspection tool, used in	52537
conjunction with an instrument-based program monitoring	52538
information system, that contains selected licensing requirements	52539
that are statistically reliable indicators or predictors of a	52540
child day-care center or type A family day-care home's compliance	52541
with licensing requirements.	52542

(W) "Infant" means a child who is less than eighteen months	52543
of age.	52544

(X) "In-home aide" means a person certified by a county	52545
director of job and family services pursuant to section 5104.12 of	52546
the Revised Code to provide publicly funded child day-care to a	52547
child in a child's own home pursuant to this chapter and any rules	52548
adopted under it.	52549

(Y) "Instrument-based program monitoring information system"	52550
means a method to assess compliance with licensing requirements	52551
for child day-care centers and type A family day-care homes in	52552
which each licensing requirement is assigned a weight indicative	52553
of the relative importance of the requirement to the health,	52554
growth, and safety of the children that is used to develop an	52555
indicator checklist.	52556

(Z) "License capacity" means the maximum number in each age	52557
category of children who may be cared for in a child day-care	52558
center or type A family day-care home at one time as determined by	52559
the director of job and family services considering building	52560
occupancy limits established by the department of commerce, number	52561
of available child-care staff members, amount of available indoor	52562
floor space and outdoor play space, and amount of available play	52563
equipment, materials, and supplies.	52564

(AA) "Licensed preschool program" or "licensed school child	52565
program" means a preschool program or school child program, as	52566
defined in section 3301.52 of the Revised Code, that is licensed	52567
by the department of education pursuant to sections 3301.52 to	52568
3301.59 of the Revised Code.	52569

(BB) "Licensee" means the owner of a child day-care center or	52570
type A family day-care home that is licensed pursuant to this	52571
chapter and who is responsible for ensuring its compliance with	52572
this chapter and rules adopted pursuant to this chapter.	52573

(CC) "Operate a child day camp" means to operate, establish,	52574
manage, conduct, or maintain a child day camp.	52575

(DD) "Owner" includes a person, as defined in section 1.59 of	52576
the Revised Code, or government entity.	52577

(EE) "Parent cooperative child day-care center," "parent	52578
cooperative center," "parent cooperative type A family day-care	52579
home," and "parent cooperative type A home" mean a corporation or	52580
association organized for providing educational services to the	52581
children of members of the corporation or association, without	52582
gain to the corporation or association as an entity, in which the	52583
services of the corporation or association are provided only to	52584
children of the members of the corporation or association,	52585
ownership and control of the corporation or association rests	52586
solely with the members of the corporation or association, and at	52587
least one parent-member of the corporation or association is on	52588
the premises of the center or type A home during its hours of	52589
operation.	52590

(FF) "Part-time child day-care center," "part-time center,"	52591
"part-time type A family day-care home," and "part-time type A	52592
home" mean a center or type A home that provides child day-care or	52593
publicly funded child day-care for no more than four hours a day	52594
for any child.	52595

(GG) "Place of worship" means a building where activities of	52596
an organized religious group are conducted and includes the	52597
grounds and any other buildings on the grounds used for such	52598
activities.	52599

(HH) "Preschool child" means a child who is three years old	52600
or older but is not a school child.	52601

(II) "Protective day-care" means publicly funded child	52602
day-care for the direct care and protection of a child to whom	52603
either of the following applies:	52604

(1) A case plan prepared and maintained for the child	52605
pursuant to section 2151.412 of the Revised Code indicates a need	52606
for protective day-care and the child resides with a parent,	52607
stepparent, guardian, or another person who stands in loco	52608
parentis as defined in rules adopted under section 5104.38 of the	52609
Revised Code;	52610

(2) The child and the child's caretaker either temporarily	52611
reside in a facility providing emergency shelter for homeless	52612
families or are determined by the county department of job and	52613
family services to be homeless, and are otherwise ineligible for	52614
publicly funded child day-care.	52615

(JJ) "Publicly funded child day-care" means administering to	52616
the needs of infants, toddlers, preschool children, and school	52617
children under age thirteen during any part of the	52618
twenty-four-hour day by persons other than their caretaker parents	52619
for remuneration wholly or in part with federal or state funds,	52620
including funds available under the child care block grant act	52621
fundsTitle IV-A, and Title XX, distributed by the department of	52622
job and family services.	52623

(KK) "Religious activities" means any of the following:	52624
worship or other religious services; religious instruction; Sunday	52625
school classes or other religious classes conducted during or	52626
prior to worship or other religious services; youth or adult	52627
fellowship activities; choir or other musical group practices or	52628
programs; meals; festivals; or meetings conducted by an organized	52629
religious group.	52630

(LL) "School child" means a child who is enrolled in or is	52631
eligible to be enrolled in a grade of kindergarten or above but is	52632
less than fifteen years old.	52633

(MM) "School child day-care center," "school child center,"	52634
"school child type A family day-care home," and "school child type	52635
A family home" mean a center or type A home that provides child	52636
day-care for school children only and that does either or both of	52637
the following:	52638

(1) Operates only during that part of the day that	52639
immediately precedes or follows the public school day of the	52640
school district in which the center or type A home is located;	52641

(2) Operates only when the public schools in the school	52642
district in which the center or type A home is located are not	52643
open for instruction with pupils in attendance.	52644

(NN) "State median income" means the state median income	52645
calculated by the department of development pursuant to division	52646
(A)(1)(g) of section 5709.61 of the Revised Code.	52647

(OO) "Title IV-A" means Title IV-A of the "Social Security	52648
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	52649

(PP) "Title XX" means Title XX of the "Social Security Act,"	52650
88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	52651

(QQ) "Toddler" means a child who is at least eighteen months	52652
of age but less than three years of age.	52653

(PP)(RR) "Type A family day-care home" and "type A home" mean	52654
a permanent residence of the administrator in which child day-care	52655
or publicly funded child day-care is provided for seven to twelve	52656
children at one time or a permanent residence of the administrator	52657
in which child day-care is provided for four to twelve children at	52658
one time if four or more children at one time are under two years	52659
of age. In counting children for the purposes of this division,	52660
any children under six years of age who are related to a licensee,	52661
administrator, or employee and who are on the premises of the type	52662
A home shall be counted. "Type A family day-care home" does not	52663
include a residence in which the needs of children are	52664
administered to, if all of the children whose needs are being	52665
administered to are siblings of the same immediate family and the	52666
residence is the home of the siblings. "Type A family day-care	52667
home" and "type A home" do not include any child day camp.	52668

(QQ)(SS) "Type B family day-care home" and "type B home" mean	52669
a permanent residence of the provider in which child day-care is	52670
provided for one to six children at one time and in which no more	52671
than three children are under two years of age at one time. In	52672
counting children for the purposes of this division, any children	52673
under six years of age who are related to the provider and who are	52674
on the premises of the type B home shall be counted. "Type B	52675
family day-care home" does not include a residence in which the	52676
needs of children are administered to, if all of the children	52677
whose needs are being administered to are siblings of the same	52678
immediate family and the residence is the home of the siblings.	52679
"Type B family day-care home" and "type B home" do not include any	52680
child day camp.	52681

Sec. 5104.011.  (A) The director of job and family services	52682
shall adopt rules pursuant to Chapter 119. of the Revised Code	52683
governing the operation of child day-care centers, including, but	52684
not limited to, parent cooperative centers, part-time centers,	52685
drop-in centers, and school child centers, which rules shall	52686
reflect the various forms of child day-care and the needs of	52687
children receiving child day-care or publicly funded child	52688
day-care and, no later than January 1, 1992, shall include	52689
specific rules for school child day-care centers that are	52690
developed in consultation with the department of education. The	52691
rules shall not require an existing school facility that is in	52692
compliance with applicable building codes to undergo an additional	52693
building code inspection or to have structural modifications. The	52694
rules shall include the following:	52695

(1) Submission of a site plan and descriptive plan of	52696
operation to demonstrate how the center proposes to meet the	52697
requirements of this chapter and rules adopted pursuant to this	52698
chapter for the initial license application;	52699

(2) Standards for ensuring that the physical surroundings of	52700
the center are safe and sanitary including, but not limited to,	52701
the physical environment, the physical plant, and the equipment of	52702
the center;	52703

(3) Standards for the supervision, care, and discipline of	52704
children receiving child day-care or publicly funded child	52705
day-care in the center;	52706

(4) Standards for a program of activities, and for play	52707
equipment, materials, and supplies, to enhance the development of	52708
each child; however, any educational curricula, philosophies, and	52709
methodologies that are developmentally appropriate and that	52710
enhance the social, emotional, intellectual, and physical	52711
development of each child shall be permissible. As used in this	52712
division, "program" does not include instruction in religious or	52713
moral doctrines, beliefs, or values that is conducted at child	52714
day-care centers owned and operated by churches and does include	52715
methods of disciplining children at child day-care centers.	52716

(5) Admissions policies and procedures, health care policies	52717
and procedures, including, but not limited to, procedures for the	52718
isolation of children with communicable diseases, first aid and	52719
emergency procedures, procedures for discipline and supervision of	52720
children, standards for the provision of nutritious meals and	52721
snacks, and procedures for screening children and employees,	52722
including, but not limited to, any necessary physical examinations	52723
and immunizations;	52724

(6) Methods for encouraging parental participation in the	52725
center and methods for ensuring that the rights of children,	52726
parents, and employees are protected and that responsibilities of	52727
parents and employees are met;	52728

(7) Procedures for ensuring the safety and adequate	52729
supervision of children traveling off the premises of the center	52730
while under the care of a center employee;	52731

(8) Procedures for record keeping, organization, and	52732
administration;	52733

(9) Procedures for issuing, renewing, denying, and revoking a	52734
license that are not otherwise provided for in Chapter 119. of the	52735
Revised Code;	52736

(10) Inspection procedures;

52737

(11) Procedures and standards for setting initial and renewal	52738
license application fees;	52739

(12) Procedures for receiving, recording, and responding to	52740
complaints about centers;	52741

(13) Procedures for enforcing section 5104.04 of the Revised	52742
Code;	52743

(14) A standard requiring the inclusion, on and after July 1,	52744
1987, of a current department of job and family services toll-free	52745
telephone number on each center provisional license or license	52746
which any person may use to report a suspected violation by the	52747
center of this chapter or rules adopted pursuant to this chapter;	52748

(15) Requirements for the training of administrators and	52749
child-care staff members in first aid, in prevention, recognition,	52750
and management of communicable diseases, and in child abuse	52751
recognition and prevention. Training requirements for child	52752
day-care centers adopted under this division shall be consistent	52753
with divisions (B)(6) and (C)(1) of this section.	52754

(16) Procedures to be used by licensees for checking the	52755
references of potential employees of centers and procedures to be	52756
used by the director for checking the references of applicants for	52757
licenses to operate centers;	52758

(17) Standards providing for the special needs of children	52759
who are handicapped or who require treatment for health conditions	52760
while the child is receiving child day-care or publicly funded	52761
child day-care in the center;	52762

(18) Any other procedures and standards necessary to carry	52763
out this chapter.	52764

(B)(1) The child day-care center shall have, for each child	52765
for whom the center is licensed, at least thirty-five square feet	52766
of usable indoor floor space wall-to-wall regularly available for	52767
the child day-care operation exclusive of any parts of the	52768
structure in which the care of children is prohibited by law or by	52769
rules adopted by the board of building standards. The minimum of	52770
thirty-five square feet of usable indoor floor space shall not	52771
include hallways, kitchens, storage areas, or any other areas that	52772
are not available for the care of children, as determined by the	52773
director, in meeting the space requirement of this division, and	52774
bathrooms shall be counted in determining square footage only if	52775
they are used exclusively by children enrolled in the center,	52776
except that the exclusion of hallways, kitchens, storage areas,	52777
bathrooms not used exclusively by children enrolled in the center,	52778
and any other areas not available for the care of children from	52779
the minimum of thirty-five square feet of usable indoor floor	52780
space shall not apply to:	52781

(a) Centers licensed prior to or on September 1, 1986, that	52782
continue under licensure after that date;	52783

(b) Centers licensed prior to or on September 1, 1986, that	52784
are issued a new license after that date solely due to a change of	52785
ownership of the center.	52786

(2) The child day-care center shall have on the site a safe	52787
outdoor play space which is enclosed by a fence or otherwise	52788
protected from traffic or other hazards. The play space shall	52789
contain not less than sixty square feet per child using such space	52790
at any one time, and shall provide an opportunity for supervised	52791
outdoor play each day in suitable weather. The director may exempt	52792
a center from the requirement of this division, if an outdoor play	52793
space is not available and if all of the following are met:	52794

(a) The center provides an indoor recreation area that has	52795
not less than sixty square feet per child using the space at any	52796
one time, that has a minimum of one thousand four hundred forty	52797
square feet of space, and that is separate from the indoor space	52798
required under division (B)(1) of this section.	52799

(b) The director has determined that there is regularly	52800
available and scheduled for use a conveniently accessible and safe	52801
park, playground, or similar outdoor play area for play or	52802
recreation.	52803

(c) The children are closely supervised during play and while	52804
traveling to and from the area.	52805

The director also shall exempt from the requirement of this	52806
division a child day-care center that was licensed prior to	52807
September 1, 1986, if the center received approval from the	52808
director prior to September 1, 1986, to use a park, playground, or	52809
similar area, not connected with the center, for play or	52810
recreation in lieu of the outdoor space requirements of this	52811
section and if the children are closely supervised both during	52812
play and while traveling to and from the area and except if the	52813
director determines upon investigation and inspection pursuant to	52814
section 5104.04 of the Revised Code and rules adopted pursuant to	52815
that section that the park, playground, or similar area, as well	52816
as access to and from the area, is unsafe for the children.	52817

(3) The child day-care center shall have at least two	52818
responsible adults available on the premises at all times when	52819
seven or more children are in the center. The center shall	52820
organize the children in the center in small groups, shall provide	52821
child-care staff to give continuity of care and supervision to the	52822
children on a day-by-day basis, and shall ensure that no child is	52823
left alone or unsupervised. Except as otherwise provided in	52824
division (E) of this section, the maximum number of children per	52825
child-care staff member and maximum group size, by age category of	52826
children, are as follows:	52827

Except as otherwise provided in division (E) of this section,	52869
the maximum number of children per child-care staff member and	52870
maximum group size requirements of the younger age group shall	52871
apply when age groups are combined.	52872

(4)(a) The child day-care center administrator shall show the	52873
director both of the following:	52874

(i) Evidence of at least high school graduation or	52875
certification of high school equivalency by the state board of	52876
education or the appropriate agency of another state;	52877

(ii) Evidence of having completed at least two years of	52878
training in an accredited college, university, or technical	52879
college, including courses in child development or early childhood	52880
education, or at least two years of experience in supervising and	52881
giving daily care to children attending an organized group	52882
program.	52883

(b) In addition to the requirements of division (B)(4)(a) of	52884
this section, any administrator employed or designated on or after	52885
September 1, 1986, shall show evidence of, and any administrator	52886
employed or designated prior to September 1, 1986, shall show	52887
evidence within six years after such date of, at least one of the	52888
following:	52889

(i) Two years of experience working as a child-care staff	52890
member in a center and at least four courses in child development	52891
or early childhood education from an accredited college,	52892
university, or technical college, except that a person who has two	52893
years of experience working as a child-care staff member in a	52894
particular center and who has been promoted to or designated as	52895
administrator of that center shall have one year from the time the	52896
person was promoted to or designated as administrator to complete	52897
the required four courses;	52898

(ii) Two years of training, including at least four courses	52899
in child development or early childhood education from an	52900
accredited college, university, or technical college;	52901

(iii) A child development associate credential issued by the	52902
national child development associate credentialing commission;	52903

(iv) An associate or higher degree in child development or	52904
early childhood education from an accredited college, technical	52905
college, or university, or a license designated for teaching in an	52906
associate teaching position in a preschool setting issued by the	52907
state board of education.	52908

(5) All child-care staff members of a child day-care center	52909
shall be at least eighteen years of age, and shall furnish the	52910
director evidence of at least high school graduation or	52911
certification of high school equivalency by the state board of	52912
education or the appropriate agency of another state or evidence	52913
of completion of a training program approved by the department of	52914
job and family services or state board of education, except as	52915
follows:	52916

(a) A child-care staff member may be less than eighteen years	52917
of age if the staff member is either of the following:	52918

(i) A graduate of a two-year vocational child-care training	52919
program approved by the state board of education;	52920

(ii) A student enrolled in the second year of a vocational	52921
child-care training program approved by the state board of	52922
education which leads to high school graduation, provided that the	52923
student performs the student's duties in the child day-care center	52924
under the continuous supervision of an experienced child-care	52925
staff member, receives periodic supervision from the vocational	52926
child-care training program teacher-coordinator in the student's	52927
high school, and meets all other requirements of this chapter and	52928
rules adopted pursuant to this chapter.	52929

(b) A child-care staff member shall be exempt from the	52930
educational requirements of this division if the staff member:	52931

(i) Prior to January 1, 1972, was employed or designated by a	52932
child day-care center and has been continuously employed since	52933
either by the same child day-care center employer or at the same	52934
child day-care center; or	52935

(ii) Is a student enrolled in the second year of a vocational	52936
child-care training program approved by the state board of	52937
education which leads to high school graduation, provided that the	52938
student performs the student's duties in the child day-care center	52939
under the continuous supervision of an experienced child-care	52940
staff member, receives periodic supervision from the vocational	52941
child-care training program teacher-coordinator in the student's	52942
high school, and meets all other requirements of this chapter and	52943
rules adopted pursuant to this chapter.	52944

(6) Every child day-care staff member of a child day-care	52945
center annually shall complete fifteen hours of inservice training	52946
in child development or early childhood education, child abuse	52947
recognition and prevention, first aid, and in prevention,	52948
recognition, and management of communicable diseases, until a	52949
total of forty-five hours of training has been completed, unless	52950
the staff member furnishes one of the following to the director:	52951

(a) Evidence of an associate or higher degree in child	52952
development or early childhood education from an accredited	52953
college, university, or technical college;	52954

(b) A license designated for teaching in an associate	52955
teaching position in a preschool setting issued by the state board	52956
of education;	52957

(c) Evidence of a child development associate credential;

52958

(d) Evidence of a preprimary credential from the American	52959
Montessori society or the association Montessori international.	52960
For the purposes of division (B)(6) of this section, "hour" means	52961
sixty minutes.	52962

(7) The administrator of each child day-care center shall	52963
prepare at least once annually and for each group of children at	52964
the center a roster of names and telephone numbers of parents,	52965
custodians, or guardians of each group of children attending the	52966
center and upon request shall furnish the roster for each group to	52967
the parents, custodians, or guardians of the children in that	52968
group. The administrator may prepare a roster of names and	52969
telephone numbers of all parents, custodians, or guardians of	52970
children attending the center and upon request shall furnish the	52971
roster to the parents, custodians, or guardians of the children	52972
who attend the center. The administrator shall not include in any	52973
roster the name or telephone number of any parent, custodian, or	52974
guardian who requests the administrator not to include the	52975
parent's, custodian's, or guardian's name or number and shall not	52976
furnish any roster to any person other than a parent, custodian,	52977
or guardian of a child who attends the center.	52978

(C)(1) Each child day-care center shall have on the center	52979
premises and readily available at all times at least one	52980
child-care staff member who has completed a course in first aid	52981
and in prevention, recognition, and management of communicable	52982
diseases which is approved by the state department of health and a	52983
staff member who has completed a course in child abuse recognition	52984
and prevention training which is approved by the department of job	52985
and family services.	52986

(2) The administrator of each child day-care center shall	52987
maintain enrollment, health, and attendance records for all	52988
children attending the center and health and employment records	52989
for all center employees. The records shall be confidential,	52990
except as otherwise provided in division (B)(7) of this section	52991
and except that they shall be disclosed by the administrator to	52992
the director upon request for the purpose of administering and	52993
enforcing this chapter and rules adopted pursuant to this chapter.	52994
Neither the center nor the licensee, administrator, or employees	52995
of the center shall be civilly or criminally liable in damages or	52996
otherwise for records disclosed to the director by the	52997
administrator pursuant to this division. It shall be a defense to	52998
any civil or criminal charge based upon records disclosed by the	52999
administrator to the director that the records were disclosed	53000
pursuant to this division.	53001

(3)(a) Any parent who is the residential parent and legal	53002
custodian of a child enrolled in a child day-care center and any	53003
custodian or guardian of such a child shall be permitted unlimited	53004
access to the center during its hours of operation for the	53005
purposes of contacting their children, evaluating the care	53006
provided by the center, evaluating the premises of the center, or	53007
for other purposes approved by the director. A parent of a child	53008
enrolled in a child day-care center who is not the child's	53009
residential parent shall be permitted unlimited access to the	53010
center during its hours of operation for those purposes under the	53011
same terms and conditions under which the residential parent of	53012
that child is permitted access to the center for those purposes.	53013
However, the access of the parent who is not the residential	53014
parent is subject to any agreement between the parents and, to the	53015
extent described in division (C)(3)(b) of this section, is subject	53016
to any terms and conditions limiting the right of access of the	53017
parent who is not the residential parent, as described in division	53018
(I) of section 3109.051 of the Revised Code, that are contained in	53019
a parenting time order or decree issued under that section,	53020
section 3109.12 of the Revised Code, or any other provision of the	53021
Revised Code.	53022

(b) If a parent who is the residential parent of a child has	53023
presented the administrator or the administrator's designee with a	53024
copy of a parenting time order that limits the terms and	53025
conditions under which the parent who is not the residential	53026
parent is to have access to the center, as described in division	53027
(I) of section 3109.051 of the Revised Code, the parent who is not	53028
the residential parent shall be provided access to the center only	53029
to the extent authorized in the order. If the residential parent	53030
has presented such an order, the parent who is not the residential	53031
parent shall be permitted access to the center only in accordance	53032
with the most recent order that has been presented to the	53033
administrator or the administrator's designee by the residential	53034
parent or the parent who is not the residential parent.	53035

(c) Upon entering the premises pursuant to division (C)(3)(a)	53036
or (b) of this section, the parent who is the residential parent	53037
and legal custodian, the parent who is not the residential parent,	53038
or the custodian or guardian shall notify the administrator or the	53039
administrator's designee of the parent's, custodian's, or	53040
guardian's presence.	53041

(D) The director of job and family services, in addition to	53042
the rules adopted under division (A) of this section, shall adopt	53043
rules establishing minimum requirements for child day-care	53044
centers. The rules shall include, but not be limited to, the	53045
requirements set forth in divisions (B) and (C) of this section.	53046
Except as provided in section 5104.07 of the Revised Code, the	53047
rules shall not change the square footage requirements of division	53048
(B)(1) or (2) of this section; the maximum number of children per	53049
child-care staff member and maximum group size requirements of	53050
division (B)(3) of this section; the educational and experience	53051
requirements of division (B)(4) of this section; the age,	53052
educational, and experience requirements of division (B)(5) of	53053
this section; the number of inservice training hours required	53054
under division (B)(6) of this section; or the requirement for at	53055
least annual preparation of a roster for each group of children of	53056
names and telephone numbers of parents, custodians, or guardians	53057
of each group of children attending the center that must be	53058
furnished upon request to any parent, custodian, or guardian of	53059
any child in that group required under division (B)(7) of this	53060
section; however, the rules shall provide procedures for	53061
determining compliance with those requirements.	53062

(E)(1) When age groups are combined, the maximum number of	53063
children per child-care staff member shall be determined by the	53064
age of the youngest child in the group, except that when no more	53065
than one child thirty months of age or older receives services in	53066
a group in which all the other children are in the next older age	53067
group, the maximum number of children per child-care staff member	53068
and maximum group size requirements of the older age group	53069
established under division (B)(3) of this section shall apply.	53070

(2) The maximum number of toddlers or preschool children per	53071
child-care staff member in a room where children are napping shall	53072
be twice the maximum number of children per child-care staff	53073
member established under division (B)(3) of this section if all	53074
the following criteria are met:	53075

(a) At least one child-care staff member is present in the	53076
room.	53077

(b) Sufficient child-care staff members are on the child	53078
day-care center premises to meet the maximum number of children	53079
per child-care staff member requirements established under	53080
division (B)(3) of this section.	53081

(c) Naptime preparations are complete and all napping	53082
children are resting or sleeping on cots.	53083

(d) The maximum number established under division (E)(2) of	53084
this section is in effect for no more than one and one-half hours	53085
during a twenty-four-hour day.	53086

(F) The director of job and family services shall adopt rules	53087
pursuant to Chapter 119. of the Revised Code governing the	53088
operation of type A family day-care homes, including, but not	53089
limited to, parent cooperative type A homes, part-time type A	53090
homes, drop-in type A homes, and school child type A homes, which	53091
shall reflect the various forms of child day-care and the needs of	53092
children receiving child day-care. The rules shall include the	53093
following:	53094

(1) Submission of a site plan and descriptive plan of	53095
operation to demonstrate how the type A home proposes to meet the	53096
requirements of this chapter and rules adopted pursuant to this	53097
chapter for the initial license application;	53098

(2) Standards for ensuring that the physical surroundings of	53099
the type A home are safe and sanitary, including, but not limited	53100
to, the physical environment, the physical plant, and the	53101
equipment of the type A home;	53102

(3) Standards for the supervision, care, and discipline of	53103
children receiving child day-care or publicly funded child	53104
day-care in the type A home;	53105

(4) Standards for a program of activities, and for play	53106
equipment, materials, and supplies, to enhance the development of	53107
each child; however, any educational curricula, philosophies, and	53108
methodologies that are developmentally appropriate and that	53109
enhance the social, emotional, intellectual, and physical	53110
development of each child shall be permissible;	53111

(5) Admissions policies and procedures, health care policies	53112
and procedures, including, but not limited to, procedures for the	53113
isolation of children with communicable diseases, first aid and	53114
emergency procedures, procedures for discipline and supervision of	53115
children, standards for the provision of nutritious meals and	53116
snacks, and procedures for screening children and employees,	53117
including, but not limited to, any necessary physical examinations	53118
and immunizations;	53119

(6) Methods for encouraging parental participation in the	53120
type A home and methods for ensuring that the rights of children,	53121
parents, and employees are protected and that the responsibilities	53122
of parents and employees are met;	53123

(7) Procedures for ensuring the safety and adequate	53124
supervision of children traveling off the premises of the type A	53125
home while under the care of a type A home employee;	53126

(8) Procedures for record keeping, organization, and	53127
administration;	53128

(9) Procedures for issuing, renewing, denying, and revoking a	53129
license that are not otherwise provided for in Chapter 119. of the	53130
Revised Code;	53131

(10) Inspection procedures;

53132

(11) Procedures and standards for setting initial and renewal	53133
license application fees;	53134

(12) Procedures for receiving, recording, and responding to	53135
complaints about type A homes;	53136

(13) Procedures for enforcing section 5104.04 of the Revised	53137
Code;	53138

(14) A standard requiring the inclusion, on or after July 1,	53139
1987, of a current department of job and family services toll-free	53140
telephone number on each type A home provisional license or	53141
license which any person may use to report a suspected violation	53142
by the type A home of this chapter or rules adopted pursuant this	53143
chapter;	53144

(15) Requirements for the training of administrators and	53145
child-care staff members in first aid, in prevention, recognition,	53146
and management of communicable diseases, and in child abuse	53147
recognition and prevention;	53148

(16) Procedures to be used by licensees for checking the	53149
references of potential employees of type A homes and procedures	53150
to be used by the director for checking the references of	53151
applicants for licenses to operate type A homes;	53152

(17) Standards providing for the special needs of children	53153
who are handicapped or who require treatment for health conditions	53154
while the child is receiving child day-care or publicly funded	53155
child day-care in the type A home;	53156

(18) Standards for the maximum number of children per	53157
child-care staff member;	53158

(19) Requirements for the amount of usable indoor floor space	53159
for each child;	53160

(20) Requirements for safe outdoor play space;

53161

(21) Qualifications and training requirements for	53162
administrators and for child-care staff members;	53163

(22) Procedures for granting a parent who is the residential	53164
parent and legal custodian, or a custodian or guardian access to	53165
the type A home during its hours of operation;	53166

(23) Standards for the preparation and distribution of a	53167
roster of parents, custodians, and guardians;	53168

(24) Any other procedures and standards necessary to carry	53169
out this chapter.	53170

(G) The director of job and family services shall adopt rules	53171
pursuant to Chapter 119. of the Revised Code governing the	53172
certification of type B family day-care homes.	53173

(1) The rules shall include procedures, standards, and other	53174
necessary provisions for granting limited certification to type B	53175
family day-care homes that are operated by the following adult	53176
providers:	53177

(a) Persons who provide child day-care for eligible children	53178
who are great-grandchildren, grandchildren, nieces, nephews, or	53179
siblings of the provider or for eligible children whose caretaker	53180
parent is a grandchild, child, niece, nephew, or sibling of the	53181
provider;	53182

(b) Persons who provide child day-care for eligible children	53183
all of whom are the children of the same caretaker parent.	53184

The rules shall require, and shall include procedures for the	53185
director to ensure, that type B family day-care homes that receive	53186
a limited certification provide child day-care to children in a	53187
safe and sanitary manner. With regard to providers who apply for	53188
limited certification, a provider shall be granted a provisional	53189
limited certification on signing a declaration under oath	53190
attesting that the provider meets the standards for limited	53191
certification. Such provisional limited certifications shall	53192
remain in effect for no more than sixty calendar days and shall	53193
entitle the provider to offer publicly funded child day-care	53194
during the provisional period. Except as otherwise provided in	53195
division (G)(1) of this section, prior to the expiration of the	53196
provisional limited certificate, a county department of job and	53197
family services shall inspect the home and shall grant limited	53198
certification to the provider if the provider meets the	53199
requirements of this division. Limited certificates remain valid	53200
for two years unless earlier revoked. Except as otherwise provided	53201
in division (G)(1) of this section, providers operating under	53202
limited certification shall be inspected annually.	53203

If a provider is a person described in division (G)(1)(a) of	53204
this section or a person described in division (G)(1)(b) of this	53205
section who is a friend of the caretaker parent, the provider and	53206
the caretaker parent may verify in writing to the county	53207
department of job and family services that minimum health and	53208
safety requirements are being met in the home. If such	53209
verification is provided, the county shall waive any inspection	53210
and any criminal records check required by this chapter and grant	53211
limited certification to the provider.	53212

(2) The rules shall provide for safeguarding the health,	53213
safety, and welfare of children receiving child day-care or	53214
publicly funded child day-care in a certified type B home and	53215
shall include the following:	53216

(a) Standards for ensuring that the type B home and the	53217
physical surroundings of the type B home are safe and sanitary,	53218
including, but not limited to, physical environment, physical	53219
plant, and equipment;	53220

(b) Standards for the supervision, care, and discipline of	53221
children receiving child day-care or publicly funded child	53222
day-care in the home;	53223

(c) Standards for a program of activities, and for play	53224
equipment, materials, and supplies to enhance the development of	53225
each child; however, any educational curricula, philosophies, and	53226
methodologies that are developmentally appropriate and that	53227
enhance the social, emotional, intellectual, and physical	53228
development of each child shall be permissible;	53229

(d) Admission policies and procedures, health care, first aid	53230
and emergency procedures, procedures for the care of sick	53231
children, procedures for discipline and supervision of children,	53232
nutritional standards, and procedures for screening children and	53233
authorized providers, including, but not limited to, any necessary	53234
physical examinations and immunizations;	53235

(e) Methods of encouraging parental participation and	53236
ensuring that the rights of children, parents, and authorized	53237
providers are protected and the responsibilities of parents and	53238
authorized providers are met;	53239

(f) Standards for the safe transport of children when under	53240
the care of authorized providers;	53241

(g) Procedures for issuing, renewing, denying, refusing to	53242
renew, or revoking certificates;	53243

(h) Procedures for the inspection of type B family day-care	53244
homes that require, at a minimum, that each type B family day-care	53245
home be inspected prior to certification to ensure that the home	53246
is safe and sanitary;	53247

(i) Procedures for record keeping and evaluation;

53248

(j) Procedures for receiving, recording, and responding to	53249
complaints;	53250

(k) Standards providing for the special needs of children who	53251
are handicapped or who receive treatment for health conditions	53252
while the child is receiving child day-care or publicly funded	53253
child day-care in the type B home;	53254

(l) Requirements for the amount of usable indoor floor space	53255
for each child;	53256

(m) Requirements for safe outdoor play space;

53257

(n) Qualification and training requirements for authorized	53258
providers;	53259

(o) Procedures for granting a parent who is the residential	53260
parent and legal custodian, or a custodian or guardian access to	53261
the type B home during its hours of operation;	53262

(p) Any other procedures and standards necessary to carry out	53263
this chapter.	53264

(H) The director shall adopt rules pursuant to Chapter 119.	53265
of the Revised Code governing the certification of in-home aides.	53266
The rules shall include procedures, standards, and other necessary	53267
provisions for granting limited certification to in-home aides who	53268
provide child day-care for eligible children who are	53269
great-grandchildren, grandchildren, nieces, nephews, or siblings	53270
of the in-home aide or for eligible children whose caretaker	53271
parent is a grandchild, child, niece, nephew, or sibling of the	53272
in-home aide. The rules shall require, and shall include	53273
procedures for the director to ensure, that in-home aides that	53274
receive a limited certification provide child day-care to children	53275
in a safe and sanitary manner. The rules shall provide for	53276
safeguarding the health, safety, and welfare of children receiving	53277
publicly funded child day-care in their own home and shall include	53278
the following:	53279

(1) Standards for ensuring that the child's home and the	53280
physical surroundings of the child's home are safe and sanitary,	53281
including, but not limited to, physical environment, physical	53282
plant, and equipment;	53283

(2) Standards for the supervision, care, and discipline of	53284
children receiving publicly funded child day-care in their own	53285
home;	53286

(3) Standards for a program of activities, and for play	53287
equipment, materials, and supplies to enhance the development of	53288
each child; however, any educational curricula, philosophies, and	53289
methodologies that are developmentally appropriate and that	53290
enhance the social, emotional, intellectual, and physical	53291
development of each child shall be permissible;	53292

(4) Health care, first aid, and emergency procedures,	53293
procedures for the care of sick children, procedures for	53294
discipline and supervision of children, nutritional standards, and	53295
procedures for screening children and in-home aides, including,	53296
but not limited to, any necessary physical examinations and	53297
immunizations;	53298

(5) Methods of encouraging parental participation and	53299
ensuring that the rights of children, parents, and in-home aides	53300
are protected and the responsibilities of parents and in-home	53301
aides are met;	53302

(6) Standards for the safe transport of children when under	53303
the care of in-home aides;	53304

(7) Procedures for issuing, renewing, denying, refusing to	53305
renew, or revoking certificates;	53306

(8) Procedures for inspection of homes of children receiving	53307
publicly funded child day-care in their own homes;	53308

(9) Procedures for record keeping and evaluation;

53309

(10) Procedures for receiving, recording, and responding to	53310
complaints;	53311

(11) Qualifications and training requirements for in-home	53312
aides;	53313

(12) Standards providing for the special needs of children	53314
who are handicapped or who receive treatment for health conditions	53315
while the child is receiving publicly funded child day-care in the	53316
child's own home;	53317

(13) Any other procedures and standards necessary to carry	53318
out this chapter.	53319

(I) To the extent that any rules adopted for the purposes of	53320
this section require a health care professional to perform a	53321
physical examination, the rules shall include as a health care	53322
professional a physician assistant, a clinical nurse specialist, a	53323
certified nurse practitioner, or a certified nurse-midwife.	53324

(J)(1) The director of job and family services shall send	53325
copiesdo all of the following:	53326

(a) Send to each licensee notice of proposed rules to each	53327
licensee and each county director of job and family services and	53328
shall givegoverning the licensure of child day-care centers and	53329
type A homes;	53330

(b) Give public notice of hearings regarding the rules to	53331
each licensee and each county director of job and family services	53332
at least thirty days prior to the date of the public hearing, in	53333
accordance with section 119.03 of the Revised Code.;	53334

(c) Prior to the effective date of a rule, the director of	53335
job and family services shall provide copies, in either paper or	53336
electronic form, a copy of the adopted rule to each licensee and	53337
each county director of job and family services.	53338

(2) The director shall do all of the following:

53339

(a) Send to each county director of job and family services a	53340
notice of proposed rules governing the certification of type B	53341
family homes and in-home aides that includes an internet web site	53342
address where the proposed rules can be viewed;	53343

(b) Give public notice of hearings regarding the proposed	53344
rules not less than thirty days in advance;	53345

(c) Provide to each county director of job and family	53346
services an electronic copy of each adopted rule prior to the	53347
rule's effective date.	53348

(3) The county director of job and family services shall send	53349
copies of proposed rules to each authorized provider and in-home	53350
aide and shall give public notice of hearings regarding the rules	53351
to each authorized provider and in-home aide at least thirty days	53352
prior to the date of the public hearing, in accordance with	53353
section 119.03 of the Revised Code. Prior to the effective date of	53354
a rule, the county director of job and family services shall	53355
provide copies of the adopted rule to each authorized provider and	53356
in-home aide.	53357

(4) Additional copies of proposed and adopted rules shall be	53358
made available by the director of job and family services to the	53359
public on request at no charge.	53360

(K) The director of job and family services shall review all	53361
rules adopted pursuant to this chapter at least once every seven	53362
years.	53363

(L) Notwithstanding any provision of the Revised Code, the	53364
director of job and family services shall not regulate in any way	53365
under this chapter or rules adopted pursuant to this chapter,	53366
instruction in religious or moral doctrines, beliefs, or values.	53367

Sec. 5104.02.  (A) The director of job and family services is	53368
responsible for the licensing of child day-care centers and type A	53369
family day-care homes, and for the enforcement of this chapter and	53370
of rules promulgated pursuant to this chapter. No person, firm,	53371
organization, institution, or agency shall operate, establish,	53372
manage, conduct, or maintain a child day-care center or type A	53373
family day-care home without a license issued under section	53374
5104.03 of the Revised Code. The current license shall be posted	53375
in a conspicuous place in the center or type A home that is	53376
accessible to parents, custodians, or guardians and employees of	53377
the center or type A home at all times when the center or type A	53378
home is in operation.	53379

(B) A person, firm, institution, organization, or agency	53380
operating any of the following programs is exempt from the	53381
requirements of this chapter:	53382

(1) A program of child day-care that operates for two or less	53383
consecutive weeks;	53384

(2) Child day-care in places of worship during religious	53385
activities during which children are cared for while at least one	53386
parent, guardian, or custodian of each child is participating in	53387
such activities and is readily available;	53388

(3) Religious activities which do not provide child day-care;

53389

(4) Supervised training, instruction, or activities of	53390
children in specific areas, including, but not limited to: art;	53391
drama; dance; music; gymnastics, swimming, or another athletic	53392
skill or sport; computers; or an educational subject conducted on	53393
an organized or periodic basis no more than one day a week and for	53394
no more than six hours duration;	53395

(5) Programs in which the director determines that at least	53396
one parent, custodian, or guardian of each child is on the	53397
premises of the facility offering child day-care and is readily	53398
accessible at all times, except that child day-care provided on	53399
the premises at which a parent, custodian, or guardian is employed	53400
more than two and one-half hours a day shall be licensed in	53401
accordance with division (A) of this section;	53402

(6)(a) Programs that provide child day-care funded and	53403
regulated or operated and regulated by state departments other	53404
than the department of job and family services or the state board	53405
of education when the director of job and family services has	53406
determined that the rules governing the program are equivalent to	53407
or exceed the rules promulgated pursuant to this chapter.	53408

Notwithstanding any exemption from regulation under this	53409
chapter, each state department shall submit to the director of job	53410
and family services a copy of the rules that govern programs that	53411
provide child day-care and are regulated or operated and regulated	53412
by the department. Annually, each state department shall submit to	53413
the director a report for each such program it regulates or	53414
operates and regulates that includes the following information:	53415

(i) The site location of the program;

53416

(ii) The maximum number of infants, toddlers, preschool	53417
children, or school children served by the program at one time;	53418

(iii) The number of adults providing child day-care for the	53419
number of infants, toddlers, preschool children, or school	53420
children;	53421

(iv) Any changes in the rules made subsequent to the time	53422
when the rules were initially submitted to the director.	53423

The director shall maintain a record of the child day-care	53424
information submitted by other state departments and shall provide	53425
this information upon request to the general assembly or the	53426
public.	53427

(b) Child day-care programs conducted by boards of education	53428
or by chartered nonpublic schools that are conducted in school	53429
buildings and that provide child day-care to school children only	53430
shall be exempt from meeting or exceeding rules promulgated	53431
pursuant to this chapter.	53432

(7) Any preschool program or school child program, except a	53433
head start program, that is subject to licensure by the department	53434
of education under sections 3301.52 to 3301.59 of the Revised	53435
Code.	53436

(8) Any program providing child day-care that meets all of	53437
the following requirements and, on October 20, 1987, was being	53438
operated by a nonpublic school that holds a charter issued by the	53439
state board of education for kindergarten only:	53440

(a) The nonpublic school has given the notice to the state	53441
board and the director of job and family services required by	53442
Section 4 of Substitute House Bill No. 253 of the 117th general	53443
assembly;	53444

(b) The nonpublic school continues to be chartered by the	53445
state board for kindergarten, or receives and continues to hold a	53446
charter from the state board for kindergarten through grade five;	53447

(c) The program is conducted in a school building;

53448

(d) The program is operated in accordance with rules	53449
promulgated by the state board under sections 3301.52 to 3301.57	53450
of the Revised Code.	53451

(9) A youth development program operated outside of school	53452
hours by a community-based center to which all of the following	53453
apply:	53454

(a) The children enrolled in the program are under nineteen	53455
years of age and enrolled in or eligible to be enrolled in a grade	53456
of kindergarten or above.	53457

(b) The program provides informal child care and at least two	53458
of the following supervised activities: educational, recreational,	53459
culturally enriching, social, and personal development activities.	53460

(c) The state board of education has approved the program's	53461
participation in the child and adult care food program as an	53462
outside-school-hours care center pursuant to standards established	53463
under section 3313.813 of the Revised Code.	53464

(d) The community-based center operating the program is	53465
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	53466
and (c)(3).	53467

Sec. 5104.04.  (A) The department of job and family services	53468
shall establish procedures to be followed in investigating,	53469
inspecting, and licensing child day-care centers and type A family	53470
day-care homes.	53471

(B)(1) The department shall, at least twice during every	53472
twelve-month period of operation of a center or type A home,	53473
inspect the center or type A home. The department shall inspect a	53474
part-time center or part-time type A home at least once during	53475
every twelve-month period of operation. The department shall	53476
provide a written inspection report to the licensee within a	53477
reasonable time after each inspection. The licensee shall display	53478
all written reports of inspections conducted during the current	53479
licensing period in a conspicuous place in the center or type A	53480
home.	53481

At least one inspection shall be unannounced and all	53482
inspections may be unannounced. No person, firm, organization,	53483
institution, or agency shall interfere with the inspection of a	53484
center or type A home by any state or local official engaged in	53485
performing duties required of the state or local official by	53486
Chapter 5104. of the Revised Code or rules adopted pursuant to	53487
Chapter 5104. of the Revised Code, including inspecting the center	53488
or type A home, reviewing records, or interviewing licensees,	53489
employees, children, or parents.	53490

Upon receipt of any complaint that a center or type A home is	53491
out of compliance with the requirements of Chapter 5104. of the	53492
Revised Code or rules adopted pursuant to Chapter 5104. of the	53493
Revised Code, the department shall investigate and may inspect a	53494
center or type A home.	53495

(2) If the department implements an instrument-based program	53496
monitoring information system, it may use an indicator checklist	53497
to comply with division (B)(1) of this section.	53498

(3) The department shall, at least once during every	53499
twelve-month period of operation of a center or type A home,	53500
collect information concerning the amounts charged by the center	53501
or home for providing child day-care services for use in	53502
establishing rates of reimbursement and payment pursuant to	53503
section 5104.30 of the Revised Code.	53504

(C) In the event a licensed center or type A home is	53505
determined to be out of compliance with the requirements of	53506
Chapter 5104. of the Revised Code or rules adopted pursuant to	53507
Chapter 5104. of the Revised Code, the department shall notify the	53508
licensee of the center or type A home in writing regarding the	53509
nature of the violation, what must be done to correct the	53510
violation, and by what date the correction must be made. If the	53511
correction is not made by the date established by the department,	53512
the department may commence action under Chapter 119. of the	53513
Revised Code to revoke the license.	53514

(D) The department may deny or revoke a license, or refuse to	53515
renew a license of a center or type A home, if the applicant	53516
knowingly makes a false statement on the application, does not	53517
comply with the requirements of Chapter 5104. or rules adopted	53518
pursuant to Chapter 5104. of the Revised Code, or has pleaded	53519
guilty to or been convicted of an offense described in section	53520
5104.09 of the Revised Code.	53521

(E) If the department finds, after notice and hearing	53522
pursuant to Chapter 119. of the Revised Code, that any person,	53523
firm, organization, institution, or agency licensed under section	53524
5104.03 of the Revised Code is in violation of any provision of	53525
Chapter 5104. of the Revised Code or rules adopted pursuant to	53526
Chapter 5104. of the Revised Code, the department may issue an	53527
order of revocation to the center or type A home revoking the	53528
license previously issued by the department. Upon the issuance of	53529
any order of revocation, the person whose license is revoked may	53530
appeal in accordance with section 119.12 of the Revised Code.	53531

(F) The surrender of a center or type A home license to the	53532
department or the withdrawal of an application for licensure by	53533
the owner or administrator of the center or type A home shall not	53534
prohibit the department from instituting any of the actions set	53535
forth in this section.	53536

(G) Whenever the department receives a complaint, is advised,	53537
or otherwise has any reason to believe that a center or type A	53538
home is providing child day-care without a license issued or	53539
renewed pursuant to section 5104.03 and is not exempt from	53540
licensing pursuant to section 5104.02 of the Revised Code, the	53541
department shall investigate the center or type A home and may	53542
inspect the areas children have access to or areas necessary for	53543
the care of children in the center or type A home during suspected	53544
hours of operation to determine whether the center or type A home	53545
is subject to the requirements of Chapter 5104. or rules adopted	53546
pursuant to Chapter 5104. of the Revised Code.	53547

(H) The department, upon determining that the center or type	53548
A home is operating without a license, shall notify the attorney	53549
general, the prosecuting attorney of the county in which the	53550
center or type A home is located, or the city attorney, village	53551
solicitor, or other chief legal officer of the municipal	53552
corporation in which the center or type A home is located, that	53553
the center or type A home is operating without a license. Upon	53554
receipt of the notification, the attorney general, prosecuting	53555
attorney, city attorney, village solicitor, or other chief legal	53556
officer of a municipal corporation shall file a complaint in the	53557
court of common pleas of the county in which the center or type A	53558
home is located requesting that the court grant an order enjoining	53559
the owner from operating the center or type A home. The court	53560
shall grant such injunctive relief upon a showing that the	53561
respondent named in the complaint is operating a center or type A	53562
home and is doing so without a license.	53563

(I) The department shall prepare an annual report on	53564
inspections conducted under this section. The report shall include	53565
the number of inspections conducted, the number and types of	53566
violations found, and the steps taken to address the violations.	53567
The department shall file the report with the governor, the	53568
president and minority leader of the senate, and the speaker and	53569
minority leader of the house of representatives on or before the	53570
first day of January of each year, beginning in 1999.	53571

Sec. 5104.30.  (A) The department of job and family services	53572
is hereby designated as the state agency responsible for	53573
administration and coordination of federal and state funding for	53574
publicly funded child day-care in this state. Publicly funded	53575
child day-care shall be provided to the following:	53576

(1) Recipients of transitional child day-care as provided	53577
under section 5104.34 of the Revised Code;	53578

(2) Participants in the Ohio works first program established	53579
under Chapter 5107. of the Revised Code;	53580

(3) Individuals who would be participating in the Ohio works	53581
first program if not for a sanction under section 5107.16 of the	53582
Revised Code and who continue to participate in a work activity,	53583
developmental activity, or alternative work activity pursuant to	53584
an assignment under section 5107.42 of the Revised Code;	53585

(4) A family receiving publicly funded child day-care on	53586
October 1, 1997, until the family's income reaches one hundred	53587
fifty per cent of the federal poverty line;	53588

(5) Subject to available funds, other individuals determined	53589
eligible in accordance with rules adopted under section 5104.38 of	53590
the Revised Code.	53591

The department shall apply to the United States department of	53592
health and human services for authority to operate a coordinated	53593
program for publicly funded child day-care, if the director of job	53594
and family services determines that the application is necessary.	53595
For purposes of this section, the department of job and family	53596
services may enter into agreements with other state agencies that	53597
are involved in regulation or funding of child day-care. The	53598
department shall consider the special needs of migrant workers	53599
when it administers and coordinates publicly funded child day-care	53600
and shall develop appropriate procedures for accommodating the	53601
needs of migrant workers for publicly funded child day-care.	53602

(B) The department of job and family services shall	53603
distribute state and federal funds for publicly funded child	53604
day-care, including appropriations of state funds for publicly	53605
funded child day-care and appropriations of federal funds for	53606
publicly funded child day-careavailable under Title XX of the	53607
"Social Security Act," 88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as	53608
amended, and the child care block grant act, Title IV-A, and Title	53609
XX. The department may use any state funds appropriated for	53610
publicly funded child day-care as the state share required to	53611
match any federal funds appropriated for publicly funded child	53612
day-care.	53613

(C) The department mayIn the use of federal funds available	53614
under the child care block grant act, all of the following apply:	53615

(1) The department may use the federal funds to hire staff to	53616
prepare any rules required under this chapter and to administer	53617
and coordinate federal and state funding for publicly funded child	53618
day-care.	53619

(2) Not more than five per cent of the aggregate amount of	53620
thosethe federal funds received for a fiscal year may be expended	53621
for administrative costs. The	53622

(3) The department shall allocate and use at least four per	53623
cent of the federal funds for the following:	53624

(1)(a) Activities designed to provide comprehensive consumer	53625
education to parents and the public;	53626

(2)(b) Activities that increase parental choice;

53627

(3)(c) Activities, including child day-care resource and	53628
referral services, designed to improve the quality, and increase	53629
the supply, of child day-care.	53630

(D)(4) The department shall ensure that anythe federal funds	53631
received by the state under the child care block grant act will be	53632
used only to supplement, and will not be used to supplant,	53633
federal, state, and local funds available on the effective date of	53634
thatthe child care block grant act for publicly funded child	53635
day-care and related programs. A county department of job and	53636
family services may purchase child day-care from funds obtained	53637
through any other means.	53638

(E)(D) The department shall encourage the development of	53639
suitable child day-care throughout the state, especially in areas	53640
with high concentrations of recipients of public assistance and	53641
families with low incomes. The department shall encourage the	53642
development of suitable child day-care designed to accommodate the	53643
special needs of migrant workers. On request, the department,	53644
through its employees or contracts with state or community child	53645
day-care resource and referral service organizations, shall	53646
provide consultation to groups and individuals interested in	53647
developing child day-care. The department of job and family	53648
services may enter into interagency agreements with the department	53649
of education, the board of regents, the department of development,	53650
and other state agencies and entities whenever the cooperative	53651
efforts of the other state agencies and entities are necessary for	53652
the department of job and family services to fulfill its duties	53653
and responsibilities under this chapter.	53654

The department may develop and maintain a registry of persons	53655
providing child day-care. The director may adopt rules pursuant to	53656
Chapter 119. of the Revised Code establishing procedures and	53657
requirements for the registry's administration.	53658

(F)(E)(1) The director shall adopt rules in accordance with	53659
Chapter 119. of the Revised Code establishing both of the	53660
following:	53661

(a) Reimbursement ceilings for providers of publicly funded	53662
child day-care;	53663

(b) A procedure for reimbursing and paying providers of	53664
publicly funded child day-care.	53665

(2) In establishing reimbursement ceilings under division	53666
(F)(E)(1)(a) of this section, the director shall do all of the	53667
following:	53668

(a) Use the information obtained under division (B)(3) of	53669
section 5104.04 of the Revised Code;	53670

(b) Establish an enhanced reimbursement ceiling for providers	53671
who provide child day-care for caretaker parents who work	53672
nontraditional hours;	53673

(c) For a type B family day-care home provider that has	53674
received limited certification pursuant to rules adopted under	53675
division (G)(1) of section 5104.011 of the Revised Code, establish	53676
a reimbursement ceiling that is the following:	53677

(i) If the provider is a person described in division	53678
(G)(1)(a) of section 5104.011 of the Revised Code, seventy-five	53679
per cent of the reimbursement ceiling that applies to a type B	53680
family day-care home certified by the same county department of	53681
job and family services pursuant to section 5104.11 of the Revised	53682
Code;	53683

(ii) If the provider is a person described in division	53684
(G)(1)(b) of section 5104.011 of the Revised Code, sixty per cent	53685
of the reimbursement ceiling that applies to a type B family	53686
day-care home certified by the same county department pursuant to	53687
section 5104.11 of the Revised Code.	53688

(3) In establishing reimbursement ceilings under division	53689
(F)(E)(1)(a) of this section, the director may establish different	53690
reimbursement ceilings based on any of the following:	53691

(a) Geographic location of the provider;

53692

(b) Type of care provided;

53693

(c) Age of the child served;

53694

(d) Special needs of the child served;

53695

(e) Whether the expanded hours of service are provided;

53696

(f) Whether weekend service is provided;

53697

(g) Whether the provider has exceeded the minimum	53698
requirements of state statutes and rules governing child day-care;	53699

(h) Any other factors the director considers appropriate.

53700

Sec. 5104.32.  (A) Except as provided in division (C) of this	53701
section, all purchases of publicly funded child day-care shall be	53702
made under a contract entered into by a licensed child day-care	53703
center, licensed type A family day-care home, certified type B	53704
family day-care home, certified in-home aide, approved child day	53705
camp, licensed preschool program, licensed school child program,	53706
or border state child day-care provider and the county department	53707
of job and family services. A county department of job and family	53708
services may enter into a contract with a provider for publicly	53709
funded child day-care for a specified period of time or upon a	53710
continuous basis for an unspecified period of time. All contracts	53711
for publicly funded child day-care shall be contingent upon the	53712
availability of state and federal funds. The department of job and	53713
family services shall prescribe a standard form to be used for all	53714
contracts for the purchase of publicly funded child day-care,	53715
regardless of the source of public funds used to purchase the	53716
child day-care. To the extent permitted by federal law and	53717
notwithstanding any other provision of the Revised Code that	53718
regulates state or county contracts or contracts involving the	53719
expenditure of state, county, or federal funds, all contracts for	53720
publicly funded child day-care shall be entered into in accordance	53721
with the provisions of this chapter and are exempt from any other	53722
provision of the Revised Code that regulates state or county	53723
contracts or contracts involving the expenditure of state, county,	53724
or federal funds.	53725

(B) Each contract for publicly funded child day-care shall	53726
specify at least the following:	53727

(1) That the provider of publicly funded child day-care	53728
agrees to be paid for rendering services at the lowest of the rate	53729
customarily charged by the provider for children enrolled for	53730
child day-care, the reimbursement ceiling or rate of payment	53731
established pursuant to section 5104.30 of the Revised Code, or a	53732
rate the county department negotiates with the provider;	53733

(2) That, if a provider provides child day-care to an	53734
individual potentially eligible for publicly funded child day-care	53735
who is subsequently determined to be eligible, the county	53736
department agrees to pay for all child day-care provided between	53737
the date the county department receives the individual's completed	53738
application and the date the individual's eligibility is	53739
determined;	53740

(3) Whether the county department of job and family services,	53741
the provider, or a child day-care resource and referral service	53742
organization will make eligibility determinations, whether the	53743
provider or a child day-care resource and referral service	53744
organization will be required to collect information to be used by	53745
the county department to make eligibility determinations, and the	53746
time period within which the provider or child day-care resource	53747
and referral service organization is required to complete required	53748
eligibility determinations or to transmit to the county department	53749
any information collected for the purpose of making eligibility	53750
determinations;	53751

(4) That the provider, other than a border state child	53752
day-care provider or except as provided in division (B) of section	53753
3301.37 of the Revised Code, shall continue to be licensed,	53754
approved, or certified pursuant to this chapter or sections	53755
3301.52 to 3301.59 of the Revised Code and shall comply with all	53756
standards and other requirements in this chapter and those	53757
sections and in rules adopted pursuant to this chapter or those	53758
sections for maintaining the provider's license, approval, or	53759
certification;	53760

(5) That, in the case of a border state child day-care	53761
provider, the provider shall continue to be licensed, certified,	53762
or otherwise approved by the state in which the provider is	53763
located and shall comply with all standards and other requirements	53764
established by that state for maintaining the provider's license,	53765
certificate, or other approval;	53766

(6) Whether the provider will be paid by the county	53767
department of job and family services or the state department of	53768
job and family services;	53769

(7) That the contract is subject to the availability of state	53770
and federal funds.	53771

(C) Unless specifically prohibited by federal law, the county	53772
department of job and family services shall give individuals	53773
eligible for publicly funded child day-care the option of	53774
obtaining certificates for payment that the individual may use to	53775
purchase services from any provider qualified to provide publicly	53776
funded child day-care under section 5104.31 of the Revised Code.	53777
Providers of publicly funded child day-care may present these	53778
certificates for payment for reimbursement in accordance with	53779
rules that the director of job and family services shall adopt.	53780
Only providers may receive reimbursement for certificates for	53781
payment. The value of the certificate for payment shall be based	53782
on the lowest of the rate customarily charged by the provider, the	53783
reimbursement ceiling or rate of payment established pursuant to	53784
section 5104.30 of the Revised Code, or a rate the county	53785
department negotiates with the provider. The county department may	53786
provide the certificates for payment to the individuals or may	53787
contract with child day-care providers or child day-care resource	53788
and referral service organizations that make determinations of	53789
eligibility for publicly funded child day-care pursuant to	53790
contracts entered into under section 5104.34 of the Revised Code	53791
for the providers or resource and referral service organizations	53792
to provide the certificates for payment to individuals whom they	53793
determine are eligible for publicly funded child day-care.	53794

For each six-month period a provider of publicly funded child	53795
day-care provides publicly funded child day-care to the child of	53796
an individual given certificates offor payment, the individual	53797
shall provide the provider certificates for days the provider	53798
would have provided publicly funded child day-care to the child	53799
had the child been present. County departments shall specify the	53800
maximum number of days providers will be provided certificates of	53801
payment for days the provider would have provided publicly funded	53802
child day-care had the child been present. The maximum number of	53803
days shall not exceed ten days in a six-month period during which	53804
publicly funded child day-care is provided to the child regardless	53805
of the number of providers that provide publicly funded child	53806
day-care to the child during that period.	53807

Sec. 5107.02.  As used in this chapter:

53808

(A) "Adult" means an individual who is not a minor child.

53809

(B) "Assistance group" means a group of individuals treated	53810
as a unit for purposes of determining eligibility for and the	53811
amount of assistance provided under Ohio works first.	53812

(C) "Custodian" means an individual who has legal custody, as	53813
defined in section 2151.011 of the Revised Code, of a minor child	53814
or comparable status over a minor child created by a court of	53815
competent jurisdiction in another state.	53816

(D) "Guardian" means an individual that is granted authority	53817
by a probate court pursuant to Chapter 2111. of the Revised Code,	53818
or a court of competent jurisdiction in another state, to exercise	53819
parental rights over a minor child to the extent provided in the	53820
court's order and subject to residual parental rights of the minor	53821
child's parents.	53822

(E) "Minor child" means either of the following:

53823

(1) An individual who has not attained age eighteen;

53824

(2) An individual who has not attained age nineteen and is a	53825
full-time student in a secondary school or in the equivalent level	53826
of vocational or technical training.	53827

(F) "Minor head of household" means a minor child who is	53828
either of the following:	53829

(1) AtIs married, at least six months pregnant, and a member	53830
of an assistance group that does not include an adult;	53831

(2) AIs married and is a parent of a child included in the	53832
same assistance group that does not include an adult.	53833

(G) "Ohio works first" means the program established by this	53834
chapter known as temporary assistance for needy families in Title	53835
IV-A.	53836

(H) "Payment standard" means the amount specified in rules	53837
adopted under section 5107.05 of the Revised Code that is the	53838
maximum amount of cash assistance an assistance group may receive	53839
under Ohio works first from state and federal funds.	53840

(I) "Specified relative" means the following individuals who	53841
are age eighteen or older:	53842

(1) The following individuals related by blood or adoption:

53843

(a) Grandparents, including grandparents with the prefix	53844
"great," "great-great," or "great-great-great";	53845

(b) Siblings;

53846

(c) Aunts, uncles, nephews, and nieces, including such	53847
relatives with the prefix "great," "great-great," "grand," or	53848
"great-grand";	53849

(d) First cousins and first cousins once removed.

53850

(2) Stepparents and stepsiblings;

53851

(3) Spouses and former spouses of individuals named in	53852
division (I)(1) or (2) of this section.	53853

(J) "Title IV-A" or "Title IV-D" means Title IV-A or Title	53854
IV-D of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	53855
301, as amended.	53856

Sec. 5107.30.  (A) As used in this section:

53857

(1) "LEAP program" means the learning, earning, and parenting	53858
program.	53859

(2) "Teen" means a participant of Ohio works first who is	53860
under age twentyeighteen or is age eighteen and in school and is	53861
a natural or adoptive parent or is pregnant.	53862

(3) "School" means an educational program that is designed to	53863
lead to the attainment of a high school diploma or the equivalent	53864
of a high school diploma.	53865

(B) The director of job and family services may adopt rules	53866
under section 5107.05 of the Revised Code, to the extent that such	53867
rules are consistent with federal law, to do all of the following:	53868

(1) Define "good cause" and "the equivalent of a high school	53869
diploma" for the purposes of this section;	53870

(2) Conduct one or more special demonstration programsa	53871
program titled the "LEAP program" and establish requirements	53872
governing the program. The purpose of the LEAP program is to	53873
encourage teens to complete school.	53874

(3) Require every teen who is subject to LEAP program	53875
requirements to attend school in accordance with the requirements	53876
governing the program unless the teen shows good cause for not	53877
attending school. The department shall provide, in addition to the	53878
cash assistance payment provided under Ohio works first, an	53879
incentive payment, in an amount determined by the department, to	53880
every teen who is participating in the LEAP program and attends	53881
school in accordance with the requirements governing the program.	53882
The department shall reduce the cash assistance payment, in an	53883
amount determined by the department, under Ohio works first to	53884
every teen participating in the LEAP program who fails or refuses,	53885
without good cause, to attend school in accordance withmeet the	53886
requirements governing the program.	53887

(4) Require every teen who is subject to LEAP program	53888
requirements to enter into a written agreement with the county	53889
department of job and family services that provides all of the	53890
following:	53891

(a) The teen, to be eligible to receive the incentive payment	53892
under division (B)(3) of this section, must attend school in	53893
accordance withmeet the requirements of the LEAP program;.	53894

(b) The county department will provide the incentive payment	53895
to the teen if the teen attends school;meets the requirements of	53896
the LEAP program.	53897

(c) The county department will reduce the cash assistance	53898
payment under Ohio works first if the teen fails or refuses	53899
without good cause to attend school in accordance with the	53900
requirements governing the LEAP program.	53901

(5) Evaluate the demonstration programs established under	53902
this section. In conducting the evaluations, the department of job	53903
and family services shall select control groups of teens who are	53904
otherwise subject to the LEAP program requirements.	53905

(C) A teenminor head of household who is participating in	53906
the LEAP program shall be considered to be participating in a work	53907
activity for the purpose of sections 5107.40 to 5107.69 of the	53908
Revised Code. However, the teenminor head of household is not	53909
subject to the requirements or sanctions of those sections, unless	53910
the teen is over age eighteen and meets the LEAP program	53911
requirements by participating regularly in work activities,	53912
developmental activities, or alternative work activities under	53913
those sections.	53914

(D) Subject to the availability of funds, county departments	53915
of job and family services shall provide for LEAP participants to	53916
receive support services the county department determines to be	53917
necessary for LEAP participation. Support services may include	53918
publicly funded child day-care under Chapter 5104. of the Revised	53919
Code, transportation, and other services.	53920

Sec. 5107.37. An(A) Except as provided in division (B) of	53921
this section, an individual who resides in a county home, city	53922
infirmary, jail, or other public institution is not eligible to	53923
participate in Ohio works first.	53924

(B) Division (A) of this section does not apply to a minor	53925
child residing with the minor child's mother who participates in a	53926
prison nursery program established under section 5120.65 of the	53927
Revised Code.	53928

Sec. 5107.40.  As used in sections 5107.40 to 5107.69 of the	53929
Revised Code:	53930

(A) "Alternative work activity" means an activity designed to	53931
promote self sufficiency and personal responsibility established	53932
by a county department of job and family services under section	53933
5107.64 of the Revised Code.	53934

(B) "Developmental activity" means an activity designed to	53935
promote self sufficiency and personal responsibility established	53936
by a county department of job and family services under section	53937
5107.62 of the Revised Code.	53938

(C) "High school equivalence diploma" means a diploma	53939
attesting to achievement of the equivalent of a high school	53940
education as measured by scores obtained on the tests of general	53941
educational development published by the American council on	53942
education. "High school equivalence diploma" includes a	53943
certificate of high school equivalence issued prior to January 1,	53944
1994, attesting to the achievement of the equivalent of a high	53945
school education as measured by scores obtained on tests of	53946
general educational development.	53947

(D) "Work activity" means the following:

53948

(1) Unsubsidized employment activities established under	53949
section 5107.60 of the Revised Code;	53950

(2) The subsidized employment program established under	53951
section 5107.52 of the Revised Code;	53952

(3) The work experience program established under section	53953
5107.54 of the Revised Code;	53954

(4) On-the-job training activities established under section	53955
5107.60 of the Revised Code;	53956

(5) The job search and readiness program established under	53957
section 5107.50 of the Revised Code;	53958

(6) Community service activities established under section	53959
5107.60 of the Revised Code;	53960

(7) Vocational educational training activities established	53961
under section 5107.60 of the Revised Code;	53962

(8) Jobs skills training activities established under section	53963
5107.60 of the Revised Code that are directly related to	53964
employment;	53965

(9) Education activities established under section 5107.60 of	53966
the Revised Code that are directly related to employment for	53967
participants of Ohio works first who have not earned a high school	53968
diploma or high school equivalence diploma;	53969

(10) Education activities established under section 5107.60	53970
of the Revised Code for participants of Ohio works first who have	53971
not completed secondary school or received a high school	53972
equivalence diploma under which the participants attend a	53973
secondary school or a course of study leading to a high school	53974
equivalence diploma;	53975

(11) Child-care service activities, including training,	53976
established under section 5107.60 of the Revised Code to aid	53977
another participant of Ohio works first assigned to a community	53978
service activity or other work activity;	53979

(12) The education program established under section 5107.58	53980
of the Revised Code that are operated pursuant to a federal waiver	53981
granted by the United States secretary of health and human	53982
services pursuant to a request made under former section 5101.09	53983
of the Revised Code;	53984

(13) Except as limitedTo the extent provided by division (C)	53985
of section 5107.30 of the Revised Code, the LEAP program	53986
established under that section.	53987

Sec. 5107.60.  In accordance with Title IV-A, federal	53988
regulations, state law, the Title IV-A state plan prepared under	53989
section 5101.80 of the Revised Code, and amendments to the plan,	53990
county departments of job and family services shall establish and	53991
administer the following work activities, in addition to the work	53992
activities established under sections 5107.50, 5107.52, 5107.54,	53993
and 5107.58 of the Revised Code, for minor heads of households and	53994
adults participating in Ohio works first:	53995

(A) Unsubsidized employment activities, including activities	53996
a county department determines are legitimate entrepreneurial	53997
activities;	53998

(B) On-the-job training activities, including training to	53999
become an employee of a child day-care center or type A family	54000
day-care home, authorized provider of a certified type B family	54001
day-care home, or in-home aide;	54002

(C) Community service activities including a program under	54003
which a participant of Ohio works first who is the parent,	54004
guardian, custodian, or specified relative responsible for the	54005
care of a minor child enrolled in grade twelve or lower is	54006
involved in the minor child's education on a regular basis;	54007

(D) Vocational educational training activities;

54008

(E) Jobs skills training activities that are directly related	54009
to employment;	54010

(F) Education activities that are directly related to	54011
employment for participants who have not earned a high school	54012
diploma or high school equivalence diploma;	54013

(G) Education activities for participants who have not	54014
completed secondary school or received a high school equivalence	54015
diploma under which the participants attend a secondary school or	54016
a course of study leading to a high school equivalence diploma,	54017
including LEAP participation by a minor head of household;	54018

(H) Child-care service activities aiding another participant	54019
assigned to a community service activity or other work activity. A	54020
county department may provide for a participant assigned to this	54021
work activity to receive training necessary to provide child-care	54022
services.	54023

Sec. 5108.01.  As used in this chapter:

54024

(A) "Assistance group" means a group of individuals treated	54025
as a unit for purposes of determining eligibility for the	54026
prevention, retention, and contingency program"County family	54027
services planning committee" means the county family services	54028
planning committee established under section 329.06 of the Revised	54029
Code or the board created by consolidation under division (C) of	54030
section 6301.06 of the Revised Code.	54031

(B) "Prevention, retention, and contingency program" means	54032
the program established by this chapter and funded in part with	54033
federal funds provided under Title IV-A.	54034

(C) "Title IV-A" means Title IV-A of the "Social Security	54035
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	54036

Sec. 5108.03.  Under the prevention, retention, and	54037
contingency program, aeach county department of job and family	54038
services shall providedo both of the following in accordance with	54039
the statement of policies the county department develops under	54040
section 5108.04 of the Revised Code:	54041

(A) Provide benefits and services that individuals need to	54042
overcome immediate barriers to achieving or maintaining self	54043
sufficiency and personal responsibility;	54044

(B) Perform related administrative duties. A county	54045
department shall provide the benefits and services in accordance	54046
with either the model design for the program that the department	54047
of job and family services develops under section 5108.05 of the	54048
Revised Code or the county department's own policies for the	54049
program developed under section 5108.06 of the Revised Code.	54050

Sec. 5108.06.        Sec. 5108.04.  Each county department of job and	54051
family services shall either adopt the model design fora written	54052
statement of policies governing the prevention, retention, and	54053
contingency program the department of job and family services	54054
develops under section 5108.05 of the Revised Code or develop its	54055
own policies for the programcounty. To develop its own policies,	54056
a county department shall adopt a written statement of the	54057
policies governing the program. The policies may be a modification	54058
of the model design, different from the model design, or a	54059
combination.The statement of policies shall be adopted not later	54060
than October 1, 2003, and shall be updated at least every two	54061
years thereafter. A county department may amend its statement of	54062
policies to modify, terminate, and establish new policies. The	54063
county director of job and family services shall sign and date the	54064
statement of policies and any amendment to it. Neither the	54065
statement of policies nor any amendment to it may have an	54066
effective date that is earlier than the date of the county	54067
director's signature.	54068

AEach county department of job and family services shall	54069
informprovide the department of job and family services of	54070
whether it has adopted the model design or developed its own	54071
policies for the prevention, retention, and contingency program.	54072
If a county department develops its own policies, it shall provide	54073
the department a written copy of the statement of policies and any	54074
amendments it adopts to the statement not later than ten calendar	54075
days after the statement or amendment's effective date.	54076

Sec. 5108.07.        Sec. 5108.05. The model design for the prevention,	54077
retention, and contingency program that the department of job and	54078
family services develops under section 5108.05 of the Revised Code	54079
and policies for the program that a county department of job and	54080
family services may develop under section 5108.06 of the Revised	54081
Code shall establishIn adopting a statement of policies under	54082
section 5108.04 of the Revised Code for the county's prevention,	54083
retention, and contingency program, each county department of job	54084
and family services shall do all of the following:	54085

(A) Establish or specify eligibility requirements for	54086
assistance groups that apply for the program under section 5108.10	54087
of the Revised Code, benefitsall of the following:	54088

(1) Benefits and services to be provided under the program to	54089
assistance groups, administrativethat are allowable uses of	54090
federal Title IV-A funds under 42 U.S.C. 601 and 604(a), except	54091
that they may not be "assistance" as defined in 45 C.F.R.	54092
260.31(a) but rather benefits and services that 45 C.F.R.	54093
260.31(b) excludes from the definition of assistance;	54094

(2) Restrictions on the amount, duration, and frequency of	54095
the benefits and services;	54096

(3) Eligibility requirements for the benefits and services;

54097

(4) Fair and equitable procedures for both of the following:

54098

(a) The certification of eligibility for the benefits and	54099
services that do not have a financial need eligibility	54100
requirement;	54101

(b) The determination and verification of eligibility for the	54102
benefits and services that have a financial need eligibility	54103
requirement.	54104

(5) Objective criteria for the delivery of the benefits and	54105
services;	54106

(6) Administrative requirements, and other;

54107

(7) Other matters the department, in the case of the model	54108
design, or a county department, in the case of county policies,	54109
determinedetermines are necessary.	54110

The model design and a county department's policies may	54111
establish eligibility requirements for, and specify benefits and	54112
services to be provided to, types of groups, such as students in	54113
the same class, that share a common need for the benefits and	54114
services. If the model design or a county department's policies	54115
include such a provision, the model design or county department's	54116
policies shall require that each individual who is to receive the	54117
benefits and services meet the eligibility requirements	54118
established for the type of group of which the individual is a	54119
member. The model design or county department's policies also	54120
shall require that the county department providing the benefits	54121
and services certify the group's eligibility, specify the duration	54122
that the group is to receive the benefits and services, and	54123
maintain the eligibility information for each member of the group	54124
receiving the benefits and services.	54125

The model design and a county department's policies may	54126
specify benefits and services that a county department may provide	54127
for the general public, including billboards that promote the	54128
prevention, and reduction in the incidence, of out-of-wedlock	54129
pregnancies or encourage the formation and maintenance of	54130
two-parent families.	54131

The model design and a county department's policies must be	54132
consistent with(B) Provide for the statement of policies to be	54133
consistent with all of the following:	54134

(1) The plan of cooperation the board of county commissioners	54135
develops under section 307.983 of the Revised Code;	54136

(2) The review and analysis of the county family services	54137
committee conducted in accordance with division (B)(2) of section	54138
329.06 of the Revised Code;	54139

(3) Title IV-A, federal regulations, state law, the Title	54140
IV-A state plan submitted to the United States secretary of health	54141
and human services under section 5101.80 of the Revised Code, and	54142
amendments to the plan. All benefits and services to be provided	54143
under the model design or a county department's policies must be	54144
allowable uses of federal Title IV-A funds as specified in 42	54145
U.S.C.A. 604(a), except that they may not be "assistance" as	54146
defined in 45 C.F.R. 260.31(a). The benefits and services shall be	54147
benefits and services that 45 C.F.R. 260.31(b) excludes from the	54148
definition of assistance.	54149

(C) Either provide the public and local government entities	54150
at least thirty days to submit comments on, or have the county	54151
family services planning committee review, the statement of	54152
policies, including the design of the county's prevention,	54153
retention, and contingency program, before the county director	54154
signs and dates the statement of policies.	54155

Sec. 5108.06. In adopting a statement of policies under	54156
section 5108.04 of the Revised Code for the county's prevention,	54157
retention, and contingency program, a county department of job and	54158
family services may specify both of the following:	54159

(A) Benefits and services to be provided under the program	54160
that prevent and reduce the incidence of out-of-wedlock	54161
pregnancies or encourage the formation and maintenance of	54162
two-parent families as permitted by 45 C.F.R. 260.20(c) and (d);	54163

(B) How the county department will certify individuals'	54164
eligibility for such benefits and services.	54165

Sec. 5108.07. (A) Each statement of policies adopted under	54166
section 5108.04 of the Revised Code shall include the board of	54167
county commissioners' certification that the county department of	54168
job and family services complied with this chapter in adopting the	54169
statement of policies.	54170

(B) The board of county commissioners shall revise its	54171
certification under division (A) of this section if an amendment	54172
to the statement of policies that the board considers to be	54173
significant is adopted under section 5108.04 of the Revised Code.	54174

Sec. 5108.09.  When a state hearing under division (B) of	54175
section 5101.35 of the Revised Code or an administrative appeal	54176
under division (C) of that section is held regarding the	54177
prevention, retention, and contingency program, the hearing	54178
officer, director of job and family services, or director's	54179
designee shall base the decision in the hearing or appeal on the	54180
following:	54181

(A) If the county department of job and family services	54182
involved in the hearing or appeal adopted the department of job	54183
and family services' model design for the program developed under	54184
section 5108.05 of the Revised Code, the model design;	54185

(B) If the county department developed its own policies for	54186
the program, the county department'sdepartment of job and family	54187
services' written statement of policies adopted under section	54188
5108.065108.04 of the Revised Code and any amendments the county	54189
department adopted to the statement if the county department	54190
provides a copy of the statement of policies and all amendments to	54191
the hearing officer, director, or director's designee at the	54192
hearing or appeal.	54193

Sec. 5108.10. An assistance group seeking to participate in	54194
the prevention, retention, and contingency program shall apply to	54195
a county department of job and family services usingEligibility	54196
for a benefit or service under a county's prevention, retention,	54197
and contingency program shall be certified in accordance with the	54198
statement of policies adopted under section 5108.04 of the Revised	54199
Code if the benefit or service does not have a financial need	54200
eligibility requirement.	54201

Eligibility for a benefit or service shall be determined in	54202
accordance with the statement of policies and based on an	54203
application containing information the county department of job	54204
and family services requires.	54205

Whenif the benefit or service has a financial need	54206
eligibility requirement. When a county department receives an	54207
application for participation in the prevention, retention, and	54208
contingency programsuch benefits and services, it shall promptly	54209
make an investigation and record of the circumstances of the	54210
applicant in order to ascertainfollow verification procedures	54211
established by the statement of policies to verify the facts	54212
surrounding the application and to obtain such other information	54213
as may be required. On completion of the investigation	54214
verification procedure, the county department shall determine	54215
whether the applicant is eligible to participate,for the benefits	54216
or services the applicant should receive, and the approximate date	54217
when participation isthe benefits or services are to begin.	54218

Sec. 5108.11. (A) To the extent permitted by section 307.982	54219
of the Revised Code, a board of county commissioners may enter	54220
into a written contract with a private or government entity for	54221
the entity to do either or both of the following for the county's	54222
prevention, retention, and contingency program:	54223

(1) Certify eligibility for benefits and services that do not	54224
have a financial need eligibility requirement;	54225

(2) Accept applications and determine and verify eligibility	54226
for benefits and services that have a financial need eligibility	54227
requirement.	54228

(B) If a board of county commissioners enters into a contract	54229
under division (A) of this section with a private or government	54230
entity, the county department of job and family services shall do	54231
all of the following:	54232

(1) Ensure that eligibility for benefits and services is	54233
certified or determined and verified in accordance with the	54234
statement of policies adopted under section 5108.04 of the Revised	54235
Code;	54236

(2) Ensure that the private or government entity maintains	54237
all records that are necessary for audits;	54238

(3) Monitor the private or government entity for compliance	54239
with Title IV-A, this chapter of the Revised Code, and the	54240
statement of policies;	54241

(4) Take actions that are necessary to recover any funds that	54242
are not spent in accordance with Title IV-A or this chapter of the	54243
Revised Code.	54244

Sec. 5108.12. Each county department of job and family	54245
services is responsible for funds expended or claimed under the	54246
county's prevention, retention, and contingency program that the	54247
department of job and family services, auditor of state, United	54248
States department of health and human services, or other	54249
government entity determines is expended or claimed in a manner	54250
that federal or state law or policy does not permit.	54251

Sec. 5111.0112. The director of job and family services shall	54252
examine instituting a copayment program under medicaid. As part of	54253
the examination, the director shall determine which groups of	54254
medicaid recipients may be subjected to a copayment requirement	54255
under federal statutes and regulations and which of those groups	54256
are appropriate for a copayment program designed to reduce	54257
inappropriate and excessive use of medical goods and services. If,	54258
on completion of the examination, the director determines that it	54259
is feasible to institute such a copayment program, the director	54260
may seek approval from the United States secretary of health and	54261
human services to institute the copayment program. If necessary,	54262
the director may seek approval by applying for a waiver of federal	54263
statutes and regulations. If such approval is obtained, the	54264
director shall adopt rules in accordance with Chapter 119. of the	54265
Revised Code governing the copayment program.	54266

Sec. 5111.0113.  Children who are in the temporary or	54267
permanent custody of a certified public or private nonprofit	54268
agency or institution or in adoptions subsidized under division	54269
(B) of section 5153.163 of the Revised Code are eligible for	54270
medical assistance through the medicaid program established under	54271
section 5111.01 of the Revised Code.	54272

Sec. 5111.02.  (A) Under the medical assistance program:

54273

(1) Except as otherwise permitted by federal statute or	54274
regulation and at the department's discretion, reimbursement by	54275
the department of job and family services to a medical provider	54276
for any medical service rendered under the program shall not	54277
exceed the authorized reimbursement level for the same service	54278
under the medicare program established under Title XVIII of the	54279
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	54280
amended.	54281

(2) Reimbursement for freestanding medical laboratory charges	54282
shall not exceed the customary and usual fee for laboratory	54283
profiles.	54284

(3) The department may deduct from payments for services	54285
rendered by a medicaid provider under the medical assistance	54286
program any amounts the provider owes the state as the result of	54287
incorrect medical assistance payments the department has made to	54288
the provider.	54289

(4) The department may conduct final fiscal audits in	54290
accordance with the applicable requirements set forth in federal	54291
laws and regulations and determine any amounts the provider may	54292
owe the state. When conducting final fiscal audits, the department	54293
shall consider generally accepted auditing standards, which	54294
include the use of statistical sampling.	54295

(5) The number of days of inpatient hospital care for which	54296
reimbursement is made on behalf of a recipient of medical	54297
assistance to a hospital that is not paid under a	54298
diagnostic-related-group prospective payment system shall not	54299
exceed thirty days during a period beginning on the day of the	54300
recipient's admission to the hospital and ending sixty days after	54301
the termination of that hospital stay, except that the department	54302
may make exceptions to this limitation. The limitation does not	54303
apply to children participating in the program for medically	54304
handicapped children established under section 3701.023 of the	54305
Revised Code.	54306

(B) The director of job and family services may adopt, amend,	54307
or rescind rules under Chapter 119. of the Revised Code	54308
establishing the amount, duration, and scope of medical services	54309
to be included in the medical assistance program. Such rules shall	54310
establish the conditions under which services are covered and	54311
reimbursed, the method of reimbursement applicable to each covered	54312
service, and the amount of reimbursement or, in lieu of such	54313
amounts, methods by which such amounts are to be determined for	54314
each covered service. Any rules that pertain to nursing facilities	54315
or intermediate care facilities for the mentally retarded shall be	54316
consistent with sections 5111.20 to 5111.33 of the Revised Code.	54317

(C) No health insuring corporation that has a contract to	54318
provide health care services to recipients of medical assistance	54319
shall restrict the availability to its enrollees of any	54320
prescription drugs included in the Ohio medicaid drug formulary as	54321
established under rules adopted by the director.	54322

(D) The division of any reimbursement between a collaborating	54323
physician or podiatrist and a clinical nurse specialist, certified	54324
nurse-midwife, or certified nurse practitioner for services	54325
performed by the nurse shall be determined and agreed on by the	54326
nurse and collaborating physician or podiatrist. In no case shall	54327
reimbursement exceed the payment that the physician or podiatrist	54328
would have received had the physician or podiatrist provided the	54329
entire service.	54330

Sec. 5111.021.  Under the medical assistance program, any	54331
amount determined to be owed the state by a final fiscal audit	54332
conducted pursuant to division (A)(4) of section 5111.02 of the	54333
Revised Code, upon the issuance of an adjudication order pursuant	54334
to Chapter 119. of the Revised Code that contains a finding that	54335
there is a preponderance of the evidence that the provider will	54336
liquidate assets or file bankruptcy in order to prevent payment of	54337
the amount determined to be owed the state, becomes a lien upon	54338
the real and personal property of the provider. Upon failure of	54339
the provider to pay the amount to the state, the director of job	54340
and family services shall file notice of the lien, for which there	54341
shall be no charge, in the office of the county recorder of the	54342
county in which it is ascertained that the provider owns real or	54343
personal property. The director shall notify the provider by mail	54344
of the lien, but absence of proof that the notice was sent does	54345
not affect the validity of the lien. The lien is not valid as	54346
against the claim of any mortgagee, pledgee, purchaser, judgment	54347
creditor, or other lienholder of record at the time the notice is	54348
filed.	54349

If the provider acquires real or personal property after	54350
notice of the lien is filed, the lien shall not be valid as	54351
against the claim of any mortgagee, pledgee, subsequent bona fide	54352
purchaser for value, judgment creditor, or other lienholder of	54353
record to such after-acquired property unless the notice of lien	54354
is refiled after the property is acquired by the provider and	54355
before the competing lien attaches to the after-acquired property	54356
or before the conveyance to the subsequent bona fide purchaser for	54357
value.	54358

When the amount has been paid, the provider may record with	54359
the recorder notice of the payment. For recording such notice of	54360
payment, the recorder shall charge and receive from the provider a	54361
base fee of one dollar for services and a housing trust fund fee	54362
of one dollar pursuant to section 317.36 of the Revised Code.	54363

In the event of a distribution of a provider's assets	54364
pursuant to an order of any court under the law of this state	54365
including any receivership, assignment for benefit of creditors,	54366
adjudicated insolvency, or similar proceedings, amounts then or	54367
thereafter due the state under this chapter have the same priority	54368
as provided by law for the payment of taxes due the state and	54369
shall be paid out of the receivership trust fund or other such	54370
trust fund in the same manner as provided for claims for unpaid	54371
taxes due the state.	54372

If the attorney general finds after investigation that any	54373
amount due the state under this chapter is uncollectable, in whole	54374
or in part, the attorney general shall recommend to the director	54375
the cancellation of all or part of the claim. The director may	54376
thereupon effect the cancellation.	54377

Sec. 5111.022.  (A) As used in this section:

54378

(1) "Community mental health facility" means a community	54379
mental health facility that has a quality assurance program	54380
accredited by the joint commission on accreditation of healthcare	54381
organizations or is certified by the department of mental health	54382
or department of job and family services.	54383

(2) "Mental health professional" means a person qualified to	54384
work with mentally ill persons under the standards established by	54385
the director of mental health pursuant to section 5119.611 of the	54386
Revised Code.	54387

(B) The state medicaid plan for providing medical assistance	54388
under Title XIX of the "Social Security Act," 49 Stat. 620, 42	54389
U.S.C.A. 301, as amended, shall include provision of the following	54390
mental health services when provided by community mental health	54391
facilities described in division (B) of this section:	54392

(1) Outpatient mental health services, including, but not	54393
limited to, preventive, diagnostic, therapeutic, rehabilitative,	54394
and palliative interventions rendered to individuals in an	54395
individual or group setting by a mental health professional in	54396
accordance with a plan of treatment appropriately established,	54397
monitored, and reviewed;	54398

(2) Partial-hospitalization mental health services of three	54399
to fourteen hours per service day, rendered by persons directly	54400
supervised by a mental health professional;	54401

(3) Unscheduled, emergency mental health services of a kind	54402
ordinarily provided to persons in crisis when rendered by persons	54403
supervised by a mental health professional;	54404

(4) Subject to receipt of federal approval, assertive	54405
community treatment and intensive home-based mental health	54406
services.	54407

(B) Services shall be included in the state plan only when	54408
provided by community mental health facilities that have quality	54409
assurance programs accredited by the joint commission on	54410
accreditation of healthcare organizations or certified by the	54411
department of mental health or department of job and family	54412
services.	54413

(C) The comprehensive annual plan shall certify the	54414
availability of sufficient unencumbered community mental health	54415
state subsidy and local funds to match Title XIXfederal medicaid	54416
reimbursement funds earned by thecommunity mental health	54417
facilities. Reimbursement for eligible services shall be based on	54418
the prospective cost of providing the services as developed in	54419
standards adopted as part of the comprehensive annual plan.	54420

(D) As used in this section, "mental health professional"	54421
means a person qualified to work with mentally ill persons under	54422
the standards established by the director of mental health	54423
pursuant to section 5119.611 of the Revised Code.	54424

(E) With respect to services established by division (A) of	54425
this section, theThe department of job and family services shall	54426
enter into a separate contract with the department of mental	54427
health under section 5111.91 of the Revised Code with regard to	54428
the component of the medicaid program provided for by this	54429
section. The terms of the contract between the department of job	54430
and family services and the department of mental health shall	54431
specify both of the following:	54432

(1) That the department of mental health and boards of	54433
alcohol, drug addiction, and mental health services shall provide	54434
state and local matching funds for Title XIX of the "Social	54435
Security Act," for reimbursement of services established by	54436
division (A) of this section;	54437

(2) How the community mental health facilities described in	54438
division (B) of this section will be paid for providing the	54439
services established by division (A) of this section.	54440

(E) Not later than May 1, 2004, the department of job and	54441
family services shall request federal approval to provide	54442
assertive community treatment and intensive home-based mental	54443
health services under medicaid pursuant to this section.	54444

(F) On receipt of federal approval sought under division (E)	54445
of this section, the director of job and family services shall	54446
adopt rules in accordance with Chapter 119. of the Revised Code	54447
establishing statewide access and acuity standards for partial	54448
hospitalization mental health services and assertive community	54449
treatment and intensive home-based mental health services provided	54450
under medicaid pursuant to this section. The director shall	54451
consult with the department of mental health in adopting the	54452
rules.	54453

Sec. 5111.025. (A) In rules adopted under section 5111.02 of	54454
the Revised Code, the director of job and family services shall	54455
modify the manner or establish a new manner in which the following	54456
are paid under medicaid:	54457

(1) Community mental health facilities for providing mental	54458
health services included in the state medicaid plan pursuant to	54459
section 5111.022 of the Revised Code;	54460

(2) Providers of alcohol and drug addiction services for	54461
providing alcohol and drug addiction services included in the	54462
medicaid program pursuant to rules adopted under section 5111.02	54463
of the Revised Code.	54464

(B) In modifying the manner, or establishing a new manner,	54465
for medicaid to pay for the services specified in division (A) of	54466
this section, the director shall include a provision for obtaining	54467
federal financial participation for the costs that each board of	54468
alcohol, drug addiction, and mental health services incurs in its	54469
administration of those services. Except as provided in section	54470
5111.92 of the Revised Code, the department of job and family	54471
services shall pay the federal financial participation obtained	54472
for such administrative costs to the board that incurs the	54473
administrative costs.	54474

(C) The director's authority to modify the manner, or to	54475
establish a new manner, for medicaid to pay for the services	54476
specified in division (A) of this section is not limited by any	54477
rules adopted under section 5111.02 or 5119.61 of the Revised Code	54478
that are in effect on the effective date of this section and	54479
govern the way medicaid pays for those services. This is the case	54480
regardless of what state agency adopted the rules.	54481

Sec. 5111.03.  (A) No provider of services or goods	54482
contracting with the department of job and family services	54483
pursuant to the medicaid program shall, by deception, obtain or	54484
attempt to obtain payments under this chapter to which the	54485
provider is not entitled pursuant to the provider agreement, or	54486
the rules of the federal government or the department of job and	54487
family services relating to the program. No provider shall	54488
willfully receive payments to which the provider is not entitled,	54489
or willfully receive payments in a greater amount than that to	54490
which the provider is entitled; nor shall any provider falsify any	54491
report or document required by state or federal law, rule, or	54492
provider agreement relating to medicaid payments. As used in this	54493
section, a provider engages in "deception" when the provider,	54494
acting with actual knowledge of the representation or information	54495
involved, acting in deliberate ignorance of the truth or falsity	54496
of the representation or information involved, or acting in	54497
reckless disregard of the truth or falsity of the representation	54498
or information involved, deceives another or causes another to be	54499
deceived by any false or misleading representation, by withholding	54500
information, by preventing another from acquiring information, or	54501
by any other conduct, act, or omission that creates, confirms, or	54502
perpetuates a false impression in another, including a false	54503
impression as to law, value, state of mind, or other objective or	54504
subjective fact. No proof of specific intent to defraud is	54505
required to show, for purposes of this section, that a provider	54506
has engaged in deception.	54507

(B) Any provider who violates division (A) of this section	54508
shall be liable, in addition to any other penalties provided by	54509
law, for all of the following civil penalties:	54510

(1) Payment of interest on the amount of the excess payments	54511
at the maximum interest rate allowable for real estate mortgages	54512
under section 1343.01 of the Revised Code on the date the payment	54513
was made to the provider for the period from the date upon which	54514
payment was made, to the date upon which repayment is made to the	54515
state;	54516

(2) Payment of an amount equal to three times the amount of	54517
any excess payments;	54518

(3) Payment of a sum of not less than five thousand dollars	54519
and not more than ten thousand dollars for each deceptive claim or	54520
falsification;	54521

(4) All reasonable expenses which the court determines have	54522
been necessarily incurred by the state in the enforcement of this	54523
section.	54524

(C) InAs used in this division, "intermediate care facility	54525
for the mentally retarded" and "nursing facility" have the same	54526
meanings given in section 5111.20 of the Revised Code.	54527

In addition to the civil penalties provided in division (B)	54528
of this section, the director of job and family services, upon the	54529
conviction of, or the entry of a judgment in either a criminal or	54530
civil action against, a medicaid provider or its owner, officer,	54531
authorized agent, associate, manager, or employee in an action	54532
brought pursuant to section 109.85 of the Revised Code, shall	54533
terminate the provider agreement between the department and the	54534
provider and stop reimbursement to the provider for services	54535
rendered for a period of up to five years from the date of	54536
conviction or entry of judgment. As used in this chapter, "owner"	54537
means any person having at least five per cent ownership in the	54538
medicaid provider. No such provider, owner, officer, authorized	54539
agent, associate, manager, or employee shall own or provide	54540
services to any other medicaid provider or risk contractor or	54541
arrange for, render, or order services for medicaid recipients	54542
during the period of termination as provided in division (C) of	54543
this section, nor, during the period of termination as provided in	54544
division (C) of this section, shall such provider, owner, officer,	54545
authorized agent, associate, manager, or employee receive	54546
reimbursement in the form of direct payments from the department	54547
or indirect payments of medicaid funds in the form of salary,	54548
shared fees, contracts, kickbacks, or rebates from or through any	54549
participating provider or risk contractor. The provider agreement	54550
shall not be terminated or reimbursement terminated if the	54551
provider or owner can demonstrate that the provider or owner did	54552
not directly or indirectly sanction the action of its authorized	54553
agent, associate, manager, or employee that resulted in the	54554
conviction or entry of a judgment in a criminal or civil action	54555
brought pursuant to section 109.85 of the Revised Code. Nothing in	54556
this division prohibits any owner, officer, authorized agent,	54557
associate, manager, or employee of a medicaid provider from	54558
entering into a medicaid provider agreement if the person can	54559
demonstrate that the person had no knowledge of an action of the	54560
medicaid provider the person was formerly associated with that	54561
resulted in the conviction or entry of a judgment in a criminal or	54562
civil action brought pursuant to section 109.85 of the Revised	54563
Code.	54564

Providers subject to sections 5111.20 to 5111.32 of the	54565
Revised CodeNursing facility or intermediate care facility for	54566
the mentally retarded providers whose agreements are terminated	54567
pursuant to this section may continue to receive reimbursement for	54568
up to thirty days after the effective date of the termination if	54569
the provider makes reasonable efforts to transfer recipients to	54570
another facility or to alternate care and if federal funds are	54571
provided for such reimbursement.	54572

(D) Any provider of services or goods contracting with the	54573
department of job and family services pursuant to Title XIX of the	54574
"Social Security Act," who, without intent, obtains payments under	54575
this chapter in excess of the amount to which the provider is	54576
entitled, thereby becomes liable for payment of interest on the	54577
amount of the excess payments at the maximum real estate mortgage	54578
rate on the date the payment was made to the provider for the	54579
period from the date upon which payment was made to the date upon	54580
which repayment is made to the state.	54581

(E) The attorney general on behalf of the state may commence	54582
proceedings to enforce this section in any court of competent	54583
jurisdiction; and the attorney general may settle or compromise	54584
any case brought under this section with the approval of the	54585
department of job and family services. Notwithstanding any other	54586
provision of law providing a shorter period of limitations, the	54587
attorney general may commence a proceeding to enforce this section	54588
at any time within six years after the conduct in violation of	54589
this section terminates.	54590

(F) The authority, under state and federal law, of the	54591
department of job and family services or a county department of	54592
job and family services to recover excess payments made to a	54593
provider is not limited by the availability of remedies under	54594
sections 5111.11 and 5111.12 of the Revised Code for recovering	54595
benefits paid on behalf of recipients of medical assistance.	54596

The penalties under this chapter apply to any overpayment,	54597
billing, or falsification occurring on and after April 24, 1978.	54598
All moneys collected by the state pursuant to this section shall	54599
be deposited in the state treasury to the credit of the general	54600
revenue fund.	54601

Sec. 5111.06.  (A)(1) As used in this section:

54602

(a) "Provider" means any person, institution, or entity that	54603
furnishes medicaid services under a provider agreement with the	54604
department of job and family services pursuant to Title XIX of the	54605
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	54606
amended.	54607

(b) "Party" has the same meaning as in division (G) of	54608
section 119.01 of the Revised Code.	54609

(c) "Adjudication" has the same meaning as in division (D) of	54610
section 119.01 of the Revised Code.	54611

(2) This section does not apply to any action taken by the	54612
department of job and family services under sections 5111.35 to	54613
5111.62 of the Revised Code.	54614

(B) Except as provided in division (D) of this section, the	54615
department shall do either of the following by issuing an order	54616
pursuant to an adjudication conducted in accordance with Chapter	54617
119. of the Revised Code:	54618

(1) Enter into or refuse to enter into a provider agreement	54619
with a provider, or suspend, terminate, renew, or refuse to renew	54620
an existing provider agreement with a provider;	54621

(2) Take any action based upon a final fiscal audit of a	54622
provider.	54623

(C) Any party who is adversely affected by the issuance of an	54624
adjudication order under division (B) of this section may appeal	54625
to the court of common pleas of Franklin county in accordance with	54626
section 119.12 of the Revised Code.	54627

(D) The department is not required to comply with division	54628
(B)(1) of this section whenever any of the following occur:	54629

(1) The terms of a provider agreement require the provider to	54630
have a license, permit, or certificate issued by an official,	54631
board, commission, department, division, bureau, or other agency	54632
of state government other than the department of job and family	54633
services, and the license, permit, or certificate has been denied	54634
or revoked.	54635

(2) The provider agreement is denied, terminated, or not	54636
renewed pursuant to division (C) or (E) of section 5111.03 of the	54637
Revised Code;	54638

(3) The provider agreement is denied, terminated, or not	54639
renewed due to the provider's termination, suspension, or	54640
exclusion from the medicare program established under Title XVIII	54641
of the "Social Security Act," and the termination, suspension, or	54642
exclusion is binding on the provider's participation in the	54643
medicaid program;	54644

(4) The provider agreement is denied, terminated, or not	54645
renewed due to the provider's pleading guilty to or being	54646
convicted of a criminal activity materially related to either the	54647
medicare or medicaid program;	54648

(5) The provider agreement is denied, terminated, or	54649
suspended as a result of action by the United States department of	54650
health and human services and that action is binding on the	54651
provider's participation in the medicaid program.	54652

(E) The department may withhold payments for services	54653
rendered by a medicaid provider under the medical assistance	54654
program during the pendency of proceedings initiated under	54655
division (B)(1) of this section. If the proceedings are initiated	54656
under division (B)(2) of this section, the department may withhold	54657
payments only to the extent that they equal amounts determined in	54658
a final fiscal audit as being due the state. This division does	54659
not apply if the department fails to comply with section 119.07 of	54660
the Revised Code, requests a continuance of the hearing, or does	54661
not issue a decision within thirty days after the hearing is	54662
completed. This division does not apply to nursing facilities and	54663
intermediate care facilities for the mentally retarded subject to	54664
sectionsas defined in section 5111.20 to 5111.32 of the Revised	54665
Code.	54666

Sec. 5111.08.        Sec. 5111.071.  Commencing in December, 1986, and	54667
every second December thereafter, the director of job and family	54668
services shall establish a dispensing fee, effective the following	54669
January, for licensed pharmacists who are providers under this	54670
chapter. The dispensing fee shall take into consideration the	54671
results of the survey conducted under section 5111.07 of the	54672
Revised Code.	54673

Sec. 5111.16.        Sec. 5111.08.  In accordance with subsection (g) of	54674
section 1927 of the "Social Security Act," 49 Stat. 320 (1935), 42	54675
U.S.C.A. 1396r-8(g), as amended, the department of job and family	54676
services shall establish an outpatient drug use review program to	54677
assure that prescriptions obtained by recipients of medical	54678
assistance under this chapter are appropriate, medically	54679
necessary, and unlikely to cause adverse medical results.	54680

Sec. 5111.082.  The director of job and family services, in	54681
rules adopted under section 5111.02 of the Revised Code, may	54682
establish and implement a supplemental drug rebate program under	54683
which drug manufacturers may be required to provide the department	54684
of job and family services a supplemental rebate as a condition of	54685
having the drug manufacturers' drug products covered by the	54686
medicaid program without prior approval. If necessary, the	54687
director may apply to the United States secretary of health and	54688
human services for a waiver of federal statutes and regulations to	54689
establish the supplemental drug rebate program.	54690

If the director establishes a supplemental drug rebate	54691
program, the director shall consult with drug manufacturers	54692
regarding the establishment and implementation of the program.	54693

If the director establishes a supplemental drug rebate	54694
program, the director shall exempt from the program and from prior	54695
authorization or any other restriction all of a drug	54696
manufacturer's drug products that have been approved by the United	54697
States food and drug administration and for which there is no	54698
generic equivalent for the treatment of either of the following:	54699

(A) Mental illness, as defined in section 5122.01 of the	54700
Revised Code, including schizophrenia, major depressive disorder,	54701
and bipolar disorder;	54702

(B) HIV or AIDS, both as defined in section 3701.24 of the	54703
Revised Code.	54704

Sec. 5111.111.  As used in this section, "home and	54705
community-based services" means services provided pursuant to a	54706
waiver under section 1915 of the "Social Security Act," 49 Stat.	54707
620 (1935), 42 U.S.C.A. 1396n, as amended.	54708

The department of job and family services may place a lien	54709
against the property of a medical assistance recipient or	54710
recipient's spouse, other than a recipient or spouse of a	54711
recipient of home and community-based services, that the	54712
department may recover as part of the program instituted under	54713
section 5111.11 of the Revised Code. When medical assistance is	54714
paid on behalf of any person in circumstances under which federal	54715
law and regulations and this section permit the imposition of a	54716
lien, the director of job and family services or a person	54717
designated by the director may sign a certificate to the effect.	54718
The county department of job and family services shall file for	54719
recording and indexing the certificate, or a certified copy, in	54720
the real estate mortgage records in the office of the county	54721
recorder in every county in which real property of the recipient	54722
or spouse is situated. From the time of filing the certificate in	54723
the office of the county recorder, the lien attaches to all real	54724
property of the recipient or spouse described therein for all	54725
amounts of aid which are paid or which thereafter are paid, and	54726
shall remain a lien until satisfied.	54727

Upon filing the certificate in the office of the recorder,	54728
all persons are charged with notice of the lien and the rights of	54729
the department of job and family services thereunder.	54730

The county recorder shall keep a record of every certificate	54731
filed showing its date, the time of filing, the name and residence	54732
of the recipient or spouse, and any release, waivers, or	54733
satisfaction of the lien.	54734

The priority of the lien shall be established in accordance	54735
with state and federal law.	54736

The department may waive the priority of its lien to provide	54737
for the costs of the last illness as determined by the department,	54738
administration, attorney fees, administrator fees, a sum for the	54739
payment of the costs of burial, which shall be computed by	54740
deducting from five hundred dollars whatever amount is available	54741
for the same purpose from all other sources, and a similar sum for	54742
the spouse of the decedent.	54743

Sec. 5111.151. (A) This section applies to eligibility	54744
determinations for all cases involving medical assistance provided	54745
pursuant to this chapter, qualified medicare beneficiaries,	54746
specified low-income medicare beneficiaries, qualifying	54747
individuals-1, qualifying individuals-2, and medical assistance	54748
for covered families and children.	54749

(B) As used in this section:

54750

(1) "Trust" means any arrangement in which a grantor	54751
transfers real or personal property to a trust with the intention	54752
that it be held, managed, or administered by at least one trustee	54753
for the benefit of the grantor or beneficiaries. "Trust" includes	54754
any legal instrument or device similar to a trust.	54755

(2) "Legal instrument or device similar to a trust" includes,	54756
but is not limited to, escrow accounts, investment accounts,	54757
partnerships, contracts, and other similar arrangements that are	54758
not called trusts under state law but are similar to a trust and	54759
to which all of the following apply:	54760

(a) The property in the trust is held, managed, retained, or	54761
administered by a trustee.	54762

(b) The trustee has an equitable, legal, or fiduciary duty to	54763
hold, manage, retain, or administer the property for the benefit	54764
of the beneficiary.	54765

(c) The trustee holds identifiable property for the	54766
beneficiary.	54767

(3) "Grantor" is a person who creates a trust, including all	54768
of the following:	54769

(a) An individual;

54770

(b) An individual's spouse;

54771

(c) A person, including a court or administrative body, with	54772
legal authority to act in place of or on behalf of an individual	54773
or an individual's spouse;	54774

(d) A person, including a court or administrative body, that	54775
acts at the direction or on request of an individual or the	54776
individual's spouse.	54777

(4) "Beneficiary" is a person or persons, including a	54778
grantor, who benefits in some way from a trust.	54779

(5) "Trustee" is a person who manages a trust's principal and	54780
income for the benefit of the beneficiaries.	54781

(6) "Person" has the same meaning as in section 1.59 of the	54782
Revised Code and includes an individual, corporation, business	54783
trust, estate, trust, partnership, and association.	54784

(7) "Applicant" is an individual who applies for medical	54785
assistance benefits or the individual's spouse.	54786

(8) "Recipient" is an individual who receives medical	54787
assistance benefits or the individual's spouse.	54788

(9) "Revocable trust" is a trust that can be revoked by the	54789
grantor or the beneficiary, including all of the following, even	54790
if the terms of the trust state that it is irrevocable:	54791

(a) A trust that provides that the trust can be terminated	54792
only by a court;	54793

(b) A trust that terminates on the happening of an event, but	54794
only if the event occurs at the direction or control of the	54795
grantor, beneficiary, or trustee.	54796

(10) "Irrevocable trust" is a trust that cannot be revoked by	54797
the grantor or terminated by a court and that terminates only on	54798
the occurrence of an event outside of the control or direction of	54799
the beneficiary or grantor.	54800

(11) "Payment" is any disbursal from the principal or income	54801
of the trust, including actual cash, noncash or property	54802
disbursements, or the right to use and occupy real property.	54803

(12) "Payments to or for the benefit of the applicant or	54804
recipient" is a payment to any person resulting in a direct or	54805
indirect benefit to the applicant or recipient.	54806

(13) "Testamentary trust" is a trust that is established by a	54807
will and does not take effect until after the death of the person	54808
who created the trust.	54809

(C) If an applicant or recipient is a beneficiary of a trust,	54810
the county department of job and family services shall determine	54811
what type of trust it is and shall treat the trust in accordance	54812
with the appropriate provisions of this section and rules adopted	54813
by the department of job and family services governing trusts. The	54814
county department of job and family services may determine that	54815
the trust or portion of the trust is one of the following:	54816

(1) A countable resource;

54817

(2) Countable income;

54818

(3) A countable resource and countable income;

54819

(4) Not a countable resource or countable income.

54820

(D)(1) A trust or legal instrument or device similar to a	54821
trust shall be considered a self-settled trust if all of the	54822
following apply:	54823

(a) The trust was established on or after August 11, 1993.

54824

(b) The trust was not established by a will.

54825

(c) The trust was established by an applicant or recipient,	54826
spouse of an applicant or recipient, or a person, including a	54827
court or administrative body, with legal authority to act in place	54828
of or on behalf of an applicant, recipient, or spouse, or acting	54829
at the direction or on request of an applicant, recipient, or	54830
spouse.	54831

(2) A trust that meets the requirements of division (D)(1) of	54832
this section and is a revocable trust shall be treated by the	54833
county department of job and family services as follows:	54834

(a) The corpus of the trust shall be considered a resource	54835
available to the applicant or recipient.	54836

(b) Payments from the trust to or for the benefit of the	54837
applicant or recipient shall be considered unearned income of the	54838
applicant or recipient.	54839

(c) Any other payments from the trust shall be considered an	54840
improper transfer of resources and shall be subject to rules	54841
adopted by the department of job and family services governing	54842
improper transfers of resources.	54843

(3) A trust that meets the requirements of division (D)(1) of	54844
this section and is an irrevocable trust shall be treated by the	54845
county department of job and family services as follows:	54846

(a) If there are any circumstances under which payment from	54847
the trust could be made to or for the benefit of the applicant or	54848
recipient, including a payment that can be made only in the	54849
future, the portion from which payments could be made shall be	54850
considered a resource available to the applicant or recipient. The	54851
county department of job and family services shall not take into	54852
account when payments can be made.	54853

(b) Any payment that is actually made to or for the benefit	54854
of the applicant or recipient from either the corpus or income	54855
shall be considered unearned income.	54856

(c) If a payment is made to someone other than to the	54857
applicant or recipient and the payment is not for the benefit of	54858
the applicant or recipient, the payment shall be considered an	54859
improper transfer of resources and shall be subject to rules	54860
adopted by the department of job and family services governing	54861
improper transfers of resources.	54862

(d) The date of the transfer shall be the later of the date	54863
of establishment of the trust or the date of the occurrence of the	54864
event.	54865

(e) When determining the value of the transferred resource	54866
under this provision, the value of the trust shall be its value on	54867
the date payment to the applicant or recipient was foreclosed.	54868

(f) Any income earned or other resources added subsequent to	54869
the foreclosure date shall be added to the total value of the	54870
trust.	54871

(g) Any payments to or for the benefit of the applicant or	54872
recipient after the foreclosure date but prior to the application	54873
date shall be subtracted from the total value. Any other payments	54874
shall not be subtracted from the value.	54875

(h) Any addition of resources after the foreclosure date	54876
shall be considered a separate transfer.	54877

(4) If a trust is funded with assets of another person or	54878
persons in addition to assets of the applicant or recipient, the	54879
applicable provisions of this section and rules adopted by the	54880
department of job and family services governing trusts shall apply	54881
only to the portion of the trust attributable to the applicant or	54882
recipient.	54883

(5) The availability of a self-settled trust shall be	54884
considered without regard to any of the following:	54885

(a) The purpose for which the trust is established;

54886

(b) Whether the trustees have exercised or may exercise	54887
discretion under the trust;	54888

(c) Any restrictions on when or whether distributions may be	54889
made from the trust;	54890

(d) Any restrictions on the use of distributions from the	54891
trust.	54892

(6) The baseline date for the look-back period for transfers	54893
of assets involving a self-settled trust shall be the date on	54894
which the applicant or recipient is both institutionalized and	54895
first applies for medical assistance. The following conditions	54896
also apply to look-back periods for transfers of assets involving	54897
self-settled trusts:	54898

(a) If a self-settled trust is a revocable trust and a	54899
portion of the trust is distributed to someone other than the	54900
applicant or recipient for the benefit of someone other than the	54901
applicant or recipient, the distribution shall be considered an	54902
improper transfer of resources. The look-back period shall be	54903
sixty months from the baseline date. The transfer shall be	54904
considered to have taken place on the date on which the payment to	54905
someone other than the applicant or recipient was made.	54906

(b) If a self-settled trust is an irrevocable trust and a	54907
portion of the trust is not distributable to the applicant or	54908
recipient, the trust shall be treated as an improper transfer of	54909
resources. The look-back period shall be sixty months from the	54910
baseline date. The transfer is considered to have been made as of	54911
the later of the date the trust was established or the date on	54912
which payment to the applicant or recipient was foreclosed. The	54913
value of these assets shall not be reduced by any payments from	54914
the trust that may be made from these unavailable assets at a	54915
later date.	54916

(c) If a self-settled trust is an irrevocable trust and a	54917
portion or all of the trust may be disbursed to or for the benefit	54918
of the applicant or recipient, any payment that is made to another	54919
person other than the applicant or recipient shall be considered	54920
an improper transfer of resources. The look-back period is	54921
thirty-six months from the baseline date. The transfer shall be	54922
considered to have been made as of the date of payment to the	54923
other person.	54924

(E) The principal or income from any of the following shall	54925
be exempt from being counted as a resource by a county department	54926
of job and family services:	54927

(1)(a) A special needs trust that meets all of the following	54928
requirements:	54929

(i) The trust contains assets of an applicant or recipient	54930
under sixty-five years of age and may contain the assets of other	54931
individuals.	54932

(ii) The applicant or recipient is disabled as defined in	54933
rules adopted by the department of job and family services.	54934

(iii) The trust is established for the benefit of the	54935
applicant or recipient by a parent, grandparent, legal guardian,	54936
or a court.	54937

(iv) The trust requires that on the death of the applicant or	54938
recipient the state will receive all amounts remaining in the	54939
trust up to an amount equal to the total amount of medical	54940
assistance paid on behalf of the applicant or recipient.	54941

(b) If a special needs trust meets the requirements of	54942
division (E)(1)(a) of this section and has been established for a	54943
disabled applicant or recipient under sixty-five years of age, the	54944
exemption for the trust granted pursuant to division (E) of this	54945
section shall continue after the disabled applicant or recipient	54946
becomes sixty-five years of age if the applicant or recipient	54947
continues to be disabled as defined in rules adopted by the	54948
department of job and family services. Except for income earned by	54949
the trust, the grantor shall not add to or otherwise augment the	54950
trust after the applicant or recipient attains sixty-five years of	54951
age. An addition or augmentation of the trust by the applicant or	54952
recipient with the applicant's own assets after the applicant or	54953
recipient attains sixty-five years of age shall be treated as an	54954
improper transfer of resources.	54955

(c) Cash distributions to the applicant or recipient shall be	54956
counted as unearned income. All other distributions from the trust	54957
shall be treated as provided in rules adopted by the department of	54958
job and family services governing in-kind income.	54959

(d) Transfers of assets to a special needs trust shall not be	54960
treated as an improper transfer of resources. Assets held prior to	54961
the transfer to the trust shall be considered as countable assets	54962
or countable income or countable assets and income.	54963

(2)(a) A qualifying income trust that meets all of the	54964
following requirements:	54965

(i) The trust is composed only of pension, social security,	54966
and other income to the applicant or recipient, including	54967
accumulated interest in the trust.	54968

(ii) The income is received by the individual and the right	54969
to receive the income is not assigned or transferred to the trust.	54970

(iii) The trust requires that on the death of the applicant	54971
or recipient the state will receive all amounts remaining in the	54972
trust up to an amount equal to the total amount of medical	54973
assistance paid on behalf of the applicant or recipient.	54974

(b) No resources shall be used to establish or augment the	54975
trust.	54976

(c) If an applicant or recipient has irrevocably transferred	54977
or assigned the applicant's or recipient's right to receive income	54978
to the trust, the trust shall not be considered a qualifying	54979
income trust by the county department of job and family services.	54980

(d) Income placed in a qualifying income trust shall not be	54981
counted in determining an applicant's or recipient's eligibility	54982
for medical assistance. The recipient of the funds may place any	54983
income directly into a qualifying income trust without those funds	54984
adversely affecting the applicant's or recipient's eligibility for	54985
medical assistance. Income generated by the trust that remains in	54986
the trust shall not be considered as income to the applicant or	54987
recipient.	54988

(e) All income placed in a qualifying income trust shall be	54989
combined with any countable income not placed in the trust to	54990
arrive at a base income figure to be used for spend down	54991
calculations.	54992

(f) The base income figure shall be used for post-eligibility	54993
deductions, including personal needs allowance, monthly income	54994
allowance, family allowance, and medical expenses not subject to	54995
third party payment. Any income remaining shall be used toward	54996
payment of patient liability. Payments made from a qualifying	54997
income trust shall not be combined with the base income figure for	54998
post-eligibility calculations.	54999

(g) The base income figure shall be used when determining the	55000
spend down budget for the applicant or recipient. Any income	55001
remaining after allowable deductions are permitted as provided	55002
under rules adopted by the department of job and family services	55003
shall be considered the applicant's or recipient's spend down	55004
liability.	55005

(3)(a) A pooled trust that meets all of the following	55006
requirements:	55007

(i) The trust contains the assets of the applicant or	55008
recipient of any age who is disabled as defined in rules adopted	55009
by the department of job and family services.	55010

(ii) The trust is established and managed by a nonprofit	55011
association.	55012

(iii) A separate account is maintained for each beneficiary	55013
of the trust but, for purposes of investment and management of	55014
funds, the trust pools the funds in these accounts.	55015

(iv) Accounts in the trust are established by the applicant	55016
or recipient, the applicant's or recipient's parent, grandparent,	55017
or legal guardian, or a court solely for the benefit of	55018
individuals who are disabled.	55019

(v) The trust requires that, to the extent that any amounts	55020
remaining in the beneficiary's account on the death of the	55021
beneficiary are not retained by the trust, the trust pay to the	55022
state the amounts remaining in the trust up to an amount equal to	55023
the total amount of medical assistance paid on behalf of the	55024
beneficiary.	55025

(b) Cash distributions to the applicant or recipient shall be	55026
counted as unearned income. All other distributions from the trust	55027
shall be treated as provided in rules adopted by the department of	55028
job and family services governing in-kind income.	55029

(c) Transfers of assets to a pooled trust shall not be	55030
treated as an improper transfer of resources. Assets held prior to	55031
the transfer to the trust shall be considered as countable assets,	55032
countable income, or countable assets and income.	55033

(4) A supplemental services trust that meets the requirements	55034
of section 1339.51 of the Revised Code and to which all of the	55035
following apply:	55036

(a) A person may establish a supplemental services trust	55037
pursuant to section 1339.51 of the Revised Code only for another	55038
person who is eligible to receive services through one of the	55039
following agencies:	55040

(i) The department of mental retardation and developmental	55041
disabilities;	55042

(ii) A county board of mental retardation and developmental	55043
disabilities;	55044

(iii) The department of mental health;

55045

(iv) A board of alcohol, drug addiction, and mental health	55046
services.	55047

(b) A county department of job and family services shall not	55048
determine eligibility for another agency's program. An applicant	55049
or recipient shall do one of the following:	55050

(i) Provide documentation from one of the agencies listed in	55051
division (E)(4)(a) of this section that establishes that the	55052
applicant or recipient was determined to be eligible for services	55053
from the agency at the time of the creation of the trust;	55054

(ii) Provide an order from a court of competent jurisdiction	55055
that states that the applicant or recipient was eligible for	55056
services from one of the agencies listed in division (E)(4)(a) of	55057
this section at the time of the creation of the trust.	55058

(c) At the time the trust is created, the trust principal	55059
does not exceed the maximum amount permitted. The maximum amount	55060
permitted in calendar year 2002 is two hundred fourteen thousand	55061
dollars. Each year thereafter, the maximum amount permitted is the	55062
prior year's amount plus two thousand dollars.	55063

(d) A county department of job and family services shall	55064
review the trust to determine whether it complies with the	55065
provisions of section 1339.51 of the Revised Code.	55066

(e) Payments from supplemental services trusts shall be	55067
exempt as long as the payments are for supplemental services as	55068
defined in rules adopted by the department of job and family	55069
services. All supplemental services shall be purchased by the	55070
trustee and shall not be purchased through direct cash payments to	55071
the beneficiary.	55072

(f) If a trust is represented as a supplemental services	55073
trust and a county department of job and family services	55074
determines that the trust does not meet the requirements provided	55075
in division (E)(4) of this section and section 1339.51 of the	55076
Revised Code, the county department of job and family services	55077
shall not consider it an exempt trust.	55078

(F)(1) A trust or legal instrument or device similar to a	55079
trust shall be considered a trust established by an individual for	55080
the benefit of the applicant or recipient if all of the following	55081
apply:	55082

(a) The trust is created by a person other than the applicant	55083
or recipient.	55084

(b) The trust names the applicant or recipient as a	55085
beneficiary.	55086

(c) The trust is funded with assets or property in which the	55087
applicant or recipient has never held an ownership interest prior	55088
to the establishment of the trust.	55089

(2) Any portion of a trust that meets the requirements of	55090
division (F)(1) of this section shall be an available resource	55091
only if the trust permits the trustee to expend principal, corpus,	55092
or assets of the trust for the applicant's or recipient's medical	55093
care, care, comfort, maintenance, health, welfare, general well	55094
being, or any combination of these purposes.	55095

(3) A trust that meets the requirements of division (F)(1) of	55096
this section shall be considered an available resource even if the	55097
trust contains any of the following types of provisions:	55098

(a) A provision that prohibits the trustee from making	55099
payments that would supplant or replace medical assistance or	55100
other public assistance;	55101

(b) A provision that prohibits the trustee from making	55102
payments that would impact or have an effect on the applicant's or	55103
recipient's right, ability, or opportunity to receive medical	55104
assistance or other public assistance;	55105

(c) A provision that attempts to prevent the trust or its	55106
corpus or principal from being counted as an available resource.	55107

(4) A trust that meets the requirements of division (F)(1) of	55108
this section shall not be counted as an available resource if at	55109
least one of the following circumstances applies:	55110

(a) If a trust contains a clear statement requiring the	55111
trustee to preserve a portion of the trust for another beneficiary	55112
or remainderman, that portion of the trust shall not be counted as	55113
an available resource. Terms of a trust that grant discretion to	55114
preserve a portion of the trust shall not qualify as a clear	55115
statement requiring the trustee to preserve a portion of the	55116
trust.	55117

(b) If a trust contains a clear statement requiring the	55118
trustee to use a portion of the trust for a purpose other than	55119
medical care, care, comfort, maintenance, welfare, or general well	55120
being of the applicant or recipient, that portion of the trust	55121
shall not be counted as an available resource. Terms of a trust	55122
that grant discretion to limit the use of a portion of the trust	55123
shall not qualify as a clear statement requiring the trustee to	55124
use a portion of the trust for a particular purpose.	55125

(c) If a trust contains a clear statement limiting the	55126
trustee to making fixed periodic payments, the trust shall not be	55127
counted as an available resource and payments shall be treated in	55128
accordance with rules adopted by the department of job and family	55129
services governing income. Terms of a trust that grant discretion	55130
to limit payments shall not qualify as a clear statement requiring	55131
the trustee to make fixed periodic payments.	55132

(d) If a trust contains a clear statement that requires the	55133
trustee to terminate the trust if it is counted as an available	55134
resource, the trust shall not be counted as an available resource.	55135
Terms of a trust that grant discretion to terminate the trust do	55136
not qualify as a clear statement requiring the trustee to	55137
terminate the trust.	55138

(e) If a person obtains a judgment from a court of competent	55139
jurisdiction that expressly prevents the trustee from using part	55140
or all of the trust for the medical care, care, comfort,	55141
maintenance, welfare, or general well being of the applicant or	55142
recipient, the trust or that portion of the trust subject to the	55143
court order shall not be counted as a resource.	55144

(f) If a trust is specifically exempt from being counted as	55145
an available resource by a provision of the Revised Code, rules,	55146
or federal law, the trust shall not be counted as a resource.	55147

(g) If an applicant or recipient presents a final judgment	55148
from a court demonstrating that the applicant or recipient was	55149
unsuccessful in a civil action against the trustee to compel	55150
payments from the trust, the trust shall not be counted as an	55151
available resource.	55152

(h) If an applicant or recipient presents a final judgment	55153
from a court demonstrating that in a civil action against the	55154
trustee the applicant or recipient was only able to compel limited	55155
or periodic payments, the trust shall not be counted as an	55156
available resource and payments shall be treated in accordance	55157
with rules adopted by the department of job and family services	55158
governing income.	55159

(i) If an applicant or recipient provides written	55160
documentation showing that the cost of a civil action brought to	55161
compel payments from the trust would be cost prohibitive, the	55162
trust shall not be counted as an available resource.	55163

(5) Any actual payments to the applicant or recipient from a	55164
trust that meet the requirements of division (F)(1) of this	55165
section, including trusts that are not counted as an available	55166
resource, shall be treated as provided in rules adopted by the	55167
department of job and family services governing income. Payments	55168
to any person other than the applicant or recipient shall not be	55169
considered income to the applicant or recipient. Payments from the	55170
trust to a person other than the applicant or recipient shall not	55171
be considered an improper transfer of assets.	55172

Sec. 5111.16. (A) As part of the medicaid program, the	55173
department of job and family services shall establish a care	55174
management system. The department shall submit, if necessary,	55175
applications to the United States department of health and human	55176
services for waivers of federal medicaid requirements that would	55177
otherwise be violated in the implementation of the system.	55178

The department shall implement the care management system in	55179
some or all counties and shall designate the medicaid recipients	55180
who are required or permitted to participate in the system. In the	55181
case of individuals who receive medicaid on the basis of being	55182
aged, blind, or disabled, as specified in division (A)(2) of	55183
section 5111.01 of the Revised Code, all of the following apply:	55184

(1) Not later than July 1, 2004, the department shall	55185
designate a portion of the individuals for participation in the	55186
care management system.	55187

(2) Individuals shall not be designated for participation	55188
unless they reside in a county in which individuals who receive	55189
medicaid on another basis have been designated for participation.	55190

(3) If, pursuant to division (B)(2) of this section, the	55191
department requires or permits the individuals to obtain health	55192
care services through managed care organizations, the department	55193
shall select the managed care organizations to be used by the	55194
individuals through a request for proposals process. The	55195
department shall issue its initial request for proposals not later	55196
than December 31, 2003.	55197

(4) Individuals shall not be required to obtain health care	55198
services through managed care organizations unless they are at	55199
least twenty-one years of age.	55200

(B) Under the care management system, the department may do	55201
both of the following:	55202

(1) Require or permit participants in the system to obtain	55203
health care services from providers designated by the department;	55204

(2) Subject to division (A)(4) of this section, require or	55205
permit participants in the system to obtain health care services	55206
through managed care organizations under contract with the	55207
department pursuant to section 5111.17 of the Revised Code.	55208

(C) The director of job and family services may adopt rules	55209
in accordance with Chapter 119. of the Revised Code to implement	55210
this section.	55211

Sec. 5111.161.  (A) As used in this section, "chronically ill	55212
child" means an individual who is not more than twenty-one years	55213
of age and meets the conditions specified in division (A)(2) of	55214
section 5111.01 of the Revised Code to be eligible for medicaid on	55215
the basis of being blind or disabled.	55216

(B) The department of job and family services shall develop a	55217
pilot program under which chronically ill children are included	55218
among the medicaid recipients who are required to participate in	55219
the care management system established under section 5111.16 of	55220
the Revised Code. The pilot program shall be implemented not later	55221
than October 1, 2003. The department shall operate the program	55222
until October 1, 2005, except that the department shall cease	55223
operation of the program before that date if either of the	55224
following is the case:	55225

(1) The department determines that requiring chronically ill	55226
children to participate in the care management system is not a	55227
cost-effective means of providing medicaid services;	55228

(2) The combined state and federal cost of operating the	55229
program reaches three million dollars.	55230

(C) The department shall ensure that the pilot program is	55231
operated in Hamilton county, Muskingum county, and at least one	55232
other county selected by the department. The department may extend	55233
its operation of the program into the areas surrounding the	55234
counties in which the program is operated.	55235

(D) The purpose of the pilot program shall be to determine	55236
whether occurrences of acute illnesses and hospitalizations among	55237
chronically ill children can be prevented or reduced by	55238
establishing a medical home for the children where care is	55239
administered proactively and in a manner that is accessible,	55240
continuous, family-centered, coordinated, and compassionate. In	55241
establishing a medical home for a chronically ill child, all of	55242
the following apply:	55243

(1) A physician shall serve as the care coordinator for the	55244
child. The care coordinator may be engaged in practice as a	55245
pediatrician certified in pediatrics by a medical specialty board	55246
of the American medical association or American osteopathic	55247
association, a pediatric subspecialist, or a provider for the	55248
bureau of children with medical handicaps within the department of	55249
health. If the physician is in a group practice, any member of the	55250
group practice may serve as the child's care coordinator. The	55251
duties of the care coordinator may be performed by a person acting	55252
under the supervision of the care coordinator.	55253

(2) The child may receive care from any health care	55254
practitioner appropriate to the child's needs, but the care	55255
coordinator shall direct and oversee the child's overall care.	55256

(3) The care coordinator shall establish a relationship of	55257
mutual responsibility with the child's parents or other persons	55258
who are responsible for the child. Under this relationship, the	55259
care coordinator shall commit to developing a long-term disease	55260
prevention strategy and providing disease management and education	55261
services, while the child's parents or other persons who are	55262
responsible for the child shall commit to participate fully in	55263
implementing the child's care management plan.	55264

(4) The medicaid program shall provide reimbursement for the	55265
reasonable and necessary costs of the services associated with	55266
care coordination, including, but not limited to, case management,	55267
care plan oversight, preventive care, health and behavioral care	55268
assessment and intervention, and any service modifier that	55269
reflects the provision of prolonged services or additional care.	55270

(E) The department shall conduct an evaluation of the pilot	55271
program's effectiveness. As part of the evaluation, the department	55272
shall maintain statistics on physician expenditures, hospital	55273
expenditures, preventable hospitalizations, and other matters the	55274
department considers necessary to conduct the evaluation.	55275

(F) The department shall adopt rules in accordance with	55276
Chapter 119. of the Revised Code as necessary to implement this	55277
section. The rules shall specify standards and procedures to be	55278
used in designating the chronically ill children who are required	55279
to participate in the pilot program.	55280

Sec. 5111.17.  (A) On receipt of a waiver from the United	55281
States department of health and human services of any federal	55282
requirement that would otherwise be violated, theThe department	55283
of job and family services may establish in some or all counties a	55284
managed care system under which designated recipients of medical	55285
assistance are required to obtain health care services from	55286
providers designated by the department.	55287

(B) The department may enter into contracts with managed care	55288
organizations to authorize, including health insuring	55289
corporations, under which the organizations are authorized to	55290
provide, or arrange for the provision of, health care services to	55291
medical assistance recipients participating in awho are required	55292
or permitted to obtain health care services through managed care	55293
organizations as part of the care management system established	55294
under this section 5111.16 of the Revised Code.	55295

(C) For the purpose of determining the amount the department	55296
pays hospitals under section 5112.08 of the Revised Code and the	55297
amount of disproportionate share hospital payments paid by the	55298
medicare program established under Title XVIII of the "Social	55299
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,	55300
each managed care organization under contract with the department	55301
to provide hospital services to participating medical assistance	55302
recipients shall keep detailed records for each hospital with	55303
which it contracts about the cost to the hospital of providing the	55304
care, payments made by the organization to the hospital for the	55305
care, utilization of hospital services by medical assistance	55306
recipients participating in managed care, and other utilization	55307
data required by the department.	55308

(D)(B) The director of job and family services may adopt	55309
rules in accordance with Chapter 119. of the Revised Code to	55310
implement this section.	55311

Sec. 5111.171. (A) The department of job and family services	55312
may provide financial incentive awards to managed care	55313
organizations thatunder contract with the department under	55314
pursuant to section 5111.17 of the Revised Code to provide health	55315
care services to participating medical assistance recipients and	55316
that meet or exceed performance standards specified in provider	55317
agreements or rules adopted by the department. The department may	55318
specify in a contract with a managed care organization the amounts	55319
of financial incentive awards, methodology for distributing	55320
awards, types of awards, and standards for administration by the	55321
department.	55322

(B) There is hereby created in the state treasury the health	55323
care compliance fund. The fund shall consist of all fines imposed	55324
on and collected from managed care organizations for failure to	55325
nmeetmeet performance standards or other requirements specified	55326
in provider agreements or rules adopted by the department. All	55327
investment earnings of the fund shall be credited to the fund.	55328
Moneys credited to the fund shall be used solely for the following	55329
purposes:	55330

(1) To reimburse managed care organizations that have paid	55331
fines for failures to meet performance standards or other	55332
requirements and that have come into compliance by meeting	55333
requirements as specified by the department;	55334

(2) To provide financial incentive awards established	55335
pursuant to division (A) of this section and specified in	55336
contracts between managed care organizations and the department.	55337

Sec. 5111.172.  When contracting under section 5111.17 of the	55338
Revised Code with a managed care organization that is a health	55339
insuring corporation, the department of job and family services	55340
may require the health insuring corporation to provide coverage of	55341
prescription drugs for medicaid recipients enrolled in the health	55342
insuring corporation. In providing the required coverage, the	55343
health insuring corporation may, subject to the department's	55344
approval, use strategies for the management of drug utilization.	55345

Sec. 5111.173.  The department of job and family services	55346
shall appoint a temporary manager for a managed care organization	55347
under contract with the department pursuant to section 5111.17 of	55348
the Revised Code if the department determines that the managed	55349
care organization has repeatedly failed to meet substantive	55350
requirements specified in section 1903(m) of the "Social Security	55351
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396b(m), as amended; section	55352
1932 of the Social Security Act, 42 U.S.C. 1396u-2, as amended; or	55353
42 C.F.R. 438 Part I. The appointment of a temporary manager does	55354
not preclude the department from imposing other sanctions	55355
available to the department against the managed care organization.	55356

The managed care organization shall pay all costs of having	55357
the temporary manager perform the temporary manager's duties,	55358
including all costs the temporary manager incurs in performing	55359
those duties. If the temporary manager incurs costs or liabilities	55360
on behalf of the managed care organization, the managed care	55361
organization shall pay those costs and be responsible for those	55362
liabilities.	55363

The appointment of a temporary manager is not subject to	55364
Chapter 119. of the Revised Code, but the managed care	55365
organization may request a reconsideration of the appointment.	55366
Reconsiderations shall be requested and conducted in accordance	55367
with rules the director of job and family services shall adopt in	55368
accordance with Chapter 119. of the Revised Code.	55369

The appointment of a temporary manager does not cause the	55370
managed care organization to lose the right to appeal, in	55371
accordance with Chapter 119. of the Revised Code, any proposed	55372
termination or any decision not to renew the managed care	55373
organization's medicaid provider agreement or the right to	55374
initiate the sale of the managed care organization or its assets.	55375

In addition to the rules required to be adopted under this	55376
section, the director may adopt any other rules necessary to	55377
implement this section. The rules shall be adopted in accordance	55378
with Chapter 119. of the Revised Code.	55379

Sec. 5111.174.  The department of job and family services may	55380
disenroll some or all medicaid recipients enrolled in a managed	55381
care organization under contract with the department pursuant to	55382
section 5111.17 of the Revised Code if the department proposes to	55383
terminate or not to renew the contract and determines that the	55384
recipients' access to medically necessary services is jeopardized	55385
by the proposal to terminate or not to renew the contract. The	55386
disenrollment is not subject to Chapter 119. of the Revised Code,	55387
but the managed care organization may request a reconsideration of	55388
the disenrollment. Reconsiderations shall be requested and	55389
conducted in accordance with rules the director of job and family	55390
services shall adopt in accordance with Chapter 119. of the	55391
Revised Code. The request for, or conduct of, a reconsideration	55392
regarding a proposed disenrollment shall not delay the	55393
disenrollment.	55394

In addition to the rules required to be adopted under this	55395
section, the director may adopt any other rules necessary to	55396
implement this section. The rules shall be adopted in accordance	55397
with Chapter 119. of the Revised Code.	55398

Sec. 5111.175. For the purpose of determining the amount the	55399
department of job and family services pays hospitals under section	55400
5112.08 of the Revised Code and the amount of disproportionate	55401
share hospital payments paid by the medicare program established	55402
under Title XVIII of the "Social Security Act," 79 Stat. 286	55403
(1965), 42 U.S.C. 1396n, as amended, a managed care organization	55404
under contract with the department pursuant to section 5111.17 of	55405
the Revised Code authorizing the organization to provide, or	55406
arrange for the provision of, hospital services to medicaid	55407
recipients shall keep detailed records for each hospital with	55408
which it contracts about the cost to the hospital of providing the	55409
services, payments made by the organization to the hospital for	55410
the services, utilization of hospital services by medicaid	55411
recipients enrolled in the organization, and other utilization	55412
data required by the department.	55413

Sec. 5111.20.  As used in sections 5111.20 to 5111.325111.34	55414
of the Revised Code:	55415

(A) "Allowable costs" are those costs determined by the	55416
department of job and family services to be reasonable and do not	55417
include fines paid under sections 5111.35 to 5111.61 and section	55418
5111.99 of the Revised Code.	55419

(B) "Capital costs" means costs of ownership and nonextensive	55420
renovation.	55421

(1) "Cost of ownership" means the actual expense incurred for	55422
all of the following:	55423

(a) Depreciation and interest on any capital assets that cost	55424
five hundred dollars or more per item, including the following:	55425

(i) Buildings;

55426

(ii) Building improvements that are not approved as	55427
nonextensive renovations under section 5111.25 or 5111.251 of the	55428
Revised Code;	55429

(iii) Equipment;

55430

(iv) Extensive renovations;

55431

(v) Transportation equipment.

55432

(b) Amortization and interest on land improvements and	55433
leasehold improvements;	55434

(c) Amortization of financing costs;

55435

(d) Except as provided in division (I) of this section, lease	55436
and rent of land, building, and equipment.	55437

The costs of capital assets of less than five hundred dollars	55438
per item may be considered costs of ownership in accordance with a	55439
provider's practice.	55440

(2) "Costs of nonextensive renovation" means the actual	55441
expense incurred for depreciation or amortization and interest on	55442
renovations that are not extensive renovations.	55443

(C) "Capital lease" and "operating lease" shall be construed	55444
in accordance with generally accepted accounting principles.	55445

(D) "Case-mix score" means the measure determined under	55446
section 5111.231 of the Revised Code of the relative direct-care	55447
resources needed to provide care and habilitation to a resident of	55448
a nursing facility or intermediate care facility for the mentally	55449
retarded.	55450

(E) "Date of licensure," for a facility originally licensed	55451
as a nursing home under Chapter 3721. of the Revised Code, means	55452
the date specific beds were originally licensed as nursing home	55453
beds under that chapter, regardless of whether they were	55454
subsequently licensed as residential facility beds under section	55455
5123.19 of the Revised Code. For a facility originally licensed as	55456
a residential facility under section 5123.19 of the Revised Code,	55457
"date of licensure" means the date specific beds were originally	55458
licensed as residential facility beds under that section.	55459

(1) If nursing home beds licensed under Chapter 3721. of the	55460
Revised Code or residential facility beds licensed under section	55461
5123.19 of the Revised Code were not required by law to be	55462
licensed when they were originally used to provide nursing home or	55463
residential facility services, "date of licensure" means the date	55464
the beds first were used to provide nursing home or residential	55465
facility services, regardless of the date the present provider	55466
obtained licensure.	55467

(2) If a facility adds nursing home beds or residential	55468
facility beds or extensively renovates all or part of the facility	55469
after its original date of licensure, it will have a different	55470
date of licensure for the additional beds or extensively renovated	55471
portion of the facility, unless the beds are added in a space that	55472
was constructed at the same time as the previously licensed beds	55473
but was not licensed under Chapter 3721. or section 5123.19 of the	55474
Revised Code at that time.	55475

(F) "Desk-reviewed" means that costs as reported on a cost	55476
report submitted under section 5111.26 of the Revised Code have	55477
been subjected to a desk review under division (A) of section	55478
5111.27 of the Revised Code and preliminarily determined to be	55479
allowable costs.	55480

(G) "Direct care costs" means all of the following:

55481

(1)(a) Costs for registered nurses, licensed practical	55482
nurses, and nurse aides employed by the facility;	55483

(b) Costs for direct care staff, administrative nursing	55484
staff, medical directors, social services staff, activities staff,	55485
psychologists and psychology assistants, social workers and	55486
counselors, habilitation staff, qualified mental retardation	55487
professionals, program directors, respiratory therapists,	55488
habilitation supervisors, and except as provided in division	55489
(G)(2) of this section, other persons holding degrees qualifying	55490
them to provide therapy;	55491

(c) Costs of purchased nursing services;

55492

(d) Costs of quality assurance;

55493

(e) Costs of training and staff development, employee	55494
benefits, payroll taxes, and workers' compensation premiums or	55495
costs for self-insurance claims and related costs as specified in	55496
rules adopted by the director of job and family services in	55497
accordance with Chapter 119. of the Revised Code, for personnel	55498
listed in divisions (G)(1)(a), (b), and (d) of this section;	55499

(f) Costs of consulting and management fees related to direct	55500
care;	55501

(g) Allocated direct care home office costs.

55502

(2) In addition to the costs specified in division (G)(1) of	55503
this section, for intermediate care facilities for the mentally	55504
retarded only, direct care costs include both of the following:	55505

(a) Costs for physical therapists and physical therapy	55506
assistants, occupational therapists and occupational therapy	55507
assistants, speech therapists, and audiologists;	55508

(b) Costs of training and staff development, employee	55509
benefits, payroll taxes, and workers' compensation premiums or	55510
costs for self-insurance claims and related costs as specified in	55511
rules adopted by the director of job and family services in	55512
accordance with Chapter 119. of the Revised Code, for personnel	55513
listed in division (G)(2)(a) of this section.	55514

(3) Costs of other direct-care resources that are specified	55515
as direct care costs in rules adopted by the director of job and	55516
family services in accordance with Chapter 119. of the Revised	55517
Code.	55518

(H) "Fiscal year" means the fiscal year of this state, as	55519
specified in section 9.34 of the Revised Code.	55520

(I) "Indirect care costs" means all reasonable costs other	55521
than direct care costs, other protected costs, or capital costs.	55522
"Indirect care costs" includes but is not limited to costs of	55523
habilitation supplies, pharmacy consultants, medical and	55524
habilitation records, program supplies, incontinence supplies,	55525
food, enterals, dietary supplies and personnel, laundry,	55526
housekeeping, security, administration, liability insurance,	55527
bookkeeping, purchasing department, human resources,	55528
communications, travel, dues, license fees, subscriptions, home	55529
office costs not otherwise allocated, legal services, accounting	55530
services, minor equipment, maintenance and repairs, help-wanted	55531
advertising, informational advertising, consumer satisfaction	55532
survey fees paid under section 173.55 of the Revised Code,	55533
start-up costs, organizational expenses, other interest, property	55534
insurance, employee training and staff development, employee	55535
benefits, payroll taxes, and workers' compensation premiums or	55536
costs for self-insurance claims and related costs as specified in	55537
rules adopted by the director of job and family services in	55538
accordance with Chapter 119. of the Revised Code, for personnel	55539
listed in this division. Notwithstanding division (B)(1) of this	55540
section, "indirect care costs" also means the cost of equipment,	55541
including vehicles, acquired by operating lease executed before	55542
December 1, 1992, if the costs are reported as administrative and	55543
general costs on the facility's cost report for the cost reporting	55544
period ending December 31, 1992.	55545

(J) "Inpatient days" means all days during which a resident,	55546
regardless of payment source, occupies a bed in a nursing facility	55547
or intermediate care facility for the mentally retarded that is	55548
included in the facility's certified capacity under Title XIX of	55549
the "Social Security Act," 49 Stat. 610 (1935), 42 U.S.C.A. 301,	55550
as amended. Therapeutic or hospital leave days for which payment	55551
is made under section 5111.33 of the Revised Code are considered	55552
inpatient days proportionate to the percentage of the facility's	55553
per resident per day rate paid for those days.	55554

(K) "Intermediate care facility for the mentally retarded"	55555
means an intermediate care facility for the mentally retarded	55556
certified as in compliance with applicable standards for the	55557
medical assistance program by the director of health in accordance	55558
with Title XIX of the "Social Security Act."	55559

(L) "Maintenance and repair expenses" means, except as	55560
provided in division (X)(Y)(2) of this section, expenditures that	55561
are necessary and proper to maintain an asset in a normally	55562
efficient working condition and that do not extend the useful life	55563
of the asset two years or more. "Maintenance and repair expenses"	55564
includes but is not limited to the cost of ordinary repairs such	55565
as painting and wallpapering.	55566

(M) "Nursing facility" means a facility, or a distinct part	55567
of a facility, that is certified as a nursing facility by the	55568
director of health in accordance with Title XIX of the "Social	55569
Security Act," and is not an intermediate care facility for the	55570
mentally retarded. "Nursing facility" includes a facility, or a	55571
distinct part of a facility, that is certified as a nursing	55572
facility by the director of health in accordance with Title XIX of	55573
the "Social Security Act," and is certified as a skilled nursing	55574
facility by the director in accordance with Title XVIII of the	55575
"Social Security Act."	55576

(N) "Operator" means the person or government entity	55577
responsible for the daily operating and management decisions for a	55578
nursing facility or intermediate care facility for the mentally	55579
retarded.	55580

(O) "Other protected costs" means costs for medical supplies;	55581
real estate, franchise, and property taxes; natural gas, fuel oil,	55582
water, electricity, sewage, and refuse and hazardous medical waste	55583
collection; allocated other protected home office costs; and any	55584
additional costs defined as other protected costs in rules adopted	55585
by the director of job and family services in accordance with	55586
Chapter 119. of the Revised Code.	55587

(O)(P) "Owner" means any person or government entity that has	55588
at least five per cent ownership or interest, either directly,	55589
indirectly, or in any combination, in any of the following	55590
regarding a nursing facility or intermediate care facility for the	55591
mentally retarded:	55592

(a) The land on which the facility is located;

55593

(b) The structure in which the facility is located;

55594

(c) Any mortgage, contract for deed, or other obligation	55595
secured in whole or in part by the land or structure on or in	55596
which the facility is located;	55597

(d) Any lease or sublease of the land or structure on or in	55598
which the facility is located.	55599

(2) "Owner" does not mean a holder of a debenture or bond	55600
related to the nursing facility or intermediate care facility for	55601
the mentally retarded and purchased at public issue or a regulated	55602
lender that has made a loan related to the facility unless the	55603
holder or lender operates the facility directly or through a	55604
subsidiary.	55605

(P)(Q) "Patient" includes "resident."

55606

(Q)(R) Except as provided in divisions (Q)(R)(1) and (2) of	55607
this section, "per diem" means a nursing facility's or	55608
intermediate care facility for the mentally retarded's actual,	55609
allowable costs in a given cost center in a cost reporting period,	55610
divided by the facility's inpatient days for that cost reporting	55611
period.	55612

(1) When calculating indirect care costs for the purpose of	55613
establishing rates under section 5111.24 or 5111.241 of the	55614
Revised Code, "per diem" means a facility's actual, allowable	55615
indirect care costs in a cost reporting period divided by the	55616
greater of the facility's inpatient days for that period or the	55617
number of inpatient days the facility would have had during that	55618
period if its occupancy rate had been eighty-five per cent.	55619

(2) When calculating capital costs for the purpose of	55620
establishing rates under section 5111.25 or 5111.251 of the	55621
Revised Code, "per diem" means a facility's actual, allowable	55622
capital costs in a cost reporting period divided by the greater of	55623
the facility's inpatient days for that period or the number of	55624
inpatient days the facility would have had during that period if	55625
its occupancy rate had been ninety-five per cent.	55626

(R)(S) "Provider" means a person or government entity that	55627
operates a nursing facility or intermediate care facility for the	55628
mentally retarded under a provider agreement.	55629

(S)(T) "Provider agreement" means a contract between the	55630
department of job and family services and a nursing facility or	55631
intermediate care facility for the mentally retarded for the	55632
provision of nursing facility services or intermediate care	55633
facility services for the mentally retarded under the medical	55634
assistance program.	55635

(T)(U) "Purchased nursing services" means services that are	55636
provided in a nursing facility by registered nurses, licensed	55637
practical nurses, or nurse aides who are not employees of the	55638
facility.	55639

(U)(V) "Reasonable" means that a cost is an actual cost that	55640
is appropriate and helpful to develop and maintain the operation	55641
of patient care facilities and activities, including normal	55642
standby costs, and that does not exceed what a prudent buyer pays	55643
for a given item or services. Reasonable costs may vary from	55644
provider to provider and from time to time for the same provider.	55645

(V)(W) "Related party" means an individual or organization	55646
that, to a significant extent, has common ownership with, is	55647
associated or affiliated with, has control of, or is controlled	55648
by, the provider.	55649

(1) An individual who is a relative of an owner is a related	55650
party.	55651

(2) Common ownership exists when an individual or individuals	55652
possess significant ownership or equity in both the provider and	55653
the other organization. Significant ownership or equity exists	55654
when an individual or individuals possess five per cent ownership	55655
or equity in both the provider and a supplier. Significant	55656
ownership or equity is presumed to exist when an individual or	55657
individuals possess ten per cent ownership or equity in both the	55658
provider and another organization from which the provider	55659
purchases or leases real property.	55660

(3) Control exists when an individual or organization has the	55661
power, directly or indirectly, to significantly influence or	55662
direct the actions or policies of an organization.	55663

(4) An individual or organization that supplies goods or	55664
services to a provider shall not be considered a related party if	55665
all of the following conditions are met:	55666

(a) The supplier is a separate bona fide organization.

55667

(b) A substantial part of the supplier's business activity of	55668
the type carried on with the provider is transacted with others	55669
than the provider and there is an open, competitive market for the	55670
types of goods or services the supplier furnishes.	55671

(c) The types of goods or services are commonly obtained by	55672
other nursing facilities or intermediate care facilities for the	55673
mentally retarded from outside organizations and are not a basic	55674
element of patient care ordinarily furnished directly to patients	55675
by the facilities.	55676

(d) The charge to the provider is in line with the charge for	55677
the goods or services in the open market and no more than the	55678
charge made under comparable circumstances to others by the	55679
supplier.	55680

(W)(X) "Relative of owner" means an individual who is related	55681
to an owner of a nursing facility or intermediate care facility	55682
for the mentally retarded by one of the following relationships:	55683

(1) Spouse;

55684

(2) Natural parent, child, or sibling;

55685

(3) Adopted parent, child, or sibling;

55686

(4) Step-parent, step-child, step-brother, or step-sister;

55687

(5) Father-in-law, mother-in-law, son-in-law,	55688
daughter-in-law, brother-in-law, or sister-in-law;	55689

(6) Grandparent or grandchild;

55690

(7) Foster caregiver, foster child, foster brother, or foster	55691
sister.	55692

(X)(Y) "Renovation" and "extensive renovation" mean:

55693

(1) Any betterment, improvement, or restoration of a nursing	55694
facility or intermediate care facility for the mentally retarded	55695
started before July 1, 1993, that meets the definition of a	55696
renovation or extensive renovation established in rules adopted by	55697
the director of job and family services in effect on December 22,	55698
1992.	55699

(2) In the case of betterments, improvements, and	55700
restorations of nursing facilities and intermediate care	55701
facilities for the mentally retarded started on or after July 1,	55702
1993:	55703

(a) "Renovation" means the betterment, improvement, or	55704
restoration of a nursing facility or intermediate care facility	55705
for the mentally retarded beyond its current functional capacity	55706
through a structural change that costs at least five hundred	55707
dollars per bed. A renovation may include betterment, improvement,	55708
restoration, or replacement of assets that are affixed to the	55709
building and have a useful life of at least five years. A	55710
renovation may include costs that otherwise would be considered	55711
maintenance and repair expenses if they are an integral part of	55712
the structural change that makes up the renovation project.	55713
"Renovation" does not mean construction of additional space for	55714
beds that will be added to a facility's licensed or certified	55715
capacity.	55716

(b) "Extensive renovation" means a renovation that costs more	55717
than sixty-five per cent and no more than eighty-five per cent of	55718
the cost of constructing a new bed and that extends the useful	55719
life of the assets for at least ten years.	55720

For the purposes of division (X)(Y)(2) of this section, the	55721
cost of constructing a new bed shall be considered to be forty	55722
thousand dollars, adjusted for the estimated rate of inflation	55723
from January 1, 1993, to the end of the calendar year during which	55724
the renovation is completed, using the consumer price index for	55725
shelter costs for all urban consumers for the north central	55726
region, as published by the United States bureau of labor	55727
statistics.	55728

The department of job and family services may treat a	55729
renovation that costs more than eighty-five per cent of the cost	55730
of constructing new beds as an extensive renovation if the	55731
department determines that the renovation is more prudent than	55732
construction of new beds.	55733

Sec. 5111.206. (A) As used in this section, "nursing	55734
facility" has the same meaning as in section 5111.20 of the	55735
Revised Code.	55736

(B) To the extent funds are available, the director of job	55737
and family services may establish the Ohio access success project	55738
to help medicaid recipients make the transition from residing in a	55739
nursing facility to residing in a community setting. The program	55740
may be established as a separate non-medicaid program or	55741
integrated into a new or existing Medicaid home and	55742
community-based services program established under a waiver	55743
approved by the federal centers for medicare and medicaid	55744
services. The department may limit the number of program	55745
participants.	55746

To be eligible for benefits under the project, a medicaid	55747
recipient must satisfy all of the following requirements:	55748

(1) Be a recipient of medicaid-funded nursing facility care,	55749
at the time of applying for the benefits;	55750

(2) Have resided continuously in a nursing facility since	55751
January 1, 2002;	55752

(3) Need the level of care provided by nursing facilities;

55753

(4) For participation in a non-medicaid program, receive	55754
services to remain in the community with a projected cost not	55755
exceeding eighty per cent of the average monthly medicaid cost of	55756
a medicaid recipient in a nursing facility;	55757

(5) For participation in a program established under a home	55758
and community-based services waiver, meet waiver enrollment	55759
criteria.	55760

(C) If the director establishes the Ohio access success	55761
project, the benefits provided under the project may include	55762
payment of all of the following:	55763

(1) The first month's rent in a community setting;

55764

(2) Rental deposits;

55765

(3) Utility deposits;

55766

(4) Moving expenses;

55767

(5) Other expenses not covered by the medicaid program that	55768
facilitate a medicaid recipient's move from a nursing facility to	55769
a community setting.	55770

(D) If the project is established as a non-medicaid program,	55771
no participant may receive more than two thousand dollars worth of	55772
benefits under the project.	55773

(E) The director may submit a request to the United States	55774
secretary of health and human services pursuant to section 1915 of	55775
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n,	55776
as amended, to create a medicaid home and community-based services	55777
waiver programs to serve individuals who meet the criteria for	55778
participation in the Ohio access success project. The director may	55779
adopt rules under Chapter 119. of the Revised Code for the	55780
administration and operation of the program.	55781

Sec. 5111.21.  (A) Subject to sections 5111.01, 5111.011,	55782
5111.012, and 5111.02, and 5111.6810 of the Revised Code, the	55783
department of job and family services shall pay, as provided in	55784
sections 5111.20 to 5111.32 of the Revised Code, the reasonable	55785
costs of services provided to an eligible medicaid recipient by an	55786
eligible nursing facility or intermediate care facility for the	55787
mentally retarded.	55788

In order to be eligible for medical assistance payments, an	55789
operator of a nursing facility or intermediate care facility for	55790
the mentally retarded shall do all of the following:	55791

(1) Enter into a provider agreement with the department as	55792
provided in section 5111.22, 5111.671, or 5111.672 of the Revised	55793
Code;	55794

(2) Apply for and maintain a valid license to operate if so	55795
required by law;	55796

(3) Comply with all applicable state and federal laws and	55797
rules.	55798

(B) AAn operator of a nursing facility that elects to obtain	55799
and maintain eligibility for payments under the medicaremedicaid	55800
program established by Title XVIII of the "Social Security Act,"	55801
49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended mayshall qualify	55802
all or part of the facilityof the facility's medicaid-certified	55803
beds in the medicare program established by Title XVIII of the	55804
"Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395. The	55805
director of job and family services may adopt rules in accordance	55806
with Chapter 119. of the Revised Code to establish the time frame	55807
in which a nursing facility must comply with this requirement.	55808

Sec. 5111.22.  A provider agreement between the department of	55809
job and family services and an operator of a nursing facility or	55810
intermediate care facility for the mentally retarded shall contain	55811
the following provisions:	55812

(A) The department agrees to:

55813

(1) Makemake payments to the nursing facility or	55814
intermediate care facility for the mentally retarded for patients	55815
eligible for services under the medical assistance program as	55816
provided in sections 5111.20 to 5111.32 of the Revised Code. No	55817
payment shall be made for the day a recipient is discharged from	55818
the facility.	55819

(2) Provide copies of rules governing the facility's	55820
participation as a provider in the medical assistance program.	55821
Whenever the director of job and family services files a proposed	55822
rule or proposed rule in revised form under division (D) of	55823
section 111.15 or division (B) of section 119.03 of the Revised	55824
Code, the department shall provide the facility with one copy of	55825
such rule. In the case of a rescission or proposed rescission of a	55826
rule, the department may provide the rule number and title instead	55827
of the rules rescinded or proposed to be rescinded.	55828

(B) The provideroperator agrees to:

55829

(1) Maintain eligibility as provided in section 5111.21 of	55830
the Revised Code;	55831

(2) Keep records relating to a cost reporting period for the	55832
greater of seven years after the cost report is filed or, if the	55833
department issues an audit report in accordance with division (B)	55834
of section 5111.27 of the Revised Code, six years after all appeal	55835
rights relating to the audit report are exhausted;	55836

(3) File reports as required by the department;

55837

(4) Open all records relating to the costs of its services	55838
for inspection and audit by the department;	55839

(5) Open its premises for inspection by the department, the	55840
department of health, and any other state or local authority	55841
having authority to inspect;	55842

(6) Supply to the department such information as it requires	55843
concerning the facility's services to patients who are or are	55844
eligible to be medicaid recipients;	55845

(7) Comply with section 5111.31 of the Revised Code.

55846

The provider agreement may contain other provisions that are	55847
consistent with law and considered necessary by the department.	55848

A provider agreement shall be effective for no longer than	55849
twelve months, except that if federal statute or regulations	55850
authorize a longer term, it may be effective for a longer term so	55851
authorized. A provider agreement may be renewed only if the	55852
facility is certified by the department of health for	55853
participation in the medicaid program.	55854

The department of job and family services, in accordance with	55855
rules adopted by the director pursuant to Chapter 119. of the	55856
Revised Code, may elect not to enter into, not to renew, or to	55857
terminate a provider agreement when the department determines that	55858
such an agreement would not be in the best interests of the	55859
recipients or of the state.	55860

Sec. 5111.222. An operator of a nursing facility or	55861
intermediate care facility for the mentally retarded may enter	55862
into provider agreements for more than one nursing facility or	55863
intermediate care facility for the mentally retarded.	55864

Sec. 5111.25.  (A) The department of job and family services	55865
shall pay each eligible nursing facility a per resident per day	55866
rate for its reasonable capital costs established prospectively	55867
each fiscal year for each facility. Except as otherwise provided	55868
in sections 5111.20 to 5111.32 of the Revised Code, the rate shall	55869
be based on the facility's capital costs for the calendar year	55870
preceding the fiscal year in which the rate will be paid. The rate	55871
shall equal the sum of divisions (A)(1) to (3) of this section:	55872

(1) The lesser of the following:

55873

(a) Eighty-eight and sixty-five one-hundredths per cent of	55874
the facility's desk-reviewed, actual, allowable, per diem cost of	55875
ownership and eighty-five per cent of the facility's actual,	55876
allowable, per diem cost of nonextensive renovation determined	55877
under division (F) of this section;	55878

(b) Eighty-eight and sixty-five one-hundredths per cent of	55879
the following limitation:	55880

(i) For the fiscal year beginning July 1, 1993, sixteen	55881
dollars per resident day;	55882

(ii) For the fiscal year beginning July 1, 1994, sixteen	55883
dollars per resident day, adjusted to reflect the rate of	55884
inflation for the twelve-month period beginning July 1, 1992, and	55885
ending June 30, 1993, using the consumer price index for shelter	55886
costs for all urban consumers for the north central region,	55887
published by the United States bureau of labor statistics;	55888

(iii) For subsequent fiscal years, the limitation in effect	55889
during the previous fiscal year, adjusted to reflect the rate of	55890
inflation for the twelve-month period beginning on the first day	55891
of July for the calendar year preceding the calendar year that	55892
precedes the fiscal year and ending on the following thirtieth day	55893
of June, using the consumer price index for shelter costs for all	55894
urban consumers for the north central region, published by the	55895
United States bureau of labor statistics.	55896

(2) Any efficiency incentive determined under division (D) of	55897
this section;	55898

(3) Any amounts for return on equity determined under	55899
division (H) of this section.	55900

Buildings shall be depreciated using the straight line method	55901
over forty years or over a different period approved by the	55902
department. Components and equipment shall be depreciated using	55903
the straight-line method over a period designated in rules adopted	55904
by the director of job and family services in accordance with	55905
Chapter 119. of the Revised Code, consistent with the guidelines	55906
of the American hospital association, or over a different period	55907
approved by the department. Any rules adopted under this division	55908
that specify useful lives of buildings, components, or equipment	55909
apply only to assets acquired on or after July 1, 1993.	55910
Depreciation for costs paid or reimbursed by any government agency	55911
shall not be included in cost of ownership or renovation unless	55912
that part of the payment under sections 5111.20 to 5111.32 of the	55913
Revised Code is used to reimburse the government agency.	55914

(B) The capital cost basis of nursing facility assets shall	55915
be determined in the following manner:	55916

(1) For purposes of calculating the rate to be paid for the	55917
fiscal year beginning July 1, 1993, for facilities with dates of	55918
licensure on or before June 30, 1993, the capital cost basis shall	55919
be equal to the following:	55920

(a) For facilities that have not had a change of ownership	55921
during the period beginning January 1, 1993, and ending June 30,	55922
1993, the desk-reviewed, actual, allowable capital cost basis that	55923
is listed on the facility's cost report for the cost reporting	55924
period ending December 31, 1992, plus the actual, allowable	55925
capital cost basis of any assets constructed or acquired after	55926
December 31, 1992, but before July 1, 1993, if the aggregate	55927
capital costs of those assets would increase the facility's rate	55928
for capital costs by twenty or more cents per resident per day.	55929

(b) For facilities that have a date of licensure or had a	55930
change of ownership during the period beginning January 1, 1993,	55931
and ending June 30, 1993, the actual, allowable capital cost basis	55932
of the person or government entity that owns the facility on June	55933
30, 1993.	55934

Capital cost basis shall be calculated as provided in	55935
division (B)(1) of this section subject to approval by the United	55936
States health care financing administration of any necessary	55937
amendment to the state plan for providing medical assistance.	55938

The department shall include the actual, allowable capital	55939
cost basis of assets constructed or acquired during the period	55940
beginning January 1, 1993, and ending June 30, 1993, in the	55941
calculation for the facility's rate effective July 1, 1993, if the	55942
aggregate capital costs of the assets would increase the	55943
facility's rate by twenty or more cents per resident per day and	55944
the facility provides the department with sufficient documentation	55945
of the costs before June 1, 1993. If the facility provides the	55946
documentation after that date, the department shall adjust the	55947
facility's rate to reflect the costs of the assets one month after	55948
the first day of the month after the department receives the	55949
documentation.	55950

(2) Except as provided in division (B)(4) of this section,	55951
for purposes of calculating the rates to be paid for fiscal years	55952
beginning after June 30, 1994, for facilities with dates of	55953
licensure on or before June 30, 1993, the capital cost basis of	55954
each asset shall be equal to the desk-reviewed, actual, allowable,	55955
capital cost basis that is listed on the facility's cost report	55956
for the calendar year preceding the fiscal year during which the	55957
rate will be paid.	55958

(3) For facilities with dates of licensure after June 30,	55959
1993, the capital cost basis shall be determined in accordance	55960
with the principles of the medicare program established under	55961
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	55962
U.S.C.A. 301, as amended, except as otherwise provided in sections	55963
5111.20 to 5111.32 of the Revised Code.	55964

(4) Except as provided in division (B)(5) of this section, if	55965
a provider transfers an interest in a facility to another provider	55966
after June 30, 1993, there shall be no increase in the capital	55967
cost basis of the asset if the providers are related parties. If	55968
the providers are not related parties or if they are related	55969
parties and division (B)(5) of this section requires the	55970
adjustment of the capital cost basis under this division, the	55971
basis of the asset shall be adjusted by the lesser of the	55972
following:	55973

(a) One-half of the change in construction costs during the	55974
time that the transferor held the asset, as calculated by the	55975
department of job and family services using the "Dodge building	55976
cost indexes, northeastern and north central states," published by	55977
Marshall and Swift;	55978

(b) One-half of the change in the consumer price index for	55979
all items for all urban consumers, as published by the United	55980
States bureau of labor statistics, during the time that the	55981
transferor held the asset.	55982

(5) If a provider transfers an interest in a facility to	55983
another provider who is a related party, the capital cost basis of	55984
the asset shall be adjusted as specified in division (B)(4) of	55985
this section for a transfer to a provider that is not a related	55986
party if all of the following conditions are met:	55987

(a) The related party is a relative of owner;

55988

(b) Except as provided in division (B)(5)(c)(ii) of this	55989
section, the provider making the transfer retains no ownership	55990
interest in the facility;	55991

(c) The department of job and family services determines that	55992
the transfer is an arm's length transaction pursuant to rules the	55993
department shall adopt in accordance with Chapter 119. of the	55994
Revised Code no later than December 31, 2000. The rules shall	55995
provide that a transfer is an arm's length transaction if all of	55996
the following apply:	55997

(i) Once the transfer goes into effect, the provider that	55998
made the transfer has no direct or indirect interest in the	55999
provider that acquires the facility or the facility itself,	56000
including interest as an owner, officer, director, employee,	56001
independent contractor, or consultant, but excluding interest as a	56002
creditor.	56003

(ii) The provider that made the transfer does not reacquire	56004
an interest in the facility except through the exercise of a	56005
creditor's rights in the event of a default. If the provider	56006
reacquires an interest in the facility in this manner, the	56007
department shall treat the facility as if the transfer never	56008
occurred when the department calculates its reimbursement rates	56009
for capital costs.	56010

(iii) The transfer satisfies any other criteria specified in	56011
the rules.	56012

(d) Except in the case of hardship caused by a catastrophic	56013
event, as determined by the department, or in the case of a	56014
provider making the transfer who is at least sixty-five years of	56015
age, not less than twenty years have elapsed since, for the same	56016
facility, the capital cost basis was adjusted most recently under	56017
division (B)(5) of this section or actual, allowable cost of	56018
ownership was determined most recently under division (C)(9) of	56019
this section.	56020

(C) As used in this division, "lease expense" means lease	56021
payments in the case of an operating lease and depreciation	56022
expense and interest expense in the case of a capital lease. As	56023
used in this division, "new lease" means a lease, to a different	56024
lessee, of a nursing facility that previously was operated under a	56025
lease.	56026

(1) Subject to the limitation specified in division (A)(1) of	56027
this section, for a lease of a facility that was effective on May	56028
27, 1992, the entire lease expense is an actual, allowable cost of	56029
ownership during the term of the existing lease. The entire lease	56030
expense also is an actual, allowable cost of ownership if a lease	56031
in existence on May 27, 1992, is renewed under either of the	56032
following circumstances:	56033

(a) The renewal is pursuant to a renewal option that was in	56034
existence on May 27, 1992;	56035

(b) The renewal is for the same lease payment amount and	56036
between the same parties as the lease in existence on May 27,	56037
1992.	56038

(2) Subject to the limitation specified in division (A)(1) of	56039
this section, for a lease of a facility that was in existence but	56040
not operated under a lease on May 27, 1992, actual, allowable cost	56041
of ownership shall include the lesser of the annual lease expense	56042
or the annual depreciation expense and imputed interest expense	56043
that would be calculated at the inception of the lease using the	56044
lessor's entire historical capital asset cost basis, adjusted by	56045
the lesser of the following amounts:	56046

(a) One-half of the change in construction costs during the	56047
time the lessor held each asset until the beginning of the lease,	56048
as calculated by the department using the "Dodge building cost	56049
indexes, northeastern and north central states," published by	56050
Marshall and Swift;	56051

(b) One-half of the change in the consumer price index for	56052
all items for all urban consumers, as published by the United	56053
States bureau of labor statistics, during the time the lessor held	56054
each asset until the beginning of the lease.	56055

(3) Subject to the limitation specified in division (A)(1) of	56056
this section, for a lease of a facility with a date of licensure	56057
on or after May 27, 1992, that is initially operated under a	56058
lease, actual, allowable cost of ownership shall include the	56059
annual lease expense if there was a substantial commitment of	56060
money for construction of the facility after December 22, 1992,	56061
and before July 1, 1993. If there was not a substantial commitment	56062
of money after December 22, 1992, and before July 1, 1993, actual,	56063
allowable cost of ownership shall include the lesser of the annual	56064
lease expense or the sum of the following:	56065

(a) The annual depreciation expense that would be calculated	56066
at the inception of the lease using the lessor's entire historical	56067
capital asset cost basis;	56068

(b) The greater of the lessor's actual annual amortization of	56069
financing costs and interest expense at the inception of the lease	56070
or the imputed interest expense calculated at the inception of the	56071
lease using seventy per cent of the lessor's historical capital	56072
asset cost basis.	56073

(4) Subject to the limitation specified in division (A)(1) of	56074
this section, for a lease of a facility with a date of licensure	56075
on or after May 27, 1992, that was not initially operated under a	56076
lease and has been in existence for ten years, actual, allowable	56077
cost of ownership shall include the lesser of the annual lease	56078
expense or the annual depreciation expense and imputed interest	56079
expense that would be calculated at the inception of the lease	56080
using the entire historical capital asset cost basis of the	56081
lessor, adjusted by the lesser of the following:	56082

(a) One-half of the change in construction costs during the	56083
time the lessor held each asset until the beginning of the lease,	56084
as calculated by the department using the "Dodge building cost	56085
indexes, northeastern and north central states," published by	56086
Marshall and Swift;	56087

(b) One-half of the change in the consumer price index for	56088
all items for all urban consumers, as published by the United	56089
States bureau of labor statistics, during the time the lessor held	56090
each asset until the beginning of the lease.	56091

(5) Subject to the limitation specified in division (A)(1) of	56092
this section, for a new lease of a facility that was operated	56093
under a lease on May 27, 1992, actual, allowable cost of ownership	56094
shall include the lesser of the annual new lease expense or the	56095
annual old lease payment. If the old lease was in effect for ten	56096
years or longer, the old lease payment from the beginning of the	56097
old lease shall be adjusted by the lesser of the following:	56098

(a) One-half of the change in construction costs from the	56099
beginning of the old lease to the beginning of the new lease, as	56100
calculated by the department using the "Dodge building cost	56101
indexes, northeastern and north central states," published by	56102
Marshall and Swift;	56103

(b) One-half of the change in the consumer price index for	56104
all items for all urban consumers, as published by the United	56105
States bureau of labor statistics, from the beginning of the old	56106
lease to the beginning of the new lease.	56107

(6) Subject to the limitation specified in division (A)(1) of	56108
this section, for a new lease of a facility that was not in	56109
existence or that was in existence but not operated under a lease	56110
on May 27, 1992, actual, allowable cost of ownership shall include	56111
the lesser of annual new lease expense or the annual amount	56112
calculated for the old lease under division (C)(2), (3), (4), or	56113
(6) of this section, as applicable. If the old lease was in effect	56114
for ten years or longer, the lessor's historical capital asset	56115
cost basis shall be adjusted by the lesser of the following for	56116
purposes of calculating the annual amount under division (C)(2),	56117
(3), (4), or (6) of this section:	56118

(a) One-half of the change in construction costs from the	56119
beginning of the old lease to the beginning of the new lease, as	56120
calculated by the department using the "Dodge building cost	56121
indexes, northeastern and north central states," published by	56122
Marshall and Swift;	56123

(b) One-half of the change in the consumer price index for	56124
all items for all urban consumers, as published by the United	56125
States bureau of labor statistics, from the beginning of the old	56126
lease to the beginning of the new lease.	56127

In the case of a lease under division (C)(3) of this section	56128
of a facility for which a substantial commitment of money was made	56129
after December 22, 1992, and before July 1, 1993, the old lease	56130
payment shall be adjusted for the purpose of determining the	56131
annual amount.	56132

(7) For any revision of a lease described in division (C)(1),	56133
(2), (3), (4), (5), or (6) of this section, or for any subsequent	56134
lease of a facility operated under such a lease, other than	56135
execution of a new lease, the portion of actual, allowable cost of	56136
ownership attributable to the lease shall be the same as before	56137
the revision or subsequent lease.	56138

(8) Except as provided in division (C)(9) of this section, if	56139
a provider leases an interest in a facility to another provider	56140
who is a related party, the related party's actual, allowable cost	56141
of ownership shall include the lesser of the annual lease expense	56142
or the reasonable cost to the lessor.	56143

(9) If a provider leases an interest in a facility to another	56144
provider who is a related party, regardless of the date of the	56145
lease, the related party's actual, allowable cost of ownership	56146
shall include the annual lease expense, subject to the limitations	56147
specified in divisions (C)(1) to (7) of this section, if all of	56148
the following conditions are met:	56149

(a) The related party is a relative of owner;

56150

(b) If the lessor retains an ownership interest, it is,	56151
except as provided in division (C)(9)(c)(ii) of this section, in	56152
only the real property and any improvements on the real property;	56153

(c) The department of job and family services determines that	56154
the lease is an arm's length transaction pursuant to rules the	56155
department shall adopt in accordance with Chapter 119. of the	56156
Revised Code no later than December 31, 2000. The rules shall	56157
provide that a lease is an arm's length transaction if all of the	56158
following apply:	56159

(i) Once the lease goes into effect, the lessor has no direct	56160
or indirect interest in the lessee or, except as provided in	56161
division (C)(9)(b) of this section, the facility itself, including	56162
interest as an owner, officer, director, employee, independent	56163
contractor, or consultant, but excluding interest as a lessor.	56164

(ii) The lessor does not reacquire an interest in the	56165
facility except through the exercise of a lessor's rights in the	56166
event of a default. If the lessor reacquires an interest in the	56167
facility in this manner, the department shall treat the facility	56168
as if the lease never occurred when the department calculates its	56169
reimbursement rates for capital costs.	56170

(iii) The lease satisfies any other criteria specified in the	56171
rules.	56172

(d) Except in the case of hardship caused by a catastrophic	56173
event, as determined by the department, or in the case of a lessor	56174
who is at least sixty-five years of age, not less than twenty	56175
years have elapsed since, for the same facility, the capital cost	56176
basis was adjusted most recently under division (B)(5) of this	56177
section or actual, allowable cost of ownership was determined most	56178
recently under division (C)(9) of this section.	56179

(10) This division does not apply to leases of specific items	56180
of equipment.	56181

(D)(1) Subject to division (D)(2) of this section, the	56182
department shall pay each nursing facility an efficiency incentive	56183
that is equal to fifty per cent of the difference between the	56184
following:	56185

(a) Eighty-eight and sixty-five one-hundredths per cent of	56186
the facility's desk-reviewed, actual, allowable, per diem cost of	56187
ownership;	56188

(b) The applicable amount specified in division (E) of this	56189
section.	56190

(2) The efficiency incentive paid to a nursing facility shall	56191
not exceed the greater of the following:	56192

(a) The efficiency incentive the facility was paid during the	56193
fiscal year ending June 30, 1994;	56194

(b) Three dollars per resident per day, adjusted annually for	56195
rates paid beginning July 1, 1994, for the inflation rate for the	56196
twelve-month period beginning on the first day of July of the	56197
calendar year preceding the calendar year that precedes the fiscal	56198
year for which the efficiency incentive is determined and ending	56199
on the thirtieth day of the following June, using the consumer	56200
price index for shelter costs for all urban consumers for the	56201
north central region, as published by the United States bureau of	56202
labor statistics.	56203

(3) For purposes of calculating the efficiency incentive,	56204
depreciation for costs that are paid or reimbursed by any	56205
government agency shall be considered as costs of ownership, and	56206
renovation costs that are paid under division (F) of this section	56207
shall not be considered costs of ownership.	56208

(E) The following amounts shall be used to calculate	56209
efficiency incentives for nursing facilities under this section:	56210

(1) For facilities with dates of licensure prior to January	56211
1, 1958, four dollars and twenty-four cents per patient day;	56212

(2) For facilities with dates of licensure after December 31,	56213
1957, but prior to January 1, 1968:	56214

(a) Five dollars and twenty-four cents per patient day if the	56215
cost of construction was three thousand five hundred dollars or	56216
more per bed;	56217

(b) Four dollars and twenty-four cents per patient day if the	56218
cost of construction was less than three thousand five hundred	56219
dollars per bed.	56220

(3) For facilities with dates of licensure after December 31,	56221
1967, but prior to January 1, 1976:	56222

(a) Six dollars and twenty-four cents per patient day if the	56223
cost of construction was five thousand one hundred fifty dollars	56224
or more per bed;	56225

(b) Five dollars and twenty-four cents per patient day if the	56226
cost of construction was less than five thousand one hundred fifty	56227
dollars per bed, but exceeded three thousand five hundred dollars	56228
per bed;	56229

(c) Four dollars and twenty-four cents per patient day if the	56230
cost of construction was three thousand five hundred dollars or	56231
less per bed.	56232

(4) For facilities with dates of licensure after December 31,	56233
1975, but prior to January 1, 1979:	56234

(a) Seven dollars and twenty-four cents per patient day if	56235
the cost of construction was six thousand eight hundred dollars or	56236
more per bed;	56237

(b) Six dollars and twenty-four cents per patient day if the	56238
cost of construction was less than six thousand eight hundred	56239
dollars per bed but exceeded five thousand one hundred fifty	56240
dollars per bed;	56241

(c) Five dollars and twenty-four cents per patient day if the	56242
cost of construction was five thousand one hundred fifty dollars	56243
or less per bed, but exceeded three thousand five hundred dollars	56244
per bed;	56245

(d) Four dollars and twenty-four cents per patient day if the	56246
cost of construction was three thousand five hundred dollars or	56247
less per bed.	56248

(5) For facilities with dates of licensure after December 31,	56249
1978, but prior to January 1, 1981:	56250

(a) Seven dollars and seventy-four cents per patient day if	56251
the cost of construction was seven thousand six hundred	56252
twenty-five dollars or more per bed;	56253

(b) Seven dollars and twenty-four cents per patient day if	56254
the cost of construction was less than seven thousand six hundred	56255
twenty-five dollars per bed but exceeded six thousand eight	56256
hundred dollars per bed;	56257

(c) Six dollars and twenty-four cents per patient day if the	56258
cost of construction was six thousand eight hundred dollars or	56259
less per bed but exceeded five thousand one hundred fifty dollars	56260
per bed;	56261

(d) Five dollars and twenty-four cents per patient day if the	56262
cost of construction was five thousand one hundred fifty dollars	56263
or less but exceeded three thousand five hundred dollars per bed;	56264

(e) Four dollars and twenty-four cents per patient day if the	56265
cost of construction was three thousand five hundred dollars or	56266
less per bed.	56267

(6) For facilities with dates of licensure in 1981 or any	56268
year thereafter prior to December 22, 1992, the following amount:	56269

(a) For facilities with construction costs less than seven	56270
thousand six hundred twenty-five dollars per bed, the applicable	56271
amounts for the construction costs specified in divisions	56272
(E)(5)(b) to (e) of this section;	56273

(b) For facilities with construction costs of seven thousand	56274
six hundred twenty-five dollars or more per bed, six dollars per	56275
patient day, provided that for 1981 and annually thereafter prior	56276
to December 22, 1992, the department shall do both of the	56277
following to the six-dollar amount:	56278

(i) Adjust the amount for fluctuations in construction costs	56279
calculated by the department using the "Dodge building cost	56280
indexes, northeastern and north central states," published by	56281
Marshall and Swift, using 1980 as the base year;	56282

(ii) Increase the amount, as adjusted for inflation under	56283
division (E)(6)(b)(i) of this section, by one dollar and	56284
seventy-four cents.	56285

(7) For facilities with dates of licensure on or after	56286
January 1, 1992, seven dollars and ninety-seven cents, adjusted	56287
for fluctuations in construction costs between 1991 and 1993 as	56288
calculated by the department using the "Dodge building cost	56289
indexes, northeastern and north central states," published by	56290
Marshall and Swift, and then increased by one dollar and	56291
seventy-four cents.	56292

For the fiscal year that begins July 1, 1994, each of the	56293
amounts listed in divisions (E)(1) to (7) of this section shall be	56294
increased by twenty-five cents. For the fiscal year that begins	56295
July 1, 1995, each of those amounts shall be increased by an	56296
additional twenty-five cents. For subsequent fiscal years, each of	56297
those amounts, as increased for the prior fiscal year, shall be	56298
adjusted to reflect the rate of inflation for the twelve-month	56299
period beginning on the first day of July of the calendar year	56300
preceding the calendar year that precedes the fiscal year and	56301
ending on the following thirtieth day of June, using the consumer	56302
price index for shelter costs for all urban consumers for the	56303
north central region, as published by the United States bureau of	56304
labor statistics.	56305

If the amount established for a nursing facility under this	56306
division is less than the amount that applied to the facility	56307
under division (B) of former section 5111.25 of the Revised Code,	56308
as the former section existed immediately prior to December 22,	56309
1992, the amount used to calculate the efficiency incentive for	56310
the facility under division (D)(2) of this section shall be the	56311
amount that was calculated under division (B) of the former	56312
section.	56313

(F) Beginning July 1, 1993, regardless of the facility's date	56314
of licensure or the date of the nonextensive renovations, the rate	56315
for the costs of nonextensive renovations for nursing facilities	56316
shall be eighty-five per cent of the desk-reviewed, actual,	56317
allowable, per diem, nonextensive renovation costs. This division	56318
applies to nonextensive renovations regardless of whether they are	56319
made by an owner or a lessee. If the tenancy of a lessee that has	56320
made nonextensive renovations ends before the depreciation expense	56321
for the renovation costs has been fully reported, the former	56322
lessee shall not report the undepreciated balance as an expense.	56323

(1) For a nonextensive renovation made after July 1, 1993, to	56324
qualify for payment under this division, both of the following	56325
conditions must be met:	56326

(a) At least five years have elapsed since the date of	56327
licensure of the portion of the facility that is proposed to be	56328
renovated, except that this condition does not apply if the	56329
renovation is necessary to meet the requirements of federal,	56330
state, or local statutes, ordinances, rules, or policies.	56331

(b) The provider has obtained prior approval from the	56332
department of job and family services, and if required the	56333
director of health has granted a certificate of need for the	56334
renovation under section 3702.52 of the Revised Code. The provider	56335
shall submit a plan that describes in detail the changes in	56336
capital assets to be accomplished by means of the renovation and	56337
the timetable for completing the project. The time for completion	56338
of the project shall be no more than eighteen months after the	56339
renovation begins. The department of job and family services shall	56340
adopt rules in accordance with Chapter 119. of the Revised Code	56341
that specify criteria and procedures for prior approval of	56342
renovation projects. No provider shall separate a project with the	56343
intent to evade the characterization of the project as a	56344
renovation or as an extensive renovation. No provider shall	56345
increase the scope of a project after it is approved by the	56346
department of job and family services unless the increase in scope	56347
is approved by the department.	56348

(2) The payment provided for in this division is the only	56349
payment that shall be made for the costs of a nonextensive	56350
renovation. Nonextensive renovation costs shall not be included in	56351
costs of ownership, and a nonextensive renovation shall not affect	56352
the date of licensure for purposes of calculating the efficiency	56353
incentive under divisions (D) and (E) of this section.	56354

(G) The owner of a nursing facility operating under a	56355
provider agreement shall provide written notice to the department	56356
of job and family services at least forty-five days prior to	56357
entering into any contract of sale for the facility or voluntarily	56358
terminating participation in the medical assistance program. After	56359
the date on which a transaction of sale of a nursing facility is	56360
closed, the owner shall refund to the department the amount of	56361
excess depreciation paid to the facility by the department for	56362
each year the owner has operated the facility under a provider	56363
agreement and prorated according to the number of medicaid patient	56364
days for which the facility has received payment. If a nursing	56365
facility is sold after five or fewer years of operation under a	56366
provider agreement, the refund to the department shall be equal to	56367
the excess depreciation paid to the facility. If a nursing	56368
facility is sold after more than five years but less than ten	56369
years of operation under a provider agreement, the refund to the	56370
department shall equal the excess depreciation paid to the	56371
facility multiplied by twenty per cent, multiplied by the	56372
difference between ten and the number of years that the facility	56373
was operated under a provider agreement. If a nursing facility is	56374
sold after ten or more years of operation under a provider	56375
agreement, the owner shall not refund any excess depreciation to	56376
the department. The owner of a nursing facility that is sold or	56377
that voluntarily terminatesundergoes a voluntary withdrawal of	56378
participation in the medical assistance program, as defined in	56379
section 5111.65 of the Revised Code, also shall refund any other	56380
amount that the department properly finds to be due after thea	56381
final fiscal audit conducted under this divisionthe department	56382
shall conduct. For the purposes of this division, "depreciation	56383
paid to the facility" means the amount paid to the nursing	56384
facility for cost of ownership pursuant to this section less any	56385
amount paid for interest costs, amortization of financing costs,	56386
and lease expenses. For the purposes of this division, "excess	56387
depreciation" is the nursing facility's depreciated basis, which	56388
is the owner's cost less accumulated depreciation, subtracted from	56389
the purchase price net of selling costs but not exceeding the	56390
amount of depreciation paid to the facility.	56391

A cost report shall be filed with the department within	56392
ninety days after the date on which the transaction of sale is	56393
closed or participation is voluntarily terminated. The report	56394
shall show the accumulated depreciation, the sales price, and	56395
other information required by the department. The department shall	56396
provide for a bank, trust company, or savings and loan association	56397
to hold in escrow the amount of the last two monthly payments to a	56398
nursing facility made pursuant to division (A)(1) of section	56399
5111.22 of the Revised Code before a sale or termination of	56400
participation or, if the owner fails, within the time required by	56401
this division, to notify the department before entering into a	56402
contract of sale for the facility, the amount of the first two	56403
monthly payments made to the facility after the department learns	56404
of the contract, regardless of whether a new owner is in	56405
possession of the facility. If the amount the owner will be	56406
required to refund under this section is likely to be less than	56407
the amount of the two monthly payments otherwise put into escrow	56408
under this division, the department shall take one of the	56409
following actions instead of withholding the amount of the two	56410
monthly payments:	56411

(1) In the case of an owner that owns other facilities that	56412
participate in the medical assistance program, obtain a promissory	56413
note in an amount sufficient to cover the amount likely to be	56414
refunded;	56415

(2) In the case of all other owners, withhold the amount of	56416
the last monthly payment to the nursing facility or, if the owner	56417
fails, within the time required by this division, to notify the	56418
department before entering into a contract of sale for the	56419
facility, the amount of the first monthly payment made to the	56420
facility after the department learns of the contract, regardless	56421
of whether a new owner is in possession of the facility.	56422

The department shall, within ninety days following the filing	56423
of the cost report, audit the cost report and issue an audit	56424
report to the owner. The department also may audit any other cost	56425
report that the facility has filed during the previous three	56426
years. In the audit report, the department shall state its	56427
findings and the amount of any money owed to the department by the	56428
nursing facility. The findings shall be subject to adjudication	56429
conducted in accordance with Chapter 119. of the Revised Code. No	56430
later than fifteen days after the owner agrees to a settlement,	56431
any funds held in escrow less any amounts due to the department	56432
shall be released to the owner and amounts due to the department	56433
shall be paid to the department. If the amounts in escrow are less	56434
than the amounts due to the department, the balance shall be paid	56435
to the department within fifteen days after the owner agrees to a	56436
settlement. If the department does not issue its audit report	56437
within the ninety-day period, the department shall release any	56438
money held in escrow to the owner. For the purposes of this	56439
section, a transfer of corporate stock, the merger of one	56440
corporation into another, or a consolidation does not constitute a	56441
sale.	56442

If a nursing facility is not sold or its participation is not	56443
terminated after notice is provided to the department under this	56444
division, the department shall order any payments held in escrow	56445
released to the facility upon receiving written notice from the	56446
owner that there will be no sale or termination. After written	56447
notice is received from a nursing facility that a sale or	56448
termination will not take place, the facility shall provide notice	56449
to the department at least forty-five days prior to entering into	56450
any contract of sale or terminating participation at any future	56451
time.	56452

(H) The department shall pay each eligible proprietary	56453
nursing facility a return on the facility's net equity computed at	56454
the rate of one and one-half times the average interest rate on	56455
special issues of public debt obligations issued to the federal	56456
hospital insurance trust fund for the cost reporting period,	56457
except that no facility's return on net equity shall exceed fifty	56458
cents per patient day.	56459

When calculating the rate for return on net equity, the	56460
department shall use the greater of the facility's inpatient days	56461
during the applicable cost reporting period or the number of	56462
inpatient days the facility would have had during that period if	56463
its occupancy rate had been ninety-five per cent.	56464

(I) If a nursing facility would receive a lower rate for	56465
capital costs for assets in the facility's possession on July 1,	56466
1993, under this section than it would receive under former	56467
section 5111.25 of the Revised Code, as the former section existed	56468
immediately prior to December 22, 1992, the facility shall receive	56469
for those assets the rate it would have received under the former	56470
section for each fiscal year beginning on or after July 1, 1993,	56471
until the rate it would receive under this section exceeds the	56472
rate it would have received under the former section. Any facility	56473
that receives a rate calculated under the former section 5111.25	56474
of the Revised Code for assets in the facility's possession on	56475
July 1, 1993, also shall receive a rate calculated under this	56476
section for costs of any assets it constructs or acquires after	56477
July 1, 1993.	56478

Sec. 5111.251.  (A) The department of job and family services	56479
shall pay each eligible intermediate care facility for the	56480
mentally retarded for its reasonable capital costs, a per resident	56481
per day rate established prospectively each fiscal year for each	56482
intermediate care facility for the mentally retarded. Except as	56483
otherwise provided in sections 5111.20 to 5111.32 of the Revised	56484
Code, the rate shall be based on the facility's capital costs for	56485
the calendar year preceding the fiscal year in which the rate will	56486
be paid. The rate shall equal the sum of the following:	56487

(1) The facility's desk-reviewed, actual, allowable, per diem	56488
cost of ownership for the preceding cost reporting period, limited	56489
as provided in divisions (C) and (F) of this section;	56490

(2) Any efficiency incentive determined under division (B) of	56491
this section;	56492

(3) Any amounts for renovations determined under division (D)	56493
of this section;	56494

(4) Any amounts for return on equity determined under	56495
division (I) of this section.	56496

Buildings shall be depreciated using the straight line method	56497
over forty years or over a different period approved by the	56498
department. Components and equipment shall be depreciated using	56499
the straight line method over a period designated by the director	56500
of job and family services in rules adopted in accordance with	56501
Chapter 119. of the Revised Code, consistent with the guidelines	56502
of the American hospital association, or over a different period	56503
approved by the department of job and family services. Any rules	56504
adopted under this division that specify useful lives of	56505
buildings, components, or equipment apply only to assets acquired	56506
on or after July 1, 1993. Depreciation for costs paid or	56507
reimbursed by any government agency shall not be included in costs	56508
of ownership or renovation unless that part of the payment under	56509
sections 5111.20 to 5111.32 of the Revised Code is used to	56510
reimburse the government agency.	56511

(B) The department of job and family services shall pay to	56512
each intermediate care facility for the mentally retarded an	56513
efficiency incentive equal to fifty per cent of the difference	56514
between any desk-reviewed, actual, allowable cost of ownership and	56515
the applicable limit on cost of ownership payments under division	56516
(C) of this section. For purposes of computing the efficiency	56517
incentive, depreciation for costs paid or reimbursed by any	56518
government agency shall be considered as a cost of ownership, and	56519
the applicable limit under division (C) of this section shall	56520
apply both to facilities with more than eight beds and facilities	56521
with eight or fewer beds. The efficiency incentive paid to a	56522
facility with eight or fewer beds shall not exceed three dollars	56523
per patient day, adjusted annually for the inflation rate for the	56524
twelve-month period beginning on the first day of July of the	56525
calendar year preceding the calendar year that precedes the fiscal	56526
year for which the efficiency incentive is determined and ending	56527
on the thirtieth day of the following June, using the consumer	56528
price index for shelter costs for all urban consumers for the	56529
north central region, as published by the United States bureau of	56530
labor statistics.	56531

(C) Cost of ownership payments to intermediate care	56532
facilities for the mentally retarded with more than eight beds	56533
shall not exceed the following limits:	56534

(1) For facilities with dates of licensure prior to January	56535
1, l958, not exceeding two dollars and fifty cents per patient	56536
day;	56537

(2) For facilities with dates of licensure after December 31,	56538
l957, but prior to January 1, l968, not exceeding:	56539

(a) Three dollars and fifty cents per patient day if the cost	56540
of construction was three thousand five hundred dollars or more	56541
per bed;	56542

(b) Two dollars and fifty cents per patient day if the cost	56543
of construction was less than three thousand five hundred dollars	56544
per bed.	56545

(3) For facilities with dates of licensure after December 31,	56546
l967, but prior to January 1, l976, not exceeding:	56547

(a) Four dollars and fifty cents per patient day if the cost	56548
of construction was five thousand one hundred fifty dollars or	56549
more per bed;	56550

(b) Three dollars and fifty cents per patient day if the cost	56551
of construction was less than five thousand one hundred fifty	56552
dollars per bed, but exceeds three thousand five hundred dollars	56553
per bed;	56554

(c) Two dollars and fifty cents per patient day if the cost	56555
of construction was three thousand five hundred dollars or less	56556
per bed.	56557

(4) For facilities with dates of licensure after December 31,	56558
l975, but prior to January 1, l979, not exceeding:	56559

(a) Five dollars and fifty cents per patient day if the cost	56560
of construction was six thousand eight hundred dollars or more per	56561
bed;	56562

(b) Four dollars and fifty cents per patient day if the cost	56563
of construction was less than six thousand eight hundred dollars	56564
per bed but exceeds five thousand one hundred fifty dollars per	56565
bed;	56566

(c) Three dollars and fifty cents per patient day if the cost	56567
of construction was five thousand one hundred fifty dollars or	56568
less per bed, but exceeds three thousand five hundred dollars per	56569
bed;	56570

(d) Two dollars and fifty cents per patient day if the cost	56571
of construction was three thousand five hundred dollars or less	56572
per bed.	56573

(5) For facilities with dates of licensure after December 31,	56574
l978, but prior to January 1, l980, not exceeding:	56575

(a) Six dollars per patient day if the cost of construction	56576
was seven thousand six hundred twenty-five dollars or more per	56577
bed;	56578

(b) Five dollars and fifty cents per patient day if the cost	56579
of construction was less than seven thousand six hundred	56580
twenty-five dollars per bed but exceeds six thousand eight hundred	56581
dollars per bed;	56582

(c) Four dollars and fifty cents per patient day if the cost	56583
of construction was six thousand eight hundred dollars or less per	56584
bed but exceeds five thousand one hundred fifty dollars per bed;	56585

(d) Three dollars and fifty cents per patient day if the cost	56586
of construction was five thousand one hundred fifty dollars or	56587
less but exceeds three thousand five hundred dollars per bed;	56588

(e) Two dollars and fifty cents per patient day if the cost	56589
of construction was three thousand five hundred dollars or less	56590
per bed.	56591

(6) For facilities with dates of licensure after December 31,	56592
1979, but prior to January 1, 1981, not exceeding:	56593

(a) Twelve dollars per patient day if the beds were	56594
originally licensed as residential facility beds by the department	56595
of mental retardation and developmental disabilities;	56596

(b) Six dollars per patient day if the beds were originally	56597
licensed as nursing home beds by the department of health.	56598

(7) For facilities with dates of licensure after December 31,	56599
1980, but prior to January 1, 1982, not exceeding:	56600

(a) Twelve dollars per patient day if the beds were	56601
originally licensed as residential facility beds by the department	56602
of mental retardation and developmental disabilities;	56603

(b) Six dollars and forty-five cents per patient day if the	56604
beds were originally licensed as nursing home beds by the	56605
department of health.	56606

(8) For facilities with dates of licensure after December 31,	56607
1981, but prior to January 1, 1983, not exceeding:	56608

(a) Twelve dollars per patient day if the beds were	56609
originally licensed as residential facility beds by the department	56610
of mental retardation and developmental disabilities;	56611

(b) Six dollars and seventy-nine cents per patient day if the	56612
beds were originally licensed as nursing home beds by the	56613
department of health.	56614

(9) For facilities with dates of licensure after December 31,	56615
1982, but prior to January 1, 1984, not exceeding:	56616

(a) Twelve dollars per patient day if the beds were	56617
originally licensed as residential facility beds by the department	56618
of mental retardation and developmental disabilities;	56619

(b) Seven dollars and nine cents per patient day if the beds	56620
were originally licensed as nursing home beds by the department of	56621
health.	56622

(10) For facilities with dates of licensure after December	56623
31, 1983, but prior to January 1, 1985, not exceeding:	56624

(a) Twelve dollars and twenty-four cents per patient day if	56625
the beds were originally licensed as residential facility beds by	56626
the department of mental retardation and developmental	56627
disabilities;	56628

(b) Seven dollars and twenty-three cents per patient day if	56629
the beds were originally licensed as nursing home beds by the	56630
department of health.	56631

(11) For facilities with dates of licensure after December	56632
31, 1984, but prior to January 1, 1986, not exceeding:	56633

(a) Twelve dollars and fifty-three cents per patient day if	56634
the beds were originally licensed as residential facility beds by	56635
the department of mental retardation and developmental	56636
disabilities;	56637

(b) Seven dollars and forty cents per patient day if the beds	56638
were originally licensed as nursing home beds by the department of	56639
health.	56640

(12) For facilities with dates of licensure after December	56641
31, 1985, but prior to January 1, 1987, not exceeding:	56642

(a) Twelve dollars and seventy cents per patient day if the	56643
beds were originally licensed as residential facility beds by the	56644
department of mental retardation and developmental disabilities;	56645

(b) Seven dollars and fifty cents per patient day if the beds	56646
were originally licensed as nursing home beds by the department of	56647
health.	56648

(13) For facilities with dates of licensure after December	56649
31, 1986, but prior to January 1, 1988, not exceeding:	56650

(a) Twelve dollars and ninety-nine cents per patient day if	56651
the beds were originally licensed as residential facility beds by	56652
the department of mental retardation and developmental	56653
disabilities;	56654

(b) Seven dollars and sixty-seven cents per patient day if	56655
the beds were originally licensed as nursing home beds by the	56656
department of health.	56657

(14) For facilities with dates of licensure after December	56658
31, 1987, but prior to January 1, 1989, not exceeding thirteen	56659
dollars and twenty-six cents per patient day;	56660

(15) For facilities with dates of licensure after December	56661
31, 1988, but prior to January 1, 1990, not exceeding thirteen	56662
dollars and forty-six cents per patient day;	56663

(16) For facilities with dates of licensure after December	56664
31, 1989, but prior to January 1, 1991, not exceeding thirteen	56665
dollars and sixty cents per patient day;	56666

(17) For facilities with dates of licensure after December	56667
31, 1990, but prior to January 1, 1992, not exceeding thirteen	56668
dollars and forty-nine cents per patient day;	56669

(18) For facilities with dates of licensure after December	56670
31, 1991, but prior to January 1, 1993, not exceeding thirteen	56671
dollars and sixty-seven cents per patient day;	56672

(19) For facilities with dates of licensure after December	56673
31, 1992, not exceeding fourteen dollars and twenty-eight cents	56674
per patient day.	56675

(D) Beginning January 1, 1981, regardless of the original	56676
date of licensure, the department of job and family services shall	56677
pay a rate for the per diem capitalized costs of renovations to	56678
intermediate care facilities for the mentally retarded made after	56679
January 1, l981, not exceeding six dollars per patient day using	56680
1980 as the base year and adjusting the amount annually until June	56681
30, 1993, for fluctuations in construction costs calculated by the	56682
department using the "Dodge building cost indexes, northeastern	56683
and north central states," published by Marshall and Swift. The	56684
payment provided for in this division is the only payment that	56685
shall be made for the capitalized costs of a nonextensive	56686
renovation of an intermediate care facility for the mentally	56687
retarded. Nonextensive renovation costs shall not be included in	56688
cost of ownership, and a nonextensive renovation shall not affect	56689
the date of licensure for purposes of division (C) of this	56690
section. This division applies to nonextensive renovations	56691
regardless of whether they are made by an owner or a lessee. If	56692
the tenancy of a lessee that has made renovations ends before the	56693
depreciation expense for the renovation costs has been fully	56694
reported, the former lessee shall not report the undepreciated	56695
balance as an expense.	56696

For a nonextensive renovation to qualify for payment under	56697
this division, both of the following conditions must be met:	56698

(1) At least five years have elapsed since the date of	56699
licensure or date of an extensive renovation of the portion of the	56700
facility that is proposed to be renovated, except that this	56701
condition does not apply if the renovation is necessary to meet	56702
the requirements of federal, state, or local statutes, ordinances,	56703
rules, or policies.	56704

(2) The provider has obtained prior approval from the	56705
department of job and family services. The provider shall submit a	56706
plan that describes in detail the changes in capital assets to be	56707
accomplished by means of the renovation and the timetable for	56708
completing the project. The time for completion of the project	56709
shall be no more than eighteen months after the renovation begins.	56710
The director of job and family services shall adopt rules in	56711
accordance with Chapter 119. of the Revised Code that specify	56712
criteria and procedures for prior approval of renovation projects.	56713
No provider shall separate a project with the intent to evade the	56714
characterization of the project as a renovation or as an extensive	56715
renovation. No provider shall increase the scope of a project	56716
after it is approved by the department of job and family services	56717
unless the increase in scope is approved by the department.	56718

(E) The amounts specified in divisions (C) and (D) of this	56719
section shall be adjusted beginning July 1, 1993, for the	56720
estimated inflation for the twelve-month period beginning on the	56721
first day of July of the calendar year preceding the calendar year	56722
that precedes the fiscal year for which rate will be paid and	56723
ending on the thirtieth day of the following June, using the	56724
consumer price index for shelter costs for all urban consumers for	56725
the north central region, as published by the United States bureau	56726
of labor statistics.	56727

(F)(1) For facilities of eight or fewer beds that have dates	56728
of licensure or have been granted project authorization by the	56729
department of mental retardation and developmental disabilities	56730
before July 1, 1993, and for facilities of eight or fewer beds	56731
that have dates of licensure or have been granted project	56732
authorization after that date if the facilities demonstrate that	56733
they made substantial commitments of funds on or before that date,	56734
cost of ownership shall not exceed eighteen dollars and thirty	56735
cents per resident per day. The eighteen-dollar and thirty-cent	56736
amount shall be increased by the change in the "Dodge building	56737
cost indexes, northeastern and north central states," published by	56738
Marshall and Swift, during the period beginning June 30, 1990, and	56739
ending July 1, 1993, and by the change in the consumer price index	56740
for shelter costs for all urban consumers for the north central	56741
region, as published by the United States bureau of labor	56742
statistics, annually thereafter.	56743

(2) For facilities with eight or fewer beds that have dates	56744
of licensure or have been granted project authorization by the	56745
department of mental retardation and developmental disabilities on	56746
or after July 1, 1993, for which substantial commitments of funds	56747
were not made before that date, cost of ownership payments shall	56748
not exceed the applicable amount calculated under division (F)(1)	56749
of this section, if the department of job and family services	56750
gives prior approval for construction of the facility or,	56751
regardless of whether the department gives prior approval, if the	56752
facility obtains a residential facility license under section	56753
5123.19 of the Revised Code pursuant to section 5123.1910 of the	56754
Revised Code. If the department does not give prior approval, cost	56755
of ownership payments shall not exceed the amount specified in	56756
division (C) of this section unless the facility obtains a	56757
residential facility license under section 5123.19 of the Revised	56758
Code pursuant to section 5123.1910 of the Revised Code.	56759

(3) Notwithstanding divisions (D) and (F)(1) and (2) of this	56760
section, the total payment for cost of ownership, cost of	56761
ownership efficiency incentive, and capitalized costs of	56762
renovations for an intermediate care facility for the mentally	56763
retarded with eight or fewer beds shall not exceed the sum of the	56764
limitations specified in divisions (C) and (D) of this section.	56765

(G) Notwithstanding any provision of this section or section	56766
5111.24 of the Revised Code, the director of job and family	56767
services may adopt rules in accordance with Chapter 119. of the	56768
Revised Code that provide for a calculation of a combined maximum	56769
payment limit for indirect care costs and cost of ownership for	56770
intermediate care facilities for the mentally retarded with eight	56771
or fewer beds.	56772

(H) After June 30, 1980, the owner of an intermediate care	56773
facility for the mentally retarded operating under a provider	56774
agreement shall provide written notice to the department of job	56775
and family services at least forty-five days prior to entering	56776
into any contract of sale for the facility or voluntarily	56777
terminating participation in the medical assistance program. After	56778
the date on which a transaction of sale of an intermediate care	56779
facility for the mentally retarded is closed, the owner shall	56780
refund to the department the amount of excess depreciation paid to	56781
the facility by the department for each year the owner has	56782
operated the facility under a provider agreement and prorated	56783
according to the number of medicaid patient days for which the	56784
facility has received payment. If an intermediate care facility	56785
for the mentally retarded is sold after five or fewer years of	56786
operation under a provider agreement, the refund to the department	56787
shall be equal to the excess depreciation paid to the facility. If	56788
an intermediate care facility for the mentally retarded is sold	56789
after more than five years but less than ten years of operation	56790
under a provider agreement, the refund to the department shall	56791
equal the excess depreciation paid to the facility multiplied by	56792
twenty per cent, multiplied by the number of years less than ten	56793
that a facility was operated under a provider agreement. If an	56794
intermediate care facility for the mentally retarded is sold after	56795
ten or more years of operation under a provider agreement, the	56796
owner shall not refund any excess depreciation to the department.	56797
For the purposes of this division, "depreciation paid to the	56798
facility" means the amount paid to the intermediate care facility	56799
for the mentally retarded for cost of ownership pursuant to this	56800
section less any amount paid for interest costs. For the purposes	56801
of this division, "excess depreciation" is the intermediate care	56802
facility for the mentally retarded's depreciated basis, which is	56803
the owner's cost less accumulated depreciation, subtracted from	56804
the purchase price but not exceeding the amount of depreciation	56805
paid to the facility.	56806

A cost report shall be filed with the department within	56807
ninety days after the date on which the transaction of sale is	56808
closed or participation is voluntarily terminated for an	56809
intermediate care facility for the mentally retarded subject to	56810
this division. The report shall show the accumulated depreciation,	56811
the sales price, and other information required by the department.	56812
The department shall provide for a bank, trust company, or savings	56813
and loan association to hold in escrow the amount of the last two	56814
monthly payments to an intermediate care facility for the mentally	56815
retarded made pursuant to division (A)(1) of section 5111.22 of	56816
the Revised Code before a sale or voluntary termination of	56817
participation or, if the owner fails, within the time required by	56818
this division, to notify the department before entering into a	56819
contract of sale for the facility, the amount of the first two	56820
monthly payments made to the facility after the department learns	56821
of the contract, regardless of whether a new owner is in	56822
possession of the facility. If the amount the owner will be	56823
required to refund under this section is likely to be less than	56824
the amount of the two monthly payments otherwise put into escrow	56825
under this division, the department shall take one of the	56826
following actions instead of withholding the amount of the two	56827
monthly payments:	56828

(1) In the case of an owner that owns other facilities that	56829
participate in the medical assistance program, obtain a promissory	56830
note in an amount sufficient to cover the amount likely to be	56831
refunded;	56832

(2) In the case of all other owners, withhold the amount of	56833
the last monthly payment to the intermediate care facility for the	56834
mentally retarded or, if the owner fails, within the time required	56835
by this division, to notify the department before entering into a	56836
contract of sale for the facility, the amount of the first monthly	56837
payment made to the facility after the department learns of the	56838
contract, regardless of whether a new owner is in possession of	56839
the facility.	56840

The department shall, within ninety days following the filing	56841
of the cost report, audit the report and issue an audit report to	56842
the owner. The department also may audit any other cost reports	56843
for the facility that have been filed during the previous three	56844
years. In the audit report, the department shall state its	56845
findings and the amount of any money owed to the department by the	56846
intermediate care facility for the mentally retarded. The findings	56847
shall be subject to an adjudication conducted in accordance with	56848
Chapter 119. of the Revised Code. No later than fifteen days after	56849
the owner agrees to a settlement, any funds held in escrow less	56850
any amounts due to the department shall be released to the owner	56851
and amounts due to the department shall be paid to the department.	56852
If the amounts in escrow are less than the amounts due to the	56853
department, the balance shall be paid to the department within	56854
fifteen days after the owner agrees to a settlement. If the	56855
department does not issue its audit report within the ninety-day	56856
period, the department shall release any money held in escrow to	56857
the owner. For the purposes of this section, a transfer of	56858
corporate stock, the merger of one corporation into another, or a	56859
consolidation does not constitute a sale.	56860

If an intermediate care facility for the mentally retarded is	56861
not sold or its participation is not terminated after notice is	56862
provided to the department under this division, the department	56863
shall order any payments held in escrow released to the facility	56864
upon receiving written notice from the owner that there will be no	56865
sale or termination of participation. After written notice is	56866
received from an intermediate care facility for the mentally	56867
retarded that a sale or termination of participation will not take	56868
place, the facility shall provide notice to the department at	56869
least forty-five days prior to entering into any contract of sale	56870
or terminating participation at any future time.	56871

(I) The department of job and family services shall pay each	56872
eligible proprietary intermediate care facility for the mentally	56873
retarded a return on the facility's net equity computed at the	56874
rate of one and one-half times the average of interest rates on	56875
special issues of public debt obligations issued to the federal	56876
hospital insurance trust fund for the cost reporting period. No	56877
facility's return on net equity paid under this division shall	56878
exceed one dollar per patient day.	56879

In calculating the rate for return on net equity, the	56880
department shall use the greater of the facility's inpatient days	56881
during the applicable cost reporting period or the number of	56882
inpatient days the facility would have had during that period if	56883
its occupancy rate had been ninety-five per cent.	56884

(J)(1) Except as provided in division (J)(2) of this section,	56885
if a provider leases or transfers an interest in a facility to	56886
another provider who is a related party, the related party's	56887
allowable cost of ownership shall include the lesser of the	56888
following:	56889

(a) The annual lease expense or actual cost of ownership,	56890
whichever is applicable;	56891

(b) The reasonable cost to the lessor or provider making the	56892
transfer.	56893

(2) If a provider leases or transfers an interest in a	56894
facility to another provider who is a related party, regardless of	56895
the date of the lease or transfer, the related party's allowable	56896
cost of ownership shall include the annual lease expense or actual	56897
cost of ownership, whichever is applicable, subject to the	56898
limitations specified in divisions (B) to (I) of this section, if	56899
all of the following conditions are met:	56900

(a) The related party is a relative of owner;

56901

(b) In the case of a lease, if the lessor retains any	56902
ownership interest, it is, except as provided in division	56903
(J)(2)(d)(ii) of this section, in only the real property and any	56904
improvements on the real property;	56905

(c) In the case of a transfer, the provider making the	56906
transfer retains, except as provided in division (J)(2)(d)(iv) of	56907
this section, no ownership interest in the facility;	56908

(d) The department of job and family services determines that	56909
the lease or transfer is an arm's length transaction pursuant to	56910
rules the department shall adopt in accordance with Chapter 119.	56911
of the Revised Code no later than December 31, 2000. The rules	56912
shall provide that a lease or transfer is an arm's length	56913
transaction if all of the following, as applicable, apply:	56914

(i) In the case of a lease, once the lease goes into effect,	56915
the lessor has no direct or indirect interest in the lessee or,	56916
except as provided in division (J)(2)(b) of this section, the	56917
facility itself, including interest as an owner, officer,	56918
director, employee, independent contractor, or consultant, but	56919
excluding interest as a lessor.	56920

(ii) In the case of a lease, the lessor does not reacquire an	56921
interest in the facility except through the exercise of a lessor's	56922
rights in the event of a default. If the lessor reacquires an	56923
interest in the facility in this manner, the department shall	56924
treat the facility as if the lease never occurred when the	56925
department calculates its reimbursement rates for capital costs.	56926

(iii) In the case of a transfer, once the transfer goes into	56927
effect, the provider that made the transfer has no direct or	56928
indirect interest in the provider that acquires the facility or	56929
the facility itself, including interest as an owner, officer,	56930
director, employee, independent contractor, or consultant, but	56931
excluding interest as a creditor.	56932

(iv) In the case of a transfer, the provider that made the	56933
transfer does not reacquire an interest in the facility except	56934
through the exercise of a creditor's rights in the event of a	56935
default. If the provider reacquires an interest in the facility in	56936
this manner, the department shall treat the facility as if the	56937
transfer never occurred when the department calculates its	56938
reimbursement rates for capital costs.	56939

(v) The lease or transfer satisfies any other criteria	56940
specified in the rules.	56941

(e) Except in the case of hardship caused by a catastrophic	56942
event, as determined by the department, or in the case of a lessor	56943
or provider making the transfer who is at least sixty-five years	56944
of age, not less than twenty years have elapsed since, for the	56945
same facility, allowable cost of ownership was determined most	56946
recently under this division.	56947

Sec. 5111.28.  (A) If a provider properly amends its cost	56948
report under section 5111.27 of the Revised Code and the amended	56949
report shows that the provider received a lower rate under the	56950
original cost report than it was entitled to receive, the	56951
department shall adjust the provider's rate prospectively to	56952
reflect the corrected information. The department shall pay the	56953
adjusted rate beginning two months after the first day of the	56954
month after the provider files the amended cost report. If the	56955
department finds, from an exception review of resident assessment	56956
information conducted after the effective date of the rate for	56957
direct care costs that is based on the assessment information,	56958
that inaccurate assessment information resulted in the provider	56959
receiving a lower rate than it was entitled to receive, the	56960
department prospectively shall adjust the provider's rate	56961
accordingly and shall make payments using the adjusted rate for	56962
the remainder of the calendar quarter for which the assessment	56963
information is used to determine the rate, beginning one month	56964
after the first day of the month after the exception review is	56965
completed.	56966

(B) If the provider properly amends its cost report under	56967
section 5111.27 of the Revised Code, the department makes a	56968
finding based on an audit under that section, or the department	56969
makes a finding based on an exception review of resident	56970
assessment information conducted under that section after the	56971
effective date of the rate for direct care costs that is based on	56972
the assessment information, any of which results in a	56973
determination that the provider has received a higher rate than it	56974
was entitled to receive, the department shall recalculate the	56975
provider's rate using the revised information. The department	56976
shall apply the recalculated rate to the periods when the provider	56977
received the incorrect rate to determine the amount of the	56978
overpayment. The provider shall refund the amount of the	56979
overpayment.	56980

In addition to requiring a refund under this division, the	56981
department may charge the provider interest at the applicable rate	56982
specified in this division from the time the overpayment was made.	56983

(1) If the overpayment resulted from costs reported for	56984
calendar year 1993, the interest shall be no greater than one and	56985
one-half times the average bank prime rate.	56986

(2) If the overpayment resulted from costs reported for	56987
subsequent calendar years:	56988

(a) The interest shall be no greater than two times the	56989
average bank prime rate if the overpayment was equal to or less	56990
than one per cent of the total medicaid payments to the provider	56991
for the fiscal year for which the incorrect information was used	56992
to establish a rate.	56993

(b) The interest shall be no greater than two and one-half	56994
times the current average bank prime rate if the overpayment was	56995
greater than one per cent of the total medicaid payments to the	56996
provider for the fiscal year for which the incorrect information	56997
was used to establish a rate.	56998

(C) The department also may impose the following penalties:

56999

(1) If a provider does not furnish invoices or other	57000
documentation that the department requests during an audit within	57001
sixty days after the request, no more than the greater of one	57002
thousand dollars per audit or twenty-five per cent of the	57003
cumulative amount by which the costs for which documentation was	57004
not furnished increased the total medicaid payments to the	57005
provider during the fiscal year for which the costs were used to	57006
establish a rate;	57007

(2) If an ownerexiting operator fails to provide a properly	57008
completed notice of sale of the facility orclosure, voluntary	57009
termination, voluntary withdrawal of participation in the medical	57010
assistance program, or change of operator, as required by section	57011
5111.255111.66 or 5111.2515111.67 of the Revised Code, no more	57012
than the current average bank prime rate plus four per cent of the	57013
lastan amount equal to two times the average amount of monthly	57014
payments to the exiting operator under the medicaid program for	57015
the twelve-month period immediately preceding the month that	57016
includes the last day the exiting operator's provider agreement is	57017
in effect or, in the case of a voluntary withdrawal of	57018
participation, the effective date of the voluntary withdrawal of	57019
participation.	57020

(D) If the provider continues to participate in the medical	57021
assistancemedicaid program, the department shall deduct any	57022
amount that the provider is required to refund under this section,	57023
and the amount of any interest charged or penalty imposed under	57024
this section, from the next available payment from the department	57025
to the provider. The department and the provider may enter into an	57026
agreement under which the amount, together with interest, is	57027
deducted in installments from payments from the department to the	57028
provider. If the provider does not continue to participate in the	57029
medicaid program, the department shall collect any amount that the	57030
provider owes to the department under this section from the	57031
withholding, security, or both that the department makes or	57032
requires under section 5111.681 of the Revised Code.	57033

(E) The department shall transmit refunds and penalties to	57034
the treasurer of state for deposit in the general revenue fund.	57035

(F) For the purpose of this section, the department shall	57036
determine the average bank prime rate using statistical release	57037
H.15, "selected interest rates," a weekly publication of the	57038
federal reserve board, or any successor publication. If	57039
statistical release H.15, or its successor, ceases to contain the	57040
bank prime rate information or ceases to be published, the	57041
department shall request a written statement of the average bank	57042
prime rate from the federal reserve bank of Cleveland or the	57043
federal reserve board.	57044

Sec. 5111.29.  (A) The director of job and family services	57045
shall adopt rules in accordance with Chapter 119. of the Revised	57046
Code that establish a process under which a nursing facility or	57047
intermediate care facility for the mentally retarded, or a group	57048
or association of facilities, may seek reconsideration of rates	57049
established under sections 5111.23 to 5111.28 of the Revised Code,	57050
including a rate for direct care costs recalculated before the	57051
effective date of the rate as a result of an exception review of	57052
resident assessment information conducted under section 5111.27 of	57053
the Revised Code.	57054

(1) Except as provided in divisions (A)(2) to (4) of this	57055
section, the only issue that a facility, group, or association may	57056
raise in the rate reconsideration shall be whether the rate was	57057
calculated in accordance with sections 5111.23 to 5111.28 of the	57058
Revised Code and the rules adopted under those sections. The rules	57059
shall permit a facility, group, or association to submit written	57060
arguments or other materials that support its position. The rules	57061
shall specify time frames within which the facility, group, or	57062
association and the department must act. If the department	57063
determines, as a result of the rate reconsideration, that the rate	57064
established for one or more facilities is less than the rate to	57065
which it is entitled, the department shall increase the rate. If	57066
the department has paid the incorrect rate for a period of time,	57067
the department shall pay the facility the difference between the	57068
amount it was paid for that period and the amount it should have	57069
been paid.	57070

(2) The rules shall provide that during a fiscal year, the	57071
department, by means of the rate reconsideration process, may	57072
increase a facility's rate as calculated under sections 5111.23 to	57073
5111.28 of the Revised Code if the facility demonstrates that its	57074
actual, allowable costs have increased because of extreme	57075
circumstances. A facility may qualify for a rate increase only if	57076
its per diem, actual, allowable costs have increased to a level	57077
that exceeds its total rate, including any efficiency incentive	57078
and return on equity payment. The rules shall specify the	57079
circumstances that would justify a rate increase under division	57080
(A)(2) of this section. In the case of nursing facilities, the	57081
rules shall provide that the extreme circumstances include	57082
increased security costs for an inner-city nursing facility and an	57083
increase in workers' compensation experience rating of greater	57084
than five per cent for a facility that has an appropriate claims	57085
management program but do not include a change of ownership that	57086
results from bankruptcy, foreclosure, or findings of violations of	57087
certification requirements by the department of health. In the	57088
case of intermediate care facilities for the mentally retarded,	57089
the rules shall provide that the extreme circumstances include,	57090
but are not limited to, renovations approved under division (D) of	57091
section 5111.251 of the Revised Code, an increase in workers'	57092
compensation experience rating of greater than five per cent for a	57093
facility that has an appropriate claims management program,	57094
increased security costs for an inner-city facility, and a change	57095
of ownership that results from bankruptcy, foreclosure, or	57096
findings of violations of certification requirements by the	57097
department of health. An increase under division (A)(2) of this	57098
section is subject to any rate limitations or maximum rates	57099
established by sections 5111.23 to 5111.28 of the Revised Code for	57100
specific cost centers. Any rate increase granted under division	57101
(A)(2) of this section shall take effect on the first day of the	57102
first month after the department receives the request.	57103

(3) The rules shall provide that the department, through the	57104
rate reconsideration process, may increase a facility's rate as	57105
calculated under sections 5111.23 to 5111.28 of the Revised Code	57106
if the department, in its sole discretion, determines that the	57107
rate as calculated under those sections works an extreme hardship	57108
on the facility.	57109

(4) The rules shall provide that when beds certified for the	57110
medical assistance program are added to an existing facility,	57111
replaced at the same site, or subject to a change of ownership or	57112
lease, the department, through the rate reconsideration process,	57113
shall increase the facility's rate for capital costs	57114
proportionately, as limited by any applicable limitation under	57115
section 5111.25 or 5111.251 of the Revised Code, to account for	57116
the costs of the beds that are added, replaced, or subject to a	57117
change of ownership or lease. The department shall make this	57118
increase one month after the first day of the month after the	57119
department receives sufficient documentation of the costs. Any	57120
rate increase granted under division (A)(4) of this section after	57121
June 30, 1993, shall remain in effect until the effective date of	57122
a rate calculated under section 5111.25 or 5111.251 of the Revised	57123
Code that includes costs incurred for a full calendar year for the	57124
bed addition, bed replacement, or change of ownership or lease.	57125
The facility shall report double accumulated depreciation in an	57126
amount equal to the depreciation included in the rate adjustment	57127
on its cost report for the first year of operation. During the	57128
term of any loan used to finance a project for which a rate	57129
adjustment is granted under division (A)(4) of this section, if	57130
the facility is operated by the same provider, the facility shall	57131
subtract from the interest costs it reports on its cost report an	57132
amount equal to the difference between the following:	57133

(a) The actual, allowable interest costs for the loan during	57134
the calendar year for which the costs are being reported;	57135

(b) The actual, allowable interest costs attributable to the	57136
loan that were used to calculate the rates paid to the facility	57137
during the same calendar year.	57138

(5) The department's decision at the conclusion of the	57139
reconsideration process shall not be subject to any administrative	57140
proceedings under Chapter 119. or any other provision of the	57141
Revised Code.	57142

(B) AnyAll of the following are subject to an adjudication	57143
conducted in accordance with Chapter 119. of the Revised Code:	57144

(1) Any audit disallowance that the department makes as the	57145
result of an audit under section 5111.27 of the Revised Code, any;	57146

(2) Any adverse finding that results from an exception review	57147
of resident assessment information conducted under that section	57148
5111.27 of the Revised Code after the effective date of the	57149
facility's rate that is based on the assessment information, and	57150
any;	57151

(3) Any penalty the department imposes under division (C) of	57152
section 5111.28 of the Revised Code shall be subject to an	57153
adjudication conducted in accordance with Chapter 119.or section	57154
5111.684 of the Revised Code.	57155

Sec. 5111.30.  The department of job and family services	57156
shall terminate the provider agreement with an operator of a	57157
nursing facility or intermediate care facility for the mentally	57158
retarded that does not comply with the requirements of section	57159
3721.071 of the Revised Code for the installation of fire	57160
extinguishing and fire alarm systems.	57161

Sec. 5111.31.  (A) Every provider agreement with an operator	57162
of a nursing facility or intermediate care facility for the	57163
mentally retarded shall:	57164

(1) Prohibit the facility from failing or refusing to retain	57165
as a patient any person because the person is, becomes, or may, as	57166
a patient in the facility, become a recipient of assistance under	57167
the medical assistance program. For the purposes of this division,	57168
a recipient of medical assistance who is a patient in a facility	57169
shall be considered a patient in the facility during any hospital	57170
stays totaling less than twenty-five days during any twelve-month	57171
period. Recipients who have been identified by the department of	57172
job and family services or its designee as requiring the level of	57173
care of an intermediate care facility for the mentally retarded	57174
shall not be subject to a maximum period of absences during which	57175
they are considered patients if prior authorization of the	57176
department for visits with relatives and friends and participation	57177
in therapeutic programs is obtained under rules adopted under	57178
section 5111.02 of the Revised Code.	57179

(2) Include any part of the facility that meets standards for	57180
certification of compliance with federal and state laws and rules	57181
for participation in the medical assistance program, except that	57182
nursing facilities that, during the period beginning July 1, 1987,	57183
and ending July 1, 1993, added beds licensed as nursing home beds	57184
under Chapter 3721. of the Revised Code are not required to	57185
include those beds under a provider agreement unless otherwise	57186
required by federal law. Once added to the provider agreement,	57187
however, those nursing home beds may not be removed unless the	57188
facility withdraws from the medical assistance program in its	57189
entirety.	57190

(3) Prohibit the facility from discriminating against any	57191
patient on the basis of race, color, sex, creed, or national	57192
origin.	57193

(4) Except as otherwise prohibited under section 5111.55 of	57194
the Revised Code, prohibit the facility from failing or refusing	57195
to accept a patient because the patient is, becomes, or may, as a	57196
patient in the facility, become a recipient of assistance under	57197
the medical assistance program if less than eighty per cent of the	57198
patients in the facility are recipients of medical assistance.	57199

(B) Nothing in this section shall bar any religious or	57200
denominational nursing facility or intermediate care facility for	57201
the mentally retarded that is operated, supervised, or controlled	57202
by a religious organization from giving preference to persons of	57203
the same religion or denomination. Nothing in this section shall	57204
bar any facility from giving preference to persons with whom it	57205
has contracted to provide continuing care.	57206

(C) Nothing in this section shall bar any county home	57207
organized under Chapter 5155. of the Revised Code from admitting	57208
residents exclusively from the county in which the county home is	57209
located.	57210

(D) No operator of a nursing facility or intermediate care	57211
facility for the mentally retarded with which a provider agreement	57212
is in effect shall violate the provider contract obligations	57213
imposed under this section.	57214

(E) Nothing in divisions (A) and (B) of this section shall	57215
bar any nursing facility or intermediate care facility for the	57216
mentally retarded from retaining patients who have resided in the	57217
facility for not less than one year as private pay patients and	57218
who subsequently become recipients of assistance under the	57219
medicaid program, but refusing to accept as a patient any person	57220
who is or may, as a patient in the facility, become a recipient of	57221
assistance under the medicaid program, if all of the following	57222
apply:	57223

(1) The facility does not refuse to retain any patient who	57224
has resided in the facility for not less than one year as a	57225
private pay patient because the patient becomes a recipient of	57226
assistance under the medicaid program, except as necessary to	57227
comply with division (E)(2) of this section;	57228

(2) The number of medicaid recipients retained under this	57229
division does not at any time exceed ten per cent of all the	57230
patients in the facility;	57231

(3) On July 1, 1980, all the patients in the facility were	57232
private pay patients.	57233

Sec. 5111.34.  (A) There is hereby created the nursing	57234
facility reimbursement study council consisting of the following	57235
seventeeneighteen members:	57236

(1) The director of job and family services;

57237

(2) The deputy director of the office of Ohio health plans of	57238
the department of job and family services;	57239

(3) An employee of the governor's office;

57240

(4) The director of health;

57241

(5) The director of aging;

57242

(6) Three members of the house of representatives, not more	57243
than two of whom are members of the same political party,	57244
appointed by the speaker of the house of representatives;	57245

(7) Three members of the senate, not more than two of whom	57246
are members of the same political party, appointed by the	57247
president of the senate;	57248

(8) One representative of medicaid recipients residing in	57249
nursing facilities, appointed by the governor;	57250

(9) Two representatives of each of the following	57251
organizations, appointed by their respective governing bodies:	57252

(a) The Ohio academy of nursing homes;

57253

(b) The association of Ohio philanthropic homes and housing	57254
for the aging;	57255

(c) The Ohio health care association.

57256

Initial appointments of members described in divisions	57257
(A)(6), (7), and (8)(9) of this section shall be made no later	57258
than ninety days after June 6, 2001, except that the initial	57259
appointments of the two additional members described in divisions	57260
(A)(6) and (7) of this section added by Am. Sub. H.B. 405 of the	57261
124th general assembly shall be made not later than ninety days	57262
after the effective date of this amendmentMarch 14, 2002. Initial	57263
appointment of the member described in division (A)(8) of this	57264
section shall be made not later than ninety days after the	57265
effective date of this amendment. Vacancies in any of those	57266
appointments shall be filled in the same manner as original	57267
appointments. The members described in divisions (A)(6), (7), and	57268
(8), and (9) of this section shall serve at the pleasure of the	57269
official or governing body appointing the member. The members	57270
described in divisions (A)(1), (2), (3), (4), and (5) of this	57271
section shall serve for as long as they hold the position that	57272
qualifies them for membership on the council. The speaker of the	57273
house of representatives and the president of the senate jointly	57274
shall appoint the chairperson of the council. Members of the	57275
council shall serve without compensation.	57276

(B) The council shall review, on an ongoing basis, the system	57277
established by sections 5111.20 to 5111.32 of the Revised Code for	57278
reimbursing nursing facilities under the medical assistance	57279
program. The council shall recommend any changes it determines are	57280
necessary. The council shall issue a report of its activities,	57281
findings, and recommendations to the governor, the speaker of the	57282
house of representatives, and the president of the senate not	57283
later than July 30, 2004. Thereafter, the council periodically	57284
shall report its activities, findings, and recommendations to the	57285
governor, the speaker of the house of representatives, and the	57286
president of the senate.	57287

(C) The council shall meet quarterly. Its first quarterly	57288
meeting after the effective date of this amendment shall be held	57289
not later than August 1, 2003.	57290

Sec. 5111.65.  As used in sections 5111.65 to 5111.6810 of	57291
the Revised Code:	57292

(A) "Change of operator" means an entering operator becoming	57293
the operator of a nursing facility or intermediate care facility	57294
for the mentally retarded in the place of the exiting operator.	57295

(1) Actions that constitute a change of operator include, but	57296
are not limited to, the following:	57297

(a) A change in an exiting operator's form of legal	57298
organization, including the formation of a partnership or	57299
corporation from a sole proprietorship;	57300

(b) A transfer of all the exiting operator's ownership	57301
interest in the operation of the facility to the entering	57302
operator, regardless of whether ownership of any or all of the	57303
real property or personal property associated with the facility is	57304
also transferred;	57305

(c) A lease of the facility to the entering operator or the	57306
exiting operator's termination of the lease;	57307

(d) If the exiting operator is a partnership, dissolution of	57308
the partnership;	57309

(e) If the exiting operator is a partnership, a change in	57310
composition of the partnership unless both of the following apply:	57311

(i) The change in composition does not cause the	57312
partnership's dissolution under state law.	57313

(ii) The partners agree that the change in composition does	57314
not constitute a change in operator.	57315

(f) If the operator is a corporation, dissolution of the	57316
corporation, a merger of the corporation with another corporation	57317
that is the survivor of the merger, or a consolidation of one or	57318
more other corporations to form a new corporation.	57319

(2) The following, alone, do not constitute a change of	57320
operator:	57321

(a) A contract for an entity to manage a nursing facility or	57322
intermediate care facility for the mentally retarded as the	57323
operator's agent, subject to the operator's approval of daily	57324
operating and management decisions;	57325

(b) A change of ownership, lease, or termination of a lease	57326
of real property or personal property associated with a nursing	57327
facility or intermediate care facility for the mentally retarded	57328
if an entering operator does not become the operator in place of	57329
an exiting operator;	57330

(c) If the operator is a corporation, a change of one or more	57331
members of the corporation's governing body or transfer of	57332
ownership of one or more shares of the corporation's stock, if the	57333
same corporation continues to be the operator.	57334

(B) "Effective date of a change of operator" means the day	57335
the entering operator becomes the operator of the nursing facility	57336
or intermediate care facility for the mentally retarded.	57337

(C) "Effective date of a facility closure" means the last day	57338
that the last of the residents of the nursing facility or	57339
intermediate care facility for the mentally retarded resides in	57340
the facility.	57341

(D) "Effective date of a voluntary termination" means the day	57342
the intermediate care facility for the mentally retarded ceases to	57343
accept medicaid patients.	57344

(E) "Effective date of a voluntary withdrawal of	57345
participation" means the day the nursing facility ceases to accept	57346
new medicaid patients other than the individuals who reside in the	57347
nursing facility on the day before the effective date of the	57348
voluntary withdrawal of participation.	57349

(F) "Entering operator" means the person or government entity	57350
that will become the operator of a nursing facility or	57351
intermediate care facility for the mentally retarded when a change	57352
of operator occurs.	57353

(G) "Exiting operator" means any of the following:

57354

(1) An operator that will cease to be the operator of a	57355
nursing facility or intermediate care facility for the mentally	57356
retarded on the effective date of a change of operator;	57357

(2) An operator that will cease to be the operator of a	57358
nursing facility or intermediate care facility for the mentally	57359
retarded on the effective date of a facility closure;	57360

(3) An operator of an intermediate care facility for the	57361
mentally retarded that is undergoing or has undergone a voluntary	57362
termination;	57363

(4) An operator of a nursing facility that is undergoing or	57364
has undergone a voluntary withdrawal of participation.	57365

(H) "Facility closure" means discontinuance of the use of the	57366
building, or part of the building, that houses the facility as a	57367
nursing facility or intermediate care facility for the mentally	57368
retarded that results in the relocation of all of the facility's	57369
residents. A facility closure occurs regardless of any of the	57370
following:	57371

(1) The operator completely or partially replacing the	57372
facility by constructing a new facility or transferring the	57373
facility's license to another facility;	57374

(2) The facility's residents relocating to another of the	57375
operator's facilities;	57376

(3) Any action the department of health takes regarding the	57377
facility's certification under Title XIX of the "Social Security	57378
Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended, that may	57379
result in the transfer of part of the facility's survey findings	57380
to another of the operator's facilities;	57381

(4) Any action the department of health takes regarding the	57382
facility's license under Chapter 3721. of the Revised Code;	57383

(5) Any action the department of mental retardation and	57384
developmental disabilities takes regarding the facility's license	57385
under section 5123.19 of the Revised Code.	57386

(I) "Fiscal year" means the fiscal year of this state, as	57387
specified in section 9.34 of the Revised Code.	57388

(J) "Intermediate care facility for the mentally retarded,"	57389
"nursing home," "operator," and "owner" have the same meanings as	57390
in section 5111.20 of the Revised Code.	57391

(K) "Provider agreement" means a contract between the	57392
department of job and family services and the operator of a	57393
nursing facility or intermediate care facility for the mentally	57394
retarded for the provision of nursing facility services or	57395
intermediate care facility services for the mentally retarded	57396
under the medical assistance program.	57397

(L) "Voluntary termination" means an operator's voluntary	57398
election to terminate the participation of an intermediate care	57399
facility for the mentally retarded in the medicaid program but to	57400
continue to provide service of the type provided by a residential	57401
facility as defined in section 5123.19 of the Revised Code.	57402

(M) "Voluntary withdrawal of participation" means an	57403
operator's voluntary election to terminate the participation of a	57404
nursing facility in the medicaid program but to continue to	57405
provide service of the type provided by nursing facilities.	57406

Sec. 5111.66. An exiting operator or owner of a nursing	57407
facility or intermediate care facility for the mentally retarded	57408
participating in the medicaid program shall provide the department	57409
of job and family services written notice of a facility closure,	57410
voluntary termination, or voluntary withdrawal of participation	57411
not less than ninety days before the effective date of the	57412
facility closure, voluntary termination, or voluntary withdrawal	57413
of participation. The written notice shall include all of the	57414
following:	57415

(A) The name of the exiting operator and, if any, the exiting	57416
operator's authorized agent;	57417

(B) The name of the nursing facility or intermediate care	57418
facility for the mentally retarded that is the subject of the	57419
facility closure, voluntary termination, or voluntary withdrawal	57420
of participation;	57421

(C) The exiting operator's medicaid provider agreement	57422
number;	57423

(D) The effective date of the facility closure, voluntary	57424
termination, or voluntary withdrawal of participation;	57425

(E) The signature of the exiting operator's or owner's	57426
representative.	57427

Sec. 5111.661. An operator shall comply with section	57428
1919(c)(2)(F) of the "Social Security Act," 79 Stat. 286 (1965),	57429
42 U.S.C. 1396r(c)(2)(F) if the operator's nursing facility	57430
undergoes a voluntary withdrawal of participation.	57431

Sec. 5111.67. (A) An exiting operator or owner and entering	57432
operator shall provide the department of job and family services	57433
written notice of a change of operator if the nursing facility or	57434
intermediate care facility for the mentally retarded participates	57435
in the medicaid program and the entering operator seeks to	57436
continue the facility's participation. The written notice shall be	57437
provided to the department not later than forty-five days before	57438
the effective date of the change of operator if the change of	57439
operator does not entail the relocation of residents. The written	57440
notice shall be provided to the department not later than ninety	57441
days before the effective date of the change of operator if the	57442
change of operator entails the relocation of residents. The	57443
written notice shall include all of the following:	57444

(1) The name of the exiting operator and, if any, the exiting	57445
operator's authorized agent;	57446

(2) The name of the nursing facility or intermediate care	57447
facility for the mentally retarded that is the subject of the	57448
change of operator;	57449

(3) The exiting operator's medicaid provider agreement	57450
number;	57451

(4) The name of the entering operator;

57452

(5) The effective date of the change of operator;

57453

(6) The manner in which the entering operator becomes the	57454
facility's operator, including through sale, lease, merger, or	57455
other action;	57456

(7) If the manner in which the entering operator becomes the	57457
facility's operator involves more than one step, a description of	57458
each step;	57459

(8) Written authorization from the exiting operator or owner	57460
and entering operator for the department to process a provider	57461
agreement for the entering operator;	57462

(9) The signature of the exiting operator's or owner's	57463
representative.	57464

(B) The entering operator shall include a completed	57465
application for a provider agreement with the written notice to	57466
the department. The entering operator shall attach to the	57467
application the following:	57468

(1) If the written notice is provided to the department	57469
before the date the exiting operator or owner and entering	57470
operator complete the transaction for the change of operator, all	57471
the proposed leases, management agreements, merger agreements and	57472
supporting documents, and sales contracts and supporting documents	57473
relating to the facility's change of operator;	57474

(2) If the written notice is provided to the department on or	57475
after the date the exiting operator or owner and entering operator	57476
complete the transaction for the change of operator, copies of all	57477
the executed leases, management agreements, merger agreements and	57478
supporting documents, and sales contracts and supporting documents	57479
relating to the facility's change of operator.	57480

Sec. 5111.671. The department of job and family services may	57481
enter into a provider agreement with an entering operator that	57482
goes into effect at 12:01 a.m. on the effective date of the change	57483
of operator if all of the following requirements are met:	57484

(A) The department receives a properly completed written	57485
notice required by section 5111.67 of the Revised Code on or	57486
before the date required by that section.	57487

(B) The entering operator furnishes to the department copies	57488
of all the fully executed leases, management agreements, merger	57489
agreements and supporting documents, and sales contracts and	57490
supporting documents relating to the change of operator not later	57491
than ten days after the effective date of the change of operator.	57492

(C) The entering operator is eligible for medicaid payments	57493
as provided in section 5111.21 of the Revised Code.	57494

Sec. 5111.672. (A) The department of job and family services	57495
may enter into a provider agreement with an entering operator that	57496
goes into effect at 12:01 a.m. on the date determined under	57497
division (B) of this section if all of the following are the case:	57498

(1) The department receives a properly completed written	57499
notice required by section 5111.67 of the Revised Code.	57500

(2) The entering operator furnishes to the department copies	57501
of all the fully executed leases, management agreements, merger	57502
agreements and supporting documents, and sales contracts and	57503
supporting documents relating to change of operator.	57504

(3) The requirement of division (A)(1) of this section is met	57505
after the time required by section 5111.67 of the Revised Code,	57506
the requirement of division (A)(2) of this section is met more	57507
than ten days after the effective date of the change of operator,	57508
or both.	57509

(4) The entering operator is eligible for medicaid payments	57510
as provided in section 5111.21 of the Revised Code.	57511

(B) The department shall determine the date a provider	57512
agreement entered into under this section is to go into effect as	57513
follows:	57514

(1) The effective date shall give the department sufficient	57515
time to process the change of operator, assure no duplicate	57516
payments are made, make the withholding required by section	57517
5111.681 of the Revised Code, and withhold the final payment to	57518
the exiting operator until the following:	57519

(a) Ninety days after the exiting operator submits to the	57520
department a properly completed cost report under section 5111.683	57521
of the Revised Code;	57522

(b) One hundred eighty days after the department waives the	57523
cost report requirement of section 5111.683 of the Revised Code.	57524

(2) The effective date shall be not earlier than the later of	57525
the effective date of the change of operator or the date that the	57526
exiting operator or owner and entering operator comply with	57527
section 5111.67 of the Revised Code.	57528

(3) The effective date shall be not later than the following	57529
after the later of the dates specified in division (B)(2) of this	57530
section:	57531

(a) Forty-five days if the change of operator does not entail	57532
the relocation of residents;	57533

(b) Ninety days if the change of operator entails the	57534
relocation of residents.	57535

Sec. 5111.673. A provider agreement that the department of	57536
job and family services enters into with an entering operator	57537
under section 5111.671 or 5111.672 of the Revised Code shall	57538
satisfy all of the following requirements:	57539

(A) Comply with all applicable federal statutes and	57540
regulations;	57541

(B) Comply with section 5111.22 of the Revised Code and all	57542
other applicable state statutes and rules;	57543

(C) Include all the terms and conditions of the exiting	57544
operator's provider agreement, including, but not limited to, all	57545
of the following:	57546

(1) Any plan of correction;

57547

(2) Compliance with health and safety standards;

57548

(3) Compliance with the ownership and financial interest	57549
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;	57550

(4) Compliance with the civil rights requirements of 45	57551
C.F.R. parts 80, 84, and 90;	57552

(5) Compliance with additional requirements imposed by the	57553
department;	57554

(6) Any sanctions relating to remedies for violation of the	57555
provider agreement, including deficiencies, compliance periods,	57556
accountability periods, monetary penalties, notification for	57557
correction of contract violations, and history of deficiencies.	57558

(D) Require the entering operator to assume the exiting	57559
operator's remaining debt to the department and United States	57560
centers for medicare and medicaid services that the department is	57561
unable to collect from the exiting operator.	57562

Sec. 5111.674. In the case of a change of operator, the	57563
exiting operator shall be considered to be the operator of the	57564
nursing facility or intermediate care facility for the mentally	57565
retarded for purposes of the medicaid program, including medicaid	57566
payments, until the effective date of the entering operator's	57567
provider agreement if the provider agreement is entered into under	57568
section 5111.671 or 5111.672 of the Revised Code.	57569

Sec. 5111.675. The department of job and family services may	57570
enter into a provider agreement as provided in section 5111.22 of	57571
the Revised Code, rather than section 5111.671 or 5111.672 of the	57572
Revised Code, with an entering operator if the entering operator	57573
does not agree to a provider agreement that satisfies the	57574
requirements of division (C) or (D) of section 5111.673 of the	57575
Revised Code. The department may not enter into the provider	57576
agreement unless the department of health certifies the nursing	57577
facility or intermediate care facility for the mentally retarded	57578
under Title XIX of the "Social Security Act," 79 Stat. 286 (1965),	57579
42 U.S.C.A. 1396, as amended. The effective date of the provider	57580
agreement shall not precede any of the following:	57581

(A) The date that the department of health certifies the	57582
facility;	57583

(B) The effective date of the change of operator;

57584

(C) The date the requirement of section 5111.67 of the	57585
Revised Code is satisfied.	57586

Sec. 5111.676. The director of job and family services may	57587
adopt rules in accordance with Chapter 119. of the Revised Code	57588
governing adjustments to the medicaid reimbursement rate for a	57589
nursing facility or intermediate care facility for the mentally	57590
retarded that undergoes a change of operator. No rate adjustment	57591
resulting from a change of operator shall be effective before the	57592
effective date of the entering operator's provider agreement. This	57593
is the case regardless of whether the provider agreement is	57594
entered into under section 5111.671, section 5111.672, or,	57595
pursuant to section 5111.675, section 5111.22 of the Revised Code.	57596

Sec. 5111.677. Neither of the following shall affect the	57597
department of job and family services' determination of whether or	57598
when a change of operator occurs or the effective date of an	57599
entering operator's provider agreement under section 5111.671,	57600
section 5111.672, or, pursuant to section 5111.675, section	57601
5111.22 of the Revised Code:	57602

(A) The department of health's determination that a change of	57603
operator has or has not occurred for purposes of licensure under	57604
Chapter 3721. of the Revised Code;	57605

(B) The department of mental retardation and developmental	57606
disabilities' determination that a change of operator has or has	57607
not occurred for purposes of licensure under section 5123.19 of	57608
the Revised Code.	57609

Sec. 5111.68. (A) On receipt of a written notice under	57610
section 5111.66 of the Revised Code of a facility closure,	57611
voluntary termination, or voluntary withdrawal of participation or	57612
a written notice under section 5111.67 of the Revised Code of a	57613
change of operator, the department of job and family services	57614
shall determine the amount of any overpayments made under the	57615
medicaid program to the exiting operator, including overpayments	57616
the exiting operator disputes, and other actual and potential	57617
debts the exiting operator owes or may owe to the department and	57618
United States centers for medicare and medicaid services under the	57619
medicaid program. In determining the exiting operator's other	57620
actual and potential debts to the department under the medicaid	57621
program, the department shall include all of the following that	57622
the department determines is applicable:	57623

(1) Refunds due the department under division (G) of section	57624
5111.25 of the Revised Code or division (H) of section 5111.251 of	57625
the Revised Code;	57626

(2) Interest owed to the department and United States centers	57627
for medicare and medicaid services;	57628

(3) Final civil monetary and other penalties for which all	57629
right of appeal has been exhausted;	57630

(4) Third-party liabilities;

57631

(5) Money owed the department and United States centers for	57632
medicare and medicaid services from any outstanding final fiscal	57633
audit, including a final fiscal audit for the last fiscal year or	57634
portion thereof in which the exiting operator participated in the	57635
medicaid program.	57636

(B) If the department is unable to determine the amount of	57637
the overpayments and other debts for any period before the	57638
effective date of the entering operator's provider agreement or	57639
the effective date of the facility closure, voluntary termination,	57640
or voluntary withdrawal of participation, the department shall	57641
make a reasonable estimate of the overpayments and other debts for	57642
the period. The department shall make the estimate using	57643
information available to the department, including prior	57644
determinations of overpayments and other debts.	57645

Sec. 5111.681. (A) The department of job and family services	57646
shall withhold the greater of the following from payment due an	57647
exiting operator under the medicaid program:	57648

(1) The total amount of any overpayments made under the	57649
medicaid program to the exiting operator, including overpayments	57650
the exiting operator disputes, and other actual and potential	57651
debts, including any unpaid penalties, the exiting operator owes	57652
or may owe to the department and United States centers for	57653
medicare and medicaid services under the medicaid program;	57654

(2) An amount equal to the average amount of monthly payments	57655
to the exiting operator under the medicaid program for the	57656
twelve-month period immediately preceding the month that includes	57657
the last day the exiting operator's provider agreement is in	57658
effect or, in the case of a voluntary withdrawal of participation,	57659
the effective date of the voluntary withdrawal of participation.	57660

(B) The department may transfer the amount withheld under	57661
division (A) of this section to an escrow account with a bank,	57662
trust company, or savings and loan association.	57663

(C) If payment due an exiting operator under the medicaid	57664
program is less than the amount the department is required to	57665
withhold under division (A) of this section, the department shall	57666
require that the exiting operator provide the difference in the	57667
form of a security.	57668

(D) The department shall release to the exiting operator the	57669
actual amount withheld under division (A) of this section if the	57670
department allows the exiting operator to provide the department a	57671
security in the amount the department is required to withhold	57672
under division (A) of this section, less any of that amount	57673
provided to the department in the form of a security under	57674
division (C) of this section.	57675

(E) Security provided to the department under division (C) or	57676
(D) of this section shall be in either or both of the following	57677
forms:	57678

(1) In the case of a change of operator, the entering	57679
operator's nontransferable, unconditional, written agreement to	57680
pay the department any debt the exiting operator owes the	57681
department under the medicaid program;	57682

(2) In the case of a change of operator, facility closure,	57683
voluntary termination, or voluntary withdrawal of participation, a	57684
form of collateral or security acceptable to the department that	57685
satisfies both of the following conditions:	57686

(a) Is at least equal to the amount the department is	57687
required to withhold under division (A) of this section, less any	57688
amounts the department has received through actual withholding or	57689
one or more other forms of security under this division;	57690

(b) Is payable to the department if the exiting operator	57691
fails to pay any debt owed the department under the medicaid	57692
program within fifteen days of receiving the department's written	57693
demand for payment of the debt.	57694

Sec. 5111.682. An entering operator that provides the	57695
department of job and family services a security in the form	57696
provided by division (E)(1) of section 5111.681 of the Revised	57697
Code shall also provide the department a list of the entering	57698
operator's assets and liabilities. The department shall determine	57699
whether the assets are sufficient for the purpose of the security.	57700

Sec. 5111.683. (A) Except as provided in division (B) of this	57701
section, an exiting operator shall file with the department of job	57702
and family services a cost report not later than ninety days after	57703
the last day the exiting operator's provider agreement is in	57704
effect or, in the case of a voluntary withdrawal of participation,	57705
the effective date of the voluntary withdrawal of participation.	57706
The cost report shall cover the period that begins with the day	57707
after the last day covered by the operator's most recent previous	57708
cost report required by section 5111.26 of the Revised Code and	57709
ends on the last day the exiting operator's provider agreement is	57710
in effect or, in the case of a voluntary withdrawal of	57711
participation, the effective date of the voluntary withdrawal of	57712
participation. The cost report shall include, as applicable, all	57713
of the following:	57714

(1) The sale price of the nursing facility or intermediate	57715
care facility for the mentally retarded;	57716

(2) A final depreciation schedule that shows which assets are	57717
transferred to the buyer and which assets are not transferred to	57718
the buyer;	57719

(3) Any other information the department requires.

57720

(B) The department, at its sole discretion, may waive the	57721
requirement that an exiting operator file a cost report in	57722
accordance with division (A) of this section.	57723

Sec. 5111.684. If an exiting operator required by section	57724
5111.683 of the Revised Code to file a cost report with the	57725
department of job and family services fails to file the cost	57726
report in accordance with that section, all payments under the	57727
medicaid program for the period the cost report is required to	57728
cover are deemed overpayments until the date the department	57729
receives the properly completed cost report. The department may	57730
impose on the exiting operator a penalty of one hundred dollars	57731
for each calendar day the properly completed cost report is late.	57732

Sec. 5111.685. The department of job and family services may	57733
not provide an exiting operator final payment under the medicaid	57734
program until the department receives all properly completed cost	57735
reports the exiting operator is required to file under sections	57736
5111.26 and 5111.683 of the Revised Code.	57737

Sec. 5111.686. The department of job and family services	57738
shall determine the actual amount of debt an exiting operator owes	57739
the department under the medicaid program by completing all final	57740
fiscal audits not already completed and performing all other	57741
appropriate actions the department determines to be necessary. The	57742
department shall issue a report on this matter not later than	57743
ninety days after the date the exiting operator files the properly	57744
completed cost report required by section 5111.683 of the Revised	57745
Code with the department or, if the department waives the cost	57746
report requirement for the exiting operator, one hundred eighty	57747
days after the date the department waives the cost report	57748
requirement. The report shall include the department's findings	57749
and the amount of debt the department determines the exiting	57750
operator owes the department and United States centers for	57751
medicare and medicaid services under the medicaid program. Only	57752
the parts of the report that are subject to an adjudication as	57753
specified in division (B) of section 5111.29 of the Revised Code	57754
are subject to an adjudication conducted in accordance with	57755
Chapter 119. of the Revised Code.	57756

Sec. 5111.687. The department of job and family services	57757
shall release the actual amount withheld under division (A) of	57758
section 5111.681 of the Revised Code, and any security provided to	57759
the department under that section, less any amount the exiting	57760
operator owes the department and United States centers for	57761
medicare and medicaid services under the medicaid program, as	57762
follows:	57763

(A) Ninety-one days after the date the exiting operator files	57764
a properly completed cost report required by section 5111.683 of	57765
the Revised Code unless the department issues the report required	57766
by section 5111.686 of the Revised Code not later than ninety days	57767
after the date the exiting operator files the properly completed	57768
cost report;	57769

(B) Not later than fifteen days after the exiting operator	57770
agrees to a final fiscal audit resulting from the report required	57771
by section 5111.686 of the Revised Code if the department issues	57772
the report not later than ninety days after the date the exiting	57773
operator files a properly completed cost report required by	57774
section 5111.683 of the Revised Code;	57775

(C) One hundred eighty-one days after the date the department	57776
waives the cost report requirement of section 5111.683 of the	57777
Revised Code unless the department issues the report required by	57778
section 5111.686 of the Revised Code not later than one hundred	57779
eighty days after the date the department waives the cost report	57780
requirement;	57781

(D) Not later than fifteen days after the exiting operator	57782
agrees to a final fiscal audit resulting from the report required	57783
by section 5111.686 of the Revised Code if the department issues	57784
the report not later than one hundred eighty days after the date	57785
the department waives the cost report requirement of section	57786
5111.683 of the Revised Code.	57787

Sec. 5111.688. If the actual amount the department of job and	57788
family services withholds from an exiting operator under division	57789
(A) of section 5111.681 of the Revised Code, and any security	57790
provided to the department under that section, is inadequate to	57791
pay the exiting operator's debt to the department and United	57792
States centers for medicare and medicaid services under the	57793
medicaid program or the department is required to release the	57794
withholdings and security under section 5111.687 of the Revised	57795
Code before the department is paid the exiting operator's debt,	57796
the department shall collect the debt as follows:	57797

(A) From the exiting operator;

57798

(B) From the entering operator if the department is unable to	57799
collect the entire debt from the exiting operator and the entering	57800
operator entered into a provider agreement under section 5111.671	57801
or 5111.672 of the Revised Code. The department may collect the	57802
remaining debt by withholding the amount due from payments to the	57803
entering operator under the medicaid program. The department may	57804
enter into an agreement with the entering operator under which the	57805
entering operator pays the remaining debt, with applicable	57806
interest, in installments from withholdings from the entering	57807
operator's payments under the medicaid program.	57808

Sec. 5111.689. The department of job and family services, at	57809
its sole discretion, may release the amount withheld under	57810
division (A) of section 5111.681 of the Revised Code, and any	57811
security provided to the department under that section, if the	57812
exiting operator submits to the department written notice of a	57813
postponement of a change of operator, facility closure, voluntary	57814
termination, or voluntary withdrawal of participation and the	57815
transactions leading to the change of operator, facility closure,	57816
voluntary termination, or voluntary withdrawal of participation	57817
are postponed for at least thirty days but less than ninety days	57818
after the date originally proposed for the change of operator,	57819
facility closure, voluntary termination, or voluntary withdrawal	57820
of participation as reported in the written notice required by	57821
section 5111.66 or 5111.67 of the Revised Code. The department	57822
shall release the amount withheld and security if the exiting	57823
operator submits to the department written notice of a	57824
cancellation or postponement of a change of operator, facility	57825
closure, voluntary termination, or voluntary withdrawal of	57826
participation and the transactions leading to the change of	57827
operator, facility closure, voluntary termination, or voluntary	57828
withdrawal of participation are canceled, or postponed for more	57829
than ninety days after the date originally proposed for the change	57830
of operator, facility closure, voluntary termination, or voluntary	57831
withdrawal of participation as reported in the written notice	57832
required by section 5111.66 or 5111.67 of the Revised Code.	57833

After the department receives a written notice regarding a	57834
cancellation or postponement of a facility closure, voluntary	57835
termination, or voluntary withdrawal of participation, the exiting	57836
operator or owner shall provide new written notice to the	57837
department under section 5111.66 of the Revised Code regarding any	57838
transactions leading to a facility closure, voluntary termination,	57839
or voluntary withdrawal of participation at a future time. After	57840
the department receives a written notice regarding a cancellation	57841
or postponement of a change of operator, the exiting operator or	57842
owner and entering operator shall provide new written notice to	57843
the department under section 5111.67 of the Revised Code regarding	57844
any transactions leading to a change of operator at a future time.	57845

Sec. 5111.6810. The director of job and family services may	57846
adopt rules in accordance with Chapter 119. of the Revised Code to	57847
implement sections 5111.65 to 5111.6810 of the Revised Code,	57848
including rules applicable to an exiting operator that provides	57849
written notification under section 5111.66 of the Revised Code of	57850
a voluntary withdrawal of participation. Rules adopted under this	57851
section shall comply with section 1919(c)(2)(F) of the "Social	57852
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396r(c)(2)(F),	57853
regarding restrictions on transfers or discharges of nursing	57854
facility residents in the case of a voluntary withdrawal of	57855
participation. The rules may prescribe a medicaid reimbursement	57856
methodology and other procedures that are applicable after the	57857
effective date of a voluntary withdrawal of participation that	57858
differ from the reimbursement methodology and other procedures	57859
that would otherwise apply.	57860

Sec. 5111.85.  (A) As used in this section, "medicaid waiver	57861
component" means a component of the medicaid program authorized by	57862
a waiver granted by the United States department of health and	57863
human services under section 1115 or 1915 of the "Social Security	57864
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1315 or 1396n. "Medicaid	57865
waiver component" does not include a managed care management	57866
system established under section 5111.175111.16 of the Revised	57867
Code.	57868

(B) The director of job and family services may adopt rules	57869
under Chapter 119. of the Revised Code governing medicaid waiver	57870
components that establish all of the following:	57871

(1) Eligibility requirements for the medicaid waiver	57872
components;	57873

(2) The type, amount, duration, and scope of services the	57874
medicaid waiver components provide;	57875

(3) The conditions under which the medicaid waiver components	57876
cover services;	57877

(4) The amount the medicaid waiver components pay for	57878
services or the method by which the amount is determined;	57879

(5) The manner in which the medicaid waiver components pay	57880
for services;	57881

(6) Safeguards for the health and welfare of medicaid	57882
recipients receiving services under a medicaid waiver component;	57883

(7) Procedures for enforcing the rules, including	57884
establishing corrective action plans for, and imposing financial	57885
and administrative sanctions on, persons and government entities	57886
that violate the rules. Sanctions shall include terminating	57887
medicaid provider agreements. The procedures shall include due	57888
process protections.	57889

(8) Other policies necessary for the efficient administration	57890
of the medicaid waiver components.	57891

(C) The director of job and family services may adopt	57892
different rules for the different medicaid waiver components. The	57893
rules shall be consistent with the terms of the waiver authorizing	57894
the medicaid waiver component.	57895

(D) The director of job and family services may conduct	57896
reviews of the medicaid waiver components. The reviews may include	57897
physical inspections of records and sites where services are	57898
provided under the medicaid waiver components and interviews of	57899
providers and recipients of the services. If the director	57900
determines pursuant to a review that a person or government entity	57901
has violated a rule governing a medicaid waiver component, the	57902
director may establish a corrective action plan for the violator	57903
and impose fiscal, administrative, or both types of sanctions on	57904
the violator in accordance with rules adopted under division (B)	57905
of this section.	57906

Sec. 5111.87. As used in this section and section 5111.871 of	57907
the Revised Code, "intermediate care facility for the mentally	57908
retarded" has the same meaning as in section 5111.20 of the	57909
Revised Code.	57910

The director of job and family services may apply to the	57911
United States secretary of health and human services for one or	57912
more medicaid waivers under which home and community-based	57913
services are provided to individuals with mental retardation or	57914
other developmental disability as an alternative to placement in	57915
an intermediate care facility for the mentally retarded. Before	57916
the director appliesThe director of mental retardation and	57917
developmental disabilities may request that the director of job	57918
and family services apply for one or more medicaid waivers under	57919
this section.	57920

Before applying for a waiver under this section, the director	57921
of job and family services shall seek, accept, and consider public	57922
comments.	57923

Sec. 5111.871.  The department of job and family services	57924
shall enter into a contract with the department of mental	57925
retardation and developmental disabilities under section 5111.91	57926
of the Revised Code with regard to one or more of the component	57927
components of the medicaid program established by the department	57928
of job and family services under one or more of the medicaid	57929
waivers from the United States secretary of health and human	57930
services pursuant to section 1915 of the "Social Security Act," 49	57931
Stat. 620 (1935), 42 U.S.C.A. 1396n, as amended, to provide	57932
eligible medicaid recipients with home and community-based	57933
services as an alternative to placement in an intermediate care	57934
facility for the mentally retardedsought under section 5111.87 of	57935
the Revised Code. The contract shall provide for the department of	57936
mental retardation and developmental disabilities to administer	57937
the componentcomponents in accordance with the terms of the	57938
waiverwaivers. The directors of job and family services and	57939
mental retardation and developmental disabilities shall adopt	57940
rules in accordance with Chapter 119. of the Revised Code	57941
governing the componentcomponents.	57942

If the department of mental retardation and developmental	57943
disabilities or the department of job and family services denies	57944
an individual's application for home and community-based services	57945
provided under thisany of these medicaid componentcomponents,	57946
the department that denied the services shall give timely notice	57947
to the individual that the individual may request a hearing under	57948
section 5101.35 of the Revised Code.	57949

The departments of mental retardation and developmental	57950
disabilities and job and family services may approve, reduce,	57951
deny, or terminate a service included in the individualized	57952
service plan developed for a medicaid recipient eligible for home	57953
and community-based services provided under thisany of these	57954
medicaid componentcomponents. The departments shall consider the	57955
recommendations a county board of mental retardation and	57956
developmental disabilities makes under division (A)(1)(c) of	57957
section 5126.055 of the Revised Code. If either department	57958
approves, reduces, denies, or terminates a service, that	57959
department shall give timely notice to the medicaid recipient that	57960
the recipient may request a hearing under section 5101.35 of the	57961
Revised Code.	57962

If supported living or residential services, as defined in	57963
section 5126.01 of the Revised Code, are to be provided under this	57964
componentany of these components, any person or government entity	57965
with a current, valid medicaid provider agreement and a current,	57966
valid license under section 5123.19 or certificate under section	57967
5123.045 or 5126.431 of the Revised Code may provide the services.	57968

Sec. 5111.872. When the department of mental retardation and	57969
developmental disabilities allocates enrollment numbers to a	57970
county board of mental retardation and developmental disabilities	57971
for home and community-based services provided under any of the	57972
componentcomponents of the medicaid program that the department	57973
administers under section 5111.871 of the Revised Code, the	57974
department shall consider all of the following:	57975

(A) The number of individuals with mental retardation or	57976
other developmental disability who are on a waiting list the	57977
county board establishes under division (C) of section 5126.042 of	57978
the Revised Code for those services and are given priority on the	57979
waiting list pursuant to division (D) or (E) of that section;	57980

(B) The implementation component required by division (A)(4)	57981
of section 5126.054 of the Revised Code of the county board's plan	57982
approved under section 5123.046 of the Revised Code;	57983

(C) Anything else the department considers necessary to	57984
enable county boards to provide those services to individuals in	57985
accordance with the priority requirements of divisiondivisions	57986
(D) and (E) of section 5126.042 of the Revised Code.	57987

Sec. 5111.873. (A) Not later than the effective date of the	57988
first of any medicaid waivers the United States secretary of	57989
health and human services grants pursuant to a request made under	57990
section 5111.87 of the Revised Code, the director of job and	57991
family services shall adopt rules in accordance with Chapter 119.	57992
of the Revised Code establishing statewide fee schedules for home	57993
and community-based services provided under the component	57994
components of the medicaid program that the department of mental	57995
retardation and developmental disabilities administers under	57996
section 5111.871 of the Revised Code. The rules shall provide for	57997
all of the following:	57998

(1) The department of mental retardation and developmental	57999
disabilities arranging for the initial and ongoing collection of	58000
cost information from a comprehensive, statistically valid sample	58001
of persons and government entities providing the services at the	58002
time the information is obtained;	58003

(2) The collection of consumer-specific information through	58004
an assessment instrument the department of mental retardation and	58005
developmental disabilities shall provide to the department of job	58006
and family services;	58007

(3) With the information collected pursuant to divisions	58008
(A)(1) and (2) of this section, an analysis of that information,	58009
and other information the director determines relevant, methods	58010
and standards for calculating the fee schedules that do all of the	58011
following:	58012

(a) Assure that the fees are consistent with efficiency,	58013
economy, and quality of care;	58014

(b) Consider the intensity of consumer resource need;

58015

(c) Recognize variations in different geographic areas	58016
regarding the resources necessary to assure the health and welfare	58017
of consumers;	58018

(d) Recognize variations in environmental supports available	58019
to consumers.	58020

(B) As part of the process of adopting rules under this	58021
section, the director shall consult with the director of mental	58022
retardation and developmental disabilities, representatives of	58023
county boards of mental retardation and developmental	58024
disabilities, persons who provide the home and community-based	58025
services, and other persons and government entities the director	58026
identifies.	58027

(C) The directors of job and family services and mental	58028
retardation and developmental disabilities shall review the rules	58029
adopted under this section at times they determine to ensure that	58030
the methods and standards established by the rules for calculating	58031
the fee schedules continue to do everything that division (A)(3)	58032
of this section requires.	58033

Sec. 5111.911. Any contract the department of job and family	58034
services enters into with the department of mental health or	58035
department of alcohol and drug addiction services under section	58036
5111.91 of the Revised Code is subject to the approval of the	58037
director of budget and management and shall require or specify all	58038
of the following:	58039

(A) In the case of a contract with the department of mental	58040
health, that section 5111.912 of the Revised Code be complied	58041
with;	58042

(B) In the case of a contract with the department of alcohol	58043
and drug addiction services, that section 5111.913 of the Revised	58044
Code be complied with;	58045

(C) How providers will be paid for providing the services;

58046

(D) The department of mental health's or department of	58047
alcohol and drug addiction services' responsibilities for	58048
reimbursing providers, including program oversight and quality	58049
assurance.	58050

Sec. 5111.912. If the department of job and family services	58051
enters into a contract with the department of mental health under	58052
section 5111.91 of the Revised Code, the department of mental	58053
health and boards of alcohol, drug addiction, and mental health	58054
services shall pay the nonfederal share of any medicaid payment to	58055
a provider for services under the component, or aspect of the	58056
component, the department of mental health administers.	58057

Sec. 5111.913. If the department of job and family services	58058
enters into a contract with the department of alcohol and drug	58059
addiction services under section 5111.91 of the Revised Code, the	58060
department of alcohol and drug addiction services and boards of	58061
alcohol, drug addiction, and mental health services shall pay the	58062
nonfederal share of any medicaid payment to a provider for	58063
services under the component, or aspect of the component, the	58064
department of alcohol and drug addiction services administers.	58065

Sec. 5111.92.  (A)(1) Except as provided in division (B) of	58066
this section, if a state agency or political subdivision	58067
administers one or more components of the medicaid program that	58068
the United States department of health and human services	58069
approved, and for which federal financial participation was	58070
initially obtained, prior to January 1, 2002, or administers one	58071
or more aspects of such a component, the department of job and	58072
family services may retain or collect not more than ten per cent	58073
of the federal financial participation the state agency or	58074
political subdivision obtains through an approved, administrative	58075
claim regarding the component or aspect of the component. If the	58076
department retains or collects a percentage of such federal	58077
financial participation, the percentage the department retains or	58078
collects shall be specified in a contract the department enters	58079
into with the state agency or political subdivision under section	58080
5111.91 of the Revised Code.	58081

(2) Except as provided in division (B) of this section, if a	58082
state agency or political subdivision administers one or more	58083
components of the medicaid program that the United States	58084
department of health and human services approved on or after	58085
January 1, 2002, or administers one or more aspects of such a	58086
component, the department of job and family services shall retain	58087
or collect not less than three and not more than ten per cent of	58088
the federal financial participation the state agency or political	58089
subdivision obtains through an approved, administrative claim	58090
regarding the component or aspect of the component. The percentage	58091
the department retains or collects shall be specified in a	58092
contract the department enters into with the state agency or	58093
political subdivision under section 5111.91 of the Revised Code.	58094

(B) The department of job and family services may retain or	58095
collect a percentage of federal financial participation under	58096
divisions (A)(1) and (2) of this section only to the extent	58097
permitted by federal statutes and regulations and shall not retain	58098
or collect a percentage of federal financial participation	58099
obtained pursuant to section 5126.058 of the Revised Code.	58100

(C) All amounts the department retains or collects under this	58101
section shall be deposited into the health care services	58102
administration fund created under section 5111.94 of the Revised	58103
Code.	58104

Sec. 5111.94.  (A) As used in this section, "vendor offset"	58105
means a reduction of a medicaid payment to a medicaid provider to	58106
correct a previous, incorrect medicaid payment to that provider.	58107

(B) There is hereby created in the state treasury the health	58108
care services administration fund. Except as provided in division	58109
(C) of this section, all the following shall be deposited into the	58110
fund:	58111

(1) Amounts deposited into the fund pursuant to sections	58112
5111.92 and 5111.93 of the Revised Code;	58113

(2) The amount of the state share of all money the department	58114
of job and family services, in fiscal year 2003 and each fiscal	58115
year thereafter, recovers pursuant to a tort action under the	58116
department's right of recovery under section 5101.58 of the	58117
Revised Code that exceeds the state share of all money the	58118
department, in fiscal year 2002, recovers pursuant to a tort	58119
action under that right of recovery;	58120

(3) Subject to division (D) of this section, the amount of	58121
the state share of all money the department of job and family	58122
services, in fiscal year 2003 and each fiscal year thereafter,	58123
recovers through audits of medicaid providers that exceeds the	58124
state share of all money the department, in fiscal year 2002,	58125
recovers through such audits;	58126

(4) Until October 16, 2003, amountsAmounts from assessments	58127
on hospitals under section 5112.06 of the Revised Code and	58128
intergovernmental transfers by governmental hospitals under	58129
section 5112.07 of the Revised Code that are deposited into the	58130
fund in accordance with the law.	58131

(C) No funds shall be deposited into the health care services	58132
administration fund in violation of federal statutes or	58133
regulations.	58134

(D) In determining under division (B)(3) of this section the	58135
amount of money the department, in a fiscal year, recovers through	58136
audits of medicaid providers, the amount recovered in the form of	58137
vendor offset shall be excluded.	58138

(E) The director of job and family services shall use funds	58139
available in the health care services administration fund to pay	58140
for costs associated with the administration of the medicaid	58141
program.	58142

Sec. 5111.95.  (A) As used in this section:

58143

(1) "Applicant" means a person who is under final	58144
consideration for employment or, after the effective date of this	58145
section, an existing employee with a waiver agency in a full-time,	58146
part-time, or temporary position that involves providing home and	58147
community-based waiver services to a person with disabilities.	58148
"Applicant" also means an existing employee with a waiver agency	58149
in a full-time, part-time, or temporary position that involves	58150
providing home and community-based waiver services to a person	58151
with disabilities after the effective date of this section.	58152

(2) "Criminal records check" has the same meaning as in	58153
section 109.572 of the Revised Code.	58154

(3) "Waiver agency" means a person or government entity that	58155
is not certified under the medicare program and is accredited by	58156
the community health accreditation program or the joint commission	58157
on accreditation of health care organizations or a company that	58158
provides home and community-based waiver services to persons with	58159
disabilities through department of job and family services	58160
administered home and community-based waiver programs. "Waiver	58161
agency" does not include a person or government entity that	58162
provides home and community-based waiver services through	58163
components of the medicaid program being administered by the	58164
department of mental retardation and developmental disabilities	58165
pursuant to a contract entered into with the department of job and	58166
family services under section 5111.871 of the Revised Code.	58167

(4) "Home and community-based waiver services" means services	58168
furnished under the provision of 42 C.F.R. 441, subpart G, that	58169
permit individuals to live in a home setting rather than a nursing	58170
facility or hospital. Home and community-based waiver services are	58171
approved by the centers for medicare and medicaid for specific	58172
populations and are not otherwise available under the medicaid	58173
state plan.	58174

(B)(1) The chief administrator of a waiver agency shall	58175
request that the superintendent of the bureau of criminal	58176
identification and investigation conduct a criminal records check	58177
with respect to each applicant. If an applicant for whom a	58178
criminal records check request is required under this division	58179
does not present proof of having been a resident of this state for	58180
the five-year period immediately prior to the date the criminal	58181
records check is requested or provide evidence that within that	58182
five-year period the superintendent has requested information	58183
about the applicant from the federal bureau of investigation in a	58184
criminal records check, the chief administrator shall request that	58185
the superintendent obtain information from the federal bureau of	58186
investigation as part of the criminal records check of the	58187
applicant. Even if an applicant for whom a criminal records check	58188
request is required under this division presents proof of having	58189
been a resident of this state for the five-year period, the chief	58190
administrator may request that the superintendent include	58191
information from the federal bureau of investigation in the	58192
criminal records check.	58193

(2) A person required by division (B)(1) of this section to	58194
request a criminal records check shall do both of the following:	58195

(a) Provide to each applicant for whom a criminal records	58196
check request is required under division (B)(1) of this section a	58197
copy of the form prescribed pursuant to division (C)(1) of section	58198
109.572 of the Revised Code and a standard fingerprint impression	58199
sheet prescribed pursuant to division (C)(2) of that section, and	58200
obtain the completed form and impression sheet from the applicant;	58201

(b) Forward the completed form and impression sheet to the	58202
superintendent of the bureau of criminal identification and	58203
investigation.	58204

(3) An applicant provided the form and fingerprint impression	58205
sheet under division (B)(2)(a) of this section who fails to	58206
complete the form or provide fingerprint impressions shall not be	58207
employed in any position in a waiver agency for which a criminal	58208
records check is required by this section.	58209

(C)(1) Except as provided in rules adopted by the department	58210
of job and family services in accordance with division (F) of this	58211
section and subject to division (C)(2) of this section, no waiver	58212
agency shall employ a person in a position that involves providing	58213
home and community-based waiver services to persons with	58214
disabilities if the person has been convicted of or pleaded guilty	58215
to any of the following:	58216

(a) A violation of section 2903.01, 2903.02, 2903.03,	58217
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	58218
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	58219
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	58220
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	58221
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	58222
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	58223
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	58224
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	58225
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	58226
Revised Code, felonious sexual penetration in violation of former	58227
section 2907.12 of the Revised Code, a violation of section	58228
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	58229
violation of section 2919.23 of the Revised Code that would have	58230
been a violation of section 2905.04 of the Revised Code as it	58231
existed prior to July 1, 1996, had the violation been committed	58232
prior to that date;	58233

(b) An existing or former law of this state, any other state,	58234
or the United States that is substantially equivalent to any of	58235
the offenses listed in division (C)(1)(a) of this section.	58236

(2)(a) A waiver agency may employ conditionally an applicant	58237
for whom a criminal records check request is required under	58238
division (B) of this section prior to obtaining the results of a	58239
criminal records check regarding the individual, provided that the	58240
agency shall request a criminal records check regarding the	58241
individual in accordance with division (B)(1) of this section not	58242
later than five business days after the individual begins	58243
conditional employment.	58244

(b) A waiver agency that employs an individual conditionally	58245
under authority of division (C)(2)(a) of this section shall	58246
terminate the individual's employment if the results of the	58247
criminal records check request under division (B) of this section,	58248
other than the results of any request for information from the	58249
federal bureau of investigation, are not obtained within the	58250
period ending sixty days after the date the request is made.	58251
Regardless of when the results of the criminal records check are	58252
obtained, if the results indicate that the individual has been	58253
convicted of or pleaded guilty to any of the offenses listed or	58254
described in division (C)(1) of this section, the agency shall	58255
terminate the individual's employment unless the agency chooses to	58256
employ the individual pursuant to division (F) of this section.	58257
Termination of employment under this division shall be considered	58258
just cause for discharge for purposes of division (D)(2) of	58259
section 4141.29 of the Revised Code if the individual makes any	58260
attempt to deceive the agency about the individual's criminal	58261
record.	58262

(D)(1) Each waiver agency shall pay to the bureau of criminal	58263
identification and investigation the fee prescribed pursuant to	58264
division (C)(3) of section 109.572 of the Revised Code for each	58265
criminal records check conducted pursuant to a request made under	58266
division (B) of this section.	58267

(2) A waiver agency may charge an applicant a fee not	58268
exceeding the amount the agency pays under division (D)(1) of this	58269
section. An agency may collect a fee only if the agency notifies	58270
the person at the time of initial application for employment of	58271
the amount of the fee and that, unless the fee is paid, the person	58272
will not be considered for employment.	58273

(E) The report of any criminal records check conducted	58274
pursuant to a request made under this section is not a public	58275
record for the purposes of section 149.43 of the Revised Code and	58276
shall not be made available to any person other than the	58277
following:	58278

(1) The individual who is the subject of the criminal records	58279
check or the individual's representative;	58280

(2) The chief administrator of the agency requesting the	58281
criminal records check or the administrator's representative;	58282

(3) A court, hearing officer, or other necessary individual	58283
involved in a case dealing with a denial of employment of the	58284
applicant or dealing with employment or unemployment benefits of	58285
the applicant.	58286

(F) The department shall adopt rules in accordance with	58287
Chapter 119. of the Revised Code to implement this section. The	58288
rules shall specify circumstances under which a waiver agency may	58289
employ a person who has been convicted of or pleaded guilty to an	58290
offense listed or described in division (C)(1) of this section but	58291
meets personal character standards set by the department.	58292

(G) The chief administrator of a waiver agency shall inform	58293
each person, at the time of initial application for a position	58294
that involves providing home and community-based waiver services	58295
to a person with a disability, that the person is required to	58296
provide a set of fingerprint impressions and that a criminal	58297
records check is required to be conducted if the person comes	58298
under final consideration for employment.	58299

(H)(1) A person who, on the effective date of this section,	58300
is an employee of a waiver agency in a full-time, part-time, or	58301
temporary position that involves providing home and	58302
community-based waiver services to a person with disabilities	58303
shall comply with this section within sixty days after the	58304
effective date of this section unless division (H)(2) of this	58305
section applies.	58306

(2) This section shall not apply to a person to whom all of	58307
the following apply:	58308

(a) On the effective date of this section, the person is an	58309
employee of a waiver agency in a full-time, part-time, or	58310
temporary position that involves providing home and	58311
community-based waiver services to a person with disabilities.	58312

(b) The person previously had been the subject of a criminal	58313
background check relating to that position;	58314

(c) The person has been continuously employed in that	58315
position since that criminal background check had been conducted.	58316

Sec. 5111.96.  (A) As used in this section:

58317

(1) "Anniversary date" means the later of the effective date	58318
of the provider agreement relating to the independent provider or	58319
sixty days after the effective date of this section.	58320

(2) "Criminal records check" has the same meaning as in	58321
section 109.572 of the Revised Code.	58322

(3) "The department" means the department of job and family	58323
services or its designee.	58324

(4) "Independent provider" means a person who is submitting	58325
an application for a provider agreement or who has a provider	58326
agreement as an independent provider in a department of job and	58327
family services administered home and community-based services	58328
program providing home and community-based waiver services to	58329
consumers with disabilities.	58330

(5) "Home and community-based waiver services" has the same	58331
meaning as in section 5111.95 of the Revised Code.	58332

(B)(1) The department shall inform each independent provider,	58333
at the time of initial application for a provider agreement that	58334
involves providing home and community-based waiver services to	58335
consumers with disabilities, that the independent provider is	58336
required to provide a set of fingerprint impressions and that a	58337
criminal records check is required to be conducted if the person	58338
is to become an independent provider in a department administered	58339
home and community-based waiver program.	58340

(2) Beginning on the effective date of this section, the	58341
department shall inform each enrolled medicaid independent	58342
provider on or before time of the anniversary date of the provider	58343
agreement that involves providing home and community-based waiver	58344
services to consumers with disabilities that the independent	58345
provider is required to provide a set of fingerprint impressions	58346
and that a criminal records check is required to be conducted.	58347

(C)(1) The department shall require the independent provider	58348
to complete a criminal records check prior to entering into a	58349
provider agreement with the independent provider and at least	58350
annually thereafter. If an independent provider for whom a	58351
criminal records check is required under this division does not	58352
present proof of having been a resident of this state for the	58353
five-year period immediately prior to the date the criminal	58354
records check is requested or provide evidence that within that	58355
five-year period the superintendent has requested information	58356
about the applicant from the federal bureau of investigation in a	58357
criminal records check, the department shall request the	58358
independent provider obtain through the superintendent a criminal	58359
records request from the federal bureau of investigation as part	58360
of the criminal records check of the independent provider. Even if	58361
an independent provider for whom a criminal records check request	58362
is required under this division presents proof of having been a	58363
resident of this state for the five-year period, the department	58364
may request that the independent provider obtain information	58365
through the superintendent from the federal bureau of	58366
investigation in the criminal records check.	58367

(2) The department shall do both of the following:

58368

(a) Provide information to each independent provider for whom	58369
a criminal records check request is required under division (C)(1)	58370
of this section about requesting a copy of the form prescribed	58371
pursuant to division (C)(1) of section 109.572 of the Revised Code	58372
and a standard fingerprint impression sheet prescribed pursuant to	58373
division (C)(2) of that section, and obtain the completed form and	58374
impression sheet and fee from the independent provider;	58375

(b) Forward the completed form, impression sheet, and fee to	58376
the superintendent of the bureau of criminal identification and	58377
investigation.	58378

(3) An independent provider given information about obtaining	58379
the form and fingerprint impression sheet under division (C)(2)(a)	58380
of this section who fails to complete the form or provide	58381
fingerprint impressions shall not be approved as an independent	58382
provider.	58383

(D) Except as provided in rules adopted by the department in	58384
accordance with division (G) of this section, the department shall	58385
not issue a new provider agreement to, and shall terminate an	58386
existing provider agreement of, an independent provider if the	58387
person has been convicted of or pleaded guilty to any of the	58388
following:	58389

(1) A violation of section 2903.01, 2903.02, 2903.03,	58390
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	58391
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	58392
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	58393
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	58394
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	58395
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	58396
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	58397
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	58398
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	58399
Revised Code, felonious sexual penetration in violation of former	58400
section 2907.12 of the Revised Code, a violation of section	58401
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	58402
violation of section 2919.23 of the Revised Code that would have	58403
been a violation of section 2905.04 of the Revised Code as it	58404
existed prior to July 1, 1996, had the violation been committed	58405
prior to that date;	58406

(2) An existing or former law of this state, any other state,	58407
or the United States that is substantially equivalent to any of	58408
the offenses listed in division (D)(1) of this section.	58409

(E) Each independent provider shall pay to the bureau of	58410
criminal identification and investigation the fee prescribed	58411
pursuant to division (C)(3) of section 109.572 of the Revised Code	58412
for each criminal records check conducted pursuant to a request	58413
made under division (C) of this section.	58414

(F) The report of any criminal records check conducted by the	58415
bureau of criminal identification and investigation in accordance	58416
with section 109.572 of the Revised Code and pursuant to a request	58417
made under division (C) of this section is not a public record for	58418
the purposes of section 149.43 of the Revised Code and shall not	58419
be made available to any person other than the following:	58420

(1) The person who is the subject of the criminal records	58421
check or the person's representative;	58422

(2) The administrator at the department who is requesting the	58423
criminal records check or the administrator's representative;	58424

(3) Any court, hearing officer, or other necessary individual	58425
involved in a case dealing with a denial or termination of a	58426
provider agreement related to the criminal records check.	58427

(G) The department shall adopt rules in accordance with	58428
Chapter 119. of the Revised Code to implement this section. The	58429
rules shall specify circumstances under which the department may	58430
issue a provider agreement to an independent provider who has been	58431
convicted of or pleaded guilty to an offense listed or described	58432
in division (C)(1) of this section but meets personal character	58433
standards set by the department.	58434

Sec. 5111.97. (A) The director of job and family services may	58435
submit a request to the United States secretary of health and	58436
human services pursuant to section 1915 of the "Social Security	58437
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n, as amended, to obtain	58438
waivers of federal medicaid requirements that would otherwise be	58439
violated in the creation and implementation of two medicaid home	58440
and community-based services programs to replace the Ohio home	58441
care program being operated pursuant to rules adopted under	58442
sections 5111.01 and 5111.02 of the Revised Code and a medicaid	58443
waiver granted prior to the effective date of this section. In the	58444
request, the director may specify the following:	58445

(1) That one of the replacement programs will provide home	58446
and community-based services to individuals in need of nursing	58447
facility care, including individuals enrolled in the Ohio home	58448
care program;	58449

(2) That the other replacement program will provide services	58450
to individuals in need of hospital care, including individuals	58451
enrolled in the Ohio home care program;	58452

(3) That there will be a maximum number of individuals who	58453
may be enrolled in the replacement programs in addition to the	58454
number of individuals to be transferred from the Ohio home care	58455
program;	58456

(4) That there will be a maximum amount the department may	58457
expend each year for each individual enrolled in the replacement	58458
programs;	58459

(5) That there will be a maximum aggregate amount the	58460
department may expend each year for all individuals enrolled in	58461
the replacement programs;	58462

(6) Any other requirement the director selects for the	58463
replacement programs.	58464

(B) If the secretary grants the medicaid waivers requested,	58465
the director may create and implement the replacement programs in	58466
accordance with the provisions of the waivers granted. The	58467
department of job and family services shall administer the	58468
replacement programs.	58469

As the replacement programs are implemented, the director	58470
shall reduce the maximum number of individuals who may be enrolled	58471
in the Ohio home care program by the number of individuals who are	58472
transferred to the replacement programs. When all individuals who	58473
are eligible to be transferred to the replacement programs have	58474
been transferred, the director may submit to the secretary an	58475
amendment to the state medicaid plan to provide for the	58476
elimination of the Ohio home care program.	58477

Sec. 5112.03.  (A) The director of job and family services	58478
shall adopt, and may amend and rescind, rules in accordance with	58479
Chapter 119. of the Revised Code for the purpose of administering	58480
sections 5112.01 to 5112.21 of the Revised Code, including rules	58481
that do all of the following:	58482

(1) Define as a "disproportionate share hospital" any	58483
hospital included under subsection (b) of section 1923 of the	58484
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	58485
1396r-4(b), as amended, and any other hospital the director	58486
determines appropriate;	58487

(2) Prescribe the form for submission of cost reports under	58488
section 5112.04 of the Revised Code;	58489

(3) Establish, in accordance with division (A) of section	58490
5112.06 of the Revised Code, the assessment rate or rates to be	58491
applied to hospitals under that section;	58492

(4) Establish schedules for hospitals to pay installments on	58493
their assessments under section 5112.06 of the Revised Code and	58494
for governmental hospitals to pay installments on their	58495
intergovernmental transfers under section 5112.07 of the Revised	58496
Code;	58497

(5) Establish procedures to notify hospitals of adjustments	58498
made under division (B)(2)(b) of section 5112.06 of the Revised	58499
Code in the amount of installments on their assessment;	58500

(6) Establish procedures to notify hospitals of adjustments	58501
made under division (D) of section 5112.09 of the Revised Code in	58502
the total amount of their assessment and to adjust for the	58503
remainder of the program year the amount of the installments on	58504
the assessments;	58505

(7) Establish, in accordance with section 5112.08 of the	58506
Revised Code, the methodology for paying hospitals under that	58507
section.	58508

The director shall consult with hospitals when adopting the	58509
rules required by divisions (A)(4) and (5) of this section in	58510
order to minimize hospitals' cash flow difficulties.	58511

(B) Rules adopted under this section may provide that "total	58512
facility costs" excludes costs associated with any of the	58513
following:	58514

(1) Recipients of the medical assistance program;

58515

(2) Recipients of financial assistance provided under Chapter	58516
5115. of the Revised Code;	58517

(3) Recipients of disability assistance medical assistance	58518
provided under Chapter 5115. of the Revised Code;	58519

(3)(4) Recipients of the program for medically handicapped	58520
children established under section 3701.023 of the Revised Code;	58521

(4)(5) Recipients of the medicare program established under	58522
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	58523
U.S.C.A. 301, as amended:	58524

(5)(6) Recipients of Title V of the "Social Security Act";

58525

(6)(7) Any other category of costs deemed appropriate by the	58526
director in accordance with Title XIX of the "Social Security Act"	58527
and the rules adopted under that title.	58528

Sec. 5112.08.  The director of job and family services shall	58529
adopt rules under section 5112.03 of the Revised Code establishing	58530
a methodology to pay hospitals that is sufficient to expend all	58531
money in the indigent care pool. Under the rules:	58532

(A) The department of job and family services may classify	58533
similar hospitals into groups and allocate funds for distribution	58534
within each group.	58535

(B) The department shall establish a method of allocating	58536
funds to hospitals, taking into consideration the relative amount	58537
of indigent care provided by each hospital or group of hospitals.	58538
The amount to be allocated shall be based on any combination of	58539
the following indicators of indigent care that the director	58540
considers appropriate:	58541

(1) Total costs, volume, or proportion of services to	58542
recipients of the medical assistance program, including recipients	58543
enrolled in health insuring corporations;	58544

(2) Total costs, volume, or proportion of services to	58545
low-income patients in addition to recipients of the medical	58546
assistance program, which may include recipients of Title V of the	58547
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	58548
amended, and disabilityrecipients of financial or medical	58549
assistance establishedprovided under Chapter 5115. of the Revised	58550
Code;	58551

(3) The amount of uncompensated care provided by the hospital	58552
or group of hospitals;	58553

(4) Other factors that the director considers to be	58554
appropriate indicators of indigent care.	58555

(C) The department shall distribute funds to each hospital or	58556
group of hospitals in a manner that first may provide for an	58557
additional distribution to individual hospitals that provide a	58558
high proportion of indigent care in relation to the total care	58559
provided by the hospital or in relation to other hospitals. The	58560
department shall establish a formula to distribute the remainder	58561
of the funds. The formula shall be consistent with section 1923 of	58562
the "Social Security Act," 42 U.S.C.A. 1396r-4, as amended, shall	58563
be based on any combination of the indicators of indigent care	58564
listed in division (B) of this section that the director considers	58565
appropriate.	58566

(D) The department shall distribute funds to each hospital in	58567
installments not later than ten working days after the deadline	58568
established in rules for each hospital to pay an installment on	58569
its assessment under section 5112.06 of the Revised Code. In the	58570
case of a governmental hospital that makes intergovernmental	58571
transfers, the department shall pay an installment under this	58572
section not later than ten working days after the earlier of that	58573
deadline or the deadline established in rules for the governmental	58574
hospital to pay an installment on its intergovernmental transfer.	58575
If the amount in the hospital care assurance program fund and the	58576
hospital care assurance match fund created under section 5112.18	58577
of the Revised Code is insufficient to make the total	58578
distributions for which hospitals are eligible to receive in any	58579
period, the department shall reduce the amount of each	58580
distribution by the percentage by which the amount is	58581
insufficient. The department shall distribute to hospitals any	58582
amounts not distributed in the period in which they are due as	58583
soon as moneys are available in the funds.	58584

Sec. 5112.17.  (A) As used in this section:

58585

(1) "Federal poverty guideline" means the official poverty	58586
guideline as revised annually by the United States secretary of	58587
health and human services in accordance with section 673 of the	58588
"Community Service Block Grant Act," 95 Stat. 511 (1981), 42	58589
U.S.C.A. 9902, as amended, for a family size equal to the size of	58590
the family of the person whose income is being determined.	58591

(2) "Third-party payer" means any private or public entity or	58592
program that may be liable by law or contract to make payment to	58593
or on behalf of an individual for health care services.	58594
"Third-party payer" does not include a hospital.	58595

(B) Each hospital that receives funds distributed under	58596
sections 5112.01 to 5112.21 of the Revised Code shall provide,	58597
without charge to the individual, basic, medically necessary	58598
hospital-level services to individuals who are residents of this	58599
state, are not recipients of the medical assistance program, and	58600
whose income is at or below the federal poverty guideline.	58601
Recipients of disability financial assistance and recipients of	58602
disability medical assistance provided under Chapter 5115. of the	58603
Revised Code qualify for services under this section. The director	58604
of job and family services shall adopt rules under section 5112.03	58605
of the Revised Code specifying the hospital services to be	58606
provided under this section.	58607

(C) Nothing in this section shall be construed to prevent a	58608
hospital from requiring an individual to apply for eligibility	58609
under the medical assistance program before the hospital processes	58610
an application under this section. Hospitals may bill any	58611
third-party payer for services rendered under this section.	58612
Hospitals may bill the medical assistance program, in accordance	58613
with Chapter 5111. of the Revised Code and the rules adopted under	58614
that chapter, for services rendered under this section if the	58615
individual becomes a recipient of the program. Hospitals may bill	58616
individuals for services under this section if all of the	58617
following apply:	58618

(1) The hospital has an established post-billing procedure	58619
for determining the individual's income and canceling the charges	58620
if the individual is found to qualify for services under this	58621
section.	58622

(2) The initial bill, and at least the first follow-up bill,	58623
is accompanied by a written statement that does all of the	58624
following:	58625

(a) Explains that individuals with income at or below the	58626
federal poverty guideline are eligible for services without	58627
charge;	58628

(b) Specifies the federal poverty guideline for individuals	58629
and families of various sizes at the time the bill is sent;	58630

(c) Describes the procedure required by division (C)(1) of	58631
this section.	58632

(3) The hospital complies with any additional rules the	58633
department adopts under section 5112.03 of the Revised Code.	58634

Notwithstanding division (B) of this section, a hospital	58635
providing care to an individual under this section is subrogated	58636
to the rights of any individual to receive compensation or	58637
benefits from any person or governmental entity for the hospital	58638
goods and services rendered.	58639

(D) Each hospital shall collect and report to the department,	58640
in the form and manner prescribed by the department, information	58641
on the number and identity of patients served pursuant to this	58642
section.	58643

(E) This section applies beginning May 22, 1992, regardless	58644
of whether the department has adopted rules specifying the	58645
services to be provided. Nothing in this section alters the scope	58646
or limits the obligation of any governmental entity or program,	58647
including the program awarding reparations to victims of crime	58648
under sections 2743.51 to 2743.72 of the Revised Code and the	58649
program for medically handicapped children established under	58650
section 3701.023 of the Revised Code, to pay for hospital services	58651
in accordance with state or local law.	58652

Sec. 5112.31.  The department of job and family services	58653
shall:	58654

(A) For the purpose of providing home and community-based	58655
services for mentally retarded and developmentally disabled	58656
persons, annually assess each intermediate care facility for the	58657
mentally retarded a franchise permit fee equal to nine dollars and	58658
twenty-foursixty-three cents multiplied by the product of the	58659
following:	58660

(1) The number of beds certified under Title XIX of the	58661
"Social Security Act" on the first day of May of the calendar year	58662
in which the assessment is determined pursuant to division (A) of	58663
section 5112.33 of the Revised Code;	58664

(2) The number of days in the fiscal year beginning on the	58665
first day of July of the same calendar year.	58666

(B) Not later thanBeginning July 1, 19962005, and the first	58667
day of each July thereafter, adjust fees determined under division	58668
(A) of this section in accordance with the composite inflation	58669
factor established in rules adopted under section 5112.39 of the	58670
Revised Code.	58671

If the United States secretary of health and human services	58672
determines that the franchise permit fee established by sections	58673
5112.30 to 5112.39 of the Revised Code would be an impermissible	58674
health care-related tax under section 1903(w) of the "Social	58675
Security Act," 42 U.S.C.A. 1396b(w), as amended, the department	58676
shall take all necessary actions to cease implementation of those	58677
sections in accordance with rules adopted under section 5112.39 of	58678
the Revised Code.	58679

Sec. 5112.99.  (A) The director of job and family services	58680
shall impose a penalty of one hundred dollars for each day that a	58681
hospital fails to report the information required under section	58682
5112.04 of the Revised Code on or before the dates specified in	58683
that section. The amount of the penalty shall be established by	58684
the director in rules adopted under section 5112.03 of the Revised	58685
Code.	58686

(B) In addition to any other remedy available to the	58687
department of job and family services under law to collect unpaid	58688
assessments and transfers, the director shall impose a penalty of	58689
ten per cent of the amount due, not to exceed twenty thousand	58690
dollars, on any hospital that fails to pay assessments or make	58691
intergovernmental transfers by the dates required by rules adopted	58692
under section 5112.03 of the Revised Code.	58693

(C) The director shall waive the penalties provided for in	58694
divisions (A) and (B) of this section for good cause shown by the	58695
hospital.	58696

(D) All penalties imposed under this section shall be	58697
deposited into the general revenuehealth care administration fund	58698
created by section 5111.94 of the Revised Code.	58699

Sec. 5115.01.  (A) There is hereby establishedThe director	58700
of job and family services shall establish the disability	58701
financial assistance program. Except as provided in division (D)	58702
of this section, a disability assistance recipient shall receive	58703
financial assistance. Except as provided in section 5115.11 of the	58704
Revised Code, a disability assistance recipient also shall receive	58705
disability assistance medical assistance.	58706

Except as provided by division (B) of this section, a person	58707
who meets all of the following requirements is(B) Subject to all	58708
other eligibility requirements established by this chapter and the	58709
rules adopted under it for the disability financial assistance	58710
program, a person may be eligible for disability financial	58711
assistance only if one of the following applies:	58712

(1) The person is ineligible to participate in the Ohio works	58713
first program established under Chapter 5107. of the Revised Code	58714
and to receive supplemental security income provided pursuant to	58715
Title XVI of the Social Security Act, 86 Stat. 1475 (1972), 42	58716
U.S.C.A. 1383, as amended;	58717

(2) The person is at least one of the following:

58718

(a) Under age eighteen;

58719

(b) Age sixty or older;

58720

(c) Pregnant;

58721

(d) Unableunable to do any substantial or gainful activity	58722
by reason of a medically determinable physical or mental	58723
impairment that can be expected to result in death or has lasted	58724
or can be expected to last for not less than nine months;	58725

(e) A resident of a residential treatment center certified as	58726
an alcohol or drug addiction program by the department of alcohol	58727
and drug addiction services under section 3793.06 of the Revised	58728
Code.	58729

(f) Medication dependent as determined by a physician, as	58730
defined in section 4730.01 of the Revised Code, who has certified	58731
to the county department of job and family services that the	58732
person is receiving ongoing treatment for a chronic medical	58733
condition requiring continuous prescription medication for an	58734
indefinite, long-term period of time and for whom the loss of the	58735
medication would result in a significant risk of medical emergency	58736
and loss of employability lasting at least nine months.	58737

(3) The(2) On the day before the effective date of this	58738
amendment, the person meets the eligibility requirements	58739
established in rules adopted under section 5115.05 of the Revised	58740
Codewas sixty years of age or older and one of the following is	58741
the case:	58742

(a) The person was receiving or was scheduled to begin	58743
receiving financial assistance under this chapter on the basis of	58744
being sixty years of age or older;	58745

(b) An eligibility determination was pending regarding the	58746
person's application to receive financial assistance under this	58747
chapter on the basis of being sixty years of age or older and, on	58748
or after the effective date of this amendment, the person receives	58749
a determination of eligibility based on that application.	58750

(B)(1) A person is ineligible for disability assistance if	58751
the person is ineligible to participate in the Ohio works first	58752
program because of any of the following:	58753

(a) Section 5101.83, 5107.14, or 5107.16 of the Revised Code;

58754

(b) The time limit established by section 5107.18 of the	58755
Revised Code;	58756

(c) Failure to comply with an application or verification	58757
procedure;	58758

(d) The fraud control program established pursuant to 45	58759
C.F.R. 235.112, as in effect July 1, 1996.	58760

(2) A person under age eighteen is ineligible for disability	58761
assistance pursuant to division (B)(1)(a) of this section only if	58762
the person caused the assistance group to be ineligible to	58763
participate in the Ohio works first program or resides with a	58764
person age eighteen or older who was a member of the same	58765
ineligible assistance group. A person age eighteen or older is	58766
ineligible for disability assistance pursuant to division	58767
(B)(1)(a) of this section regardless of whether the person caused	58768
the assistance group to be ineligible to participate in the Ohio	58769
works first program.	58770

(C) The county department of job and family services that	58771
serves the county in which a person receiving disability	58772
assistance pursuant to division (A)(2)(e) of this section	58773
participates in an alcohol or drug addiction program shall	58774
designate a representative payee for purposes of receiving and	58775
distributing financial assistance provided under the disability	58776
assistance program to the person.	58777

(D) A person eligible for disability assistance pursuant to	58778
division (A)(2)(f) of this section shall not receive financial	58779
assistance.	58780

(E) The director of job and family services shall adopt rules	58781
in accordance with section 111.15 of the Revised Code defining	58782
terms and establishing standards for determining whether a person	58783
meets a condition of disability assistance eligibility pursuant to	58784
this section.	58785

Sec. 5115.04.        Sec. 5115.02. (A) An individual is not eligible for	58786
disability financial assistance under this chapter if eitherany	58787
of the following apply:	58788

(A)(1) The individual is eligible to participate in the Ohio	58789
works first program established under Chapter 5107. of the Revised	58790
Code; eligible to receive supplemental security income provided	58791
pursuant to Title XVI of the "Social Security Act," 86 Stat. 1475	58792
(1972), 42 U.S.C. 1383, as amended; or eligible to participate in	58793
or receive assistance through another state or federal program	58794
that provides financial assistance similar to disability financial	58795
assistance, as determined by the director of job and family	58796
services;	58797

(2) The individual is ineligible to participate in the Ohio	58798
works first program because of any of the following:	58799

(a) The time limit established by section 5107.18 of the	58800
Revised Code;	58801

(b) Failure to comply with an application or verification	58802
procedure;	58803

(c) The fraud control provisions of section 5101.83 of the	58804
Revised Code or the fraud control program established pursuant to	58805
45 C.F.R. 235.112, as in effect July 1, 1996;	58806

(d) The self-sufficiency contract provisions of sections	58807
5107.14 and 5107.16 of the Revised Code;	58808

(e) The minor parent provisions of section 5107.24 of the	58809
Revised Code;	58810

(f) The provisions of section 5107.26 of the Revised Code	58811
regarding termination of employment without just cause.	58812

(5) The individual, or any of the other individuals included	58813
in determining the individual's eligibility, is involved in a	58814
strike, as defined in section 5107.10 of the Revised Code;	58815

(6) For the purpose of avoiding consideration of property in	58816
determinations of the individual's eligibility for disability	58817
financial assistance or a greater amount of assistance, the	58818
individual has transferred property during the two years preceding	58819
application for or most recent redetermination of eligibility for	58820
disability assistance;	58821

(7) The individual is a child and does not live with the	58822
child's parents, guardians, or other persons standing in place of	58823
parents, unless the child is emancipated by being married, by	58824
serving in the armed forces, or by court order;	58825

(8) The individual reside in a county home, city infirmary,	58826
jail, or public institution;	58827

(9) The individual is a fugitive felon as defined in section	58828
5101.26 of the Revised Code;	58829

(B)(10) The individual is violating a condition of probation,	58830
a community control sanction, parole, or a post-release control	58831
sanction imposed under federal or state law.	58832

(B)(1) As used in division (B)(2) of this section,	58833
"assistance group" has the same meaning as in section 5107.02 of	58834
the Revised Code.	58835

(2) Ineligibility under division (A)(2)(c) or (d) of this	58836
section applies as follows:	58837

(a) In the case of an individual who is under eighteen years	58838
of age, the individual is ineligible only if the individual caused	58839
the assistance group to be ineligible to participate in the Ohio	58840
works first program or resides with an individual eighteen years	58841
of age or older who was a member of the same ineligible assistance	58842
group.	58843

(b) In the case of an individual who is eighteen years of age	58844
or older, the individual is ineligible regardless of whether the	58845
individual caused the assistance group to be ineligible to	58846
participate in the Ohio works first program.	58847

Sec. 5115.03. (A) The director of job and family services	58848
shall do both of the following:	58849

(A) Adoptadopt rules in accordance with section 111.15 of	58850
the Revised Code governing the administration of disability	58851
assistance, including the administration of financial assistance	58852
and disability assistance medical assistanceprogram. The rules	58853
shall be binding on county departments of job and family services.	58854

(B) Make investigations to determine whether disability	58855
assistance is being administered in compliance with the Revised	58856
Code and rules adopted by the director.may establish or specify	58857
any or all of the following:	58858

(1) Maximum payment amounts under the disability financial	58859
assistance program, based on state appropriations for the program;	58860

(2) Limits on the length of time an individual may receive	58861
disability financial assistance;	58862

(3) Limits on the total number of individuals in the state	58863
who may receive disability financial assistance;	58864

(4) Income, resource, citizenship, age, residence, living	58865
arrangement, and other eligibility requirements for disability	58866
financial assistance;	58867

(5) Procedures for disregarding amounts of earned and	58868
unearned income for the purpose of determining eligibility for	58869
disability financial assistance and the amount of assistance to be	58870
provided;	58871

(6) Procedures for including the income and resources, or a	58872
certain amount of the income and resources, of a member of an	58873
individual's family when determining eligibility for disability	58874
financial assistance and the amount of assistance to be provided.	58875

(B) In establishing or specifying eligibility requirements	58876
for disability financial assistance, the director shall exclude	58877
the value of any tuition payment contract entered into under	58878
section 3334.09 of the Revised Code or any scholarship awarded	58879
under section 3334.18 of the Revised Code and the amount of	58880
payments made by the Ohio tuition trust authority under section	58881
3334.09 of the Revised Code pursuant to the contract or	58882
scholarship. The director shall not require any individual to	58883
terminate a tuition payment contract entered into under Chapter	58884
3334. of the Revised Code as a condition of eligibility for	58885
disability financial assistance. The director shall consider as	58886
income any refund paid under section 3334.10 of the Revised Code.	58887

(C) Notwithstanding section 3109.01 of the Revised Code, when	58888
a disability financial assistance applicant or recipient who is at	58889
least eighteen but under twenty-two years of age resides with the	58890
applicant's or recipient's parents, the income of the parents	58891
shall be taken into account in determining the applicant's or	58892
recipient's financial eligibility. In the rules adopted under this	58893
section, the director shall specify procedures for determining the	58894
amount of income to be attributed to applicants and recipients in	58895
this age category.	58896

(D) For purposes of limiting the cost of the disability	58897
financial assistance program, the director may do either or both	58898
of the following:	58899

(1) Adopt rules in accordance with section 111.15 of the	58900
Revised Code that revise the program's eligibility requirements,	58901
the maximum payment amounts, or any other requirement or standard	58902
established or specified in the rules adopted by the director;	58903

(2) Suspend acceptance of applications for disability	58904
financial assistance. While a suspension is in effect, no person	58905
shall receive a determination or redetermination of eligibility	58906
for disability financial assistance unless the person was	58907
receiving the assistance during the month immediately preceding	58908
the suspension's effective date or the person submitted an	58909
application prior to the suspension's effective date and receives	58910
a determination of eligibility based on that application. The	58911
director may adopt rules in accordance with section 111.15 of the	58912
Revised Code establishing requirements and specifying procedures	58913
applicable to the suspension of acceptance of new applications.	58914

Sec. 5115.02.        Sec. 5115.04.  (A) The department of job and family	58915
services shall supervise and administer the disability financial	58916
assistance program, except that the department may require county	58917
departments of job and family services to perform any	58918
administrative function specified in rules adopted by the director	58919
of job and family services, including making determinations of	58920
financial eligibility and initial determinations of whether an	58921
applicant meets a condition of eligibility under division	58922
(A)(2)(d) of section 5115.01 of the Revised Code, distributing	58923
financial assistance payments, reimbursing providers of medical	58924
services for services provided to disability assistance	58925
recipients, and any other function specified in the rules. The	58926
department may also require county departments to make a final	58927
determination of whether an applicant meets a condition for	58928
eligibility under division (A)(2)(a), (b), (c), (e), or (f) of	58929
section 5115.01 of the Revised Code. The department shall make the	58930
final determination of whether an applicant meets a condition of	58931
eligibility under division (A)(2)(d) of section 5115.01 of the	58932
Revised Code.	58933

(B) If the department requires county departments to perform	58934
administrative functions under this section, the director shall	58935
adopt rules in accordance with section 111.15 of the Revised Code	58936
governing the performance of the functions to be performed by	58937
county departments. County departments shall perform the functions	58938
in accordance with the rules. The director shall conduct	58939
investigations to determine whether disability financial	58940
assistance is being administered in compliance with the Revised	58941
Code and rules adopted by the director.	58942

(C) If disability financial assistance payments or medical	58943
services reimbursements are made by the county department of job	58944
and family services, the department shall advance sufficient funds	58945
to provide the county treasurer with the amount estimated for the	58946
payments or reimbursements. Financial assistance payments shall be	58947
distributed in accordance with sections 117.45, 319.16, and 329.03	58948
of the Revised Code.	58949

Sec. 5115.05. (A) The director of job and family services	58950
shall adopt rules in accordance with section 111.15 of the Revised	58951
Code establishing application and verification procedures,	58952
reapplication procedures, and income, resource, citizenship, age,	58953
residence, living arrangement, assistance group composition, and	58954
other eligibility requirements the director considers necessary in	58955
the administration of the application process for disability	58956
financial assistance. The rules may provide for disregarding	58957
amounts of earned and unearned income for the purpose of	58958
determining whether an assistance group is eligible for assistance	58959
and the amount of assistance provided under this chapter. The	58960
rules also may provide that the income and resources, or a certain	58961
amount of the income and resources, of a member of an assistance	58962
group's family group will be included in determining whether the	58963
assistance group is eligible for aid and the amount of aid	58964
provided under this chapter.	58965

If financial assistance under this chapter is to be paid by	58966
the auditor of state through the medium of direct deposit, the	58967
application shall be accompanied by information the auditor needs	58968
to make direct deposits.	58969

The department of job and family services may require	58970
recipients of disability financial assistance to participate in a	58971
reapplication process two months after initial approval for	58972
assistance has been determined and at such other times as	58973
specified in the department requiresrules.	58974

If a recipient of disability assistance, or the spouse of or	58975
member of the assistance group of a recipient, becomes possessed	58976
of resources or income in excess of the amount allowed under rules	58977
adopted under this section, or if other changes occur that affect	58978
the person's eligibility or need for assistance, the recipient	58979
shall notify the department or county department of job and family	58980
services within the time limits specified in the rules. Failure of	58981
a recipient to report possession of excess resources or income or	58982
a change affecting eligibility or need within those time limits	58983
shall be considered prima-facie evidence of intent to defraud	58984
under section 5115.15 of the Revised Code.	58985

Each applicant for or recipient of disability assistance	58986
shall make reasonable efforts to secure support from persons	58987
responsible for the applicant's or recipient's support, and from	58988
other sources, as a means of preventing or reducing the provision	58989
of disability assistance at public expense. The department or	58990
county department may provide assistance to the applicant or	58991
recipient in securing other forms of financial or medical	58992
assistance.	58993

Notwithstanding section 3109.01 of the Revised Code, when a	58994
disability assistance applicant or recipient who is at least	58995
eighteen but under twenty-two years of age resides with the	58996
applicant's or recipient's parents, the income of the parents	58997
shall be taken into account in determining the applicant's or	58998
recipient's financial eligibility. The director shall adopt rules	58999
for determining the amount of income to be attributed to the	59000
assistance group of applicants in this age category.	59001

(B) Any person who applies for disability financial	59002
assistance under this section shall receive a voter registration	59003
application under section 3503.10 of the Revised Code.	59004

Sec. 5115.07.        Sec. 5115.06. Financial assistanceAssistance under	59005
the disability financial assistance program may be given by	59006
warrant, direct deposit, or, if provided by the director of job	59007
and family services pursuant to section 5101.33 of the Revised	59008
Code, by electronic benefit transfer. It shall be inalienable	59009
whether by way of assignment, charge, or otherwise, and is exempt	59010
from attachment, garnishment, or other like process. Any	59011

Any direct deposit shall be made to a financial institution	59012
and account designated by the recipient. TheIf disability	59013
financial assistance is to be paid by the auditor of state through	59014
direct deposit, the application for assistance shall be	59015
accompanied by information the auditor needs to make direct	59016
deposits.	59017

The director of job and family services may adopt rules for	59018
designation of financial institutions and accounts. No	59019

No financial institution shall impose any charge for direct	59020
deposit of disability assistance financial assistance payments	59021
that it does not charge all customers for similar services.	59022

The department of job and family services shall establish	59023
financial assistance payment amounts based on state	59024
appropriations.	59025

Disability assistance may be given to persons living in their	59026
own homes or other suitable quarters, but shall not be given to	59027
persons who reside in a county home, city infirmary, jail, or	59028
public institution. Disability assistance shall not be given to an	59029
unemancipated child unless the child lives with the child's	59030
parents, guardians, or other persons standing in place of parents.	59031
For the purpose of this section, a child is emancipated if the	59032
child is married, serving in the armed forces, or has been	59033
emancipated by court order.	59034

No person shall be eligible for disability assistance if, for	59035
the purpose of avoiding consideration of property in	59036
determinations of the person's eligibility for disability	59037
assistance or a greater amount of assistance, the person has	59038
transferred property during the two years preceding application	59039
for or most recent redetermination of eligibility for disability	59040
assistance.	59041

Sec. 5115.13.        Sec. 5115.07.  The acceptance of disabilityfinancial	59042
assistance under this chapterthe disability financial assistance	59043
program constitutes an assignment to the department of job and	59044
family services of any rights an individual receiving disability	59045
the assistance has to financial support from any other person,	59046
excluding medical support assigned pursuant to section 5101.59 of	59047
the Revised Code. The rights to support assigned to the department	59048
pursuant to this section constitute an obligation of the person	59049
responsible for providing the support to the state for the amount	59050
of disability financial assistance payments to the recipient or	59051
recipients whose needs are included in determining the amount of	59052
disability assistance received. Support payments assigned to the	59053
state pursuant to this section shall be collected by the county	59054
department of job and family services and reimbursements for	59055
disability financial assistance payments shall be credited to the	59056
state treasury.	59057

Sec. 5115.10.  (A) The director of job and family services	59058
shall establish a disability assistance medical assistance program	59059
shall consist of a system of managed primary care. Until July 1,	59060
1992, the program shall also include limited hospital services,	59061
except that if prior to that date hospitals are required by	59062
section 5112.17 of the Revised Code to provide medical services	59063
without charge to persons specified in that section, the program	59064
shall cease to include hospital services at the time the	59065
requirement of section 5112.17 of the Revised Code takes effect.	59066

The department of job and family services may require	59067
disability assistance medical assistance recipients to enroll in	59068
health insuring corporations or other managed care programs, or	59069
may limit the number or type of health care providers from which a	59070
recipient may receive services.	59071

The director of job and family services shall adopt rules	59072
governing the disability assistance medical assistance program	59073
established under this division. The rules shall specify all of	59074
the following:	59075

(1) Services that will be provided under the system of	59076
managed primary care;	59077

(2) Hospital services that will be provided during the period	59078
that hospital services are provided under the program;	59079

(3) The maximum authorized amount, scope, duration, or limit	59080
of payment for services.	59081

(B) The director of job and family services shall designate	59082
medical services providers for the disability assistance medical	59083
assistance program. The first such designation shall be made not	59084
later than September 30, 1991. Services under the program shall be	59085
provided only by providers designated by the director. The	59086
director may require that, as a condition of being designated a	59087
disability assistance medical assistance provider, a provider	59088
enter into a provider agreement with the state department.	59089

(C) As long as the disability assistance medical assistance	59090
program continues to include hospital services, the department or	59091
a county director of job and family services may, pursuant to	59092
rules adopted under this section, approve an application for	59093
disability assistance medical assistance for emergency inpatient	59094
hospital services when care has been given to a person who had not	59095
completed a sworn application for disability assistance at the	59096
time the care was rendered, if all of the following apply:	59097

(1) The person files an application for disability assistance	59098
within sixty days after being discharged from the hospital or, if	59099
the conditions of division (D) of this section are met, while in	59100
the hospital;	59101

(2) The person met all eligibility requirements for	59102
disability assistance at the time the care was rendered;	59103

(3) The care given to the person was a medical service within	59104
the scope of disability assistance medical assistance as	59105
established under rules adopted by the director of job and family	59106
services.	59107

(D) If a person files an application for disability	59108
assistance medical assistance for emergency inpatient hospital	59109
services while in the hospital, a face-to-face interview shall be	59110
conducted with the applicant while the applicant is in the	59111
hospital to determine whether the applicant is eligible for the	59112
assistance. If the hospital agrees to reimburse the county	59113
department of job and family services for all actual costs	59114
incurred by the department in conducting the interview, the	59115
interview shall be conducted by an employee of the county	59116
department. If, at the request of the hospital, the county	59117
department designates an employee of the hospital to conduct the	59118
interview, the interview shall be conducted by the hospital	59119
employee.	59120

(E) The department of job and family services may assume	59121
responsibility for peer review of expenditures for disability	59122
assistance medical assistance(B) Subject to all other eligibility	59123
requirements established by this chapter and the rules adopted	59124
under it for the disability medical assistance program, a person	59125
may be eligible for disability medical assistance only if the	59126
person is medication dependent, as determined by the department of	59127
job and family services.	59128

(C) The director shall adopt rules under section 111.15 of	59129
the Revised Code for purposes of implementing division (B) of this	59130
section. The rules may specify or establish any or all of the	59131
following:	59132

(1) Standards for determining whether a person is medication	59133
dependent, including standards under which a person may qualify as	59134
being medication dependent only if it is determined that both of	59135
the following are the case:	59136

(a) The person is receiving ongoing treatment for a chronic	59137
medical condition that requires continuous prescription medication	59138
for an indefinite, long-term period of time;	59139

(b) Loss of the medication would result in a significant risk	59140
of medical emergency and loss of employability lasting at least	59141
nine months.	59142

(2) A requirement that a person's medical condition be	59143
certified by an individual authorized under Chapter 4731. of the	59144
Revised Code to practice medicine and surgery or osteopathic	59145
medicine and surgery;	59146

(3) Limitations on the chronic medical conditions and	59147
prescription medications that may qualify a person as being	59148
medication dependent.	59149

Sec. 5115.11. If a member of an assistance group receiving	59150
disability assistance under this chapterAn individual who	59151
qualifies for the medical assistance program established under	59152
Chapter 5111. of the Revised Code, the member shall receive	59153
medical assistance through that program rather than through the	59154
disability assistance medical assistance program.	59155

An individual is ineligible for disability medical assistance	59156
if, for the purpose of avoiding consideration of property in	59157
determinations of the individual's eligibility for disability	59158
medical assistance or a greater amount of assistance, the person	59159
has transferred property during the two years preceding	59160
application for or most recent redetermination of eligibility for	59161
disability medical assistance.	59162

Sec. 5115.12. (A) The director of job and family services	59163
shall adopt rules in accordance with section 111.15 of the Revised	59164
Code governing the disability medical assistance program. The	59165
rules may establish or specify any or all of the following:	59166

(1) Income, resource, citizenship, age, residence, living	59167
arrangement, and other eligibility requirements;	59168

(2) Health services to be included in the program;

59169

(3) The maximum authorized amount, scope, duration, or limit	59170
of payment for services;	59171

(4) Limits on the length of time an individual may receive	59172
disability medical assistance;	59173

(5) Limits on the total number of individuals in the state	59174
who may receive disability medical assistance.	59175

(B) For purposes of limiting the cost of the disability	59176
medical assistance program, the director may do either of the	59177
following:	59178

(1) Adopt rules in accordance with section 111.15 of the	59179
Revised Code that revise the program's eligibility requirements;	59180
the maximum authorized amount, scope, duration, or limit of	59181
payment for services included in the program; or any other	59182
requirement or standard established or specified by rules adopted	59183
under division (A) of this section or under section 5115.10 of the	59184
Revised Code;	59185

(2) Suspend acceptance of applications for disability medical	59186
assistance. While a suspension is in effect, no person shall	59187
receive a determination or redetermination of eligibility for	59188
disability medical assistance unless the person was receiving the	59189
assistance during the month immediately preceding the suspension's	59190
effective date or the person submitted an application prior to the	59191
suspension's effective date and receives a determination of	59192
eligibility based on that application. The director may adopt	59193
rules in accordance with section 111.15 of the Revised Code	59194
establishing requirements and specifying procedures applicable to	59195
the suspension of acceptance of new applications.	59196

Sec. 5115.13.  (A) The department of job and family services	59197
shall supervise and administer the disability medical program,	59198
except as follows:	59199

(1) The department may require county departments of job and	59200
family services to perform any administrative function specified	59201
in rules adopted by the director of job and family services.	59202

(2) The director may contract with any private or public	59203
entity in this state to perform any administrative function or to	59204
administer any or all of the program.	59205

(B) If the department requires county departments to perform	59206
administrative functions, the director of job and family services	59207
shall adopt rules in accordance with section 111.15 of the Revised	59208
Code governing the performance of the functions to be performed by	59209
county departments. County departments shall perform the functions	59210
in accordance with the rules.	59211

If the director contracts with a private or public entity to	59212
perform administrative functions or to administer any or all of	59213
the program, the director may either adopt rules in accordance	59214
with section 111.15 of the Revised Code or include provisions in	59215
the contract governing the performance of the functions by the	59216
private or public entity. Entities under contract shall perform	59217
the functions in accordance with the requirements established by	59218
the director.	59219

(C) Whenever division (A)(1) or (2) of this section is	59220
implemented, the director shall conduct investigations to	59221
determine whether disability medical assistance is being	59222
administered in compliance with the Revised Code and rules adopted	59223
by the director or in accordance with the terms of the contract.	59224

Sec. 5115.14. (A) The director of job and family services	59225
shall adopt rules in accordance with section 111.15 of the Revised	59226
Code establishing application and verification procedures,	59227
reapplication procedures, and other requirements the director	59228
considers necessary in the administration of the application	59229
process for disability medical assistance.	59230

(B) Any person who applies for disability medical assistance	59231
shall receive a voter registration application under section	59232
3503.10 of the Revised Code.	59233

Sec. 5115.20.  (A) The department of job and family services	59234
shall establish a disability advocacy program and each county	59235
department of job and family services shall establish a disability	59236
advocacy program unit or join with other county departments of job	59237
and family services to establish a joint county disability	59238
advocacy program unit. Through the program the department and	59239
county departments shall cooperate in efforts to assist applicants	59240
for and recipients of assistance under this chapterthe disability	59241
financial assistance program and the disability medical assistance	59242
program, who might be eligible for supplemental security income	59243
benefits under Title XVI of the "Social Security Act," 86 Stat.	59244
1475 (1972), 42 U.S.C.A. 1383, as amended, in applying for those	59245
benefits. The	59246

As part of their disability advocacy programs, the state	59247
department and county departments may enter into contracts for the	59248
services to applicants for and recipients of assistance under this	59249
chapter who might be eligible for supplemental security income	59250
benefits withof persons and governmentalgovernment entities that	59251
in the judgment of the department or county department have	59252
demonstrated expertise in representing persons seeking	59253
supplemental security income benefits. Each contract shall require	59254
the person or entity with which a department contracts to assess	59255
each person referred to it by the department to determine whether	59256
the person appears to be eligible for supplemental security income	59257
benefits, and, if the person appears to be eligible, assist the	59258
person in applying and represent the person in any proceeding of	59259
the social security administration, including any appeal or	59260
reconsideration of a denial of benefits. The department or county	59261
department shall provide to the person or entity with which it	59262
contracts all records in its possession relevant to the	59263
application for supplemental security income benefits. The	59264
department shall require a county department with relevant records	59265
to submit them to the person or entity.	59266

(B) Each applicant for or recipient of disability financial	59267
assistance or disability medical assistance under this chapter	59268
who, in the judgment of the department or a county department	59269
might be eligible for supplemental security benefits, mustshall,	59270
as a condition of eligibility for assistance, apply for such	59271
benefits if directed to do so by the department or county	59272
department.	59273

(C) EachWith regard to applicants for and recipients of	59274
disability financial assistance or disability medical assistance,	59275
each county department of job and family services shall do all of	59276
the following:	59277

(1) Identify applicants for and recipients of assistance	59278
under this chapter who might be eligible for supplemental security	59279
income benefits;	59280

(2) Assist applicants for and recipients of assistance under	59281
this chapter in securing documentation of disabling conditions or	59282
refer them for such assistance to a person or government agency	59283
entity with which the department or county department has	59284
contracted under division (A) of this section;	59285

(3) Inform applicants for and recipients of assistance under	59286
this chapter of available sources of representation, which may	59287
include a person or government entity with which the department or	59288
county department has contracted under division (A) of this	59289
section, and of their right to represent themselves in	59290
reconsiderations and appeals of social security administration	59291
decisions that deny them supplemental security income benefits.	59292
The county department may require the applicants and recipients,	59293
as a condition of eligibility for assistance, to pursue	59294
reconsiderations and appeals of social security administration	59295
decisions that deny them supplemental security income benefits,	59296
and shall assist applicants and recipients as necessary to obtain	59297
such benefits or refer them to a person or government agency	59298
entity with which the department or county department has	59299
contracted under division (A) of this section.	59300

(4) Require applicants for and recipients of assistance under	59301
this chapter who, in the judgment of the county department, are or	59302
may be aged, blind, or disabled, to apply for medical assistance	59303
under Chapter 5111. of the Revised Code, make determinations when	59304
appropriate as to eligibility for medical assistance, and refer	59305
their applications when necessary to the disability determination	59306
unit established in accordance with division (F) of this section	59307
for expedited review;	59308

(5) Require each applicant for and each recipient of	59309
assistance under this chapter who in the judgment of the	59310
department or the county department might be eligible for	59311
supplemental security income benefits, as a condition of	59312
eligibility for disability financial assistance or disability	59313
medical assistance under this chapter, to execute a written	59314
authorization for the secretary of health and human services to	59315
withhold benefits due that individual and pay to the director of	59316
job and family services or the director's designee an amount	59317
sufficient to reimburse the state and county shares of interim	59318
assistance furnished to the individual. For the purposes of	59319
division (C)(5) of this section, "benefits" and "interim	59320
assistance" have the meanings given in Title XVI of the "Social	59321
Security Act."	59322

(D) The director of job and family services shall adopt rules	59323
in accordance with Chapter 119.section 111.15 of the Revised Code	59324
for the effective administration of the disability advocacy	59325
program. The rules shall include all of the following:	59326

(1) Methods to be used in collecting information from and	59327
disseminating it to county departments, including the following:	59328

(a) The number of individuals in the county who are disabled	59329
recipients of disability financial assistance or disability	59330
medical assistance under this chapter in the county;	59331

(b) The final decision made either by the social security	59332
administration or by a court for each application or	59333
reconsideration in which an individual was assisted pursuant to	59334
this section.	59335

(2) The type and process of training to be provided by the	59336
department of job and family services to the employees of the	59337
county department of job and family services who perform duties	59338
under this section;	59339

(3) Requirements for the written authorization required by	59340
division (C)(5) of this section.	59341

(E) The department shall provide basic and continuing	59342
training to employees of the county department of job and family	59343
services who perform duties under this section. Training shall	59344
include but not be limited to all processes necessary to obtain	59345
federal disability benefits, and methods of advocacy.	59346

(F) The department shall establish a disability determination	59347
unit and develop guidelines for expediting reviews of applications	59348
for medical assistance under Chapter 5111. of the Revised Code for	59349
persons who have been referred to the unit under division (C)(4)	59350
of this section. The department shall make determinations of	59351
eligibility for medical assistance for any such person within the	59352
time prescribed by federal regulations.	59353

(G) The department may, under rules the director of job and	59354
family services adopts in accordance with section 111.15 of the	59355
Revised Code, pay a portion of the federal reimbursement described	59356
in division (C)(5) of this section to persons or agencies	59357
government entities that assist or represent assistance recipients	59358
in reconsiderations and appeals of social security administration	59359
decisions denying them supplemental security income benefits.	59360

(H) The director shall conduct investigations to determine	59361
whether disability advocacy programs are being administered in	59362
compliance with the Revised Code and the rules adopted by the	59363
director pursuant to this section.	59364

Sec. 5115.22. (A) If a recipient of disability financial	59365
assistance or disability medical assistance, or an individual	59366
whose income and resources are included in determining the	59367
recipient's eligibility for the assistance, becomes possessed of	59368
resources or income in excess of the amount allowed to retain	59369
eligibility, or if other changes occur that affect the recipient's	59370
eligibility or need for assistance, the recipient shall notify the	59371
state or county department of job and family services within the	59372
time limits specified in rules adopted by the director of job and	59373
family services in accordance with section 111.15 of the Revised	59374
Code. Failure of a recipient to report possession of excess	59375
resources or income or a change affecting eligibility or need	59376
within those time limits shall be considered prima-facie evidence	59377
of intent to defraud under section 5115.23 of the Revised Code.	59378

(B) As a condition of eligibility for disability financial	59379
assistance or disability medical assistance, and as a means of	59380
preventing or reducing the provision of assistance at public	59381
expense, each applicant for or recipient of the assistance shall	59382
make reasonable efforts to secure support from persons responsible	59383
for the applicant's or recipient's support, and from other	59384
sources, including any federal program designed to provide	59385
assistance to individuals with disabilities. The state or county	59386
department of job and family services may provide assistance to	59387
the applicant or recipient in securing other forms of financial	59388
assistance.	59389

Sec. 5115.15.        Sec. 5115.23.  As used in this section, "erroneous	59390
payments" means disability financial assistance payments,	59391
includingor disability assistance medical assistance payments,	59392
made to persons who are not entitled to receive them, including	59393
payments made as a result of misrepresentation or fraud, and	59394
payments made due to an error by the recipient or by the county	59395
department of job and family services that made the payment.	59396

The department of job and family services shall adopt rules	59397
in accordance with section 111.15 of the Revised Code specifying	59398
the circumstances under which action is to be taken under this	59399
section to recover erroneous payments. The department, or a county	59400
department of job and family services at the request of the	59401
department, shall take action to recover erroneous payments in the	59402
circumstances specified in the rules. The department or county	59403
department may institute a civil action to recover erroneous	59404
payments.	59405

Whenever disability financial assistance or disability	59406
medical assistance has been furnished to a recipient for whose	59407
support another person is responsible, the other person shall, in	59408
addition to the liability otherwise imposed, as a consequence of	59409
failure to support the recipient, be liable for all disability	59410
assistance furnished the recipient. The value of the assistance so	59411
furnished may be recovered in a civil action brought by the county	59412
department of job and family services.	59413

Each county department of job and family services shall	59414
retain fifty per cent of the erroneous payments it recovers under	59415
this section. The department of job and family services shall	59416
receive the remaining fifty per cent.	59417

Sec. 5119.61.  Any provision in this chapter that refers to a	59418
board of alcohol, drug addiction, and mental health services also	59419
refers to the community mental health board in an alcohol, drug	59420
addiction, and mental health service district that has a community	59421
mental health board.	59422

The director of mental health with respect to all facilities	59423
and programs established and operated under Chapter 340. of the	59424
Revised Code for mentally ill and emotionally disturbed persons,	59425
shall do all of the following:	59426

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	59427
that may be necessary to carry out the purposes of Chapter 340.	59428
and sections 5119.61 to 5119.63 of the Revised Code.	59429

(1) The rules shall include all of the following:

59430

(a) Rules governing a community mental health agency's	59431
services under section 340.091 of the Revised Code to an	59432
individual referred to the agency under division (C)(2) of section	59433
173.35 of the Revised Code;	59434

(b) For the purpose of division (A)(16) of section 340.03 of	59435
the Revised Code, rules governing the duties of mental health	59436
agencies and boards of alcohol, drug addiction, and mental health	59437
services under section 3722.18 of the Revised Code regarding	59438
referrals of individuals with mental illness or severe mental	59439
disability to adult care facilities and effective arrangements for	59440
ongoing mental health services for the individuals. The rules	59441
shall do at least the following:	59442

(i) Provide for agencies and boards to participate fully in	59443
the procedures owners and managers of adult care facilities must	59444
follow under division (A)(2) of section 3722.18 of the Revised	59445
Code;	59446

(ii) Specify the manner in which boards are accountable for	59447
ensuring that ongoing mental health services are effectively	59448
arranged for individuals with mental illness or severe mental	59449
disability who are referred by the board or mental health agency	59450
under contract with the board to an adult care facility.	59451

(c) Rules governing a board of alcohol, drug addiction, and	59452
mental health services when making a report to the director of	59453
health under section 3722.17 of the Revised Code regarding the	59454
quality of care and services provided by an adult care facility to	59455
a person with mental illness or a severe mental disability.	59456

(2) Rules may be adopted to govern the method of paying a	59457
community mental health facility described, as defined in division	59458
(B) of section 5111.022 of the Revised Code, for providing	59459
services established bylisted in division (A)(B) of that section.	59460
Such rules must be consistent with the contract entered into	59461
between the departments of job and family services and mental	59462
health under division (E) of that section 5111.91 of the Revised	59463
Code and include requirements ensuring appropriate service	59464
utilization.	59465

(B) Review and evaluate, and, taking into account the	59466
findings and recommendations of the board of alcohol, drug	59467
addiction, and mental health services of the district served by	59468
the program and the requirements and priorities of the state	59469
mental health plan, including the needs of residents of the	59470
district now residing in state mental institutions, approve and	59471
allocate funds to support community programs, and make	59472
recommendations for needed improvements to boards of alcohol, drug	59473
addiction, and mental health services;	59474

(C) Withhold state and federal funds for any program, in	59475
whole or in part, from a board of alcohol, drug addiction, and	59476
mental health services in the event of failure of that program to	59477
comply with Chapter 340. or section 5119.61, 5119.611, 5119.612,	59478
or 5119.62 of the Revised Code or rules of the department of	59479
mental health. The director shall identify the areas of	59480
noncompliance and the action necessary to achieve compliance. The	59481
director shall offer technical assistance to the board to achieve	59482
compliance. The director shall give the board a reasonable time	59483
within which to comply or to present its position that it is in	59484
compliance. Before withholding funds, a hearing shall be conducted	59485
to determine if there are continuing violations and that either	59486
assistance is rejected or the board is unable to achieve	59487
compliance. Subsequent to the hearing process, if it is determined	59488
that compliance has not been achieved, the director may allocate	59489
all or part of the withheld funds to a public or private agency to	59490
provide the services not in compliance until the time that there	59491
is compliance. The director shall establish rules pursuant to	59492
Chapter 119. of the Revised Code to implement this division.	59493

(D) Withhold state or federal funds from a board of alcohol,	59494
drug addiction, and mental health services that denies available	59495
service on the basis of religion, race, color, creed, sex,	59496
national origin, age, disability as defined in section 4112.01 of	59497
the Revised Code, developmental disability, or the inability to	59498
pay;	59499

(E) Provide consultative services to community mental health	59500
agencies with the knowledge and cooperation of the board of	59501
alcohol, drug addiction, and mental health services;	59502

(F) Provide to boards of alcohol, drug addiction, and mental	59503
health services state or federal funds, in addition to those	59504
allocated under section 5119.62 of the Revised Code, for special	59505
programs or projects the director considers necessary but for	59506
which local funds are not available;	59507

(G) Establish criteria by which a board of alcohol, drug	59508
addiction, and mental health services reviews and evaluates the	59509
quality, effectiveness, and efficiency of services provided	59510
through its community mental health plan. The criteria shall	59511
include requirements ensuring appropriate service utilization. The	59512
department shall assess a board's evaluation of services and the	59513
compliance of each board with this section, Chapter 340. or	59514
section 5119.62 of the Revised Code, and other state or federal	59515
law and regulations. The department, in cooperation with the	59516
board, periodically shall review and evaluate the quality,	59517
effectiveness, and efficiency of services provided through each	59518
board. The department shall collect information that is necessary	59519
to perform these functions.	59520

(H) Develop and operate a community mental health information	59521
system.	59522

Boards of alcohol, drug abuse, and mental health services	59523
shall submit information requested by the department in the form	59524
and manner prescribed by the department. Information collected by	59525
the department shall include, but not be limited to, all of the	59526
following:	59527

(1) Information regarding units of services provided in whole	59528
or in part under contract with a board, including diagnosis and	59529
special needs, demographic information, the number of units of	59530
service provided, past treatment, financial status, and service	59531
dates in accordance with rules adopted by the department in	59532
accordance with Chapter 119. of the Revised Code;	59533

(2) Financial information other than price or price-related	59534
data regarding expenditures of boards and community mental health	59535
agencies, including units of service provided, budgeted and actual	59536
expenses by type, and sources of funds.	59537

Boards shall submit the information specified in division	59538
(H)(1) of this section no less frequently than annually for each	59539
client, and each time the client's case is opened or closed. The	59540
department shall not collect any information for the purpose of	59541
identifying by name any person who receives a service through a	59542
board of alcohol, drug addiction, and mental health services,	59543
except as required by state or federal law to validate appropriate	59544
reimbursement. For the purposes of division (H)(1) of this	59545
section, the department shall use an identification system that is	59546
consistent with applicable nationally recognized standards.	59547

(I) Review each board's community mental health plan	59548
submitted pursuant to section 340.03 of the Revised Code and	59549
approve or disapprove it in whole or in part. Periodically, in	59550
consultation with representatives of boards and after considering	59551
the recommendations of the medical director, the director shall	59552
issue criteria for determining when a plan is complete, criteria	59553
for plan approval or disapproval, and provisions for conditional	59554
approval. The factors that the director considers may include, but	59555
are not limited to, the following:	59556

(1) The mental health needs of all persons residing within	59557
the board's service district, especially severely mentally	59558
disabled children, adolescents, and adults;	59559

(2) The demonstrated quality, effectiveness, efficiency, and	59560
cultural relevance of the services provided in each service	59561
district, the extent to which any services are duplicative of	59562
other available services, and whether the services meet the needs	59563
identified above;	59564

(3) The adequacy of the board's accounting for the	59565
expenditure of funds.	59566

If the director disapproves all or part of any plan, the	59567
director shall provide the board an opportunity to present its	59568
position. The director shall inform the board of the reasons for	59569
the disapproval and of the criteria that must be met before the	59570
plan may be approved. The director shall give the board a	59571
reasonable time within which to meet the criteria, and shall offer	59572
technical assistance to the board to help it meet the criteria.	59573

If the approval of a plan remains in dispute thirty days	59574
prior to the conclusion of the fiscal year in which the board's	59575
current plan is scheduled to expire, the board or the director may	59576
request that the dispute be submitted to a mutually agreed upon	59577
third-party mediator with the cost to be shared by the board and	59578
the department. The mediator shall issue to the board and the	59579
department recommendations for resolution of the dispute. Prior to	59580
the conclusion of the fiscal year in which the current plan is	59581
scheduled to expire, the director, taking into consideration the	59582
recommendations of the mediator, shall make a final determination	59583
and approve or disapprove the plan, in whole or in part.	59584

Sec. 5119.611. (A) A board of alcohol, drug addiction, and	59585
mental health services may not contract with a community mental	59586
health agency under division (A)(8)(a) of section 340.03 of the	59587
Revised Code to provide community mental health services included	59588
in the board's community mental health plan unless the services	59589
are certified by the director of mental health under this section.	59590

A community mental health agency that seeks the director's	59591
certification of its community mental health services shall submit	59592
an application to the director. On receipt of the application, the	59593
director may visit and shall evaluate the agency to determine	59594
whether its services satisfy the standards established by rules	59595
adopted under division (C) of this section. The director shall	59596
make the evaluation, and, if the director visits the agency, shall	59597
make the visit, in cooperation with the board of alcohol, drug	59598
addiction, and mental health services with which the agency seeks	59599
to contract.	59600

If the director determines that a community mental health	59601
agency's services satisfy the standards, the director shall	59602
certify the services.	59603

If the director determines that a community mental health	59604
agency's services do not satisfy the standards, the director shall	59605
identify the areas of noncompliance, specify what action is	59606
necessary to satisfy the standards, and offer technical assistance	59607
to the board of alcohol, drug addiction, and mental health	59608
services so that the board may assist the agency in satisfying the	59609
standards. The director shall give the agency a reasonable time	59610
within which to demonstrate that its services satisfy the	59611
standards or to bring the services into compliance with the	59612
standards. If the director concludes that the services continue to	59613
fail to satisfy the standards, the director may request that the	59614
board reallocate the funds for the community mental health	59615
services the agency was to provide to another community mental	59616
health agency whose community mental health services satisfy the	59617
standards. If the board does not reallocate those funds in a	59618
reasonable period of time, the director may withhold state and	59619
federal funds for the community mental health services and	59620
allocate those funds directly to a community mental health agency	59621
whose community mental health services satisfy the standards.	59622

(B) Each community mental health agency seeking certification	59623
of its community mental health services under this section shall	59624
pay a fee for the certification review required by this section.	59625
Fees shall be paid into the sale of goods and services fund	59626
created pursuant to section 5119.161 of the Revised Code.	59627

(C) The director shall adopt rules in accordance with Chapter	59628
119. of the Revised Code to implement this section. The rules	59629
shall do all of the following:	59630

(1) Establish certification standards for community mental	59631
health services, including assertive community treatment and	59632
intensive home-based mental health services, that are consistent	59633
with nationally recognized applicable standards and facilitate	59634
participation in federal assistance programs. The rules shall	59635
include as certification standards only requirements that improve	59636
the quality of services or the health and safety of clients of	59637
community mental health services. The standards shall address at a	59638
minimum all of the following:	59639

(a) Reporting major unusual incidents to the director;

59640

(b) Procedures for applicants for and clients of community	59641
mental health services to file grievances and complaints;	59642

(c) Seclusion;

59643

(d) Restraint;

59644

(e) Development of written policies addressing the rights of	59645
clients, including all of the following:	59646

(i) The right to a copy of the written policies addressing	59647
client rights;	59648

(ii) The right at all times to be treated with consideration	59649
and respect for the client's privacy and dignity;	59650

(iii) The right to have access to the client's own	59651
psychiatric, medical, or other treatment records unless access is	59652
specifically restricted in the client's treatment plan for clear	59653
treatment reasons;	59654

(iv) The right to have a client rights officer provided by	59655
the agency or board of alcohol, drug addiction, and mental health	59656
services advise the client of the client's rights, including the	59657
client's rights under Chapter 5122. of the Revised Code if the	59658
client is committed to the agency or board.	59659

(2) Establish standards for qualifications of mental health	59660
professionals as defined in section 340.02 of the Revised Code and	59661
personnel who provide the community mental health services;	59662

(3) Establish the process for certification of community	59663
mental health services;	59664

(4) Set the amount of certification review fees based on a	59665
portion of the cost of performing the review;	59666

(5) Specify the type of notice and hearing to be provided	59667
prior to a decision on whether to reallocate funds.	59668

(D) The rules adopted under division (C)(1) of this section	59669
to establish certification standards for assertive community	59670
treatment and intensive home-based mental health services shall be	59671
adopted not later than July 1, 2004.	59672

Sec. 5120.52.  The department of rehabilitation and	59673
correction may enter into a contract with a political subdivision	59674
inunder which a state correctional institution is located under	59675
which the institution will provide sewage treatment services for	59676
the political subdivision if the institutionthat has a water or	59677
sewage treatment facility with sufficient excess capacity to	59678
provide thewater or sewage treatment services will provide the	59679
services for the other contracting party. The	59680

Any such contract shall include all of the following that	59681
apply:	59682

(A) Limitations on the quantity of sewage that the facility	59683
will accept thatwhich are compatible with the needs of the state	59684
correctional institution;	59685

(B) Limitations on the quantity of potable water that the	59686
facility will provide which are compatible with the needs of the	59687
state correctional institution;	59688

(C) The bases for calculating reasonable rates to be charged	59689
the political subdivisioncontracting party for potable water or	59690
sewage treatment services and for adjusting the rates;	59691

(C)(D) All other provisions the department considers	59692
necessary or proper to protect the interests of the state in the	59693
facility and the purpose for which it was constructed.	59694

All amounts due the department under the contract shall be	59695
paid to the department by the political subdivisioncontracting	59696
party at the times specified in the contract. The department shall	59697
deposit all suchof those amounts in the state treasury to the	59698
credit of the correctional institution water and sewage treatment	59699
facility services fund, which is hereby created. The fund shall be	59700
used by the department to pay costs associated with operating and	59701
maintaining the water and sewage treatment facilityfacilities.	59702

Sec. 5123.01.  As used in this chapter:

59703

(A) "Chief medical officer" means the licensed physician	59704
appointed by the managing officer of an institution for the	59705
mentally retarded with the approval of the director of mental	59706
retardation and developmental disabilities to provide medical	59707
treatment for residents of the institution.	59708

(B) "Chief program director" means a person with special	59709
training and experience in the diagnosis and management of the	59710
mentally retarded, certified according to division (C) of this	59711
section in at least one of the designated fields, and appointed by	59712
the managing officer of an institution for the mentally retarded	59713
with the approval of the director to provide habilitation and care	59714
for residents of the institution.	59715

(C) "Comprehensive evaluation" means a study, including a	59716
sequence of observations and examinations, of a person leading to	59717
conclusions and recommendations formulated jointly, with	59718
dissenting opinions if any, by a group of persons with special	59719
training and experience in the diagnosis and management of persons	59720
with mental retardation or a developmental disability, which group	59721
shall include individuals who are professionally qualified in the	59722
fields of medicine, psychology, and social work, together with	59723
such other specialists as the individual case may require.	59724

(D) "Education" means the process of formal training and	59725
instruction to facilitate the intellectual and emotional	59726
development of residents.	59727

(E) "Habilitation" means the process by which the staff of	59728
the institution assists the resident in acquiring and maintaining	59729
those life skills that enable the resident to cope more	59730
effectively with the demands of the resident's own person and of	59731
the resident's environment and in raising the level of the	59732
resident's physical, mental, social, and vocational efficiency.	59733
Habilitation includes but is not limited to programs of formal,	59734
structured education and training.	59735

(F) "Habilitation center services" means services provided by	59736
a habilitation center certified by the department of mental	59737
retardation and developmental disabilities under section 5123.041	59738
of the Revised Code and covered by the medicaid program pursuant	59739
to rules adopted under section 5111.041 of the Revised Code.	59740

(G) "Health officer" means any public health physician,	59741
public health nurse, or other person authorized or designated by a	59742
city or general health district.	59743

(H) "Home and community-based services" means medicaid-funded	59744
home and community-based services provided under athe medicaid	59745
componentcomponents the department of mental retardation and	59746
developmental disabilities administers pursuant to section	59747
5111.871 of the Revised Code.	59748

(I) "Indigent person" means a person who is unable, without	59749
substantial financial hardship, to provide for the payment of an	59750
attorney and for other necessary expenses of legal representation,	59751
including expert testimony.	59752

(J) "Institution" means a public or private facility, or a	59753
part of a public or private facility, that is licensed by the	59754
appropriate state department and is equipped to provide	59755
residential habilitation, care, and treatment for the mentally	59756
retarded.	59757

(K) "Licensed physician" means a person who holds a valid	59758
certificate issued under Chapter 4731. of the Revised Code	59759
authorizing the person to practice medicine and surgery or	59760
osteopathic medicine and surgery, or a medical officer of the	59761
government of the United States while in the performance of the	59762
officer's official duties.	59763

(L) "Managing officer" means a person who is appointed by the	59764
director of mental retardation and developmental disabilities to	59765
be in executive control of an institution for the mentally	59766
retarded under the jurisdiction of the department.	59767

(M) "Medicaid" has the same meaning as in section 5111.01 of	59768
the Revised Code.	59769

(N) "Medicaid case management services" means case management	59770
services provided to an individual with mental retardation or	59771
other developmental disability that the state medicaid plan	59772
requires.	59773

(O) "Mentally retarded person" means a person having	59774
significantly subaverage general intellectual functioning existing	59775
concurrently with deficiencies in adaptive behavior, manifested	59776
during the developmental period.	59777

(P) "Mentally retarded person subject to institutionalization	59778
by court order" means a person eighteen years of age or older who	59779
is at least moderately mentally retarded and in relation to whom,	59780
because of the person's retardation, either of the following	59781
conditions exist:	59782

(1) The person represents a very substantial risk of physical	59783
impairment or injury to self as manifested by evidence that the	59784
person is unable to provide for and is not providing for the	59785
person's most basic physical needs and that provision for those	59786
needs is not available in the community;	59787

(2) The person needs and is susceptible to significant	59788
habilitation in an institution.	59789

(Q) "A person who is at least moderately mentally retarded"	59790
means a person who is found, following a comprehensive evaluation,	59791
to be impaired in adaptive behavior to a moderate degree and to be	59792
functioning at the moderate level of intellectual functioning in	59793
accordance with standard measurements as recorded in the most	59794
current revision of the manual of terminology and classification	59795
in mental retardation published by the American association on	59796
mental retardation.	59797

(R) As used in this division, "substantial functional	59798
limitation," "developmental delay," and "established risk" have	59799
the meanings established pursuant to section 5123.011 of the	59800
Revised Code.	59801

"Developmental disability" means a severe, chronic disability	59802
that is characterized by all of the following:	59803

(1) It is attributable to a mental or physical impairment or	59804
a combination of mental and physical impairments, other than a	59805
mental or physical impairment solely caused by mental illness as	59806
defined in division (A) of section 5122.01 of the Revised Code.	59807

(2) It is manifested before age twenty-two.

59808

(3) It is likely to continue indefinitely.

59809

(4) It results in one of the following:

59810

(a) In the case of a person under three years of age, at	59811
least one developmental delay or an established risk;	59812

(b) In the case of a person at least three years of age but	59813
under six years of age, at least two developmental delays or an	59814
established risk;	59815

(c) In the case of a person six years of age or older, a	59816
substantial functional limitation in at least three of the	59817
following areas of major life activity, as appropriate for the	59818
person's age: self-care, receptive and expressive language,	59819
learning, mobility, self-direction, capacity for independent	59820
living, and, if the person is at least sixteen years of age,	59821
capacity for economic self-sufficiency.	59822

(5) It causes the person to need a combination and sequence	59823
of special, interdisciplinary, or other type of care, treatment,	59824
or provision of services for an extended period of time that is	59825
individually planned and coordinated for the person.	59826

(S) "Developmentally disabled person" means a person with a	59827
developmental disability.	59828

(T) "State institution" means an institution that is	59829
tax-supported and under the jurisdiction of the department.	59830

(U) "Residence" and "legal residence" have the same meaning	59831
as "legal settlement," which is acquired by residing in Ohio for a	59832
period of one year without receiving general assistance prior to	59833
July 17, 1995, under former Chapter 5113. of the Revised Code,	59834
disabilityfinancial assistance under Chapter 5115. of the Revised	59835
Code, or assistance from a private agency that maintains records	59836
of assistance given. A person having a legal settlement in the	59837
state shall be considered as having legal settlement in the	59838
assistance area in which the person resides. No adult person	59839
coming into this state and having a spouse or minor children	59840
residing in another state shall obtain a legal settlement in this	59841
state as long as the spouse or minor children are receiving public	59842
assistance, care, or support at the expense of the other state or	59843
its subdivisions. For the purpose of determining the legal	59844
settlement of a person who is living in a public or private	59845
institution or in a home subject to licensing by the department of	59846
job and family services, the department of mental health, or the	59847
department of mental retardation and developmental disabilities,	59848
the residence of the person shall be considered as though the	59849
person were residing in the county in which the person was living	59850
prior to the person's entrance into the institution or home.	59851
Settlement once acquired shall continue until a person has been	59852
continuously absent from Ohio for a period of one year or has	59853
acquired a legal residence in another state. A woman who marries a	59854
man with legal settlement in any county immediately acquires the	59855
settlement of her husband. The legal settlement of a minor is that	59856
of the parents, surviving parent, sole parent, parent who is	59857
designated the residential parent and legal custodian by a court,	59858
other adult having permanent custody awarded by a court, or	59859
guardian of the person of the minor, provided that:	59860

(1) A minor female who marries shall be considered to have	59861
the legal settlement of her husband and, in the case of death of	59862
her husband or divorce, she shall not thereby lose her legal	59863
settlement obtained by the marriage.	59864

(2) A minor male who marries, establishes a home, and who has	59865
resided in this state for one year without receiving general	59866
assistance prior to July 17, 1995, under former Chapter 5113. of	59867
the Revised Code, disabilityfinancial assistance under Chapter	59868
5115. of the Revised Code, or assistance from a private agency	59869
that maintains records of assistance given shall be considered to	59870
have obtained a legal settlement in this state.	59871

(3) The legal settlement of a child under eighteen years of	59872
age who is in the care or custody of a public or private child	59873
caring agency shall not change if the legal settlement of the	59874
parent changes until after the child has been in the home of the	59875
parent for a period of one year.	59876

No person, adult or minor, may establish a legal settlement	59877
in this state for the purpose of gaining admission to any state	59878
institution.	59879

(V)(1) "Resident" means, subject to division (R)(2) of this	59880
section, a person who is admitted either voluntarily or	59881
involuntarily to an institution or other facility pursuant to	59882
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	59883
Code subsequent to a finding of not guilty by reason of insanity	59884
or incompetence to stand trial or under this chapter who is under	59885
observation or receiving habilitation and care in an institution.	59886

(2) "Resident" does not include a person admitted to an	59887
institution or other facility under section 2945.39, 2945.40,	59888
2945.401, or 2945.402 of the Revised Code to the extent that the	59889
reference in this chapter to resident, or the context in which the	59890
reference occurs, is in conflict with any provision of sections	59891
2945.37 to 2945.402 of the Revised Code.	59892

(W) "Respondent" means the person whose detention,	59893
commitment, or continued commitment is being sought in any	59894
proceeding under this chapter.	59895

(X) "Working day" and "court day" mean Monday, Tuesday,	59896
Wednesday, Thursday, and Friday, except when such day is a legal	59897
holiday.	59898

(Y) "Prosecutor" means the prosecuting attorney, village	59899
solicitor, city director of law, or similar chief legal officer	59900
who prosecuted a criminal case in which a person was found not	59901
guilty by reason of insanity, who would have had the authority to	59902
prosecute a criminal case against a person if the person had not	59903
been found incompetent to stand trial, or who prosecuted a case in	59904
which a person was found guilty.	59905

(Z) "Court" means the probate division of the court of common	59906
pleas.	59907

Sec. 5123.051.  (A) If the department of mental retardation	59908
and developmental disabilities determines pursuant to an audit	59909
conducted under section 5123.05 of the Revised Code or a	59910
reconciliation conducted under section 5123.18 or 5111.252	59911
5123.199 of the Revised Code that money is owed the state by a	59912
provider of a service or program, the department may enter into a	59913
payment agreement with the provider. The agreement shall include	59914
the following:	59915

(1) A schedule of installment payments whereby the money owed	59916
the state is to be paid in full within a period not to exceed one	59917
year;	59918

(2) A provision that the provider may pay the entire balance	59919
owed at any time during the term of the agreement;	59920

(3) A provision that if any installment is not paid in full	59921
within forty-five days after it is due, the entire balance owed is	59922
immediately due and payable;	59923

(4) Any other terms and conditions that are agreed to by the	59924
department and the provider.	59925

(B) The department may include a provision in a payment	59926
agreement that requires the provider to pay interest on the money	59927
owed the state. The department, in its discretion, shall determine	59928
whether to require the payment of interest and, if it so requires,	59929
the rate of interest. Neither the obligation to pay interest nor	59930
the rate of interest is subject to negotiation between the	59931
department and the provider.	59932

(C) If the provider fails to pay any installment in full	59933
within forty-five days after its due date, the department shall	59934
certify the entire balance owed to the attorney general for	59935
collection under section 131.02 of the Revised Code. The	59936
department may withhold funds from payments made to a provider	59937
under section 5123.18 or 5111.2525123.199 of the Revised Code to	59938
satisfy a judgment secured by the attorney general.	59939

(D) The purchase of service fund is hereby created. Money	59940
credited to the fund shall be used solely for purposes of section	59941
5123.05 of the Revised Code.	59942

Sec. 5123.19.  (A) As used in this section and in sections	59943
5123.191, 5123.194, 5123.196, 5123.198, 5123.1910, and 5123.20 of	59944
the Revised Code:	59945

(1)(a) "Residential facility" means a home or facility in	59946
which a mentally retarded or developmentally disabled person	59947
resides, except the home of a relative or legal guardian in which	59948
a mentally retarded or developmentally disabled person resides, a	59949
respite care home certified under section 5126.05 of the Revised	59950
Code, a county home or district home operated pursuant to Chapter	59951
5155. of the Revised Code, or a dwelling in which the only	59952
mentally retarded or developmentally disabled residents are in an	59953
independent living arrangement or are being provided supported	59954
living.	59955

(b) "Intermediate care facility for the mentally retarded"	59956
means a residential facility that is considered an intermediate	59957
care facility for the mentally retarded for the purposes of	59958
Chapter 5111. of the Revised Code.	59959

(2) "Political subdivision" means a municipal corporation,	59960
county, or township.	59961

(3) "Independent living arrangement" means an arrangement in	59962
which a mentally retarded or developmentally disabled person	59963
resides in an individualized setting chosen by the person or the	59964
person's guardian, which is not dedicated principally to the	59965
provision of residential services for mentally retarded or	59966
developmentally disabled persons, and for which no financial	59967
support is received for rendering such service from any	59968
governmental agency by a provider of residential services.	59969

(4) "Supported living" has the same meaning as in section	59970
5126.01 of the Revised Code.	59971

(5) "Licensee" means the person or government agency that has	59972
applied for a license to operate a residential facility and to	59973
which the license was issued under this section.	59974

(B) Every person or government agency desiring to operate a	59975
residential facility shall apply for licensure of the facility to	59976
the director of mental retardation and developmental disabilities	59977
unless the residential facility is subject to section 3721.02,	59978
3722.04, 5103.03, or 5119.20 of the Revised Code. Notwithstanding	59979
Chapter 3721. of the Revised Code, a nursing home that is	59980
certified as an intermediate care facility for the mentally	59981
retarded under Title XIX of the "Social Security Act," 79 Stat.	59982
286 (1965), 42 U.S.C.A. 1396, as amended, shall apply for	59983
licensure of the portion of the home that is certified as an	59984
intermediate care facility for the mentally retarded.	59985

(C) TheSubject to section 5123.196 of the Revised Code, the	59986
director of mental retardation and developmental disabilities	59987
shall license the operation of residential facilities. An initial	59988
license shall be issued for a period that does not exceed one	59989
year, unless the director denies the license under division (D) of	59990
this section. A license shall be renewed for a period that does	59991
not exceed three years, unless the director refuses to renew the	59992
license under division (D) of this section. The director, when	59993
issuing or renewing a license, shall specify the period for which	59994
the license is being issued or renewed. A license remains valid	59995
for the length of the licensing period specified by the director,	59996
unless the license is terminated, revoked, or voluntarily	59997
surrendered.	59998

(D) If it is determined that an applicant or licensee is not	59999
in compliance with a provision of this chapter that applies to	60000
residential facilities or the rules adopted under such a	60001
provision, the director may deny issuance of a license, refuse to	60002
renew a license, terminate a license, revoke a license, issue an	60003
order for the suspension of admissions to a facility, issue an	60004
order for the placement of a monitor at a facility, issue an order	60005
for the immediate removal of residents, or take any other action	60006
the director considers necessary consistent with the director's	60007
authority under this chapter regarding residential facilities. In	60008
the director's selection and administration of the sanction to be	60009
imposed, all of the following apply:	60010

(1) The director may deny, refuse to renew, or revoke a	60011
license, if the director determines that the applicant or licensee	60012
has demonstrated a pattern of serious noncompliance or that a	60013
violation creates a substantial risk to the health and safety of	60014
residents of a residential facility.	60015

(2) The director may terminate a license if more than twelve	60016
consecutive months have elapsed since the residential facility was	60017
last occupied by a resident or a notice required by division (J)	60018
of this section is not given.	60019

(3) The director may issue an order for the suspension of	60020
admissions to a facility for any violation that may result in	60021
sanctions under division (D)(1) of this section and for any other	60022
violation specified in rules adopted under division (G)(2) of this	60023
section. If the suspension of admissions is imposed for a	60024
violation that may result in sanctions under division (D)(1) of	60025
this section, the director may impose the suspension before	60026
providing an opportunity for an adjudication under Chapter 119. of	60027
the Revised Code. The director shall lift an order for the	60028
suspension of admissions when the director determines that the	60029
violation that formed the basis for the order has been corrected.	60030

(4) The director may order the placement of a monitor at a	60031
residential facility for any violation specified in rules adopted	60032
under division (G)(2) of this section. The director shall lift the	60033
order when the director determines that the violation that formed	60034
the basis for the order has been corrected.	60035

(5) If the director determines that two or more residential	60036
facilities owned or operated by the same person or government	60037
entity are not being operated in compliance with a provision of	60038
this chapter that applies to residential facilities or the rules	60039
adopted under such a provision, and the director's findings are	60040
based on the same or a substantially similar action, practice,	60041
circumstance, or incident that creates a substantial risk to the	60042
health and safety of the residents, the director shall conduct a	60043
survey as soon as practicable at each residential facility owned	60044
or operated by that person or government entity. The director may	60045
take any action authorized by this section with respect to any	60046
facility found to be operating in violation of a provision of this	60047
chapter that applies to residential facilities or the rules	60048
adopted under such a provision.	60049

(6) When the director initiates license revocation	60050
proceedings, no opportunity for submitting a plan of correction	60051
shall be given. The director shall notify the licensee by letter	60052
of the initiation of such proceedings. The letter shall list the	60053
deficiencies of the residential facility and inform the licensee	60054
that no plan of correction will be accepted. The director shall	60055
also notify each affected resident, the resident's guardian if the	60056
resident is an adult for whom a guardian has been appointed, the	60057
resident's parent or guardian if the resident is a minor, and the	60058
county board of mental retardation and developmental disabilities.	60059

(7) Pursuant to rules which shall be adopted in accordance	60060
with Chapter 119. of the Revised Code, the director may order the	60061
immediate removal of residents from a residential facility	60062
whenever conditions at the facility present an immediate danger of	60063
physical or psychological harm to the residents.	60064

(8) In determining whether a residential facility is being	60065
operated in compliance with a provision of this chapter that	60066
applies to residential facilities or the rules adopted under such	60067
a provision, or whether conditions at a residential facility	60068
present an immediate danger of physical or psychological harm to	60069
the residents, the director may rely on information obtained by a	60070
county board of mental retardation and developmental disabilities	60071
or other governmental agencies.	60072

(9) In proceedings initiated to deny, refuse to renew, or	60073
revoke licenses, the director may deny, refuse to renew, or revoke	60074
a license regardless of whether some or all of the deficiencies	60075
that prompted the proceedings have been corrected at the time of	60076
the hearing.	60077

(E) The director shall establish a program under which public	60078
notification may be made when the director has initiated license	60079
revocation proceedings or has issued an order for the suspension	60080
of admissions, placement of a monitor, or removal of residents.	60081
The director shall adopt rules in accordance with Chapter 119. of	60082
the Revised Code to implement this division. The rules shall	60083
establish the procedures by which the public notification will be	60084
made and specify the circumstances for which the notification must	60085
be made. The rules shall require that public notification be made	60086
if the director has taken action against the facility in the	60087
eighteen-month period immediately preceding the director's latest	60088
action against the facility and the latest action is being taken	60089
for the same or a substantially similar violation of a provision	60090
of this chapter that applies to residential facilities or the	60091
rules adopted under such a provision. The rules shall specify a	60092
method for removing or amending the public notification if the	60093
director's action is found to have been unjustified or the	60094
violation at the residential facility has been corrected.	60095

(F)(1) Except as provided in division (F)(2) of this section,	60096
appeals from proceedings initiated to impose a sanction under	60097
division (D) of this section shall be conducted in accordance with	60098
Chapter 119. of the Revised Code.	60099

(2) Appeals from proceedings initiated to order the	60100
suspension of admissions to a facility shall be conducted in	60101
accordance with Chapter 119. of the Revised Code, unless the order	60102
was issued before providing an opportunity for an adjudication, in	60103
which case all of the following apply:	60104

(a) The licensee may request a hearing not later than ten	60105
days after receiving the notice specified in section 119.07 of the	60106
Revised Code.	60107

(b) If a timely request for a hearing is made, the hearing	60108
shall commence not later than thirty days after the department	60109
receives the request.	60110

(c) After commencing, the hearing shall continue	60111
uninterrupted, except for Saturdays, Sundays, and legal holidays,	60112
unless other interruptions are agreed to by the licensee and the	60113
director.	60114

(d) If the hearing is conducted by a hearing examiner, the	60115
hearing examiner shall file a report and recommendations not later	60116
than ten days after the close of the hearing.	60117

(e) Not later than five days after the hearing examiner files	60118
the report and recommendations, the licensee may file objections	60119
to the report and recommendations.	60120

(f) Not later than fifteen days after the hearing examiner	60121
files the report and recommendations, the director shall issue an	60122
order approving, modifying, or disapproving the report and	60123
recommendations.	60124

(g) Notwithstanding the pendency of the hearing, the director	60125
shall lift the order for the suspension of admissions when the	60126
director determines that the violation that formed the basis for	60127
the order has been corrected.	60128

(G) In accordance with Chapter 119. of the Revised Code, the	60129
director shall adopt and may amend and rescind rules for licensing	60130
and regulating the operation of residential facilities, including	60131
intermediate care facilities for the mentally retarded. The rules	60132
for intermediate care facilities for the mentally retarded may	60133
differ from those for other residential facilities. The rules	60134
shall establish and specify the following:	60135

(1) Procedures and criteria for issuing and renewing	60136
licenses, including procedures and criteria for determining the	60137
length of the licensing period that the director must specify for	60138
each license when it is issued or renewed;	60139

(2) Procedures and criteria for denying, refusing to renew,	60140
terminating, and revoking licenses and for ordering the suspension	60141
of admissions to a facility, placement of a monitor at a facility,	60142
and the immediate removal of residents from a facility;	60143

(3) Fees for issuing and renewing licenses;

60144

(4) Procedures for surveying residential facilities;

60145

(5) Requirements for the training of residential facility	60146
personnel;	60147

(6) Classifications for the various types of residential	60148
facilities;	60149

(7) Certification procedures for licensees and management	60150
contractors that the director determines are necessary to ensure	60151
that they have the skills and qualifications to properly operate	60152
or manage residential facilities;	60153

(8) The maximum number of persons who may be served in a	60154
particular type of residential facility;	60155

(9) Uniform procedures for admission of persons to and	60156
transfers and discharges of persons from residential facilities;	60157

(10) Other standards for the operation of residential	60158
facilities and the services provided at residential facilities;	60159

(11) Procedures for waiving any provision of any rule adopted	60160
under this section.	60161

(H) Before issuing a license, the director of the department	60162
or the director's designee shall conduct a survey of the	60163
residential facility for which application is made. The director	60164
or the director's designee shall conduct a survey of each licensed	60165
residential facility at least once during the period the license	60166
is valid and may conduct additional inspections as needed. A	60167
survey includes but is not limited to an on-site examination and	60168
evaluation of the residential facility, its personnel, and the	60169
services provided there.	60170

In conducting surveys, the director or the director's	60171
designee shall be given access to the residential facility; all	60172
records, accounts, and any other documents related to the	60173
operation of the facility; the licensee; the residents of the	60174
facility; and all persons acting on behalf of, under the control	60175
of, or in connection with the licensee. The licensee and all	60176
persons on behalf of, under the control of, or in connection with	60177
the licensee shall cooperate with the director or the director's	60178
designee in conducting the survey.	60179

Following each survey, unless the director initiates a	60180
license revocation proceeding, the director or the director's	60181
designee shall provide the licensee with a report listing any	60182
deficiencies, specifying a timetable within which the licensee	60183
shall submit a plan of correction describing how the deficiencies	60184
will be corrected, and, when appropriate, specifying a timetable	60185
within which the licensee must correct the deficiencies. After a	60186
plan of correction is submitted, the director or the director's	60187
designee shall approve or disapprove the plan. A copy of the	60188
report and any approved plan of correction shall be provided to	60189
any person who requests it.	60190

The director shall initiate disciplinary action against any	60191
department employee who notifies or causes the notification to any	60192
unauthorized person of an unannounced survey of a residential	60193
facility by an authorized representative of the department.	60194

(I) In addition to any other information which may be	60195
required of applicants for a license pursuant to this section and	60196
except as provided in section 5123.1910 of the Revised Code, the	60197
director shall require each applicant to provide a copy of an	60198
approved plan for a proposed residential facility pursuant to	60199
section 5123.042 of the Revised Code. This division does not apply	60200
to renewal of a license.	60201

(J) A licensee shall notify the owner of the building in	60202
which the licensee's residential facility is located of any	60203
significant change in the identity of the licensee or management	60204
contractor before the effective date of the change if the licensee	60205
is not the owner of the building.	60206

Pursuant to rules which shall be adopted in accordance with	60207
Chapter 119. of the Revised Code, the director may require	60208
notification to the department of any significant change in the	60209
ownership of a residential facility or in the identity of the	60210
licensee or management contractor. If the director determines that	60211
a significant change of ownership is proposed, the director shall	60212
consider the proposed change to be an application for development	60213
by a new operator pursuant to section 5123.042 of the Revised Code	60214
and shall advise the applicant within sixty days of such	60215
notification that the current license shall continue in effect or	60216
a new license will be required pursuant to this section. If the	60217
director requires a new license, the director shall permit the	60218
facility to continue to operate under the current license until	60219
the new license is issued, unless the current license is revoked,	60220
refused to be renewed, or terminated in accordance with Chapter	60221
119. of the Revised Code.	60222

(K) A county board of mental retardation and developmental	60223
disabilities, the legal rights service, and any interested person	60224
may file complaints alleging violations of statute or department	60225
rule relating to residential facilities with the department. All	60226
complaints shall be in writing and shall state the facts	60227
constituting the basis of the allegation. The department shall not	60228
reveal the source of any complaint unless the complainant agrees	60229
in writing to waive the right to confidentiality or until so	60230
ordered by a court of competent jurisdiction.	60231

The department shall adopt rules in accordance with Chapter	60232
119. of the Revised Code establishing procedures for the receipt,	60233
referral, investigation, and disposition of complaints filed with	60234
the department under this division.	60235

(L) The department shall establish procedures for the	60236
notification of interested parties of the transfer or interim care	60237
of residents from residential facilities that are closing or are	60238
losing their license.	60239

(M) Before issuing a license under this section to a	60240
residential facility that will accommodate at any time more than	60241
one mentally retarded or developmentally disabled individual, the	60242
director shall, by first class mail, notify the following:	60243

(1) If the facility will be located in a municipal	60244
corporation, the clerk of the legislative authority of the	60245
municipal corporation;	60246

(2) If the facility will be located in unincorporated	60247
territory, the clerk of the appropriate board of county	60248
commissioners and the clerk of the appropriate board of township	60249
trustees.	60250

The director shall not issue the license for ten days after	60251
mailing the notice, excluding Saturdays, Sundays, and legal	60252
holidays, in order to give the notified local officials time in	60253
which to comment on the proposed issuance.	60254

Any legislative authority of a municipal corporation, board	60255
of county commissioners, or board of township trustees that	60256
receives notice under this division of the proposed issuance of a	60257
license for a residential facility may comment on it in writing to	60258
the director within ten days after the director mailed the notice,	60259
excluding Saturdays, Sundays, and legal holidays. If the director	60260
receives written comments from any notified officials within the	60261
specified time, the director shall make written findings	60262
concerning the comments and the director's decision on the	60263
issuance of the license. If the director does not receive written	60264
comments from any notified local officials within the specified	60265
time, the director shall continue the process for issuance of the	60266
license.	60267

(N) Any person may operate a licensed residential facility	60268
that provides room and board, personal care, habilitation	60269
services, and supervision in a family setting for at least six but	60270
not more than eight persons with mental retardation or a	60271
developmental disability as a permitted use in any residential	60272
district or zone, including any single-family residential district	60273
or zone, of any political subdivision. These residential	60274
facilities may be required to comply with area, height, yard, and	60275
architectural compatibility requirements that are uniformly	60276
imposed upon all single-family residences within the district or	60277
zone.	60278

(O) Any person may operate a licensed residential facility	60279
that provides room and board, personal care, habilitation	60280
services, and supervision in a family setting for at least nine	60281
but not more than sixteen persons with mental retardation or a	60282
developmental disability as a permitted use in any multiple-family	60283
residential district or zone of any political subdivision, except	60284
that a political subdivision that has enacted a zoning ordinance	60285
or resolution establishing planned unit development districts may	60286
exclude these residential facilities from such districts, and a	60287
political subdivision that has enacted a zoning ordinance or	60288
resolution may regulate these residential facilities in	60289
multiple-family residential districts or zones as a conditionally	60290
permitted use or special exception, in either case, under	60291
reasonable and specific standards and conditions set out in the	60292
zoning ordinance or resolution to:	60293

(1) Require the architectural design and site layout of the	60294
residential facility and the location, nature, and height of any	60295
walls, screens, and fences to be compatible with adjoining land	60296
uses and the residential character of the neighborhood;	60297

(2) Require compliance with yard, parking, and sign	60298
regulation;	60299

(3) Limit excessive concentration of these residential	60300
facilities.	60301

(P) This section does not prohibit a political subdivision	60302
from applying to residential facilities nondiscriminatory	60303
regulations requiring compliance with health, fire, and safety	60304
regulations and building standards and regulations.	60305

(Q) Divisions (N) and (O) of this section are not applicable	60306
to municipal corporations that had in effect on June 15, 1977, an	60307
ordinance specifically permitting in residential zones licensed	60308
residential facilities by means of permitted uses, conditional	60309
uses, or special exception, so long as such ordinance remains in	60310
effect without any substantive modification.	60311

(R)(1) The director may issue an interim license to operate a	60312
residential facility to an applicant for a license under this	60313
section if either of the following is the case:	60314

(a) The director determines that an emergency exists	60315
requiring immediate placement of persons in a residential	60316
facility, that insufficient licensed beds are available, and that	60317
the residential facility is likely to receive a permanent license	60318
under this section within thirty days after issuance of the	60319
interim license.	60320

(b) The director determines that the issuance of an interim	60321
license is necessary to meet a temporary need for a residential	60322
facility.	60323

(2) To be eligible to receive an interim license, an	60324
applicant must meet the same criteria that must be met to receive	60325
a permanent license under this section, except for any differing	60326
procedures and time frames that may apply to issuance of a	60327
permanent license.	60328

(3) An interim license shall be valid for thirty days and may	60329
be renewed by the director for a period not to exceed one hundred	60330
fifty days.	60331

(4) The director shall adopt rules in accordance with Chapter	60332
119. of the Revised Code as the director considers necessary to	60333
administer the issuance of interim licenses.	60334

(S) Notwithstanding rules adopted pursuant to this section	60335
establishing the maximum number of persons who may be served in a	60336
particular type of residential facility, a residential facility	60337
shall be permitted to serve the same number of persons being	60338
served by the facility on the effective date of such rules or the	60339
number of persons for which the facility is authorized pursuant to	60340
a current application for a certificate of need with a letter of	60341
support from the department of mental retardation and	60342
developmental disabilities and which is in the review process	60343
prior to April 4, 1986.	60344

(T) The director or the director's designee may enter at any	60345
time, for purposes of investigation, any home, facility, or other	60346
structure that has been reported to the director or that the	60347
director has reasonable cause to believe is being operated as a	60348
residential facility without a license issued under this section.	60349

The director may petition the court of common pleas of the	60350
county in which an unlicensed residential facility is located for	60351
an order enjoining the person or governmental agency operating the	60352
facility from continuing to operate without a license. The court	60353
may grant the injunction on a showing that the person or	60354
governmental agency named in the petition is operating a	60355
residential facility without a license. The court may grant the	60356
injunction, regardless of whether the residential facility meets	60357
the requirements for receiving a license under this section.	60358

(U) Except as provided in section 5123.198 of the Revised	60359
Code, whenever a resident of a residential facility is committed	60360
to a state-operated intermediate care facility for the mentally	60361
retarded pursuant to sections 5123.71 to 5123.76 of the Revised	60362
Code, the department shall reduce by one the maximum number of	60363
residents for which the facility is licensed.	60364

Sec. 5123.196. (A) Except as provided in divisions (E) and	60365
(F) of this section, the director of mental retardation and	60366
developmental disabilities shall not issue a license under section	60367
5123.19 of the Revised Code on or after July 1, 2003, if issuance	60368
will result in there being more beds in all residential facilities	60369
licensed under that section than is permitted under division (B)	60370
of this section.	60371

(B) The maximum number of beds for the purpose of division	60372
(A) of this section shall not exceed ten thousand eight hundred	60373
thirty-eight minus, except as provided in division (C) of this	60374
section, both of the following:	60375

(1) The number of such beds taken out of service on or after	60376
July 1, 2003, because a residential facility license is revoked,	60377
terminated, or not renewed for any reason or is surrendered;	60378

(2) The number of such beds for which a licensee voluntarily	60379
converts to use for supported living on or after July 1, 2003.	60380

(C) The director is not required to reduce the maximum number	60381
of beds pursuant to division (B) of this section by a bed taken	60382
out of service if the director determines that the bed is needed	60383
to provide services to an individual with mental retardation or a	60384
developmental disability who resided in the residential facility	60385
in which the bed was located.	60386

(D) The director shall maintain an up-to-date written record	60387
of the maximum number of residential facility beds provided for by	60388
division (B) of this section.	60389

(E) If required by section 5123.1910 of the Revised Code to	60390
issue a license under section 5123.19 of the Revised Code, the	60391
director shall issue the license regardless of whether issuance	60392
will result in there being more beds in all residential facilities	60393
licensed under that section than is permitted under division (B)	60394
of this section.	60395

(F) The director may issue an interim license under division	60396
(R) of section 5123.19 of the Revised Code and issue, pursuant to	60397
rules adopted under division (G)(11) of that section, a waiver	60398
allowing a residential facility to admit more residents than the	60399
facility is licensed to admit regardless of whether the interim	60400
license or waiver will result in there being more beds in all	60401
residential facilities licensed under that section than is	60402
permitted under division (B) of this section.	60403

Sec. 5123.198. (A) Except as provided in division (B) of this	60404
section, whenever a resident of a residential facility is	60405
committed to a state-operated intermediate care facility for the	60406
mentally retarded pursuant to sections 5123.71 to 5123.76 of the	60407
Revised Code, the department of mental retardation and	60408
developmental disabilities, pursuant to an adjudication order	60409
issued in accordance with Chapter 119. of the Revised code, shall	60410
reduce by one the number of residents for which the facility in	60411
which the resident resided is licensed.	60412

(B) The department shall not reduce under division (A) of	60413
this section the number of residents for which a residential	60414
facility is licensed if any of the following are the case:	60415

(1) The residential facility admits an individual who resides	60416
in a state-operated intermediate care facility for the mentally	60417
retarded on the date of the commitment of the resident of the	60418
residential facility to the state-operated intermediate care	60419
facility for the mentally retarded;	60420

(2) There are no individuals residing in a state-operated	60421
intermediate care facility for the mentally retarded on the date	60422
of the commitment who have needs that the residential facility can	60423
meet;	60424

(3) The residential facility admits an individual who resides	60425
in another residential facility on the date of the commitment, has	60426
needs the residential facility can meet, and is designated for	60427
transfer to the residential facility by the department not later	60428
than ninety days after the date of the commitment;	60429

(4) There are no individuals residing in another residential	60430
facility on the date of the commitment who have needs that the	60431
residential facility can meet;	60432

(5) The department fails within the time specified in	60433
division (B)(3) of this section to designate for transfer to the	60434
residential facility an individual who has needs that the	60435
residential facility can meet and resides in another residential	60436
facility on the date of the commitment;	60437

(6) Every individual the department designates within the	60438
time specified in division (B)(3) of this section for transfer to	60439
the residential facility, or the parents or guardians of every	60440
such individual, refuses placement in the facility.	60441

(C) A residential facility that admits, discharges, or	60442
transfers a resident under this section shall comply with the	60443
uniform procedures for admissions, transfers, and discharges	60444
established by rules adopted under division (G)(9) of section	60445
5123.19 of the Revised Code.	60446

(D) The department of mental retardation and developmental	60447
disabilities may notify the department of job and family services	60448
of any reduction under this section in the number of residents for	60449
which a residential facility that is an intermediate care facility	60450
for the mentally retarded is licensed. On receiving the notice,	60451
the department of job and family services may transfer to the	60452
department of mental retardation and developmental disabilities	60453
the savings in the nonfederal share of medicaid expenditures for	60454
each fiscal year after the year of the commitment to be used for	60455
costs of the resident's care in the state-operated intermediate	60456
care facility for the mentally retarded. In determining the amount	60457
saved, the department of job and family services shall consider	60458
medicaid payments for the remaining residents of the facility in	60459
which the resident resided.	60460

Sec. 5111.252.        Sec. 5123.199.  (A) As used in this section:

60461

(1) "Contractor" means a person or government agency that has	60462
entered into a contract with the department of mental retardation	60463
and developmental disabilities under this section.	60464

(2) "Government agency" and "residential services" have the	60465
same meanings as in section 5123.18 of the Revised Code.	60466

(3) "Intermediate care facility for the mentally retarded"	60467
has the same meaning as in section 5111.20 of the Revised Code.	60468

(4) "Respite care services" has the same meaning as in	60469
section 5123.171 of the Revised Code.	60470

(B) The department of mental retardation and developmental	60471
disabilities may enter into a contract with a person or government	60472
agency to do any of the following:	60473

(1) Provide residential services in an intermediate care	60474
facility for the mentally retarded to an individual who meets the	60475
criteria for admission to such a facility but is not eligible for	60476
assistance under this chapterChapter 5111. of the Revised Code	60477
due to unliquidated assets subject to final probate action;	60478

(2) Provide respite care services in an intermediate care	60479
facility for the mentally retarded;	60480

(3) Provide residential services in a facility for which the	60481
person or government agency has applied for, but has not received,	60482
certification and payment as an intermediate care facility for the	60483
mentally retarded if the person or government agency is making a	60484
good faith effort to bring the facility into compliance with	60485
requirements for certification and payment as an intermediate care	60486
facility for the mentally retarded. In assigning payment amounts	60487
to such contracts, the department shall take into account costs	60488
incurred in attempting to meet certification requirements.	60489

(4) Reimburse an intermediate care facility for the mentally	60490
retarded for costs not otherwise reimbursed under this chapter	60491
Chapter 5111. of the Revised Code for clothing for individuals who	60492
are mentally retarded or developmentally disabled. Reimbursement	60493
under such contracts shall not exceed a maximum amount per	60494
individual per year specified in rules that the department shall	60495
adopt in accordance with Chapter 119. of the Revised Code.	60496

(C) The amount paid to a contractor under divisions (B)(1) to	60497
(3) of this section shall not exceed the reimbursement that would	60498
be made under this chapterChapter 5111. of the Revised Code by	60499
the department of job and family services for the same goods and	60500
services.	60501

(D) The department of mental retardation and developmental	60502
disabilities shall adopt rules as necessary to implement this	60503
section, including rules establishing standards and procedures for	60504
the submission of cost reports by contractors and the department's	60505
conduct of audits and reconciliations regarding the contracts. The	60506
rules shall be adopted in accordance with Chapter 119. of the	60507
Revised Code.	60508

Sec. 5123.1910. (A) The director of mental retardation and	60509
developmental disabilities shall issue one or more residential	60510
facility licenses under section 5123.19 of the Revised Code to an	60511
applicant without requiring the applicant to have plans submitted,	60512
reviewed, or approved under section 5123.042 of the Revised Code	60513
for the residential facility if all of the following requirements	60514
are met:	60515

(1) The applicant satisfies the requirements for the license	60516
established by section 5123.19 of the Revised Code and rules	60517
adopted under that section, other than any rule that requires an	60518
applicant for a residential facility license to have plans	60519
submitted, reviewed, or approved under section 5123.042 of the	60520
Revised Code for the residential facility.	60521

(2) The applicant operates at least one residential facility	60522
licensed under section 5123.19 of the Revised Code on the	60523
effective date of this section.	60524

(3) The applicant provides services to individuals with	60525
mental retardation or a developmental disability who have a	60526
chronic, medically complex, or technology-dependent condition that	60527
requires special supervision or care, the majority of whom	60528
received habilitation services from the applicant before attaining	60529
eighteen years of age.	60530

(4) The applicant has created directly or through a corporate	60531
affiliate a research center that has the mission of funding,	60532
promoting, and carrying on scientific research in the public	60533
interest related to individuals with mental retardation or a	60534
developmental disability for the purpose of improving the lives of	60535
such individuals.	60536

(5) If the applicant seeks two or more residential facility	60537
licenses, the residential facilities for which a license is sought	60538
after the effective date of this section are located on the same	60539
or adjoining property sites.	60540

(6) The residential facilities for which the applicant seeks	60541
licensure have not more than eight beds each and forty-eight beds	60542
total.	60543

(7) The applicant, one or more of the applicant's corporate	60544
affiliates, or both employ or contract for, on a full-time basis,	60545
at least one licensed physician who is certified by the American	60546
board of pediatrics or would be eligible for certification from	60547
that board if the physician passed an examination necessary to	60548
obtain certification from that board.	60549

(8) The applicant, one or more of the applicant's corporate	60550
affiliates, or both have educational facilities suitable for the	60551
instruction of individuals under eighteen years of age with mental	60552
retardation or a developmental disability who have a medically	60553
complex or technology-dependent condition.	60554

(9) The applicant has a policy for giving individuals with	60555
mental retardation or a developmental disability who meet all of	60556
the following conditions priority over all others in admissions to	60557
one of the residential facilities licensed under section 5123.19	60558
of the Revised Code that the applicant operates on the effective	60559
date of this section:	60560

(a) Are under eighteen years of age;

60561

(b) Have a chronic, medically complex, or	60562
technology-dependent condition that requires special supervision	60563
or care;	60564

(c) Are eligible for medicaid;

60565

(d) Reside in a nursing home, as defined in section 3721.01	60566
of the Revised Code, or a hospital, as defined in section 3727.01,	60567
prior to being admitted to the residential facility.	60568

(B) The director shall issue one or more residential facility	60569
licenses under section 5123.19 of the Revised Code to an applicant	60570
who meets all of the requirements of this section regardless of	60571
whether the requirements for approval of a plan for a proposed	60572
residential facility established by rules adopted under section	60573
5123.042 of the Revised Code are met.	60574

Sec. 5123.38. (A) Except as provided in division (B) and (C)	60575
of this section, if an individual receiving supported living or	60576
home and community-based services, as defined in section 5126.01	60577
of the Revised Code, funded by a county board of mental	60578
retardation and developmental disabilities is committed to a	60579
state-operated intermediate care facility for the mentally	60580
retarded pursuant to sections 5123.71 to 5123.76 of the Revised	60581
Code, the department of mental retardation and developmental	60582
disabilities shall use the funds otherwise allocated to the county	60583
board as the nonfederal share of medicaid expenditures for the	60584
individual's care in the state-operated facility.	60585

(B) Division (A) of this section does not apply if the county	60586
board, not later than ninety days after the date of the commitment	60587
of a person receiving supported services, commences funding of	60588
supported living for an individual who resides in a state-operated	60589
intermediate care facility for the mentally retarded on the date	60590
of the commitment or another eligible individual designated by the	60591
department.	60592

(C) Division (A) of this section does not apply if the county	60593
board, not later than ninety days after the date of the commitment	60594
of a person receiving home and community-based services, commences	60595
funding of home and community-based services for an individual who	60596
resides in a state-operated intermediate care facility for the	60597
mentally retarded on the date of the commitment or another	60598
eligible individual designated by the department.	60599

Sec. 5123.60.  (A) A legal rights service is hereby created	60600
and established to protect and advocate the rights of mentally ill	60601
persons, mentally retarded persons, developmentally disabled	60602
persons, and other disabled persons who may be represented by the	60603
service pursuant to division (L) of this section; to receive and	60604
act upon complaints concerning institutional and hospital	60605
practices and conditions of institutions for mentally retarded or	60606
developmentally disabled persons and hospitals for the mentally	60607
ill; and to assure that all persons detained, hospitalized,	60608
discharged, or institutionalized, and all persons whose detention,	60609
hospitalization, discharge, or institutionalization is sought or	60610
has been sought under this chapter or Chapter 5122. of the Revised	60611
Code are fully informed of their rights and adequately represented	60612
by counsel in proceedings under this chapter or Chapter 5122. of	60613
the Revised Code and in any proceedings to secure the rights of	60614
those persons. Notwithstanding the definitions of "mentally	60615
retarded person" and "developmentally disabled person" in section	60616
5123.01 of the Revised Code, the legal rights service shall	60617
determine who is a mentally retarded or developmentally disabled	60618
person for purposes of this section and sections 5123.601 to	60619
5123.604 of the Revised Code.	60620

(B) In regard to those persons detained, hospitalized, or	60621
institutionalized under Chapter 5122. of the Revised Code, the	60622
legal rights service shall undertake formal representation only of	60623
those persons who are involuntarily detained, hospitalized, or	60624
institutionalized pursuant to sections 5122.10 to 5122.15 of the	60625
Revised Code, and those voluntarily detained, hospitalized, or	60626
institutionalized who are minors, who have been adjudicated	60627
incompetent, who have been detained, hospitalized, or	60628
institutionalized in a public hospital, or who have requested	60629
representation by the legal rights service. If a person referred	60630
to in division (A) of this section voluntarily requests in writing	60631
that the legal rights service terminate participation in the	60632
person's case, such involvement shall cease.	60633

(C) Any person voluntarily hospitalized or institutionalized	60634
in a public hospital under division (A) of section 5122.02 of the	60635
Revised Code, after being fully informed of the person's rights	60636
under division (A) of this section, may, by written request, waive	60637
assistance by the legal rights service if the waiver is knowingly	60638
and intelligently made, without duress or coercion.	60639

The waiver may be rescinded at any time by the voluntary	60640
patient or resident, or by the voluntary patient's or resident's	60641
legal guardian.	60642

(D)(1) The legal rights service commission is hereby created	60643
for the purposes of appointing an administrator of the legal	60644
rights service, advising the administrator, assisting the	60645
administrator in developing a budget, advising the administrator	60646
in establishing and annually reviewing a strategic plan, creating	60647
a procedure for filing and determination of grievances against the	60648
legal rights service, and establishing general policy guidelines,	60649
including guidelines for the commencement of litigation, for the	60650
legal rights service. The commission may adopt rules to carry	60651
these purposes into effect and may receive and act upon appeals of	60652
personnel decisions by the administrator.	60653

(2) The commission shall consist of seven members. One	60654
member, who shall serve as chairperson, shall be appointed by the	60655
chief justice of the supreme court, three members shall be	60656
appointed by the speaker of the house of representatives, and	60657
three members shall be appointed by the president of the senate.	60658
At least two members shall have experience in the field of	60659
developmental disabilities, and at least two members shall have	60660
experience in the field of mental health. No member shall be a	60661
provider or related to a provider of services to mentally	60662
retarded, developmentally disabled, or mentally ill persons.	60663

(3) Terms of office of the members of the commission shall be	60664
for three years, each term ending on the same day of the month of	60665
the year as did the term which it succeeds. Each member shall	60666
serve subsequent to the expiration of the member's term until a	60667
successor is appointed and qualifies, or until sixty days has	60668
elapsed, whichever occurs first. No member shall serve more than	60669
two consecutive terms.	60670

All vacancies in the membership of the commission shall be	60671
filled in the manner prescribed for regular appointments to the	60672
commission and shall be limited to the unexpired terms.	60673

(4) The commission shall meet at least four times each year.	60674
Members shall be reimbursed for their necessary and actual	60675
expenses incurred in the performance of their official duties.	60676

(5) The administrator of the legal rights service shall be	60677
appointed for a five-year term, subject to removal for mental or	60678
physical incapacity to perform the duties of the office,	60679
conviction of violation of any law relating to the administrator's	60680
powers and duties, or other good cause shownserve at the pleasure	60681
of the commission.	60682

The administrator shall be a person who has had special	60683
training and experience in the type of work with which the legal	60684
rights service is charged. If the administrator is not an	60685
attorney, the administrator shall seek legal counsel when	60686
appropriate. The salary of the administrator shall be established	60687
in accordance with section 124.14 of the Revised Code.	60688

(E) The legal rights service shall be completely independent	60689
of the department of mental health and the department of mental	60690
retardation and developmental disabilities and, notwithstanding	60691
section 109.02 of the Revised Code, shall also be independent of	60692
the office of the attorney general. The administrator of the legal	60693
rights service, staff, and attorneys designated by the	60694
administrator to represent persons detained, hospitalized, or	60695
institutionalized under this chapter or Chapter 5122. of the	60696
Revised Code shall have ready access to the following:	60697

(1) During normal business hours and at other reasonable	60698
times, all records relating to expenditures of state and federal	60699
funds or to the commitment, care, treatment, and habilitation of	60700
all persons represented by the legal rights service, including	60701
those who may be represented pursuant to division (L) of this	60702
section, or persons detained, hospitalized, institutionalized, or	60703
receiving services under this chapter or Chapter 340., 5119.,	60704
5122., or 5126. of the Revised Code that are records maintained by	60705
the following entities providing services for those persons:	60706
departments; institutions; hospitals; community residential	60707
facilities; boards of alcohol, drug addiction, and mental health	60708
services; county boards of mental retardation and developmental	60709
disabilities; contract agencies of those boards; and any other	60710
entity providing services to persons who may be represented by the	60711
service pursuant to division (L) of this section;	60712

(2) Any records maintained in computerized data banks of the	60713
departments or boards or, in the case of persons who may be	60714
represented by the service pursuant to division (L) of this	60715
section, any other entity that provides services to those persons;	60716

(3) During their normal working hours, personnel of the	60717
departments, facilities, boards, agencies, institutions,	60718
hospitals, and other service-providing entities;	60719

(4) At any time, all persons detained, hospitalized, or	60720
institutionalized; persons receiving services under this chapter	60721
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and	60722
persons who may be represented by the service pursuant to division	60723
(L) of this section.	60724

(F) The administrator of the legal rights service shall do	60725
the following:	60726

(1) Administer and organize the work of the legal rights	60727
service and establish administrative or geographic divisions as	60728
the administrator considers necessary, proper, and expedient;	60729

(2) Adopt and promulgate rules that are not in conflict with	60730
rules adopted by the commission and prescribe duties for the	60731
efficient conduct of the business and general administration of	60732
the legal rights service;	60733

(3) Appoint and discharge employees, and hire experts,	60734
consultants, advisors, or other professionally qualified persons	60735
as the administrator considers necessary to carry out the duties	60736
of the legal rights service;	60737

(4) Apply for and accept grants of funds, and accept	60738
charitable gifts and bequests;	60739

(5) Prepare and submit a budget to the general assembly for	60740
the operation of the legal rights service;. At least thirty days	60741
prior to submitting the budget to the general assembly, the	60742
administrator shall provide a copy of the budget to the commission	60743
for review and comment. When submitting the budget to the general	60744
assembly, the administrator shall include a copy of any written	60745
comments returned by the commission to the administrator.	60746

(6) Enter into contracts and make expenditures necessary for	60747
the efficient operation of the legal rights service;	60748

(7) Annually prepare a report of activities and submit copies	60749
of the report to the governor, the chief justice of the supreme	60750
court, the president of the senate, the speaker of the house of	60751
representatives, the director of mental health, and the director	60752
of mental retardation and developmental disabilities, and make the	60753
report available to the public;	60754

(8) Upon request of the commission or of the chairperson of	60755
the commission, report to the commission on specific litigation	60756
issues or activities.	60757

(G)(1) The legal rights service may act directly or contract	60758
with other organizations or individuals for the provision of the	60759
services envisioned under this section.	60760

(2) Whenever possible, the administrator shall attempt to	60761
facilitate the resolution of complaints through administrative	60762
channels. Subject to division (G)(3) of this section, if attempts	60763
at administrative resolution prove unsatisfactory, the	60764
administrator may pursue any legal, administrative, and other	60765
appropriate remedies or approaches that may be necessary to	60766
accomplish the purposes of this section.	60767

(3) The administrator may not pursue a class action lawsuit	60768
under division (G)(2) of this section when attempts at	60769
administrative resolution of a complaint prove unsatisfactory	60770
under that division unless both of the following have first	60771
occurred:	60772

(a) At least four members of the commission, by their	60773
affirmative vote, have consented to the pursuit of the class	60774
action lawsuit;	60775

(b) At least five members of the commission are present at	60776
the meeting of the commission at which that consent is obtained.	60777

(4) RelationshipsSubject to division (G)(5) of this section,	60778
relationships between personnel and the agents of the legal rights	60779
service and its clients shall be fiduciary relationships, and all	60780
communications shall be confidential, as if between attorney and	60781
client.	60782

(5) Any person who has been represented by the legal rights	60783
service or who has applied for and been denied representation and	60784
who files a grievance with the service concerning the	60785
representation or application may appeal the decision of the	60786
service on the grievance to the commission. The person may appeal	60787
notwithstanding any objections of the person's legal guardian. The	60788
commission may examine any records relevant to the appeal and	60789
shall maintain the confidentiality of any records that are	60790
required to be kept confidential.	60791

(H) The legal rights service, on the order of the	60792
administrator, with the approval by an affirmative vote of at	60793
least four members of the commission, may compel by subpoena the	60794
appearance and sworn testimony of any person the administrator	60795
reasonably believes may be able to provide information or to	60796
produce any documents, books, records, papers, or other	60797
information necessary to carry out its duties.	60798

(I) The legal rights service may conduct public hearings.

60799

(J) The legal rights service may request from any	60800
governmental agency any cooperation, assistance, services, or data	60801
that will enable it to perform its duties.	60802

(K) In any malpractice action filed against the administrator	60803
of the legal rights service, a member of the staff of the legal	60804
rights service, or an attorney designated by the administrator to	60805
perform legal services under division (E) of this section, the	60806
state shall, when the administrator, member, or attorney has acted	60807
in good faith and in the scope of employment, indemnify the	60808
administrator, member, or attorney for any judgment awarded or	60809
amount negotiated in settlement, and for any court costs or legal	60810
fees incurred in defense of the claim.	60811

This division does not limit or waive, and shall not be	60812
construed to limit or waive, any defense that is available to the	60813
legal rights service, its administrator or employees, persons	60814
under a personal services contract with it, or persons designated	60815
under division (E) of this section, including, but not limited to,	60816
any defense available under section 9.86 of the Revised Code.	60817

(L) In addition to providing services to mentally ill,	60818
mentally retarded, or developmentally disabled persons, when a	60819
grant authorizing the provision of services to other individuals	60820
is accepted pursuant to division (F)(4) of this section, the legal	60821
rights service and its ombudsperson section may provide advocacy	60822
or ombudsperson services to those other individuals and exercise	60823
any other authority granted by this section or sections 5123.601	60824
to 5123.604 of the Revised Code on behalf of those individuals.	60825
Determinations of whether an individual is eligible for services	60826
under this division shall be made by the legal rights service.	60827

Sec. 5123.801.  If neither a discharged resident, nor a	60828
resident granted trial visit, nor the persons requesting the	60829
resident's trial visit or discharge are financially able to bear	60830
the expense of the resident's trial visit or discharge, the	60831
managing officer of an institution under the control of the	60832
department of mental retardation and developmental disabilities	60833
may then provide actual traveling and escort expenses to the	60834
township of which the resident resided at the time of	60835
institutionalization. The amount payable shall be charged to the	60836
current expense fund of the institution.	60837

The expense of the return of a resident on trial visit from	60838
an institution, if it cannot be paid by the responsible relatives,	60839
shall be borne by the county of institutionalization.	60840

The managing officer of the institution shall take all proper	60841
measures for the apprehension of an escaped resident. The expense	60842
of the return of an escaped resident shall be borne by the	60843
institution where the resident is institutionalized.	60844

The managing officer of the institution shall provide	60845
sufficient and proper clothing for traveling if neither the	60846
resident nor the persons requesting the resident's trial visit or	60847
discharge are financially able to provide that clothing.	60848

Sec. 5123.851.  When a resident institutionalized pursuant to	60849
this chapter is discharged from the institution, the managing	60850
officer of the institution may provide the resident with all	60851
personal items that were purchased in implementing the resident's	60852
habilitation plan established pursuant to section 5123.85 of the	60853
Revised Code. The personal items may be provided to the resident,	60854
regardless of the source of the funds that were used to purchase	60855
the items.	60856

Sec. 5126.01.  As used in this chapter:

60857

(A) As used in this division, "adult" means an individual who	60858
is eighteen years of age or over and not enrolled in a program or	60859
service under Chapter 3323. of the Revised Code and an individual	60860
sixteen or seventeen years of age who is eligible for adult	60861
services under rules adopted by the director of mental retardation	60862
and developmental disabilities pursuant to Chapter 119. of the	60863
Revised Code.	60864

(1) "Adult services" means services provided to an adult	60865
outside the home, except when they are provided within the home	60866
according to an individual's assessed needs and identified in an	60867
individual service plan, that support learning and assistance in	60868
the area of self-care, sensory and motor development,	60869
socialization, daily living skills, communication, community	60870
living, social skills, or vocational skills.	60871

(2) "Adult services" includes all of the following:

60872

(a) Adult day habilitation services;

60873

(b) Adult day care;

60874

(c) Prevocational services;

60875

(d) Sheltered employment;

60876

(e) Educational experiences and training obtained through	60877
entities and activities that are not expressly intended for	60878
individuals with mental retardation and developmental	60879
disabilities, including trade schools, vocational or technical	60880
schools, adult education, job exploration and sampling, unpaid	60881
work experience in the community, volunteer activities, and	60882
spectator sports;	60883

(f) Community employment services and supported employment	60884
services.	60885

(B)(1) "Adult day habilitation services" means adult services	60886
that do the following:	60887

(a) Provide access to and participation in typical activities	60888
and functions of community life that are desired and chosen by the	60889
general population, including such activities and functions as	60890
opportunities to experience and participate in community	60891
exploration, companionship with friends and peers, leisure	60892
activities, hobbies, maintaining family contacts, community	60893
events, and activities where individuals without disabilities are	60894
involved;	60895

(b) Provide supports or a combination of training and	60896
supports that afford an individual a wide variety of opportunities	60897
to facilitate and build relationships and social supports in the	60898
community.	60899

(2) "Adult day habilitation services" includes all of the	60900
following:	60901

(a) Personal care services needed to ensure an individual's	60902
ability to experience and participate in vocational services,	60903
educational services, community activities, and any other adult	60904
day habilitation services;	60905

(b) Skilled services provided while receiving adult day	60906
habilitation services, including such skilled services as behavior	60907
management intervention, occupational therapy, speech and language	60908
therapy, physical therapy, and nursing services;	60909

(c) Training and education in self-determination designed to	60910
help the individual do one or more of the following: develop	60911
self-advocacy skills, exercise the individual's civil rights,	60912
acquire skills that enable the individual to exercise control and	60913
responsibility over the services received, and acquire skills that	60914
enable the individual to become more independent, integrated, or	60915
productive in the community;	60916

(d) Recreational and leisure activities identified in the	60917
individual's service plan as therapeutic in nature or assistive in	60918
developing or maintaining social supports;	60919

(e) Counseling and assistance provided to obtain housing,	60920
including such counseling as identifying options for either rental	60921
or purchase, identifying financial resources, assessing needs for	60922
environmental modifications, locating housing, and planning for	60923
ongoing management and maintenance of the housing selected;	60924

(f) Transportation necessary to access adult day habilitation	60925
services;	60926

(g) Habilitation management, as described in section 5126.14	60927
of the Revised Code.	60928

(3) "Adult day habilitation services" does not include	60929
activities that are components of the provision of residential	60930
services, family support services, or supported living services.	60931

(C) "Community employment services" or "supported employment	60932
services" means job training and other services related to	60933
employment outside a sheltered workshop. "Community employment	60934
services" or "supported employment services" include all of the	60935
following:	60936

(1) Job training resulting in the attainment of competitive	60937
work, supported work in a typical work environment, or	60938
self-employment;	60939

(2) Supervised work experience through an employer paid to	60940
provide the supervised work experience;	60941

(3) Ongoing work in a competitive work environment at a wage	60942
commensurate with workers without disabilities;	60943

(4) Ongoing supervision by an employer paid to provide the	60944
supervision.	60945

(D) As used in this division, "substantial functional	60946
limitation," "developmental delay," and "established risk" have	60947
the meanings established pursuant to section 5123.011 of the	60948
Revised Code.	60949

"Developmental disability" means a severe, chronic disability	60950
that is characterized by all of the following:	60951

(1) It is attributable to a mental or physical impairment or	60952
a combination of mental and physical impairments, other than a	60953
mental or physical impairment solely caused by mental illness as	60954
defined in division (A) of section 5122.01 of the Revised Code;	60955

(2) It is manifested before age twenty-two;

60956

(3) It is likely to continue indefinitely;

60957

(4) It results in one of the following:

60958

(a) In the case of a person under age three, at least one	60959
developmental delay or an established risk;	60960

(b) In the case of a person at least age three but under age	60961
six, at least two developmental delays or an established risk;	60962

(c) In the case of a person age six or older, a substantial	60963
functional limitation in at least three of the following areas of	60964
major life activity, as appropriate for the person's age:	60965
self-care, receptive and expressive language, learning, mobility,	60966
self-direction, capacity for independent living, and, if the	60967
person is at least age sixteen, capacity for economic	60968
self-sufficiency.	60969

(5) It causes the person to need a combination and sequence	60970
of special, interdisciplinary, or other type of care, treatment,	60971
or provision of services for an extended period of time that is	60972
individually planned and coordinated for the person.	60973

(E) "Early childhood services" means a planned program of	60974
habilitation designed to meet the needs of individuals with mental	60975
retardation or other developmental disabilities who have not	60976
attained compulsory school age.	60977

(F)(1) "Environmental modifications" means the physical	60978
adaptations to an individual's home, specified in the individual's	60979
service plan, that are necessary to ensure the individual's	60980
health, safety, and welfare or that enable the individual to	60981
function with greater independence in the home, and without which	60982
the individual would require institutionalization.	60983

(2) "Environmental modifications" includes such adaptations	60984
as installation of ramps and grab-bars, widening of doorways,	60985
modification of bathroom facilities, and installation of	60986
specialized electric and plumbing systems necessary to accommodate	60987
the individual's medical equipment and supplies.	60988

(3) "Environmental modifications" does not include physical	60989
adaptations or improvements to the home that are of general	60990
utility or not of direct medical or remedial benefit to the	60991
individual, including such adaptations or improvements as	60992
carpeting, roof repair, and central air conditioning.	60993

(G) "Family support services" means the services provided	60994
under a family support services program operated under section	60995
5126.11 of the Revised Code.	60996

(H) "Habilitation" means the process by which the staff of	60997
the facility or agency assists an individual with mental	60998
retardation or other developmental disability in acquiring and	60999
maintaining those life skills that enable the individual to cope	61000
more effectively with the demands of the individual's own person	61001
and environment, and in raising the level of the individual's	61002
personal, physical, mental, social, and vocational efficiency.	61003
Habilitation includes, but is not limited to, programs of formal,	61004
structured education and training.	61005

(I) "Habilitation center services" means services provided by	61006
a habilitation center certified by the department of mental	61007
retardation and developmental disabilities under section 5123.041	61008
of the Revised Code and covered by the medicaid program pursuant	61009
to rules adopted under section 5111.041 of the Revised Code.	61010

(J) "Home and community-based services" means medicaid-funded	61011
home and community-based services provided under athe medicaid	61012
componentcomponents the department of mental retardation and	61013
developmental disabilities administers pursuant to section	61014
5111.871 of the Revised Code.	61015

(K) "Medicaid" has the same meaning as in section 5111.01 of	61016
the Revised Code.	61017

(L) "Medicaid case management services" means case management	61018
services provided to an individual with mental retardation or	61019
other developmental disability that the state medicaid plan	61020
requires.	61021

(M) "Mental retardation" means a mental impairment manifested	61022
during the developmental period characterized by significantly	61023
subaverage general intellectual functioning existing concurrently	61024
with deficiencies in the effectiveness or degree with which an	61025
individual meets the standards of personal independence and social	61026
responsibility expected of the individual's age and cultural	61027
group.	61028

(N) "Residential services" means services to individuals with	61029
mental retardation or other developmental disabilities to provide	61030
housing, food, clothing, habilitation, staff support, and related	61031
support services necessary for the health, safety, and welfare of	61032
the individuals and the advancement of their quality of life.	61033
"Residential services" includes program management, as described	61034
in section 5126.14 of the Revised Code.	61035

(O) "Resources" means available capital and other assets,	61036
including moneys received from the federal, state, and local	61037
governments, private grants, and donations; appropriately	61038
qualified personnel; and appropriate capital facilities and	61039
equipment.	61040

(P) "Service and support administration" means the duties	61041
performed by a service and support administrator pursuant to	61042
section 5126.15 of the Revised Code.	61043

(Q)(1) "Specialized medical, adaptive, and assistive	61044
equipment, supplies, and supports" means equipment, supplies, and	61045
supports that enable an individual to increase the ability to	61046
perform activities of daily living or to perceive, control, or	61047
communicate within the environment.	61048

(2) "Specialized medical, adaptive, and assistive equipment,	61049
supplies, and supports" includes the following:	61050

(a) Eating utensils, adaptive feeding dishes, plate guards,	61051
mylatex straps, hand splints, reaches, feeder seats, adjustable	61052
pointer sticks, interpreter services, telecommunication devices	61053
for the deaf, computerized communications boards, other	61054
communication devices, support animals, veterinary care for	61055
support animals, adaptive beds, supine boards, prone boards,	61056
wedges, sand bags, sidelayers, bolsters, adaptive electrical	61057
switches, hand-held shower heads, air conditioners, humidifiers,	61058
emergency response systems, folding shopping carts, vehicle lifts,	61059
vehicle hand controls, other adaptations of vehicles for	61060
accessibility, and repair of the equipment received.	61061

(b) Nondisposable items not covered by medicaid that are	61062
intended to assist an individual in activities of daily living or	61063
instrumental activities of daily living.	61064

(R) "Supportive home services" means a range of services to	61065
families of individuals with mental retardation or other	61066
developmental disabilities to develop and maintain increased	61067
acceptance and understanding of such persons, increased ability of	61068
family members to teach the person, better coordination between	61069
school and home, skills in performing specific therapeutic and	61070
management techniques, and ability to cope with specific	61071
situations.	61072

(S)(1) "Supported living" means services provided for as long	61073
as twenty-four hours a day to an individual with mental	61074
retardation or other developmental disability through any public	61075
or private resources, including moneys from the individual, that	61076
enhance the individual's reputation in community life and advance	61077
the individual's quality of life by doing the following:	61078

(a) Providing the support necessary to enable an individual	61079
to live in a residence of the individual's choice, with any number	61080
of individuals who are not disabled, or with not more than three	61081
individuals with mental retardation and developmental disabilities	61082
unless the individuals are related by blood or marriage;	61083

(b) Encouraging the individual's participation in the	61084
community;	61085

(c) Promoting the individual's rights and autonomy;

61086

(d) Assisting the individual in acquiring, retaining, and	61087
improving the skills and competence necessary to live successfully	61088
in the individual's residence.	61089

(2) "Supported living" includes the provision of all of the	61090
following:	61091

(a) Housing, food, clothing, habilitation, staff support,	61092
professional services, and any related support services necessary	61093
to ensure the health, safety, and welfare of the individual	61094
receiving the services;	61095

(b) A combination of life-long or extended-duration	61096
supervision, training, and other services essential to daily	61097
living, including assessment and evaluation and assistance with	61098
the cost of training materials, transportation, fees, and	61099
supplies;	61100

(c) Personal care services and homemaker services;

61101

(d) Household maintenance that does not include modifications	61102
to the physical structure of the residence;	61103

(e) Respite care services;

61104

(f) Program management, as described in section 5126.14 of	61105
the Revised Code.	61106

Sec. 5126.042.  (A) As used in this section:

61107

(1) "Emergency", "emergency" means any situation that creates	61108
for an individual with mental retardation or developmental	61109
disabilities a risk of substantial self-harm or substantial harm	61110
to others if action is not taken within thirty days. An	61111
"emergency" may include one or more of the following situations:	61112

(a)(1) Loss of present residence for any reason, including	61113
legal action;	61114

(b)(2) Loss of present caretaker for any reason, including	61115
serious illness of the caretaker, change in the caretaker's	61116
status, or inability of the caretaker to perform effectively for	61117
the individual;	61118

(c)(3) Abuse, neglect, or exploitation of the individual;

61119

(d)(4) Health and safety conditions that pose a serious risk	61120
to the individual or others of immediate harm or death;	61121

(e)(5) Change in the emotional or physical condition of the	61122
individual that necessitates substantial accommodation that cannot	61123
be reasonably provided by the individual's existing caretaker.	61124

(2) "Medicaid" has the same meaning as in section 5111.01 of	61125
the Revised Code.	61126

(B) If a county board of mental retardation and developmental	61127
disabilities determines that available resources are not	61128
sufficient to meet the needs of all individuals who request	61129
programs and services and may be offered the programs and	61130
services, it shall establish waiting lists for services. The board	61131
may establish priorities for making placements on its waiting	61132
lists according to an individual's emergency status and shall	61133
establish priorities in accordance with divisiondivisions (D) and	61134
(E) of this section.	61135

The individuals who may be placed on a waiting list include	61136
individuals with a need for services on an emergency basis and	61137
individuals who have requested services for which resources are	61138
not available.	61139

Except for an individual who is to receive priority for	61140
services pursuant to division (D)(3) of this section, an	61141
individual who currently receives a service but would like to	61142
change to another service shall not be placed on a waiting list	61143
but shall be placed on a service substitution list. The board	61144
shall work with the individual, service providers, and all	61145
appropriate entities to facilitate the change in service as	61146
expeditiously as possible. The board may establish priorities for	61147
making placements on its service substitution lists according to	61148
an individual's emergency status.	61149

In addition to maintaining waiting lists and service	61150
substitution lists, a board shall maintain a long-term service	61151
planning registry for individuals who wish to record their	61152
intention to request in the future a service they are not	61153
currently receiving. The purpose of the registry is to enable the	61154
board to document requests and to plan appropriately. The board	61155
may not place an individual on the registry who meets the	61156
conditions for receipt of services on an emergency basis.	61157

(C) A county board shall establish a separate waiting list	61158
for each of the following categories of services, and may	61159
establish separate waiting lists within the waiting lists:	61160

(1) Early childhood services;

61161

(2) Educational programs for preschool and school age	61162
children;	61163

(3) Adult services;

61164

(4) Service and support administration;

61165

(5) Residential services and supported living;

61166

(6) Transportation services;

61167

(7) Other services determined necessary and appropriate for	61168
persons with mental retardation or a developmental disability	61169
according to their individual habilitation or service plans;	61170

(8) Family support services provided under section 5126.11 of	61171
the Revised Code.	61172

(D) Except as provided in division (F)(G) of this section, a	61173
county board shall do, as priorities, all of the following in	61174
accordance with the assessment component, approved under section	61175
5123.046 of the Revised Code, of the county board's plan developed	61176
under section 5126.054 of the Revised Code:	61177

(1) For the purpose of obtaining additional federal medicaid	61178
funds for home and community-based services, medicaid case	61179
management services, and habilitation center services, do both of	61180
the following:	61181

(a) Give an individual who is eligible for home and	61182
community-based services and meets both of the following	61183
requirements priority over any other individual on a waiting list	61184
established under division (C) of this section for home and	61185
community-based services that include supported living,	61186
residential services, or family support services:	61187

(i) Is twenty-two years of age or older;

61188

(ii) Receives supported living or family support services.

61189

(b) Give an individual who is eligible for home and	61190
community-based services and meets both of the following	61191
requirements priority over any other individual on a waiting list	61192
established under division (C) of this section for home and	61193
community-based services that include adult services:	61194

(i) Resides in the individual's own home or the home of the	61195
individual's family and will continue to reside in that home after	61196
enrollment in home and community-based services;	61197

(ii) Receives adult services from the county board.

61198

(2) As federal medicaid funds become available pursuant to	61199
division (D)(1) of this section, give an individual who is	61200
eligible for home and community-based services and meets any of	61201
the following requirements priority for such services over any	61202
other individual on a waiting list established under division (C)	61203
of this section:	61204

(a) Does not receive residential services or supported	61205
living, either needs services in the individual's current living	61206
arrangement or will need services in a new living arrangement, and	61207
has a primary caregiver who is sixty years of age or older;	61208

(b) Is less than twenty-two years of age and has at least one	61209
of the following service needs that are unusual in scope or	61210
intensity:	61211

(i) Severe behavior problems for which a behavior support	61212
plan is needed;	61213

(ii) An emotional disorder for which anti-psychotic	61214
medication is needed;	61215

(iii) A medical condition that leaves the individual	61216
dependent on life-support medical technology;	61217

(iv) A condition affecting multiple body systems for which a	61218
combination of specialized medical, psychological, educational, or	61219
habilitation services are needed;	61220

(v) A condition the county board determines to be comparable	61221
in severity to any condition described in division (D)(2)(b)(i) to	61222
(iv) of this section and places the individual at significant risk	61223
of institutionalization.	61224

(c) Is twenty-two years of age or older, does not receive	61225
residential services or supported living, and is determined by the	61226
county board to have intensive needs for home and community-based	61227
services on an in-home or out-of-home basis.	61228

(3) In fiscal years 2002 and 2003, give an individual who is	61229
eligible for home and community-based services, resides in an	61230
intermediate care facility for the mentally retarded or nursing	61231
facility, chooses to move to another setting with the help of home	61232
and community-based services, and has been determined by the	61233
department of mental retardation and developmental disabilities to	61234
be capable of residing in the other setting, priority over any	61235
other individual on a waiting list established under division (C)	61236
of this section for home and community-based services who does not	61237
meet these criteria. The department of mental retardation and	61238
developmental disabilities shall identify the individuals to	61239
receive priority under division (D)(3) of this section, assess the	61240
needs of the individuals, and notify the county boards that are to	61241
provide the individuals priority under division (D)(3) of this	61242
section of the individuals identified by the department and the	61243
individuals' assessed needs.	61244

(E) Except as provided in division (G) of this section and	61245
for a number of years and beginning on a date specified in rules	61246
adopted under division (K) of this section, a county board shall	61247
give an individual who is eligible for home and community-based	61248
services, resides in a nursing facility, and chooses to move to	61249
another setting with the help of home and community-based	61250
services, priority over any other individual on a waiting list	61251
established under division (C) of this section for home and	61252
community-based services who does not meet these criteria.	61253

(F) If two or more individuals on a waiting list established	61254
under division (C) of this section for home and community-based	61255
services have priority for the services pursuant to division	61256
(D)(1) or (2) or (E) of this section, a county board may use,	61257
until December 31, 20032005, criteria specified in rules adopted	61258
under division (J)(K)(2) of this section in determining the order	61259
in which the individuals with priority will be offered the	61260
services. Otherwise, the county board shall offer the home and	61261
community-based services to such individuals in the order they are	61262
placed on the waiting list.	61263

(F)(G)(1) No individual may receive priority for services	61264
pursuant to division (D) or (E) of this section over an individual	61265
placed on a waiting list established under division (C) of this	61266
section on an emergency status.	61267

(2) No more than four hundred individuals in the state may	61268
receive priority for services during the 20022004 and 20032005	61269
biennium pursuant to division (D)(2)(b) of this section.	61270

(3) No more than a total of seventy-five individuals in the	61271
state may receive priority for services during state fiscal years	61272
2002 and 2003 pursuant to division (D)(3) of this section.	61273

(G)(4) No more than forty individuals in the state may	61274
receive priority for services pursuant to division (E) of this	61275
section for each year that priority category is in effect as	61276
specified in rules adopted under division (K) of this section.	61277

(H) Prior to establishing any waiting list under this	61278
section, a county board shall develop and implement a policy for	61279
waiting lists that complies with this section and rules adopted	61280
under division (J)(K) of this section.	61281

Prior to placing an individual on a waiting list, the county	61282
board shall assess the service needs of the individual in	61283
accordance with all applicable state and federal laws. The county	61284
board shall place the individual on the appropriate waiting list	61285
and may place the individual on more than one waiting list. The	61286
county board shall notify the individual of the individual's	61287
placement and position on each waiting list on which the	61288
individual is placed.	61289

At least annually, the county board shall reassess the	61290
service needs of each individual on a waiting list. If it	61291
determines that an individual no longer needs a program or	61292
service, the county board shall remove the individual from the	61293
waiting list. If it determines that an individual needs a program	61294
or service other than the one for which the individual is on the	61295
waiting list, the county board shall provide the program or	61296
service to the individual or place the individual on a waiting	61297
list for the program or service in accordance with the board's	61298
policy for waiting lists.	61299

When a program or service for which there is a waiting list	61300
becomes available, the county board shall reassess the service	61301
needs of the individual next scheduled on the waiting list to	61302
receive that program or service. If the reassessment demonstrates	61303
that the individual continues to need the program or service, the	61304
board shall offer the program or service to the individual. If it	61305
determines that an individual no longer needs a program or	61306
service, the county board shall remove the individual from the	61307
waiting list. If it determines that an individual needs a program	61308
or service other than the one for which the individual is on the	61309
waiting list, the county board shall provide the program or	61310
service to the individual or place the individual on a waiting	61311
list for the program or service in accordance with the board's	61312
policy for waiting lists. The county board shall notify the	61313
individual of the individual's placement and position on the	61314
waiting list on which the individual is placed.	61315

(H)(I) A child subject to a determination made pursuant to	61316
section 121.38 of the Revised Code who requires the home and	61317
community-based services provided through thea medicaid component	61318
that the department of mental retardation and developmental	61319
disabilities administers under section 5111.871 of the Revised	61320
Code shall receive services through that medicaid component. For	61321
all other services, a child subject to a determination made	61322
pursuant to section 121.38 of the Revised Code shall be treated as	61323
an emergency by the county boards and shall not be subject to a	61324
waiting list.	61325

(I)(J) Not later than the fifteenth day of March of each	61326
even-numbered year, each county board shall prepare and submit to	61327
the director of mental retardation and developmental disabilities	61328
its recommendations for the funding of services for individuals	61329
with mental retardation and developmental disabilities and its	61330
proposals for reducing the waiting lists for services.	61331

(J)(K)(1) The department of mental retardation and	61332
developmental disabilities shall adopt rules in accordance with	61333
Chapter 119. of the Revised Code governing waiting lists	61334
established under this section. The rules shall include procedures	61335
to be followed to ensure that the due process rights of	61336
individuals placed on waiting lists are not violated.	61337

(2) As part of the rules adopted under this division, the	61338
department shall adopt, not later than December 31, 2001, rules	61339
establishing criteria a county board may use under division (E)(F)	61340
of this section in determining the order in which individuals with	61341
priority for home and community-based services will be offered the	61342
services. The rules shall also specify conditions under which a	61343
county board, when there is no individual with priority for home	61344
and community-based services pursuant to division (D)(1) or (2) or	61345
(E) of this section available and appropriate for the services,	61346
may offer the services to an individual on a waiting list for the	61347
services but not given such priority for the services. The rules	61348
adopted under division (J)(K)(2) of this section shall cease to	61349
have effect December 31, 20032005.	61350

(K)(3) As part of the rules adopted under this division, the	61351
department shall adopt rules specifying both of the following for	61352
the priority category established under division (E) of this	61353
section:	61354

(a) The number of years, which shall not exceed five, that	61355
the priority category will be in effect;	61356

(b) The date that the priority category is to go into effect.

61357

(L) The following shall take precedence over the applicable	61358
provisions of this section:	61359

(1) Medicaid rules and regulations;

61360

(2) Any specific requirements that may be contained within a	61361
medicaid state plan amendment or waiver program that a county	61362
board has authority to administer or with respect to which it has	61363
authority to provide services, programs, or supports.	61364

Sec. 5126.058.  (A) The director of job and family services	61365
shall seek federal financial participation for the administrative	61366
costs for the following that each county board of mental	61367
retardation and developmental disabilities incurs pursuant to its	61368
medicaid local administrative authority under section 5126.055 of	61369
the Revised Code and claims in accordance with rules adopted under	61370
this section:	61371

(1) Home and community-based services;

61372

(2) Habilitation center services;

61373

(3) Service and support administration provided in	61374
conjunction with any of the services listed in divisions (A)(1)	61375
and (2) of this section.	61376

(B) The administrative costs for which the director shall	61377
seek federal financial participation under this section shall	61378
include all of the following:	61379

(1) Business management;

61380

(2) Contract management;

61381

(3) General administration;

61382

(4) Personnel management;

61383

(5) Contract services for legal or representational	61384
activities that are conducted on a county-specific, multi-county,	61385
or statewide basis and provided as part of initiatives to	61386
refinance or reform the medicaid program, to improve the	61387
administration of the medicaid program, or to increase the	61388
services covered by the medicaid program.	61389

(C) Except as provided in division (D) of this section,	61390
federal financial participation obtained pursuant to a claim made	61391
under this section shall be paid to the county board that makes	61392
the claim.	61393

(D) The department of mental retardation and development	61394
disabilities shall collect one per cent of the federal financial	61395
participation obtained pursuant to each claim made under this	61396
section. The amount the department collects under this division	61397
shall be deposited into the ODMR/DD administrative and oversight	61398
fund created under section 5123.0412 of the Revised Code.	61399

(E) The director of job and family services shall adopt rules	61400
in accordance with Chapter 119. of the Revised Code as necessary	61401
for the implementation of this section. The director shall adopt	61402
the rules in consultation with the director of mental retardation	61403
and developmental disabilities. The rules shall be consistent with	61404
federal regulations governing the medicaid program and shall	61405
comply with all of the following:	61406

(1) A county board may not claim more than fifteen per cent	61407
of its administrative costs for home and community-based services	61408
and habilitation center services.	61409

(2) A county board may not claim more than fifty per cent of	61410
its administrative costs for service and support administration	61411
provided in conjunction with any of the services listed in	61412
division (A)(1) or (2) of this section.	61413

(3) A county board shall verify the administrative costs for	61414
which it seeks federal financial participation in accordance with	61415
a time study or actual billing provided for by the rules.	61416

(4) A county board may make a claim for administrative costs	61417
incurred before, on, or after the effective date of this section.	61418

Sec. 5126.11.  (A) As used in this section, "respite care"	61419
means appropriate, short-term, temporary care that is provided to	61420
a mentally retarded or developmentally disabled person to sustain	61421
the family structure or to meet planned or emergency needs of the	61422
family.	61423

(B) Subject to rules adopted by the director of mental	61424
retardation and developmental disabilities, and subject to the	61425
availability of money from state and federal sources, the county	61426
board of mental retardation and developmental disabilities shall	61427
establish a family support services program. Under such a program,	61428
the board shall make payments to an individual with mental	61429
retardation or other developmental disability or the family of an	61430
individual with mental retardation or other developmental	61431
disability who desires to remain in and be supported in the family	61432
home. Payments shall be made for all or part of costs incurred or	61433
estimated to be incurred for services that would promote	61434
self-sufficiency and normalization, prevent or reduce	61435
inappropriate institutional care, and further the unity of the	61436
family by enabling the family to meet the special needs of the	61437
individual and to live as much like other families as possible.	61438
Payments may be made in the form of reimbursement for expenditures	61439
or in the form of vouchers to be used to purchase services.	61440

(C) Payment shall not be made under this section to an	61441
individual or the individual's family if the individual is living	61442
in a residential facility that is providing residential services	61443
under contract with the department of mental retardation and	61444
developmental disabilities or a county board.	61445

(D) Payments may be made for the following services:

61446

(1) Respite care, in or out of the home;

61447

(2) Counseling, supervision, training, and education of the	61448
individual, the individual's caregivers, and members of the	61449
individual's family that aid the family in providing proper care	61450
for the individual, provide for the special needs of the family,	61451
and assist in all aspects of the individual's daily living;	61452

(3) Special diets, purchase or lease of special equipment, or	61453
modifications of the home, if such diets, equipment, or	61454
modifications are necessary to improve or facilitate the care and	61455
living environment of the individual;	61456

(4) Providing support necessary for the individual's	61457
continued skill development, including such services as	61458
development of interventions to cope with unique problems that may	61459
occur within the complexity of the family, enrollment of the	61460
individual in special summer programs, provision of appropriate	61461
leisure activities, and other social skills development	61462
activities;	61463

(5) Any other services that are consistent with the purposes	61464
specified in division (B) of this section and specified in the	61465
individual's service plan.	61466

(E) In order to be eligible for payments under a family	61467
support services program, the individual or the individual's	61468
family must reside in the county served by the county board, and	61469
the individual must be in need of habilitation. Payments shall be	61470
adjusted for income in accordance with the payment schedule	61471
established in rules adopted under this section. Payments shall be	61472
made only after the county board has taken into account all other	61473
available assistance for which the individual or family is	61474
eligible.	61475

(F) Before incurring expenses for a service for which payment	61476
will be sought under a family support services program, the	61477
individual or family shall apply to the county board for a	61478
determination of eligibility and approval of the service. The	61479
service need not be provided in the county served by the county	61480
board. After being determined eligible and receiving approval for	61481
the service, the individual or family may incur expenses for the	61482
service or use the vouchers received from the county board for the	61483
purchase of the service.	61484

If the county board refuses to approve a service, an appeal	61485
may be made in accordance with rules adopted by the department	61486
under this section.	61487

(G) To be reimbursed for expenses incurred for approved	61488
services, the individual or family shall submit to the county	61489
board a statement of the expenses incurred accompanied by any	61490
evidence required by the board. To redeem vouchers used to	61491
purchase approved services, the entity that provided the service	61492
shall submit to the county board evidence that the service was	61493
provided and a statement of the charges. The county board shall	61494
make reimbursements and redeem vouchers no later than forty-five	61495
days after it receives the statements and evidence required by	61496
this division.	61497

(H) A county board shall consider the following objectives in	61498
carrying out a family support services program:	61499

(1) Enabling individuals to return to their families from an	61500
institution under the jurisdiction of the department of mental	61501
retardation and developmental disabilities;	61502

(2) Enabling individuals found to be subject to	61503
institutionalization by court order under section 5123.76 of the	61504
Revised Code to remain with their families with the aid of	61505
payments provided under this section;	61506

(3) Providing services to eligible children and adults	61507
currently residing in the community;	61508

(4) Providing services to individuals with developmental	61509
disabilities who are not receiving other services from the board.	61510

(I) The director shall adopt, and may amend and rescind,	61511
rules for the implementation of family support services programs	61512
by county boards. Such rules shall include the following:	61513

(1) A payment schedule adjusted for income;

61514

(2) A formula for distributing to county boards the money	61515
appropriated for family support services;	61516

(3) Standards for supervision, training, and quality control	61517
in the provision of respite care services;	61518

(4) Eligibility standards and procedures for providing	61519
temporary emergency respite care;	61520

(5) Procedures for hearing and deciding appeals made under	61521
division (F) of this section;	61522

(6) Requirements to be followed by county boards regarding	61523
reports submitted under division (K) of this section.	61524

Rules adopted under divisions (I)(1) and (2) of this section	61525
shall be adopted in accordance with section 111.15 of the Revised	61526
Code. Rules adopted under divisions (I)(3) to (6) of this section	61527
shall be adopted in accordance with Chapter 119. of the Revised	61528
Code.	61529

(J) All individuals certified by the superintendent of the	61530
county board as eligible for temporary emergency respite care in	61531
accordance with rules adopted under this section shall be	61532
considered eligible for temporary emergency respite care for not	61533
more than five days to permit the determination of eligibility for	61534
family support services. The requirements of divisions (E) and (F)	61535
of this section do not apply to temporary emergency respite care.	61536

(K) On the first day of July of each year, theThe department	61537
of mental retardation and developmental disabilities shall	61538
distribute to county boards money appropriated for family support	61539
services in quarterly installments of equal amounts. The	61540
installments shall be made not later than the thirtieth day of	61541
September, the thirty-first day of December, the thirty-first day	61542
of March, and the thirtieth day of June. A county board shall use	61543
no more than seven per cent of the funds for administrative costs.	61544
Each county board shall submit reports to the department on	61545
payments made under this section. The reports shall be submitted	61546
at those times and in the manner specified in rules adopted under	61547
this section.	61548

(L) The county board shall not be required to make payments	61549
for family support services at a level that exceeds available	61550
state and federal funds for such payments.	61551

Sec. 5126.12.  (A) As used in this section:

61552

(1) "Approved school age class" means a class operated by a	61553
county board of mental retardation and developmental disabilities	61554
and funded by the department of education under section 3317.20 of	61555
the Revised Code.	61556

(2) "Approved preschool unit" means a class or unit operated	61557
by a county board of mental retardation and developmental	61558
disabilities and approved by the state board of education under	61559
division (B) of section 3317.05 of the Revised Code.	61560

(3) "Active treatment" means a continuous treatment program,	61561
which includes aggressive, consistent implementation of a program	61562
of specialized and generic training, treatment, health services,	61563
and related services, that is directed toward the acquisition of	61564
behaviors necessary for an individual with mental retardation or	61565
other developmental disability to function with as much	61566
self-determination and independence as possible and toward the	61567
prevention of deceleration, regression, or loss of current optimal	61568
functional status.	61569

(4) "Eligible for active treatment" means that an individual	61570
with mental retardation or other developmental disability resides	61571
in an intermediate care facility for the mentally retarded	61572
certified under Title XIX of the "Social Security Act," 4979	61573
Stat. 620286 (19351965), 42 U.S.C. 3011396, as amended; resides	61574
in a state institution operated by the department of mental	61575
retardation and developmental disabilities; or is enrolled in a	61576
home and community-based services waiver program administered by	61577
the department of mental retardation and developmental	61578
disabilities as part of the medical assistance program established	61579
under section 5111.01 of the Revised Code.	61580

(5) "Community alternative funding system" means the program	61581
under which habilitation center services are reimbursed under the	61582
medicaid program pursuant to section 5111.041 of the Revised Code	61583
and rules adopted under that section.	61584

(6) "Traditional adult services" means vocational and	61585
nonvocational activities conducted within a sheltered workshop or	61586
adult activity center or supportive home services.	61587

(B) Each county board of mental retardation and developmental	61588
disabilities shall certify to the director of mental retardation	61589
and developmental disabilities all of the following:	61590

(1) On or before the fifteenth day of October, the average	61591
daily membership for the first full week of programs and services	61592
during October receiving:	61593

(a) Early childhood services provided pursuant to section	61594
5126.05 of the Revised Code for children who are less than three	61595
years of age on the thirtieth day of September of the academic	61596
year;	61597

(b) Special education for handicapped children in approved	61598
school age classes;	61599

(c) Adult services for persons sixteen years of age and older	61600
operated pursuant to section 5126.05 and division (B) of section	61601
5126.051 of the Revised Code. Separate counts shall be made for	61602
the following:	61603

(i) Persons enrolled in traditional adult services who are	61604
eligible for but not enrolled in active treatment under the	61605
community alternative funding system;	61606

(ii) Persons enrolled in traditional adult services who are	61607
eligible for and enrolled in active treatment under the community	61608
alternative funding system;	61609

(iii) Persons enrolled in traditional adult services but who	61610
are not eligible for active treatment under the community	61611
alternative funding system;	61612

(iv) Persons participating in community employment services.	61613
To be counted as participating in community employment services, a	61614
person must have spent an average of no less than ten hours per	61615
week in that employment during the preceding six months.	61616

(d) Other programs in the county for individuals with mental	61617
retardation and developmental disabilities that have been approved	61618
for payment of subsidy by the department of mental retardation and	61619
developmental disabilities.	61620

The membership in each such program and service in the county	61621
shall be reported on forms prescribed by the department of mental	61622
retardation and developmental disabilities.	61623

The department of mental retardation and developmental	61624
disabilities shall adopt rules defining full-time equivalent	61625
enrollees and for determining the average daily membership	61626
therefrom, except that certification of average daily membership	61627
in approved school age classes shall be in accordance with rules	61628
adopted by the state board of education. The average daily	61629
membership figure shall be determined by dividing the amount	61630
representing the sum of the number of enrollees in each program or	61631
service in the week for which the certification is made by the	61632
number of days the program or service was offered in that week. No	61633
enrollee may be counted in average daily membership for more than	61634
one program or service.	61635

(2) By the fifteenth day of December, the number of children	61636
enrolled in approved preschool units on the first day of December;	61637

(3) On or before the thirtieth day of March, an itemized	61638
report of all income and operating expenditures for the	61639
immediately preceding calendar year, in the format specified by	61640
the department of mental retardation and developmental	61641
disabilities;	61642

(4) By the fifteenth day of February, a report of the total	61643
annual cost per enrollee for operation of programs and services in	61644
the preceding calendar year. The report shall include a grand	61645
total of all programs operated, the cost of the individual	61646
programs, and the sources of funds applied to each program.	61647

(5) That each required certification and report is in	61648
accordance with rules established by the department of mental	61649
retardation and developmental disabilities and the state board of	61650
education for the operation and subsidization of the programs and	61651
services.	61652

(C) To compute payments under this section to the board for	61653
the fiscal year, the department of mental retardation and	61654
developmental disabilities shall use the certification of average	61655
daily membership required by division (B)(1) of this section	61656
exclusive of the average daily membership in any approved school	61657
age class and the number in any approved preschool unit.	61658

(D) The department shall pay each county board for each	61659
fiscal year an amount equal to nine hundred fifty dollars times	61660
the certified number of persons who on the first day of December	61661
of the academic year are under three years of age and are not in	61662
an approved preschool unit. For persons who are at least age	61663
sixteen and are not in an approved school age class, the	61664
department shall pay each county board for each fiscal year the	61665
following amounts:	61666

(1) One thousand dollars times the certified average daily	61667
membership of persons enrolled in traditional adult services who	61668
are eligible for but not enrolled in active treatment under the	61669
community alternative funding system;	61670

(2) One thousand two hundred dollars times the certified	61671
average daily membership of persons enrolled in traditional adult	61672
services who are eligible for and enrolled in active treatment	61673
under the community alternative funding system;	61674

(3) No less than one thousand five hundred dollars times the	61675
certified average daily membership of persons enrolled in	61676
traditional adult services but who are not eligible for active	61677
treatment under the community alternative funding system;	61678

(4) No less than one thousand five hundred dollars times the	61679
certified average daily membership of persons participating in	61680
community employment services.	61681

(E) The department shall distribute this subsidy to county	61682
boards in semiannualquarterly installments of equal amounts. The	61683
installments shall be made not later than the thirtieth day of	61684
September, the thirty-first day of August andDecember, the	61685
thirty-first day of JanuaryMarch, and the thirtieth day of June.	61686

(F) The director of mental retardation and developmental	61687
disabilities shall make efforts to obtain increases in the	61688
subsidies for early childhood services and adult services so that	61689
the amount of the subsidies is equal to at least fifty per cent of	61690
the statewide average cost of those services minus any applicable	61691
federal reimbursements for those services. The director shall	61692
advise the director of budget and management of the need for any	61693
such increases when submitting the biennial appropriations request	61694
for the department.	61695

(G) In determining the reimbursement of a county board for	61696
the provision of service and support administration, family	61697
support services, and other services required or approved by the	61698
director for which children three through twenty-one years of age	61699
are eligible, the department shall include the average daily	61700
membership in approved school age or preschool units. The	61701
department, in accordance with this section and upon receipt and	61702
approval of the certification required by this section and any	61703
other information it requires to enable it to determine a board's	61704
payments, shall pay the agency providing the specialized training	61705
the amounts payable under this section.	61706

Sec. 5126.121.  Each county board of mental retardation and	61707
developmental disabilities may be eligible to receive a subsidy	61708
from the department of mental retardation and developmental	61709
disabilities for the employment of a business manager as provided	61710
in this section. The department shall adopt rules in accordance	61711
with Chapter 119. of the Revised Code specifying standards for the	61712
employment of such a business manager. The rules shall include the	61713
minimum education and experience requirements for the position of	61714
business manager and shall specify requirements for courses in	61715
fiscal and business management that are annually sponsored or	61716
certified by the department and that are applicable to the	61717
position and designed to teach effective business practices. Each	61718
county board of mental retardation and developmental disabilities	61719
that employs a business manager in accordance with the standards	61720
adopted under this section may receive a subsidy from the	61721
department.	61722

The department shall distribute this subsidy to eligible	61723
county boards in quarterly installments of equal amounts. The	61724
installments shall be made not later than the thirtieth day of	61725
September, the thirty-first day of December, the thirty-first day	61726
of March, and the thirtieth day of June.	61727

Sec. 5126.15.  (A) A county board of mental retardation and	61728
developmental disabilities shall provide service and support	61729
administration to each individual three years of age or older who	61730
is eligible for service and support administration if the	61731
individual requests, or a person on the individual's behalf	61732
requests, service and support administration. A board shall	61733
provide service and support administration to each individual	61734
receiving home and community-based services. A board may provide,	61735
in accordance with the service coordination requirements of 34	61736
C.F.R. 303.23, service and support administration to an individual	61737
under three years of age eligible for early intervention services	61738
under 34 C.F.R. part 303. A board may provide service and support	61739
administration to an individual who is not eligible for other	61740
services of the board. Service and support administration shall be	61741
provided in accordance with rules adopted under section 5126.08 of	61742
the Revised Code.	61743

A board may provide service and support administration by	61744
directly employing service and support administrators or by	61745
contracting with entities for the performance of service and	61746
support administration. Individuals employed or under contract as	61747
service and support administrators shall not be in the same	61748
collective bargaining unit as employees who perform duties that	61749
are not administrative.	61750

Individuals employed by a board as service and support	61751
administrators shall not be assigned responsibilities for	61752
implementing other services for individuals and shall not be	61753
employed by or serve in a decision-making or policy-making	61754
capacity for any other entity that provides programs or services	61755
to individuals with mental retardation or developmental	61756
disabilities. An individual employed as a conditional status	61757
service and support administrator shall perform the duties of	61758
service and support administration only under the supervision of a	61759
management employee who is a service and support administration	61760
supervisor or a professional employee who is a service and support	61761
administrator.	61762

(B) The individuals employed by or under contract with a	61763
board to provide service and support administration shall do all	61764
of the following:	61765

(1) Establish an individual's eligibility for the services of	61766
the county board of mental retardation and developmental	61767
disabilities;	61768

(2) Assess individual needs for services;

61769

(3) Develop individual service plans with the active	61770
participation of the individual to be served, other persons	61771
selected by the individual, and, when applicable, the provider	61772
selected by the individual, and recommend the plans for approval	61773
by the department of mental retardation and developmental	61774
disabilities when services included in the plans are funded	61775
through medicaid;	61776

(4) Establish budgets for services based on the individual's	61777
assessed needs and preferred ways of meeting those needs;	61778

(5) Assist individuals in making selections from among the	61779
providers they have chosen;	61780

(6) Ensure that services are effectively coordinated and	61781
provided by appropriate providers;	61782

(7) Establish and implement an ongoing system of monitoring	61783
the implementation of individual service plans to achieve	61784
consistent implementation and the desired outcomes for the	61785
individual;	61786

(8) Perform quality assurance reviews as a distinct function	61787
of service and support administration;	61788

(9) Incorporate the results of quality assurance reviews and	61789
identified trends and patterns of unusual incidents and major	61790
unusual incidents into amendments of an individual's service plan	61791
for the purpose of improving and enhancing the quality and	61792
appropriateness of services rendered to the individual;	61793

(10) Ensure that each individual receiving services has a	61794
designated person who is responsible on a continuing basis for	61795
providing the individual with representation, advocacy, advice,	61796
and assistance related to the day-to-day coordination of services	61797
in accordance with the individual's service plan. The service and	61798
support administrator shall give the individual receiving services	61799
an opportunity to designate the person to provide daily	61800
representation. If the individual declines to make a designation,	61801
the administrator shall make the designation. In either case, the	61802
individual receiving services may change at any time the person	61803
designated to provide daily representation.	61804

(C) Subject to available funds, the department of mental	61805
retardation and developmental disabilities shall pay a county	61806
board an annual subsidy for service and support administration.	61807
The amount of the subsidy shall be equal to the greater of twenty	61808
thousand dollars or two hundred dollars times the board's	61809
certified average daily membership. The payments shall be made in	61810
semiannualquarterly installments of equal amounts, which shall be	61811
made no later than the thirtieth day of September, the	61812
thirty-first day of August andDecember, the thirty-first day of	61813
JanuaryMarch, and the thirtieth day of June. Funds received shall	61814
be used solely for service and support administration.	61815

Sec. 5126.18.  (A) As used in this section:

61816

(1) "County board" means a county board of mental retardation	61817
and developmental disabilities.	61818

(2) Notwithstanding section 5126.01 of the Revised Code,	61819
"adult services" means the following services, as they are	61820
identified on individual information forms submitted by county	61821
boards to the department of mental retardation and developmental	61822
disabilities for the purpose of subsidies paid to county boards	61823
under section 5126.12 of the Revised Code, provided to an	61824
individual with mental retardation or other developmental	61825
disability who is at least twenty-two years of age:	61826

(a) Assessment;

61827

(b) Home service;

61828

(c) Adult program;

61829

(d) Community employment services;

61830

(e) Retirement.

61831

(3) "Adult services enrollment" means a county board's	61832
average daily membership in adult services, exclusive of such	61833
services provided to individuals served solely through service and	61834
support administration provided pursuant to section 5126.15 of the	61835
Revised Code or family support services provided pursuant to	61836
section 5126.11 of the Revised Code.	61837

(4) "Taxable value" means the taxable value of a county board	61838
certified under division (B)(1) of this section.	61839

(5) "Per-mill yield" of a county board means the quotient	61840
obtained by dividing (a) the taxable value of the county board by	61841
(b) one thousand.	61842

(6) "Local adult services cost" means a county board's	61843
expenditures for adult services, excluding all federal and state	61844
reimbursements and subsidy allocations received by such boards and	61845
expended for such services, as certified under section 5126.12 of	61846
the Revised Code.	61847

(7) "Statewide average millage" means one thousand multiplied	61848
by the quotient obtained by dividing (a) the total of the local	61849
adult services costs of all county boards by (b) the total of the	61850
taxable values of all county boards.	61851

(8) "County yield" of a county board means the product	61852
obtained by multiplying (a) the statewide average millage by (b)	61853
the per-mill yield of the county board.	61854

(9) "County yield per enrollee" of a county board means the	61855
quotient obtained by dividing (a) the county yield of the county	61856
board by (b) the adult enrollment of the county board.	61857

(10) "Statewide yield per enrollee" means the quotient	61858
obtained by dividing (a) the sum of the county yields of all	61859
county boards by (b) the sum of the adult enrollments of all	61860
county boards.	61861

(11) "Local tax effort for adult services" of a county board	61862
means one thousand multiplied by the quotient obtained by dividing	61863
(a) the local adult services cost of the county board by (b) the	61864
taxable value of the county board.	61865

(12) "Funding percentage" for a fiscal year means the	61866
percentage that the amount appropriated to the department for the	61867
purpose of making payments under this section in the fiscal year	61868
is of the amount computed under division (C)(3) of this section	61869
for the fiscal year.	61870

(13) "Funding-adjusted required millage" for a fiscal year	61871
means the statewide average millage multiplied by the funding	61872
percentage for that fiscal year.	61873

(B)(1) On the request of the director of mental retardation	61874
and developmental disabilities, the tax commissioner shall provide	61875
to the department of mental retardation and developmental	61876
disabilities information specifying the taxable value of property	61877
on each county's tax list of real and public utility property and	61878
tax list of personal property for the most recent tax year for	61879
which such information is available. The director may request any	61880
other tax information necessary for the purposes of this section.	61881

(2) On the request of the director, each county board shall	61882
report the county board's adult services enrollment and local	61883
adult services cost.	61884

(C) Each year, the department of mental retardation and	61885
developmental disabilities shall compute the following:	61886

(1) For each county board, the amount, if any, by which the	61887
statewide yield per enrollee exceeds the county yield per	61888
enrollee;	61889

(2) For each county board, the amount of any excess computed	61890
under division (C)(1) of this section multiplied by the adult	61891
services enrollment of the county board;	61892

(3) The sum of the amounts computed under division (C)(2) of	61893
this section for all county boards.	61894

(D) From money appropriated for the purpose, the department,	61895
on or before the thirtieth day of September of each year, shall	61896
provide for payment to each county board of the amount computed	61897
for that county board under division (C)(2) of this section,	61898
subject to any reduction or adjustment under division (E), (F), or	61899
(G) of this section. The department shall make the payments in	61900
quarterly installments of equal amounts. The installments shall be	61901
made not later than the thirtieth day of September, thirty-first	61902
day of December, thirty-first day of March, and thirtieth day of	61903
June.	61904

(E) If a county board's local tax effort for adult services	61905
is less than the funding-adjusted required millage, the director	61906
shall reduce the amount of payment otherwise computed under	61907
division (C)(2) of this section so that the amount paid, after the	61908
reduction, is the same percentage of the amount computed under	61909
division (C)(2) of this section as the county board's local tax	61910
effort for adult services is of the funding-adjusted required	61911
millage.	61912

If the director reduces the amount of a county board's	61913
payment under this division, the department, not later than the	61914
fifteenth day of July, shall notify the county board of the	61915
reduction and the amount of the reduction. The notice shall	61916
include a statement that the county board may request to be	61917
exempted from the reduction by filing a request with the director,	61918
in the manner and form prescribed by the director, within	61919
twenty-one days after such notification is issued. The board may	61920
present evidence of its attempt to obtain passage of levies or any	61921
other extenuating circumstances the board considers relevant. If	61922
the county board requests a hearing before the director to present	61923
such evidence, the director shall conduct a hearing on the request	61924
unless the director exempts the board from the reduction on the	61925
basis of the evidence presented in the request filed by the board.	61926
Upon receiving a properly and timely filed request for exemption,	61927
but not later than the thirty-first day of August, the director	61928
shall determine whether the county board shall be exempted from	61929
all or a part of the reduction. The director may exempt the board	61930
from all or part of the reduction if the director finds that the	61931
board has made good faith efforts to obtain passage of tax levies	61932
or that there are extenuating circumstances.	61933

(F) If a payment is reduced under division (E) of this	61934
section and the director does not exempt the county board from the	61935
reduction, the amount of the reduction shall be apportioned among	61936
all county boards entitled to payments under this section for	61937
which payments were not so reduced. The amount apportioned to each	61938
county board shall be proportionate to the amount of the board's	61939
payment as computed under division (C)(2) of this section.	61940

(G) If, for any fiscal year, the amount appropriated to the	61941
department for the purpose of this section is less than the amount	61942
computed under division (C)(3) of this section for the fiscal	61943
year, the department shall adjust the amount of each payment as	61944
computed under divisions (C)(2), (E), and (F) of this section by	61945
multiplying that amount by the funding percentage.	61946

(H) The payments authorized by this section are supplemental	61947
to all other funds that may be received by a county board. A	61948
county board shall use the payments solely to pay the nonfederal	61949
share of medicaid expenditures that division (A) of section	61950
5126.057 of the Revised Code requires the county board to pay.	61951

Sec. 5126.44.  (A) The department of mental retardation and	61952
developmental disabilities, in accordance with Chapter 119. of the	61953
Revised Code, shall adopt rules for making allocations for	61954
counties and distributing to county boards of mental retardation	61955
and developmental disabilities money to be used for planning,	61956
development, contracting for, and providing supported living. The	61957
rules shall provide for an allocation to be made for each county	61958
on an equitable basis, taking into account any factors that	61959
indicate need for supported living for residents of the county.	61960

(B) The department shall annually allocate for each county an	61961
amount determined in accordance with the rules adopted under this	61962
section. Except as provided in division (C) of this section, the	61963
department shall distribute the amount allocated for the county to	61964
each county board. Money shall be distributed to county boards in	61965
twoquarterly installments annually, which shall be paid no later	61966
than the last day of July and the last day of Decemberthirtieth	61967
day of September, the thirty-first day of December, the	61968
thirty-first day of March, and the thirtieth day of June. In the	61969
case of a county that has not adopted a resolution under division	61970
(B) of section 5126.40 of the Revised Code, the department shall	61971
use the money allocated for the county to provide supported living	61972
under section 5123.182 of the Revised Code.	61973

(C) The department shall not distribute money to a county	61974
board for residential services that are being provided by a	61975
provider under contract with the department on the effective date	61976
of this amendment unless the provider and the county board agree	61977
to enter into a contract between the provider and the county board	61978
under which the provider will provide the services as supported	61979
living. If the conversion of a contract occurs under this	61980
division, the provisions of section 5126.451 shall apply as though	61981
the contract was transferred under that section.	61982

(D) Pursuant to section 5126.05 of the Revised Code, the	61983
county board shall annually adopt a separate budget for money	61984
distributed to it under this section. The board shall cause the	61985
money to be deposited in a fund created pursuant to division (F)	61986
of section 5705.09 of the Revised Code which shall be known as the	61987
"community mental retardation and developmental disabilities	61988
residential services and supported living fund." The fund shall	61989
consist of this money and any other money for residential services	61990
or supported living that the board causes to be deposited in the	61991
fund. A county board is not required to use any other money for	61992
residential services or supported living. A county board may	61993
establish a reserve balance account within this fund pursuant to	61994
division (C)(2) of section 5705.28 of the Revised Code.	61995

(E) The department of mental retardation and developmental	61996
disabilities may adopt rules under Chapter 119. of the Revised	61997
Code establishing procedures for an annual reconciliation of state	61998
funds that have been deposited in the reserve balance account. The	61999
rules may provide for the return of state funds to the appropriate	62000
department account when the funds have been unexpended for a	62001
period of two years.	62002

(F) A county board may use up to ten per cent of the amount	62003
distributed to it under this section for the administrative costs	62004
of developing, arranging, and contracting for supported living and	62005
for costs of staff training and support. Annually, each county	62006
board shall report to the department all revenue and expenditures	62007
pertaining to supported living. The report shall be made in	62008
conjunction with the annual report of expenditures submitted	62009
pursuant to section 5126.12 of the Revised Code. The report shall	62010
list the names of the individuals served, the total number of	62011
individuals served on a monthly basis in the preceding calendar	62012
year, the types of services provided, the total cost of the	62013
services, and the sources of revenue used to cover the cost.	62014

Sec. 5139.01.  (A) As used in this chapter:

62015

(1) "Commitment" means the transfer of the physical custody	62016
of a child or youth from the court to the department of youth	62017
services.	62018

(2) "Permanent commitment" means a commitment that vests	62019
legal custody of a child in the department of youth services.	62020

(3) "Legal custody," insofar as it pertains to the status	62021
that is created when a child is permanently committed to the	62022
department of youth services, means a legal status in which the	62023
department has the following rights and responsibilities: the	62024
right to have physical possession of the child; the right and duty	62025
to train, protect, and control the child; the responsibility to	62026
provide the child with food, clothing, shelter, education, and	62027
medical care; and the right to determine where and with whom the	62028
child shall live, subject to the minimum periods of, or periods	62029
of, institutional care prescribed in sections 2152.13 to 2152.18	62030
of the Revised Code; provided, that these rights and	62031
responsibilities are exercised subject to the powers, rights,	62032
duties, and responsibilities of the guardian of the person of the	62033
child, and subject to any residual parental rights and	62034
responsibilities.	62035

(4) Unless the context requires a different meaning,	62036
"institution" means a state facility that is created by the	62037
general assembly and that is under the management and control of	62038
the department of youth services or a private entity with which	62039
the department has contracted for the institutional care and	62040
custody of felony delinquents.	62041

(5) "Full-time care" means care for twenty-four hours a day	62042
for over a period of at least two consecutive weeks.	62043

(6) "Placement" means the conditional release of a child	62044
under the terms and conditions that are specified by the	62045
department of youth services. The department shall retain legal	62046
custody of a child released pursuant to division (C) of section	62047
2152.22 of the Revised Code or division (C) of section 5139.06 of	62048
the Revised Code until the time that it discharges the child or	62049
until the legal custody is terminated as otherwise provided by	62050
law.	62051

(7) "Home placement" means the placement of a child in the	62052
home of the child's parent or parents or in the home of the	62053
guardian of the child's person.	62054

(8) "Discharge" means that the department of youth services'	62055
legal custody of a child is terminated.	62056

(9) "Release" means the termination of a child's stay in an	62057
institution and the subsequent period during which the child	62058
returns to the community under the terms and conditions of	62059
supervised release.	62060

(10) "Delinquent child" has the same meaning as in section	62061
2152.02 of the Revised Code.	62062

(11) "Felony delinquent" means any child who is at least	62063
twelveten years of age but less than eighteen years of age and	62064
who is adjudicated a delinquent child for having committed an act	62065
that if committed by an adult would be a felony. "Felony	62066
delinquent" includes any adult who is between the ages of eighteen	62067
and twenty-one and who is in the legal custody of the department	62068
of youth services for having committed an act that if committed by	62069
an adult would be a felony.	62070

(12) "Juvenile traffic offender" has the same meaning as in	62071
section 2152.02 of the Revised Code.	62072

(13) "Public safety beds" means all of the following:

62073

(a) Felony delinquents who have been committed to the	62074
department of youth services for the commission of an act, other	62075
than a violation of section 2911.01 or 2911.11 of the Revised	62076
Code, that is a category one offense or a category two offense and	62077
who are in the care and custody of an institution or have been	62078
diverted from care and custody in an institution and placed in a	62079
community corrections facility;	62080

(b) Felony delinquents who, while committed to the department	62081
of youth services and in the care and custody of an institution or	62082
a community corrections facility, are adjudicated delinquent	62083
children for having committed in that institution or community	62084
corrections facility an act that if committed by an adult would be	62085
a misdemeanor or a felony;	62086

(c) Children who satisfy all of the following:

62087

(i) They are at least twelveten years of age but less than	62088
eighteen years of age.	62089

(ii) They are adjudicated delinquent children for having	62090
committed acts that if committed by an adult would be a felony.	62091

(iii) They are committed to the department of youth services	62092
by the juvenile court of a county that has had one-tenth of one	62093
per cent or less of the statewide adjudications for felony	62094
delinquents as averaged for the past four fiscal years.	62095

(iv) They are in the care and custody of an institution or a	62096
community corrections facility.	62097

(d) Felony delinquents who, while committed to the department	62098
of youth services and in the care and custody of an institution,	62099
commit in that institution an act that if committed by an adult	62100
would be a felony, who are serving disciplinary time for having	62101
committed thatan act described in division (A)(19)(a), (b), or	62102
(c) of this section, and who have been institutionalized or	62103
institutionalized in a secure facility for the minimum period of	62104
time specified in divisions (A)(1)(b) to (e) of section 2152.16 of	62105
the Revised Code.	62106

(e) Felony delinquents who are subject to and serving a	62107
three-year period of commitment order imposed by a juvenile court	62108
pursuant to divisions (A) and (B) of section 2152.17 of the	62109
Revised Code for an act, other than a violation of section 2911.11	62110
of the Revised Code, that would be a category one offense or	62111
category two offense if committed by an adult.	62112

(f) Felony delinquents who are described in divisions	62113
(A)(13)(a) to (e) of this section, who have been granted a	62114
judicial release to court supervision under division (B) of	62115
section 2152.22 of the Revised Code or a judicial release to the	62116
department of youth services supervision under division (C) of	62117
that section from the commitment to the department of youth	62118
services for the act described in divisions (A)(13)(a) to (e) of	62119
this section, who have violated the terms and conditions of that	62120
release, and who, pursuant to an order of the court of the county	62121
in which the particular felony delinquent was placed on release	62122
that is issued pursuant to division (D) of section 2152.22 of the	62123
Revised Code, have been returned to the department for	62124
institutionalization or institutionalization in a secure facility.	62125

(g) Felony delinquents who have been committed to the custody	62126
of the department of youth services, who have been granted	62127
supervised release from the commitment pursuant to section 5139.51	62128
of the Revised Code, who have violated the terms and conditions of	62129
that supervised release, and who, pursuant to an order of the	62130
court of the county in which the particular child was placed on	62131
supervised release issued pursuant to division (F) of section	62132
5139.52 of the Revised Code, have had the supervised release	62133
revoked and have been returned to the department for	62134
institutionalization. A felony delinquent described in this	62135
division shall be a public safety bed only for the time during	62136
which the felony delinquent is institutionalized as a result of	62137
the revocation subsequent to the initial thirty-day period of	62138
institutionalization required by division (F) of section 5139.52	62139
of the Revised Code.	62140

(14) "State target youth" means twenty-five per cent of the	62141
projected total number of felony delinquents for each year of a	62142
biennium, factoring in revocations and recommitments.	62143

(15) Unless the context requires a different meaning,	62144
"community corrections facility" means a county or multicounty	62145
rehabilitation center for felony delinquents who have been	62146
committed to the department of youth services and diverted from	62147
care and custody in an institution and placed in the	62148
rehabilitation center pursuant to division (E) of section 5139.36	62149
of the Revised Code.	62150

(16)(15) "Secure facility" means any facility that is	62151
designed and operated to ensure that all of its entrances and	62152
exits are under the exclusive control of its staff and to ensure	62153
that, because of that exclusive control, no child who has been	62154
institutionalized in the facility may leave the facility without	62155
permission or supervision.	62156

(17)(16) "Community residential program" means a program that	62157
satisfies both of the following:	62158

(a) It is housed in a building or other structure that has no	62159
associated major restraining construction, including, but not	62160
limited to, a security fence.	62161

(b) It provides twenty-four-hour care, supervision, and	62162
programs for felony delinquents who are in residence.	62163

(18)(17) "Category one offense" and "category two offense"	62164
have the same meanings as in section 2151.26 of the Revised Code.	62165

(19)(18) "Disciplinary time" means additional time that the	62166
department of youth services requires a felony delinquent to serve	62167
in an institution, that delays the person's or felony delinquent's	62168
planned release, and that the department imposes upon the person	62169
or felony delinquent following the conduct of an internal due	62170
process hearing for having committed any of the following acts	62171
while committed to the department and in the care and custody of	62172
an institution:	62173

(a) An act that if committed by an adult would be a felony;

62174

(b) An act that if committed by an adult would be a	62175
misdemeanor;	62176

(c) An act that is not described in division (A)(19)(18)(a)	62177
or (b) of this section and that violates an institutional rule of	62178
conduct of the department.	62179

(20)(19) "Unruly child" has the same meaning as in section	62180
2151.022 of the Revised Code.	62181

(21)(20) "Revocation" means the act of revoking a child's	62182
supervised release for a violation of a term or condition of the	62183
child's supervised release in accordance with section 5139.52 of	62184
the Revised Code.	62185

(22)(21) "Release authority" means the release authority of	62186
the department of youth services that is established by section	62187
5139.50 of the Revised Code.	62188

(23)(22) "Supervised release" means the event of the release	62189
of a child under this chapter from an institution and the period	62190
after that release during which the child is supervised and	62191
assisted by an employee of the department of youth services under	62192
specific terms and conditions for reintegration of the child into	62193
the community.	62194

(24)(23) "Victim" means the person identified in a police	62195
report, complaint, or information as the victim of an act that	62196
would have been a criminal offense if committed by an adult and	62197
that provided the basis for adjudication proceedings resulting in	62198
a child's commitment to the legal custody of the department of	62199
youth services.	62200

(25)(24) "Victim's representative" means a member of the	62201
victim's family or another person whom the victim or another	62202
authorized person designates in writing, pursuant to section	62203
5139.56 of the Revised Code, to represent the victim with respect	62204
to proceedings of the release authority of the department of youth	62205
services and with respect to other matters specified in that	62206
section.	62207

(26)(25) "Member of the victim's family" means a spouse,	62208
child, stepchild, sibling, parent, stepparent, grandparent, other	62209
relative, or legal guardian of a child but does not include a	62210
person charged with, convicted of, or adjudicated a delinquent	62211
child for committing a criminal or delinquent act against the	62212
victim or another criminal or delinquent act arising out of the	62213
same conduct, criminal or delinquent episode, or plan as the	62214
criminal or delinquent act committed against the victim.	62215

(27)(26) "Judicial release to court supervision" means a	62216
release of a child from institutional care or institutional care	62217
in a secure facility that is granted by a court pursuant to	62218
division (B) of section 2152.22 of the Revised Code during the	62219
period specified in that division.	62220

(28)(27) "Judicial release to department of youth services	62221
supervision" means a release of a child from institutional care or	62222
institutional care in a secure facility that is granted by a court	62223
pursuant to division (C) of section 2152.22 of the Revised Code	62224
during the period specified in that division.	62225

(29)(28) "Juvenile justice system" includes all of the	62226
functions of the juvenile courts, the department of youth	62227
services, any public or private agency whose purposes include the	62228
prevention of delinquency or the diversion, adjudication,	62229
detention, or rehabilitation of delinquent children, and any of	62230
the functions of the criminal justice system that are applicable	62231
to children.	62232

(30)(29) "Metropolitan county criminal justice services	62233
agency" means an agency that is established pursuant to division	62234
(A) of section 181.54 of the Revised Code.	62235

(31)(30) "Administrative planning district" means a district	62236
that is established pursuant to division (A) or (B) of section	62237
181.56 of the Revised Code.	62238

(32)(31) "Criminal justice coordinating council" means a	62239
criminal justice services agency that is established pursuant to	62240
division (D) of section 181.56 of the Revised Code.	62241

(33)(32) "Comprehensive plan" means a document that	62242
coordinates, evaluates, and otherwise assists, on an annual or	62243
multi-year basis, all of the functions of the juvenile justice	62244
systems of the state or a specified area of the state, that	62245
conforms to the priorities of the state with respect to juvenile	62246
justice systems, and that conforms with the requirements of all	62247
federal criminal justice acts. These functions include, but are	62248
not limited to, all of the following:	62249

(a) Delinquency;

62250

(b) Identification, detection, apprehension, and detention of	62251
persons charged with delinquent acts;	62252

(c) Assistance to crime victims or witnesses, except that the	62253
comprehensive plan does not include the functions of the attorney	62254
general pursuant to sections 109.91 and 109.92 of the Revised	62255
Code;	62256

(d) Adjudication or diversion of persons charged with	62257
delinquent acts;	62258

(e) Custodial treatment of delinquent children;

62259

(f) Institutional and noninstitutional rehabilitation of	62260
delinquent children.	62261

(B) There is hereby created the department of youth services.	62262
The governor shall appoint the director of the department with the	62263
advice and consent of the senate. The director shall hold office	62264
during the term of the appointing governor but subject to removal	62265
at the pleasure of the governor. Except as otherwise authorized in	62266
section 108.05 of the Revised Code, the director shall devote the	62267
director's entire time to the duties of the director's office and	62268
shall hold no other office or position of trust or profit during	62269
the director's term of office.	62270

The director is the chief executive and administrative	62271
officer of the department and has all the powers of a department	62272
head set forth in Chapter 121. of the Revised Code. The director	62273
may adopt rules for the government of the department, the conduct	62274
of its officers and employees, the performance of its business,	62275
and the custody, use, and preservation of the department's	62276
records, papers, books, documents, and property. The director	62277
shall be an appointing authority within the meaning of Chapter	62278
124. of the Revised Code. Whenever this or any other chapter or	62279
section of the Revised Code imposes a duty on or requires an	62280
action of the department, the duty or action shall be performed by	62281
the director or, upon the director's order, in the name of the	62282
department.	62283

Sec. 5139.04.  The department of youth services shall do all	62284
of the following:	62285

(A) Support service districts through a central	62286
administrative office that shall have as its administrative head a	62287
deputy director who shall be appointed by the director of the	62288
department. When a vacancy occurs in the office of that deputy	62289
director, an assistant deputy director shall act as that deputy	62290
director until the vacancy is filled. The position of deputy	62291
director and assistant deputy director described in this division	62292
shall be in the unclassified civil service of the state.	62293

(B) Receive custody of all children committed to it under	62294
Chapter 2152. of the Revised Code, cause a study to be made of	62295
those children, and issue any orders, as it considers best suited	62296
to the needs of any of those children and the interest of the	62297
public, for the treatment of each of those children;	62298

(C) Obtain personnel necessary for the performance of its	62299
duties;	62300

(D) Train or provide for training of probation and youth	62301
correction workers;	62302

(E) Adopt rules that regulate its organization and operation,	62303
that implement sections 5139.34 and 5139.41 to 5139.455139.43 of	62304
the Revised Code, and that pertain to the administration of other	62305
sections of this chapter;	62306

(F)(E) Submit reports of its operations to the governor and	62307
the general assembly by the thirty-first day of January of each	62308
odd-numbered year;	62309

(G)(F) Conduct a program of research in diagnosis, training,	62310
and treatment of delinquent children to evaluate the effectiveness	62311
of the department's services and to develop more adequate methods;	62312

(H) Receive reports from the juvenile courts under division	62313
(C)(3)(b) of section 5139.43 of the Revised Code and prepare an	62314
annual report of state juvenile court statistics and information	62315
based upon those reports. The department shall make available a	62316
copy of the annual report to the governor and members of the	62317
general assembly upon request.	62318

(I)(G) Develop a standard form for the disposition	62319
investigation report that a juvenile court is required pursuant to	62320
section 2152.18 of the Revised Code to complete and provide to the	62321
department when the court commits a child to the legal custody of	62322
the department;	62323

(J)(H) Do all other acts necessary or desirable to carry out	62324
this chapter.	62325

Sec. 5139.33.  (A) The department of youth services shall	62326
make grants in accordance with this section to encourage counties	62327
to use community-based programs and services for juveniles who are	62328
adjudicated delinquent children for the commission of acts that	62329
would be felonies if committed by an adult.	62330

(B) Each county seeking a grant under this section shall file	62331
an application with the department of youth services. The	62332
application shall be filed at the time and in accordance with	62333
procedures established by the department in rules adopted under	62334
this section. Each application shall be accompanied by a plan	62335
designed to reduce the county's commitment percentage, or to	62336
enable it to maintain or attain a commitment percentage that is	62337
equal to or below the statewide average commitment percentage. A	62338
county's commitment percentage is the percentage determined by	62339
dividing the number of juveniles the county committed to the	62340
department during the year by the number of juveniles who were	62341
eligible to be committed. The statewide average commitment	62342
percentage is the percentage determined by dividing the number of	62343
juveniles in the state committed to the department during the year	62344
by the number of juveniles who were eligible to be committed.	62345
These percentages shall be determined by the department using the	62346
most reliable data available to it.	62347

Each plan shall include a method of ensuring equal access for	62348
minority youth to the programs and services for which the grant	62349
will be used.	62350

The department shall review each application and plan to	62351
ensure that the requirements of this division are satisfied. Any	62352
county applying for a grant under this section that received a	62353
grant under this section during the preceding year and that failed	62354
to meet its commitment goals for that year shall make the changes	62355
in its plan that the department requires in order to continue to	62356
be eligible for grants under this section.	62357

(C) Subject to division (E) of this section, the amounts	62358
appropriated for the purpose of making grants under this section	62359
shall be distributed annually on a per capita basis among the	62360
counties that have complied with division (B) of this section.	62361

(D) The department shall adopt rules to implement this	62362
section. The rules shall include, but are not limited to,	62363
procedures and schedules for submitting applications and plans	62364
under this section, including procedures allowing joint-county	62365
applications and plans; and procedures for monitoring and	62366
evaluating the effectiveness of the programs and services financed	62367
with grant money, the enhancement of the use of local facilities	62368
and services, and the adequacy of the supervision and treatment	62369
provided to juveniles by those programs and services.	62370

(E)(1) Three months prior to the implementation of the felony	62371
delinquent care and custody program described in section 5139.43	62372
of the Revised Code, each county that is entitled to a grant under	62373
this section shall receive its grant money for the fiscal year or	62374
the remainder of its grant money for the fiscal year, other than	62375
any grant money to which it is entitled and that is set aside by	62376
the department of youth services for purposes of division (E)(2)	62377
of this section. The grant money so distributed shall be paid in a	62378
lump sum.	62379

(2) During the first twelve months that the felony delinquent	62380
care and custody program described in section 5139.43 of the	62381
Revised Code is implemented in a county, any grant or the	62382
remainder of any grant to which a county is entitled and that is	62383
payable from the appropriation made to the department of youth	62384
services for community sanctions shall be distributed as follows:	62385

(a) In the first quarter of the twelve-month period, the	62386
county shall receive one hundred per cent of the quarterly	62387
distribution.	62388

(b) In the second quarter of the twelve-month period, the	62389
county shall receive seventy-five per cent of the quarterly	62390
distribution.	62391

(c) In the third quarter of the twelve-month period, the	62392
county shall receive fifty per cent of the quarterly distribution.	62393

(d) In the fourth quarter of the twelve-month period, the	62394
county shall receive twenty-five per cent of the quarterly	62395
distribution.	62396

(3) Grant moneys received pursuant to divisions (E)(1) and	62397
(2) of this section shall be transmitted by the juvenile court of	62398
the recipient county to the county treasurer, shall be deposited	62399
by the county treasurer into the felony delinquent care and	62400
custody fund created pursuant to division (C)(B)(1) of section	62401
5139.43 of the Revised Code, and shall be used by the juvenile	62402
court in accordance with division (C)(B)(2) of that section. The	62403
grant moneys shall be in addition to, and shall not be used to	62404
reduce, any usual annual increase in county funding that the	62405
juvenile court is eligible to receive or the current level of	62406
county funding of the juvenile court and of any programs or	62407
services for delinquent children, unruly children, or juvenile	62408
traffic offenders.	62409

(4) One year after the commencement of its operation of the	62410
felony delinquent care and custody program described in section	62411
5139.43 of the Revised Code, the department shall not make any	62412
further grants under this section.	62413

Sec. 5139.34.  (A) Funds may be appropriated to the	62414
department of youth services for the purpose of granting state	62415
subsidies to counties. A county or the juvenile court that serves	62416
a county shall use state subsidies granted to the county pursuant	62417
to this section only in accordance with divisions (C)(B)(2)(a) and	62418
(3)(a) of section 5139.43 of the Revised Code and the rules	62419
pertaining to the state subsidy funds that the department adopts	62420
pursuant to division (E)(D) of section 5139.04 of the Revised	62421
Code. The department shall not grant financial assistance pursuant	62422
to this section for the provision of care and services for	62423
children in a foster careplacement facility unless the facility	62424
has been certified, licensed, or approved by a state or national	62425
agency with certification, licensure, or approval authority,	62426
including, but not limited to, the department of job and family	62427
services, department of education, department of mental health, or	62428
department of mental retardation and developmental disabilities,	62429
or American Correctional Association. For the purposes of this	62430
section, foster careplacement facilities do not include a state	62431
institution or a county or district children's home.	62432

The department also shall not grant financial assistance	62433
pursuant to this section for the provision of care and services	62434
for children, including, but not limited to, care and services in	62435
a detention facility, in another facility, or in out-of-home	62436
placement, unless the minimum standards applicable to the care and	62437
services that the department prescribes in rules adopted pursuant	62438
to division (E)(D) of section 5139.04 of the Revised Code have	62439
been satisfied.	62440

(B) The department of youth services shall apply the	62441
following formula to determine the amount of the annual grant that	62442
each county is to receive pursuant to division (A) of this	62443
section, subject to the appropriation for this purpose to the	62444
department made by the general assembly:	62445

(1) Each county shall receive a basic annual grant of fifty	62446
thousand dollars.	62447

(2) The sum of the basic annual grants provided under	62448
division (B)(1) of this section shall be subtracted from the total	62449
amount of funds appropriated to the department of youth services	62450
for the purpose of making grants pursuant to division (A) of this	62451
section to determine the remaining portion of the funds	62452
appropriated. The remaining portion of the funds appropriated	62453
shall be distributed on a per capita basis to each county that has	62454
a population of more than twenty-five thousand for that portion of	62455
the population of the county that exceeds twenty-five thousand.	62456

(C)(1) Prior to a county's receipt of an annual grant	62457
pursuant to this section, the juvenile court that serves the	62458
county shall prepare, submit, and file in accordance with division	62459
(C)(B)(3)(a) of section 5139.43 of the Revised Code an annual	62460
grant agreement and application for funding that is for the	62461
combined purposes of, and that satisfies the requirements of, this	62462
section and section 5139.43 of the Revised Code. In addition to	62463
the subject matters described in division (C)(B)(3)(a) of section	62464
5139.43 of the Revised Code or in the rules that the department	62465
adopts to implement that division, the annual grant agreement and	62466
application for funding shall address fiscal accountability and	62467
performance matters pertaining to the programs, care, and services	62468
that are specified in the agreement and application and for which	62469
state subsidy funds granted pursuant to this section will be used.	62470

(2) The county treasurer of each county that receives an	62471
annual grant pursuant to this section shall deposit the state	62472
subsidy funds so received into the county's felony delinquent care	62473
and custody fund created pursuant to division (C)(B)(1) of section	62474
5139.43 of the Revised Code. Subject to exceptions prescribed in	62475
section 5139.43 of the Revised Code that may apply to the	62476
disbursement, the department shall disburse the state subsidy	62477
funds to which each county is entitled as follows:	62478

(a) Except as provided in division (C)(2)(b) of this section,	62479
the department shall disburse the state subsidy funds to which a	62480
county is entitled in a lump sum payment that shall be made in	62481
July of each calendar year.	62482

(b) In the case of state subsidy funds to which a county is	62483
entitled for fiscal year 1998, the department shall disburse the	62484
state subsidy funds to the county in two distinct payments in	62485
accordance with this division. The department shall disburse	62486
seventy-five per cent of those state subsidy funds to the county	62487
in July 1997. After the department reviews and reconciles the	62488
applicable reports that the juvenile court of the county is	62489
required to prepare and submit to the department pursuant to	62490
section 5139.43 of the Revised Code, the department shall disburse	62491
to the county in October 1997, the remainder of the state subsidy	62492
funds to which the county is entitled.	62493

(3) Upon an order of the juvenile court that serves a county	62494
and subject to appropriation by the board of county commissioners	62495
of that county, a county treasurer shall disburse from the	62496
county's felony delinquent care and custody fund the state subsidy	62497
funds granted to the county pursuant to this section for use only	62498
in accordance with this section, the applicable provisions of	62499
section 5139.43 of the Revised Code, and the county's approved	62500
annual grant agreement and application for funding.	62501

(4) The moneys in a county's felony delinquent care and	62502
custody fund that represent state subsidy funds granted pursuant	62503
to this section are subject to appropriation by the board of	62504
county commissioners of the county; shall be disbursed by the	62505
county treasurer as required by division (C)(3) of this section;	62506
shall be used in the manners referred to in division (C)(3) of	62507
this section; shall not revert to the county general fund at the	62508
end of any fiscal year; shall carry over in the felony delinquent	62509
care and custody fund from the end of any fiscal year to the next	62510
fiscal year; shall be in addition to, and shall not be used to	62511
reduce, any usual annual increase in county funding that the	62512
juvenile court is eligible to receive or the current level of	62513
county funding of the juvenile court and of any programs, care, or	62514
services for alleged or adjudicated delinquent children, unruly	62515
children, or juvenile traffic offenders or for children who are at	62516
risk of becoming delinquent children, unruly children, or juvenile	62517
traffic offenders; and shall not be used to pay for the care and	62518
custody of felony deliquents who are in the care and custody of an	62519
institution pursuant to a commitment, recommitment, or revocation	62520
of a release on parole by the juvenile court of that county or who	62521
are in the care and custody of a community corrections facility	62522
pursuant to a placement by the department with the consent of the	62523
juvenile court as described in division (E) of section 5139.36 of	62524
the Revised Code.	62525

(5) As a condition of the continued receipt of state subsidy	62526
funds pursuant to this section, each county and the juvenile court	62527
that serves each county that receives an annual grant pursuant to	62528
this section shall comply with divisions (C)(B)(3)(b), (c), and	62529
(d) of section 5139.43 of the Revised Code.	62530

Sec. 5139.36.  (A) In accordance with this section and the	62531
rules adopted under it and from funds appropriated to the	62532
department of youth services for the purposes of this section, the	62533
department shall make grants that provide financial resources to	62534
operate community corrections facilities for felony delinquents.	62535

(B)(1) Each community corrections facility that intends to	62536
seek a grant under this section shall file an application with the	62537
department of youth services at the time and in accordance with	62538
the procedures that the department shall establish by rules	62539
adopted in accordance with Chapter 119. of the Revised Code. In	62540
addition to other items required to be included in the	62541
application, a plan that satisfies both of the following shall be	62542
included:	62543

(a) It reduces the number of felony delinquents committed to	62544
the department from the county or counties associated with the	62545
community corrections facility.	62546

(b) It ensures equal access for minority felony delinquents	62547
to the programs and services for which a potential grant would be	62548
used.	62549

(2) The department of youth services shall review each	62550
application submitted pursuant to division (B)(1) of this section	62551
to determine whether the plan described in that division, the	62552
community corrections facility, and the application comply with	62553
this section and the rules adopted under it.	62554

(C) To be eligible for a grant under this section and for	62555
continued receipt of moneys comprising a grant under this section,	62556
a community corrections facility shall satisfy at least all of the	62557
following requirements:	62558

(1) Be constructed, reconstructed, improved, or financed by	62559
the Ohio building authority pursuant to section 307.021 of the	62560
Revised Code and Chapter 152. of the Revised Code for the use of	62561
the department of youth services and be designated as a community	62562
corrections facility;	62563

(2) Have written standardized criteria governing the types of	62564
felony delinquents that are eligible for the programs and services	62565
provided by the facility;	62566

(3) Have a written standardized intake screening process and	62567
an intake committee that at least performs both of the following	62568
tasks:	62569

(a) Screens all eligible felony delinquents who are being	62570
considered for admission to the facility in lieu of commitment to	62571
the department;	62572

(b) Notifies, within ten days after the date of the referral	62573
of a felony delinquent to the facility, the committing court	62574
whether the felony delinquent will be admitted to the facility.	62575

(4) Comply with all applicable fiscal and program rules that	62576
the department adopts in accordance with Chapter 119. of the	62577
Revised Code and demonstrate that felony delinquents served by the	62578
facility have been or will be diverted from a commitment to the	62579
department.	62580

(D) The department of youth services shall determine the	62581
method of distribution of the funds appropriated for grants under	62582
this section to community corrections facilities.	62583

(E) With the consent of a committing court and of a community	62584
corrections facility that has received a grant under this section,	62585
the department of youth services may place in that facility a	62586
felony delinquent who has been committed to the department. During	62587
the period in which the felony delinquent is in that facility, the	62588
felony delinquent(1) The department of youth services shall adopt	62589
rules in accordance with Chapter 119. of the Revised Code to	62590
establish the minimum occupancy threshold of community corrections	62591
facilities.	62592

(2) The department may make referrals for the placement of	62593
children in its custody to a community corrections facility if the	62594
community corrections facility is not meeting the minimum	62595
occupancy threshold established by the department. At least	62596
forty-five days prior to the referral of a child, the department	62597
shall notify the committing court of its intent to place the child	62598
in a community corrections facility. The court shall have thirty	62599
days after the receipt of the notice to approve or disapprove the	62600
placement. If the court does not respond to the notice of the	62601
placement within that thirty-day period, the department shall	62602
proceed with the placement and debit the county in accordance with	62603
sections 5139.41 to 5139.45 of the Revised Code. A child placed in	62604
a community corrections facility pursuant to this division shall	62605
remain in the legal custody of the department of youth services	62606
during the period in which the child is in the community	62607
corrections facility.	62608

(3) Counties that are not associated with a community	62609
corrections facility may refer children to a community corrections	62610
facility with the consent of the facility. The department of youth	62611
services shall debit the county that makes the referral in	62612
accordance with sections 5139.41 to 5139.45 of the Revised Code.	62613

(F) If the board or other governing body of a community	62614
corrections facility establishes an advisory board, the board or	62615
other governing authority of the community corrections facility	62616
shall reimburse the members of the advisory board for their actual	62617
and necessary expenses incurred in the performance of their	62618
official duties on the advisory board. The members of advisory	62619
boards shall serve without compensation.	62620

Sec. 5139.41. On and after January 1, 1995, theThe	62621
appropriation made to the department of youth services for care	62622
and custody of felony delinquents shall be expended in accordance	62623
with a formulathe following procedure that the department shall	62624
developuse for each year of a biennium. The formulaprocedure	62625
shall be consistent with sections 5139.41 to 5139.455139.43 of	62626
the Revised Code and shall be developed in accordance with the	62627
following guidelines:	62628

(A) The department shall set aside at least three per cent	62629
but not more than five per cent of the appropriation for purposes	62630
of funding the contingency program described in section 5139.45 of	62631
the Revised Code and of use in accordance with that section.	62632

(B)(1) After setting aside the amount described in division	62633
(A) of this section, the department shall set aside twenty-five	62634
per cent of the remainder of the appropriation and use that amount	62635
for the purpose described in division (B)(2) of this section and	62636
to pay certain of the operational costs associated with, and to	62637
provide cash flow for, the following:	62638

(a) Institutions;

62639

(b) The diagnosis, care, or treatment of felony delinquents	62640
at institutions, facilities, or centers pursuant to contracts	62641
entered into under section 5139.08 of the Revised Code;	62642

(c) Community corrections facilities constructed,	62643
reconstructed, improved, or financed as described in section	62644
5139.36 of the Revised Code for the purpose of providing	62645
alternative placement and services for felony delinquents who have	62646
been diverted from care and custody in institutions.	62647

(2) The department may use a portion of the twenty-five per	62648
cent of the remainder of the appropriation set aside pursuant to	62649
division (B)(1) of this section for administrative expenses	62650
incurred by the department in connection with the felony	62651
delinquent care and custody program described in section 5139.43	62652
of the Revised Code and the associated contingency program	62653
described in section 5139.45 of the Revised Code.	62654

(C) After setting aside the amounts described in divisions	62655
(A) and (B)(1) of this section, the department shall set aside the	62656
amount of the appropriation that is equal to twenty-five per cent	62657
of the amount that is calculated by multiplying the per diem cost	62658
for the care and custody of felony delinquents, as determined	62659
pursuant to division (D) of section 5139.42 of the Revised Code,	62660
by the number of bed days that the department projects for	62661
occupancy in community corrections facilities described in	62662
division (B)(1)(c) of this section. The department shall use the	62663
amount of the appropriation that is set aside pursuant to this	62664
division to pay the percentage of the per diem cost for the care	62665
and custody of felony delinquents who are in the care and custody	62666
of community corrections facilities described in division	62667
(B)(1)(c) of this section for which the department is responsible	62668
under sections 5139.41 to 5139.45 of the Revised Code.	62669

(D) After setting aside the amounts described in divisions	62670
(A) to (C) of this section, the department shall set aside the	62671
amount of the appropriation that is necessary to pay seventy-five	62672
per cent of the per diem cost of public safety beds and shall use	62673
that amount for the purpose of paying that per diem cost.	62674

(E) After setting aside the amounts described in divisions	62675
(A) to (D) of this section, the department shall use the remainder	62676
of the appropriation in connection with the felony delinquent care	62677
and custody program described in section 5139.43 of the Revised	62678
Code, except that, for fiscal year 2002 and fiscal year 2003 and	62679
only for those two fiscal years, the total number of beds	62680
available to all counties via public safety beds and county	62681
allocations shall not be less than the total beds used by all the	62682
counties during fiscal year 2000 funded by care and custody	62683
chargebacks (Line Item 401) and as public safety beds.	62684

(F) If the department's appropriation for a fiscal year is	62685
subsequently revised by law or its expenditures ordered to be	62686
reduced by executive order under section 126.05 of the Revised	62687
Code, the department may adjust the amounts described in divisions	62688
(A) to (E) of this section in a manner consistent with the	62689
revision or reduction.The line item appropriation for the care	62690
and custody of felony delinquents shall provide funding for	62691
operational costs for the following:	62692

(1) Institutions and the diagnosis, care, or treatment of	62693
felony delinquents at facilities pursuant to contracts entered	62694
into under section 5139.08 of the Revised Code;	62695

(2) Community corrections facilities constructed,	62696
reconstructed, improved, or financed as described in section	62697
5139.36 of the Revised Code for the purpose of providing	62698
alternative placement and services for felony delinquents who have	62699
been diverted from care and custody in institutions;	62700

(3) County juvenile courts that administer programs and	62701
services for prevention, early intervention, diversion, treatment,	62702
and rehabilitation services and programs that are provided for	62703
alleged or adjudicated unruly or delinquent children or for	62704
children who are at risk of becoming unruly or delinquent	62705
children;	62706

(4) Administrative expenses the department incurs in	62707
connection with the felony delinquent care and custody programs	62708
described in section 5139.43 of the Revised Code.	62709

(B) From the appropriated line item for the care and custody	62710
of felony delinquents, the department, with the advice of the	62711
RECLAIM advisory committee established under section 5139.44 of	62712
the Revised Code, shall allocate annual operational funds for	62713
county juvenile programs, institutional care and custody,	62714
community corrections facilities care and custody, and	62715
administrative expenses incurred by the department associated with	62716
felony delinquent care and custody programs. The department, with	62717
the advice of the RECLAIM advisory committee, shall adjust these	62718
allocations, when modifications to this line item are made by	62719
legislative or executive action.	62720

(C) The department shall divide county juvenile program	62721
allocations among county juvenile courts that administer programs	62722
and services for prevention, early intervention, diversion,	62723
treatment, and rehabilitation that are provided for alleged or	62724
adjudicated unruly or delinquent children or for children who are	62725
at risk of becoming unruly or delinquent children. The department	62726
shall base funding on the county's previous year's ratio of the	62727
department's institutional and community correctional facilities	62728
commitments to that county's four year average of felony	62729
adjudications, divided by statewide ratios of commitments to	62730
felony adjudications, as specified in the following formula:	62731

(1) The department shall give to each county a proportional	62732
allocation of commitment credits. The proportional allocation of	62733
commitment credits shall be calculated by the following	62734
procedures:	62735

(a) The department shall determine for each county and for	62736
the state a four year average of felony adjudications.	62737

(b) The department shall determine for each county and for	62738
the state the number of charged bed days, for both the department	62739
and community correctional facilities, from the previous year.	62740

(c) The department shall divide the statewide total number of	62741
charged bed days by the statewide total number of felony	62742
adjudications, which quotient shall then be multiplied by a factor	62743
determined by the department.	62744

(d) The department shall calculate the county's allocation of	62745
credits by multiplying the number of adjudications for each court	62746
by the result determined pursuant to division (C)(1)(c) of this	62747
section.	62748

(2) The department shall subtract from the allocation	62749
determined pursuant to division (C)(1) of this section a credit	62750
for every chargeable bed day a youth stays in a department	62751
institution and two-thirds of credit for every chargeable bed day	62752
a youth stays in a community correctional facility. At the end of	62753
the year, the department shall divide the amount of remaining	62754
credits of that county's allocation by the total number of	62755
remaining credits to all counties, to determine the county's	62756
percentage, which shall then be applied to the total county	62757
allocation to determine the county's payment for the fiscal year.	62758

(3) The department shall pay counties three times during the	62759
fiscal year to allow for credit reporting and audit adjustments,	62760
and modifications to the appropriated line item for the care and	62761
custody of felony delinquents, as described in this section. The	62762
department shall pay fifty per cent of the payment by the	62763
fifteenth of July of each fiscal year, twenty-five per cent by the	62764
fifteenth of January of that fiscal year, and twenty-five per cent	62765
of the payment by the fifteenth of June of that fiscal year.	62766

(D) In fiscal year 2004, the payment of county juvenile	62767
programs shall be based on the following procedure:	62768

(1) The department shall divide the funding earned by each	62769
court in fiscal year 2003 by the aggregate funding of all courts,	62770
resulting in a percentage.	62771

(2) The department shall apply the percentage determined	62772
under division (D)(1) of this section to the total county juvenile	62773
program allocation for fiscal year 2004 to determine each court's	62774
total payment.	62775

(3) The department shall make payments in accordance with the	62776
schedule established in division (C)(3) of this section.	62777

Sec. 5139.43.  (A) The department of youth services shall	62778
operate a felony delinquent care and custody program with the	62779
remainder of the appropriation described in division (E) of	62780
section 5139.41 of the Revised Code. The programthat shall be	62781
operated in accordance with the formula developed pursuant to	62782
sectionssection 5139.41 and 5139.42 of the Revised Code, subject	62783
to the conditions specified in this section, and in conjunction	62784
with the contingency program described in section 5139.45 of the	62785
Revised Code.	62786

(B)(1) The department of youth services annually shall	62787
allocate to each county a portion of the remainder of the	62788
appropriation described in division (E) of section 5139.41 of the	62789
Revised Code. The portion to be allocated to each county shall be	62790
determined by multiplying the county's percentage determined under	62791
division (E) of section 5139.42 of the Revised Code by the amount	62792
of that remainder. The department shall divide the portion to be	62793
allocated to each county by twelve or, if in a particular fiscal	62794
year the felony delinquent care and custody program is in effect	62795
in a county less than twelve months, by the number of months the	62796
program is in effect in that county to determine the monthly	62797
allocation to that county.	62798

(2)(a) Except as provided in divisions (B)(2)(b) and (E) of	62799
this section, the department shall reduce the monthly allocation	62800
for each fiscal year to each county as determined under division	62801
(B)(1) of this section by both of the following:	62802

(i) Seventy-five per cent of the amount determined by	62803
multiplying the per diem cost for the care and custody of felony	62804
delinquents, as determined pursuant to division (D) of section	62805
5139.42 of the Revised Code, by the number of felony delinquents	62806
who have been adjudicated delinquent children and, except as	62807
otherwise provided in divisions (B)(2)(a) and (3) of this section,	62808
who are in the care and custody of an institution pursuant to a	62809
commitment, recommitment, or revocation of a release by the	62810
juvenile court of that county;	62811

(ii) Fifty per cent of the amount determined by multiplying	62812
the per diem cost for the care and custody of felony delinquents,	62813
as determined pursuant to division (D) of section 5139.42 of the	62814
Revised Code, by the number of felony delinquents who have been	62815
adjudicated delinquent children and, except as otherwise provided	62816
in division (B)(3) of this section, who are in the care and	62817
custody of a community corrections facility pursuant to a	62818
placement by the department with the consent of the juvenile court	62819
of that county as described in division (E) of section 5139.36 of	62820
the Revised Code.	62821

Public safety beds shall not be included in the number of	62822
felony delinquents who have been adjudicated delinquent children	62823
by a juvenile court in making the seventy-five per cent reduction	62824
described in division (B)(2)(a)(i) of this section. The department	62825
shall bear the care and custody costs associated with public	62826
safety beds.	62827

(b) If a county has exhausted its current and future monthly	62828
allocations for the current fiscal year as determined under	62829
division (B)(1) of this section, the department shall bear the	62830
remainder of the amounts calculated under divisions (B)(2)(a)(i)	62831
and (ii) of this section for the care and custody of felony	62832
delinquents who are in the care and custody of an institution	62833
pursuant to a commitment, recommitment, or revocation of a release	62834
or in the care and custody of a community corrections facility by	62835
debiting, in accordance with division (C)(2) of section 5139.45 of	62836
the Revised Code, the amount of the appropriation for care and	62837
custody of felony delinquents that was set aside for the	62838
contingency program pursuant to division (A) of section 5139.41 of	62839
the Revised Code.	62840

(3)(a) Subject to divisions (B)(2)(b) and (4) and (C)(3)(b)	62841
and (c) of this section and subject to the special provisions of	62842
division (B)(3)(b) of this section pertaining to monthly	62843
allocations under divisions (B)(1) and (2)(a) of this section for	62844
the month of June, after the application of division (B)(2)(a) of	62845
this section and on or before the fifteenth day of the following	62846
month, the department shall disburse to the juvenile court of each	62847
county the remainder of the monthly allocation of that county as	62848
determined pursuant to divisions (B)(1) and (2)(a) of this	62849
section.	62850

(b)(i) For the monthly allocation for the month of June of	62851
each fiscal year, the department shall estimate for each county	62852
the number of felony delinquents described in divisions	62853
(B)(2)(a)(i) and (ii) of this section rather than use the actual	62854
number of those felony delinquents, shall use the estimated number	62855
of those felony delinquents in making the seventy-five per cent	62856
and fifty per cent reductions described in those divisions, and	62857
shall encumber the remainder of the estimated monthly allocation	62858
of each county for the month of June, as determined pursuant to	62859
divisions (B)(1), (2)(a), and (3)(b)(i) of this section, for	62860
disbursement in the month of July of the next fiscal year in	62861
accordance with division (B)(3)(b)(ii) of this section. If the	62862
total of the seventy-five per cent and fifty per cent reductions	62863
described in division (B)(2)(a) of this section exceeds the	62864
estimated monthly allocation of a county for the month of June as	62865
so determined, the department may cover the amount of the excess	62866
by debiting, in accordance with division (C)(2) of section 5139.45	62867
of the Revised Code, the amount of the appropriation for care and	62868
custody of felony delinquents that was set aside for the	62869
contingency program pursuant to division (A) of section 5139.41 of	62870
the Revised Code.	62871

(ii) In the month of July of each new fiscal year, the	62872
department shall reconcile for each county the estimated	62873
reductions that occurred pursuant to divisions (B)(2)(a) and	62874
(3)(b)(i) of this section and the reductions that should have	62875
occurred pursuant to division (B)(2)(a) of this section by using	62876
the actual number of felony delinquents described in divisions	62877
(B)(2)(a)(i) and (ii) of this section for the month of June of the	62878
prior fiscal year. After that reconciliation occurs, subject to	62879
divisions (B)(2)(b) and (4) and (C)(3)(b) and (c) of this section,	62880
the department shall disburse to each county the remainder of its	62881
monthly allocation for the month of June of the prior fiscal year	62882
as adjusted pursuant to the reconciliation and division	62883
(B)(3)(b)(ii) of this section.	62884

In connection with the adjustments in the monthly allocations	62885
for the month of June of the prior fiscal year, if the encumbered	62886
monthly allocations of one or more counties for that month exceed	62887
or are less than the monthly allocations for that month to which	62888
those counties are entitled under divisions (B)(1) and (2)(a) of	62889
this section by using the actual number of felony delinquents	62890
described in divisions (B)(2)(a)(i) and (ii) of this section	62891
rather than the estimated number of those felony delinquents, the	62892
department may make the necessary adjustments in the monthly	62893
allocations of those counties for the month of June of the prior	62894
fiscal year within the total of the moneys for monthly allocations	62895
for that month that were encumbered for all of the counties. If	62896
that total amount is insufficient to make the requisite monthly	62897
allocations for that month to all counties in accordance with	62898
divisions (B)(1) and (2)(a) of this section, the department shall	62899
cover the insufficiency by debiting, in accordance with division	62900
(C)(2) of section 5139.45 of the Revised Code, the amount of the	62901
appropriation for care and custody of felony delinquents that was	62902
set aside for the contingency program pursuant to division (A) of	62903
section 5139.41 of the Revised Code.	62904

(4) Notwithstanding the general disbursement requirements of	62905
division (B)(3)(a) and (b)(ii) of this section, if a juvenile	62906
court fails to comply with division (C)(3)(d) of this section and	62907
the department is not able to reconcile fiscal accounting as a	62908
consequence of that failure, the department is not required to	62909
make any disbursement in accordance with division (B)(3)(a) or	62910
(b)(ii) of this section to the juvenile court until it complies	62911
with division (C)(3)(d) of this section.	62912

(C)(1) Each juvenile court shall use the moneys disbursed to	62913
it by the department of youth services pursuant to division (B) of	62914
this section 5139.41 of the Revised Code in accordance with the	62915
applicable provisions of division (C)(B)(2) of this section and	62916
shall transmit the moneys to the county treasurer for deposit in	62917
accordance with this division. The county treasurer shall create	62918
in the county treasury a fund that shall be known as the felony	62919
delinquent care and custody fund and shall deposit in that fund	62920
the moneys disbursed to the juvenile court pursuant to division	62921
(B) of this section 5139.41 of the Revised Code. The county	62922
treasurer also shall deposit into that fund the state subsidy	62923
funds granted to the county pursuant to section 5139.34 of the	62924
Revised Code. The moneys disbursed to the juvenile court pursuant	62925
to division (B) of this section 5139.41 of the Revised Code and	62926
deposited pursuant to this division in the felony delinquent care	62927
and custody fund shall not be commingled with any other county	62928
funds except state subsidy funds granted to the county pursuant to	62929
section 5139.34 of the Revised Code; shall not be used for any	62930
capital construction projects; upon an order of the juvenile court	62931
and subject to appropriation by the board of county commissioners,	62932
shall be disbursed to the juvenile court for use in accordance	62933
with the applicable provisions of division (C)(B)(2) of this	62934
section; shall not revert to the county general fund at the end of	62935
any fiscal year; and shall carry over in the felony delinquent	62936
care and custody fund from the end of any fiscal year to the next	62937
fiscal year. The moneys disbursed to the juvenile court pursuant	62938
to division (B) of this section 5139.41 of the Revised Code and	62939
deposited pursuant to this division in the felony delinquent care	62940
and custody fund shall be in addition to, and shall not be used to	62941
reduce, any usual annual increase in county funding that the	62942
juvenile court is eligible to receive or the current level of	62943
county funding of the juvenile court and of any programs or	62944
services for delinquent children, unruly children, or juvenile	62945
traffic offenders.	62946

(2)(a) A county and the juvenile court that serves the county	62947
shall use the moneys in its felony delinquent care and custody	62948
fund in accordance with rules that the department of youth	62949
services adopts pursuant to division (E)(D) of section 5139.04 of	62950
the Revised Code and as follows:	62951

(i) The moneys in the fund that represent state subsidy funds	62952
granted to the county pursuant to section 5139.34 of the Revised	62953
Code shall be used to aid in the support of prevention, early	62954
intervention, diversion, treatment, and rehabilitation programs	62955
that are provided for alleged or adjudicated unruly children or	62956
delinquent children or for children who are at risk of becoming	62957
unruly children or delinquent children. The county shall not use	62958
for capital improvements more than fifteen per cent of the moneys	62959
in the fund that represent the applicable annual grant of those	62960
state subsidy funds.	62961

(ii) The moneys in the fund that were disbursed to the	62962
juvenile court pursuant to division (B) of this section 5139.41 of	62963
the Revised Code and deposited pursuant to division (C)(B)(1) of	62964
this section in the fund shall be used to provide programs and	62965
services for the training, treatment, or rehabilitation of felony	62966
delinquents that are alternatives to their commitment to the	62967
department, including, but not limited to, community residential	62968
programs, day treatment centers, services within the home, and	62969
electronic monitoring, and shall be used in connection with	62970
training, treatment, rehabilitation, early intervention, or other	62971
programs or services for any delinquent child, unruly child, or	62972
juvenile traffic offender who is under the jurisdiction of the	62973
juvenile court. For purposes of division (C)(2)(a)(ii) of this	62974
section, a delinquent child includes a child who is so adjudicated	62975
for the commission of an act that if committed by an adult would	62976
be a misdemeanor or felony.	62977

If, during the previous state fiscal year, the county did not	62978
exceed in any month its monthly allocation as determined pursuant	62979
to division (B)(1) of this section in connection with felony	62980
delinquents described in divisions (B)(2)(a)(i) and (ii) of this	62981
section, the moneys in the fund that were disbursed to the	62982
juvenile court pursuant to division (B) of this section and	62983
deposited pursuant to division (C)(1) of this section in theThe	62984
fund also may be used for prevention, early intervention,	62985
diversion, treatment, and rehabilitation programs that are	62986
provided for alleged or adjudicated unruly children, delinquent	62987
children, or juvenile traffic offenders or for children who are at	62988
risk of becoming unruly children, delinquent children, or juvenile	62989
traffic offenders. Consistent with division (C)(B)(1) of this	62990
section, a county and the juvenile court of a county shall not use	62991
any of those moneys for capital construction projects.	62992

(iii) The county and the juvenile court that serves the	62993
county may not use moneys in the fund for the provision of care	62994
and services for children, including, but not limited to, care and	62995
services in a detention facility, in another facility, or in	62996
out-of-home placement, unless the minimum standards that apply to	62997
the care and services and that the department prescribes in rules	62998
adopted pursuant to division (E)(D) of section 5139.04 of the	62999
Revised Code have been satisfied.	63000

(b) Each juvenile court shall comply with division	63001
(C)(B)(3)(d) of this section as implemented by the department. If	63002
a juvenile court fails to comply with that division and the	63003
department is not able to reconcile fiscal accounting as a	63004
consequence of the failure, the provisions of division (B)(4) of	63005
this section shall apply.	63006

(3) In accordance with rules adopted by the department	63007
pursuant to division (E)(D) of section 5139.04 of the Revised	63008
Code, each juvenile court and the county served by that juvenile	63009
court shall do all of the following that apply:	63010

(a) The juvenile court shall prepare an annual grant	63011
agreement and application for funding that satisfies the	63012
requirements of this section and section 5139.34 of the Revised	63013
Code and that pertains to the use, upon an order of the juvenile	63014
court and subject to appropriation by the board of county	63015
commissioners, of the moneys in its felony delinquent care and	63016
custody fund for specified programs, care, and services as	63017
described in division (C)(B)(2)(a) of this section, shall submit	63018
that agreement and application to the county family and children	63019
first council, the regional family and children first council, or	63020
the local intersystem services to children cluster as described in	63021
sections 121.37 and 121.38 of the Revised Code, whichever is	63022
applicable, and shall file that agreement and application with the	63023
department for its approval. The annual grant agreement and	63024
application for funding shall include a method of ensuring equal	63025
access for minority youth to the programs, care, and services	63026
specified in it.	63027

The department may approve an annual grant agreement and	63028
application for funding only if the juvenile court involved has	63029
complied with the preparation, submission, and filing requirements	63030
described in division (C)(B)(3)(a) of this section. If the	63031
juvenile court complies with those requirements and the department	63032
approves that agreement and application, the juvenile court and	63033
the county served by the juvenile court may expend the state	63034
subsidy funds granted to the county pursuant to section 5139.34 of	63035
the Revised Code only in accordance with division (C)(B)(2)(a) of	63036
this section, the rules pertaining to state subsidy funds that the	63037
department adopts pursuant to division (E)(D) of section 5139.04	63038
of the Revised Code, and the approved agreement and application.	63039

(b) By the thirty-first day of August of each year, the	63040
juvenile court shall file with the department a report that	63041
contains all of the statistical and other information for each	63042
month of the prior state fiscal year that will permit the	63043
department to prepare the report described in division (D) of this	63044
section and the annual report described in division (H) of section	63045
5139.04 of the Revised Code. If the juvenile court fails to file	63046
the report required by division (C)(B)(3)(b) of this section by	63047
the thirty-first day of August of any year, the department shall	63048
not disburse any payment of state subsidy funds to which the	63049
county otherwise is entitled pursuant to section 5139.34 of the	63050
Revised Code and shall not disburse pursuant to division (B)(3)(a)	63051
or (b)(ii) of this section the remainder of5139.41 of the Revised	63052
Code the applicable monthly allocation of the county until the	63053
juvenile court fully complies with division (C)(B)(3)(b) of this	63054
section.	63055

(c) If the department requires the juvenile court to prepare	63056
monthly statistical reports for use under section 5139.42 of the	63057
Revised Code and to submit the reports on forms provided by the	63058
department, the juvenile court shall file those reports with the	63059
department on the forms so provided. If the juvenile court fails	63060
to prepare and submit those monthly statistical reports within the	63061
department's timelines, the department shall not disburse any	63062
payment of state subsidy funds to which the county otherwise is	63063
entitled pursuant to section 5139.34 of the Revised Code and shall	63064
not disburse pursuant to division (B)(3)(a) or (b)(ii) of this	63065
section the remainder of5139.41 of the Revised Code the	63066
applicable monthly allocation of the county until the juvenile	63067
court fully complies with division (C)(B)(3)(c) of this section.	63068
If the juvenile court fails to prepare and submit those monthly	63069
statistical reports within one hundred eighty days of the date the	63070
department establishes for their submission, the department shall	63071
not disburse any payment of state subsidy funds to which the	63072
county otherwise is entitled pursuant to section 5139.34 of the	63073
Revised Code and shall not disburse pursuant to division (B)(3)(a)	63074
or (b)(ii) of this section the remainder of5139.41 of the Revised	63075
Code the applicable monthly allocation of the county, and the	63076
state subsidy funds and the remainder of the applicable monthly	63077
allocation shall revert to the department. If a juvenile court	63078
states in a monthly statistical report that the juvenile court	63079
adjudicated within a state fiscal year five hundred or more	63080
children to be delinquent children for committing acts that would	63081
be felonies if committed by adults and if the department	63082
determines that the data in the report may be inaccurate, the	63083
juvenile court shall have an independent auditor or other	63084
qualified entity certify the accuracy of the data on a date	63085
determined by the department.	63086

(d) If the department requires the juvenile court and the	63087
county to participate in a fiscal monitoring program or another	63088
monitoring program that is conducted by the department to ensure	63089
compliance by the juvenile court and the county with division	63090
(C)(B) of this section, the juvenile court and the county shall	63091
participate in the program and fully comply with any guidelines	63092
for the performance of audits adopted by the department pursuant	63093
to that program and all requests made by the department pursuant	63094
to that program for information necessary to reconcile fiscal	63095
accounting. If an audit that is performed pursuant to a fiscal	63096
monitoring program or another monitoring program described in this	63097
division determines that the juvenile court or the county used	63098
moneys in the county's felony delinquent care and custody fund for	63099
expenses that are not authorized under division (C)(B) of this	63100
section, within forty-five days after the department notifies the	63101
county of the unauthorized expenditures, the county either shall	63102
repay the amount of the unauthorized expenditures from the county	63103
general revenue fund to the state's general revenue fund or shall	63104
file a written appeal with the department. If an appeal is timely	63105
filed, the director of the department shall render a decision on	63106
the appeal and shall notify the appellant county or its juvenile	63107
court of that decision within forty-five days after the date that	63108
the appeal is filed. If the director denies an appeal, the	63109
county's fiscal agent shall repay the amount of the unauthorized	63110
expenditures from the county general revenue fund to the state's	63111
general revenue fund within thirty days after receiving the	63112
director's notification of the appeal decision. If the county	63113
fails to make the repayment within that thirty-day period and if	63114
the unauthorized expenditures pertain to moneys allocated under	63115
sections 5139.41 to 5139.455139.43 of the Revised Code, the	63116
department shall deduct the amount of the unauthorized	63117
expenditures from the next monthly allocation of those moneys to	63118
the county in accordance with this section or from the allocations	63119
that otherwise would be made under those sections to the county	63120
during the next state fiscal year in accordance with this section	63121
and shall return that deducted amount to the state's general	63122
revenue fund. If the county fails to make the repayment within	63123
that thirty-day period and if the unauthorized expenditures	63124
pertain to moneys granted pursuant to section 5139.34 of the	63125
Revised Code, the department shall deduct the amount of the	63126
unauthorized expenditures from the next annual grant to the county	63127
pursuant to that section and shall return thanthat deducted	63128
amount to the state's general revenue fund.	63129

(D) On or prior to the first day of December of each year,	63130
the department of youth services shall submit to the joint	63131
legislative committee on juvenile corrections overcrowding a	63132
report that pertains to the operation of sections 5139.34 and	63133
5139.41 to 5139.45 of the Revised Code during the immediately	63134
preceding state fiscal year and that includes, but is not limited	63135
to, the following:	63136

(1) A description of the programs, care, and services that	63137
were financed under those sections in each county;	63138

(2) The number of felony delinquents, other delinquent	63139
children, unruly children, and juvenile traffic offenders served	63140
by the programs, care, and services in each county;	63141

(3) The total number of children adjudicated in each juvenile	63142
court as felony delinquents;	63143

(4) The total number of felony delinquents who were committed	63144
by the juvenile court of each county to the department and who	63145
were in the care and custody of an institution or a community	63146
corrections facility;	63147

(5) A breakdown of the felony delinquents described in	63148
division (D)(4) of this section on the basis of the types and	63149
degrees of felonies committed, the ages of the felony delinquents	63150
at the time they committed the felonies, and the sex and race of	63151
the felony delinquents.	63152

(E)(C) The determination of which county a reduction of the	63153
monthly care and custody allocation will be charged against for a	63154
particular youth shall be made as outlined below for all youths	63155
who do not qualify as public safety beds. The determination of	63156
which county a reduction of the monthly care and custody	63157
allocation will be charged against shall be made as follows until	63158
each youth is released:	63159

(1) In the event of a commitment, the reduction shall be	63160
charged against the committing county.	63161

(2) In the event of a recommitment, the reduction shall be	63162
charged against the original committing county until the	63163
expiration of the minimum period of institutionalization under the	63164
original order of commitment or until the date on which the youth	63165
is admitted to the department of youth services pursuant to the	63166
order of recommitment, whichever is later. Reductions of the	63167
monthly allocation shall be charged against the county that	63168
recommitted the youth after the minimum expiration date of the	63169
original commitment.	63170

(3) In the event of a revocation of a release on parole, the	63171
reduction shall be charged against the county that revokes the	63172
youth's parole.	63173

(D) A juvenile court is not precluded by its allocation	63174
amount for the care and custody of felony delinquents from	63175
committing a felony delinquent to the department of youth services	63176
for care and custody in an institution or a community corrections	63177
facility when the juvenile court determines that the commitment is	63178
appropriate.	63179

Sec. 5139.44.  (A)(1) There is hereby created the RECLAIM	63180
advisory committee that shall be composed of the following ten	63181
members:	63182

(a) Two members shall be juvenile court judges appointed by	63183
the Ohio association of juvenile and family court judges.	63184

(b) One member shall be the director of youth services or the	63185
director's designee.	63186

(c) One member shall be the director of budget and management	63187
or the director's designee.	63188

(d) One member shall be the director of the legislative	63189
service commission or the director's designee.	63190

(e) One member shall be a member of a senate committee	63191
dealing with finance or criminal justice issues appointed by the	63192
president of the senate.	63193

(f) One member shall be a member of a committee of the house	63194
of representatives dealing with finance or criminal justice issues	63195
appointed by the speaker of the house of representatives.	63196

(g) One member shall be a member of a board of county	63197
commissioners appointed by the county commissioners association of	63198
Ohio.	63199

(h) Two members shall be juvenile court administrators	63200
appointed by the Ohio association of juvenile and family court	63201
judges.	63202

(2) The members of the committee shall be appointed or	63203
designated within thirty days after the effective date of this	63204
section, and the director of youth services shall be notified of	63205
the names of the members.	63206

(3) Members described in divisions (A)(1)(a), (g), and (h) of	63207
this section shall serve for terms of two years and shall hold	63208
office from the date of the member's appointment until the end of	63209
the term for which the member was appointed. Members described in	63210
divisions (A)(1)(b), (c), and (d) of this section shall serve as	63211
long as they hold the office described in that division. Members	63212
described in divisions (A)(1)(e) and (f) of this section shall	63213
serve for the duration of the session of the general assembly	63214
during which they were appointed, provided they continue to hold	63215
the office described in that division. The members described in	63216
divisions (A)(1)(a), (e), (f), (g), and (h) may be reappointed.	63217
Vacancies shall be filled in the manner provided for original	63218
appointments. Any member appointed to fill a vacancy occurring	63219
prior to the expiration date of the term for which the member's	63220
predecessor was appointed shall hold office as a member for the	63221
remainder of that term. A member shall continue in office	63222
subsequent to the expiration date of the member's term until the	63223
member's successor takes office or until a period of sixty days	63224
has elapsed, whichever occurs first.	63225

(4) Membership on the committee does not constitute the	63226
holding of an incompatible public office or employment in	63227
violation of any statutory or common law prohibition pertaining to	63228
the simultaneous holding of more than one public office or	63229
employment. Members of the committee are not disqualified from	63230
holding by reason of that membership and do not forfeit because of	63231
that membership their public office or employment that qualifies	63232
them for membership on the committee notwithstanding any contrary	63233
disqualification or forfeiture requirement under existing Revised	63234
Code sections.	63235

(B) The director of youth services shall serve as an interim	63236
chair of the RECLAIM advisory committee until the first meeting of	63237
the committee. Upon receipt of the names of the members of the	63238
committee, the director shall schedule the initial meeting of the	63239
committee that shall take place at an appropriate location in	63240
Columbus and occur not later than sixty days after the effective	63241
date of this section. The director shall notify the members of the	63242
committee of the time, date, and place of the meeting. At the	63243
initial meeting, the committee shall organize itself by selecting	63244
from among its members a chair, vice-chair, and secretary. The	63245
committee shall meet at least once each quarter of the calendar	63246
year but may meet more frequently at the call of the chair.	63247

(C) In addition to its functions with respect to the RECLAIM	63248
program described in section 5139.41 of the Revised Code, the	63249
RECLAIM advisory committee periodically shall do all of the	63250
following:	63251

(1) Evaluate the operation of the RECLAIM program by the	63252
department of youth services, evaluate the implementation of the	63253
RECLAIM program by the counties, and evaluate the efficiency of	63254
the formula described in section 5139.41 of the Revised Code. In	63255
conducting these evaluations, the committee shall consider the	63256
public policy that RECLAIM funds are to be expended to provide the	63257
most appropriate programs and services for felony delinquents and	63258
other youthful offenders.	63259

(2) Advise the department of youth services, the office of	63260
budget and management, and the general assembly on the following	63261
changes that the committee believes should be made:	63262

(a) Changes to sections of the Revised Code that pertain to	63263
the RECLAIM program, specifically the formula specified in section	63264
5139.41 of the Revised Code;	63265

(b) Changes in the funding level for the RECLAIM program,	63266
specifically the amounts distributed under the formula for county	63267
allocations, community correctional facilities, and juvenile	63268
correctional facility budgets.	63269

Sec. 5139.87. (A) The department of youth services shall	63270
serve as the state agent for the administration of all federal	63271
juvenile justice grants awarded to the state.	63272

(B) There are hereby created in the state treasury the	63273
federal juvenile justice programs funds. A separate fund shall be	63274
established each federal fiscal year. All federal grants and other	63275
moneys received for federal juvenile programs shall be deposited	63276
into the funds. All receipts deposited into the funds shall be	63277
used for federal juvenile programs. All investment earnings on the	63278
cash balance in a federal juvenile program fund shall be credited	63279
to that fund for the appropriate federal fiscal year.	63280

(C) All rules, orders, and determinations of the office of	63281
criminal justice services regarding the administration of federal	63282
juvenile justice grants that are in effect on the effective date	63283
of this amendment shall continue in effect as rules, orders, and	63284
determinations of the department of youth services.	63285

Sec. 5153.122.  (A) Each caseworker hired by a public	63286
children services agency shall complete at least ninety hours of	63287
in-service training during the first year of the caseworker's	63288
continuous employment, except that the director of the public	63289
children services agency may waive the training requirement for a	63290
school of social work graduate who participated in the university	63291
partnership program described in division (D) of section 5101.141	63292
of the Revised Code. The training shall consist of courses in	63293
recognizing and preventing child abuse and neglect, assessing	63294
risks, interviewing persons, investigating cases, intervening,	63295
providing services to children and their families, and other	63296
topics relevant to child abuse and neglect. After the first year	63297
of continuous employment, each caseworker annually shall complete	63298
thirty-six hours of training in areas relevant to the caseworker's	63299
assigned duties.	63300

(B) Each supervisor hired by a public children services	63301
agency shall complete at least sixty hours of in-service training	63302
during the first year of the supervisor's continuous employment in	63303
that position. After the first year of continuous employment as a	63304
supervisor, the supervisor annually shall complete thirty hours of	63305
training in areas relevant to the supervisor's assigned duties.	63306

Sec. 5153.16.  (A) Except as provided in section 2151.422 of	63307
the Revised Code, in accordance with rules of the department of	63308
job and family services, and on behalf of children in the county	63309
whom the public children services agency considers to be in need	63310
of public care or protective services, the public children	63311
services agency shall do all of the following:	63312

(1) Make an investigation concerning any child alleged to be	63313
an abused, neglected, or dependent child;	63314

(2) Enter into agreements with the parent, guardian, or other	63315
person having legal custody of any child, or with the department	63316
of job and family services, department of mental health,	63317
department of mental retardation and developmental disabilities,	63318
other department, any certified organization within or outside the	63319
county, or any agency or institution outside the state, having	63320
legal custody of any child, with respect to the custody, care, or	63321
placement of any child, or with respect to any matter, in the	63322
interests of the child, provided the permanent custody of a child	63323
shall not be transferred by a parent to the public children	63324
services agency without the consent of the juvenile court;	63325

(3) Accept custody of children committed to the public	63326
children services agency by a court exercising juvenile	63327
jurisdiction;	63328

(4) Provide such care as the public children services agency	63329
considers to be in the best interests of any child adjudicated to	63330
be an abused, neglected, or dependent child the agency finds to be	63331
in need of public care or service;	63332

(5) Provide social services to any unmarried girl adjudicated	63333
to be an abused, neglected, or dependent child who is pregnant	63334
with or has been delivered of a child;	63335

(6) Make available to the bureau for children with medical	63336
handicaps of the department of health at its request any	63337
information concerning a crippled child found to be in need of	63338
treatment under sections 3701.021 to 3701.028 of the Revised Code	63339
who is receiving services from the public children services	63340
agency;	63341

(7) Provide temporary emergency care for any child considered	63342
by the public children services agency to be in need of such care,	63343
without agreement or commitment;	63344

(8) Find certified foster homes, within or outside the	63345
county, for the care of children, including handicapped children	63346
from other counties attending special schools in the county;	63347

(9) Subject to the approval of the board of county	63348
commissioners and the state department of job and family services,	63349
establish and operate a training school or enter into an agreement	63350
with any municipal corporation or other political subdivision of	63351
the county respecting the operation, acquisition, or maintenance	63352
of any children's home, training school, or other institution for	63353
the care of children maintained by such municipal corporation or	63354
political subdivision;	63355

(10) Acquire and operate a county children's home, establish,	63356
maintain, and operate a receiving home for the temporary care of	63357
children, or procure certified foster homes for this purpose;	63358

(11) Enter into an agreement with the trustees of any	63359
district children's home, respecting the operation of the district	63360
children's home in cooperation with the other county boards in the	63361
district;	63362

(12) Cooperate with, make its services available to, and act	63363
as the agent of persons, courts, the department of job and family	63364
services, the department of health, and other organizations within	63365
and outside the state, in matters relating to the welfare of	63366
children, except that the public children services agency shall	63367
not be required to provide supervision of or other services	63368
related to the exercise of parenting time rights granted pursuant	63369
to section 3109.051 or 3109.12 of the Revised Code or	63370
companionship or visitation rights granted pursuant to section	63371
3109.051, 3109.11, or 3109.12 of the Revised Code unless a	63372
juvenile court, pursuant to Chapter 2151. of the Revised Code, or	63373
a common pleas court, pursuant to division (E)(6) of section	63374
3113.31 of the Revised Code, requires the provision of supervision	63375
or other services related to the exercise of the parenting time	63376
rights or companionship or visitation rights;	63377

(13) Make investigations at the request of any superintendent	63378
of schools in the county or the principal of any school concerning	63379
the application of any child adjudicated to be an abused,	63380
neglected, or dependent child for release from school, where such	63381
service is not provided through a school attendance department;	63382

(14) Administer funds provided under Title IV-E of the	63383
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as	63384
amended, in accordance with rules adopted under section 5101.141	63385
of the Revised Code;	63386

(15) In addition to administering Title IV-E adoption	63387
assistance funds, enter into agreements to make adoption	63388
assistance payments under section 5153.163 of the Revised Code;	63389

(16) Implement a system of risk assessment, in accordance	63390
with rules adopted by the director of job and family services, to	63391
assist the public children services agency in determining the risk	63392
of abuse or neglect to a child;	63393

(17) Enter into a plan of cooperation with the board of	63394
county commissioners under section 307.983 of the Revised Code and	63395
comply with the partnershipeach fiscal agreement the board enters	63396
into under section 307.98 of the Revised Code that include family	63397
services duties of public children services agencies and contracts	63398
the board enters into under sections 307.981 and 307.982 of the	63399
Revised Code that affect the public children services agency;	63400

(18) Make reasonable efforts to prevent the removal of an	63401
alleged or adjudicated abused, neglected, or dependent child from	63402
the child's home, eliminate the continued removal of the child	63403
from the child's home, or make it possible for the child to return	63404
home safely, except that reasonable efforts of that nature are not	63405
required when a court has made a determination under division	63406
(A)(2) of section 2151.419 of the Revised Code;	63407

(19) Make reasonable efforts to place the child in a timely	63408
manner in accordance with the permanency plan approved under	63409
division (E) of section 2151.417 of the Revised Code and to	63410
complete whatever steps are necessary to finalize the permanent	63411
placement of the child;	63412

(20) Administer a Title IV-A program identified under	63413
division (A)(3)(c) or (d) of section 5101.80 of the Revised Code	63414
that the department of job and family services provides for the	63415
public children services agency to administer under the	63416
department's supervision pursuant to section 5101.801 of the	63417
Revised Code;	63418

(21) Provide independent living services pursuant to sections	63419
2151.81 to 2151.84 of the Revised Code.	63420

(B) The public children services agency shall use the system	63421
implemented pursuant to division (B)(16) of this section in	63422
connection with an investigation undertaken pursuant to division	63423
(F)(1) of section 2151.421 of the Revised Code and may use the	63424
system at any other time the agency is involved with any child	63425
when the agency determines that risk assessment is necessary.	63426

(C) Except as provided in section 2151.422 of the Revised	63427
Code, in accordance with rules of the director of job and family	63428
services, and on behalf of children in the county whom the public	63429
children services agency considers to be in need of public care or	63430
protective services, the public children services agency may do	63431
the following:	63432

(1) Provide or find, with other child serving systems,	63433
specialized foster care for the care of children in a specialized	63434
foster home, as defined in section 5103.02 of the Revised Code,	63435
certified under section 5103.03 of the Revised Code;	63436

(2)(a) Except as limited by divisions (C)(2)(b) and (c) of	63437
this section, contract with the following for the purpose of	63438
assisting the agency with its duties:	63439

(i) County departments of job and family services;

63440

(ii) Boards of alcohol, drug addiction, and mental health	63441
services;	63442

(iii) County boards of mental retardation and developmental	63443
disabilities;	63444

(iv) Regional councils of political subdivisions established	63445
under Chapter 167. of the Revised Code;	63446

(v) Private and government providers of services;

63447

(vi) Managed care organizations and prepaid health plans.

63448

(b) A public children services agency contract under division	63449
(C)(2)(a) of this section regarding the agency's duties under	63450
section 2151.421 of the Revised Code may not provide for the	63451
entity under contract with the agency to perform any service not	63452
authorized by the department's rules.	63453

(c) Only a county children services board appointed under	63454
section 5153.03 of the Revised Code that is a public children	63455
services agency may contract under division (C)(2)(a) of this	63456
section. If an entity specified in division (B) or (C) of section	63457
5153.02 of the Revised Code is the public children services agency	63458
for a county, the board of county commissioners may enter into	63459
contracts pursuant to section 307.982 of the Revised Code	63460
regarding the agency's duties.	63461

Sec. 5153.163.  (A) As used in this section, "adoptive	63462
parent" means, as the context requires, a prospective adoptive	63463
parent or an adoptive parent.	63464

(B)(1) IfBefore a child's adoption is finalized, a public	63465
children services agency considers a child with special needs	63466
residing in the county served by the agency to be in need of	63467
public care or protective services and all of the following apply,	63468
the agency shall enter into an agreement with the child's adoptive	63469
parent before the child is adopted under which the agency shall	63470
make state adoption maintenance subsidy payments as needed on	63471
behalf of the child when all of the following apply:	63472

(a) The child is a child with special needs.

63473

(b) The child was placed in the adoptive home by a public	63474
children services agency or a private child placing agency and may	63475
legally be adopted.	63476

(c) The adoptive parent has the capability of providing the	63477
permanent family relationships needed by the child in all areas	63478
except financial need as determined by the agency;.	63479

(b)(d) The needs of the child are beyond the economic	63480
resources of the adoptive parent as determined by the agency;.	63481

(c) The agency determines the acceptance(e) Acceptance of	63482
the child as a member of the adoptive parent's family would not be	63483
in the child's best interest without payments on the child's	63484
behalf under this section.	63485

(2) Payments to an adoptive parent under division (B) of this	63486
section shall include medical, surgical, psychiatric,	63487
psychological, and counseling expenses, and may include	63488
maintenance costs if necessary and other costs incidental to the	63489
care of the child. No payment of maintenance costs shall be made	63490
under division (B) of this section on behalf of a child if either	63491
of the following apply:	63492

(a)(f) The gross income of the adoptive parent's family	63493
exceedsdoes not exceed one hundred twenty per cent of the median	63494
income of a family of the same size, including the child, as most	63495
recently determined for this state by the secretary of health and	63496
human services under Title XX of the "Social Security Act," 88	63497
Stat. 2337, 42 U.S.C.A. 1397, as amended;.	63498

(b)(g) The child is not eligible for adoption assistance	63499
payments for maintenance costs under Title IV-E of the "Social	63500
Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as amended.	63501

(2) State adoption maintenance subsidy payment agreements	63502
must be made by either the public children services agency that	63503
has permanent custody of the child or the public children services	63504
agency of the county in which the private child placing agency	63505
that has permanent custody of the child is located.	63506

(3) State adoption maintenance subsidy payments shall be made	63507
in accordance with the agreement between the public children	63508
services agency and the adoptive parent and are subject to an	63509
annual redetermination of need.	63510

(4) Payments under this division (B) of this section may	63511
begin either before or after issuance of the final adoption	63512
decree, except that payments made before issuance of the final	63513
adoption decree may be made only while the child is living in the	63514
adoptive parent's home. Preadoption payments may be made for not	63515
more than twelve months, unless the final adoption decree is not	63516
issued within that time because of a delay in court proceedings.	63517
Payments that begin before issuance of the final adoption decree	63518
may continue after its issuance.	63519

(C)(1) If, after the child's adoption is finalized, a public	63520
children services agency considers a child residing in the county	63521
served by the agency to be in need of public care or protective	63522
services and both of the following apply, the agency may, and to	63523
the extent state funds are appropriated for this purpose shall,	63524
enter into an agreement with the child's adoptive parent after the	63525
child is adopted under which the agency shall make post adoption	63526
special services subsidy payments on behalf of the child as needed	63527
when both of the following apply:	63528

(1)(a) The child has a physical or developmental handicap or	63529
mental or emotional condition that either:	63530

(a)(i) Existed before the adoption petition was filed; or

63531

(b)(ii) Developed after the adoption petition was filed and	63532
can be directly attributed to factors in the child's preadoption	63533
background, medical history, or biological family's background or	63534
medical history.	63535

(2)(b) The agency determines the expenses necessitated by the	63536
child's handicap or condition are beyond the adoptive parent's	63537
economic resources.	63538

Payments to an adoptive parent(2) Services for which a	63539
public children services agency may make post adoption special	63540
services subsidy payments on behalf of a child under this division	63541
shall include medical, surgical, psychiatric, psychological, and	63542
counseling expensesservices, including residential treatment.	63543

(3) The department of job and family services shall establish	63544
clinical standards to evaluate a child's physical or developmental	63545
handicap or mental or emotional condition and assess the child's	63546
need for services.	63547

(4) The total dollar value of post adoption special services	63548
subsidy payments made on a child's behalf shall not exceed ten	63549
thousand dollars in any fiscal year, unless the department	63550
determines that extraordinary circumstances exist that necessitate	63551
further funding of services for the child. Under such	63552
extraordinary circumstances, the value of the payments made on the	63553
child's behalf shall not exceed fifteen thousand dollars in any	63554
fiscal year.	63555

(5) The adoptive parent or parents of a child who receives	63556
post adoption special services subsidy payments shall pay at least	63557
five per cent of the total cost of all services provided to the	63558
child; except that a public children services agency may waive	63559
this requirement if the gross annual income of the child's	63560
adoptive family is not more than two hundred per cent of the	63561
federal poverty guideline.	63562

(6) A public children services agency may use other sources	63563
of revenue to make post adoption special services subsidy	63564
payments, in addition to any state funds appropriated for that	63565
purpose.	63566

(D) No payment shall be made under division (B) or (C) of	63567
this section on behalf of any person eighteen years of age or	63568
older beyond the end of the school year during which the person	63569
attains the age of eighteen or on behalf of a mentally or	63570
physically handicapped person twenty-one years of age or older.	63571
Payments under those divisions shall be made in accordance with	63572
the terms of the agreement between the public children services	63573
agency and the adoptive parent, subject to an annual	63574
redetermination of need. The agency may use sources of funding in	63575
addition to any state funds appropriated for the purposes of those	63576
divisions.	63577

(E) The director of job and family services shall adopt rules	63578
in accordance with Chapter 119. of the Revised Code that are	63579
needed to implement this section. The rules shall establish all of	63580
the following:	63581

(1) The application process for paymentsall forms of	63582
assistance provided under this section;	63583

(2) The method to determine the amounts and kindsamount of	63584
assistance payable under division (B) of this section;	63585

(3) The definition of "child with special needs" for this	63586
section;	63587

(4) The process whereby a child's continuing need for	63588
services provided under division (B) of this section is annually	63589
redetermined;	63590

(5) The method of determining the amount, duration, and scope	63591
of services provided to a child under division (C) of this	63592
section;	63593

(6) Any other rule, requirement, or procedure the department	63594
considers appropriate for the implementation of this section.	63595

The rules shall allow for payments for children placed by	63596
nonpublic agencies.	63597

(E)(F) The state adoption special services subsidy program	63598
ceases to exist on July 1, 2004, except that, subject to the	63599
findings of the annual redetermination process established under	63600
division (E) of this section and the child's individual need for	63601
services, a public children services agency may continue to	63602
provide state adoption special services subsidy payments on behalf	63603
of a child for whom payments were being made prior to July 1,	63604
2004.	63605

(G) No public children services agency shall, pursuant to	63606
either section 2151.353 or 5103.15 of the Revised Code, place or	63607
maintain a child with special needs who is in the permanent	63608
custody of an institution or association certified by the	63609
department of job and family services under section 5103.03 of the	63610
Revised Code in a setting other than with a person seeking to	63611
adopt the child, unless the agency has determined and redetermined	63612
at intervals of not more than six months the impossibility of	63613
adoption by a person listed pursuant to division (B), (C), or (D)	63614
of section 5103.154 of the Revised Code, including the	63615
impossibility of entering into a payment agreement with such a	63616
person. The agency so maintaining such a child shall report its	63617
reasons for doing so to the department of job and family services.	63618
No agency that fails to so determine, redetermine, and report	63619
shall receive more than fifty per cent of the state funds to which	63620
it would otherwise be eligible for that part of the fiscal year	63621
following placement under section 5101.14 of the Revised Code.	63622

The department may take any action permitted under section	63623
5101.24 of the Revised Code for an agency's failure to determine,	63624
redetermine, and report on a child's status.	63625

Sec. 5153.60. (A) The department of job and family services	63626
shall establish a statewide program that provides theall of the	63627
following:	63628

(1) The training section 5153.122 of the Revised Code	63629
requires public children services agency caseworkers and	63630
supervisors to complete. The program may also provide the;	63631

(2) The preplacement and continuing training described in	63632
sections 5103.034, 5103.039, 5103.0310, and 5103.0311 of the	63633
Revised Code that foster caregivers are required by sections	63634
5103.031, 5103.032, and 5103.033 of the Revised Code to obtain.	63635
The;	63636

(3) The education programs for adoption assessors required by	63637
section 3107.014 of the Revised Code.	63638

(B) The training described in division (A)(1) of this section	63639
shall be conducted in accordance with rules adopted by the	63640
department of job and family services under section 111.15 of the	63641
Revised Code and the training and programs described in divisions	63642
(A)(2) and (3) of this section shall be conducted in accordance	63643
with rules adopted under Chapter 119. of the Revised Code.	63644

(C) The program established pursuant to division (A) of this	63645
section shall be called the "Ohio child welfare training program."	63646

Sec. 5153.69.  The training program steering committee shall	63647
monitor and evaluate the Ohio child welfare training program to	63648
ensure the following:	63649

(A) That the Ohio child welfare training program is a	63650
competency-based training system that satisfies the training	63651
requirements for public children services agency caseworkers and	63652
supervisors under section 5153.122 of the Revised Code;	63653

(B) That, if the Ohio child welfare training program provides	63654
preplacement or continuing training for foster caregivers, itas	63655
required by section 5153.60 of the Revised Code that meets the	63656
same requirements that preplacement training programs and	63657
continuing training programs must meet pursuant to section	63658
5103.038 of the Revised Code to obtain approval by the department	63659
of job and family services, except that the Ohio child welfare	63660
training program is not required to obtain department approval.	63661

Sec. 5153.72.  Prior to the beginning of the fiscal biennium	63662
that first follows the effective date of this sectionOctober 5,	63663
2000, the public children services agencies of Athens, Cuyahoga,	63664
Franklin, Greene, Guernsey, Hamilton, Lucas, and Summit counties	63665
shall each establish and maintain a regional training center. At	63666
any time after the beginning of that biennium, the department of	63667
job and family services, on the recommendation of the training	63668
program steering committee, may direct a public children services	63669
agency to establish and maintain a training center to replace the	63670
center established by an agency under this section. There may be	63671
no more and no less than eight centers in existence at any time.	63672
The department may make a grant to a public children services	63673
agency that establishes and maintains a regional training center	63674
under this section for the purpose of wholly or partially	63675
subsidizing the operation of the center.	63676

Sec. 5153.78.  (A) As used in this section:

63677

(1) "Title IV-B" means Title IV-B of the "Social Security Act	63678
of 1967," 81 Stat. 821, 42 U.S.C. 620, as amended.	63679

(2) "Title IV-E" means Title IV-E of the "Social Security	63680
Act," 94 Stat. 501, 42 U.S.C. 670(1980).	63681

(3) "Title XX" has the same meaning as in section 5101.46 of	63682
the Revised Code.	63683

(B) For purposes of adequately funding the Ohio child welfare	63684
training program, the department of job and family services may	63685
use any of the following:	63686

(1) The federal financial participation funds withheld	63687
pursuant to division (D)(E) of section 5101.141 of the Revised	63688
Code in an amount determined by the department;	63689

(2) Funds available under Title XX, Title IV-B, and Title	63690
IV-E to pay for training costs;	63691

(3) Other available state or federal funds.

63692

Sec. 5301.68.  An owner of land may grant a conservation	63693
easement to the department of natural resources, a park district	63694
created under Chapter 1545. of the Revised Code, a township park	63695
district created under section 511.18 of the Revised Code, a	63696
conservancy district created under Chapter 6101. of the Revised	63697
Code, a soil and water conservation district created under Chapter	63698
1515. of the Revised Code, a county, a township, a municipal	63699
corporation, or a charitable organization that is authorized to	63700
hold conservation easements by division (B) of section 5301.69 of	63701
the Revised Code, in the form of articles of dedication, easement,	63702
covenant, restriction, or condition. An owner of land also may	63703
grant an agricultural easement to the director of agriculture; to	63704
a municipal corporation, county, or township, or soil and water	63705
conservation district; or to a charitable organization described	63706
in division (B) of section 5301.69 of the Revised Code. An owner	63707
of land may grant an agricultural easement only on land that is	63708
valued for purposes of real property taxation at its current value	63709
for agricultural use under section 5713.31 of the Revised Code or	63710
that constitutes a homestead when the easement is granted.	63711

All conservation easements and agricultural easements shall	63712
be executed and recorded in the same manner as other instruments	63713
conveying interests in land.	63714

Sec. 5301.691.  (A)(1) Subject to divisions (A)(2) and (E)(F)	63715
of this section, the director of agriculture, with moneys credited	63716
to the agricultural easement purchase fund created in section	63717
901.21 of the Revised Code, may purchase agricultural easements in	63718
the name of the state.	63719

(2) Not less than thirty days prior to the acquisition of an	63720
agricultural easement under division (A)(1) of this section or the	63721
extinguishment of such an easement purchased under that division,	63722
the director shall provide written notice of the intention to do	63723
so to the board of county commissioners of the county in which the	63724
land that is or is proposed to be subject to the easement or	63725
extinguishment is located, and either to the legislative authority	63726
of the municipal corporation in which the land is located, if it	63727
is located in an incorporated area, or to the board of township	63728
trustees of the township in which the land is located, if it is	63729
located in an unincorporated area. If, within thirty days after	63730
the director provides the notice, the board of county	63731
commissioners, legislative authority, or board of township	63732
trustees requests an informational meeting with the director	63733
regarding the proposed acquisition or extinguishment, the director	63734
shall meet with the legislative authority or board to respond to	63735
the board's or authority's questions and concerns. If a meeting is	63736
timely requested under division (A)(2) of this section, the	63737
director shall not undertake the proposed acquisition or	63738
extinguishment until after the meeting has been concluded.	63739

The director, upon the director's own initiative and prior to	63740
the purchase of an agricultural easement under division (A)(1) of	63741
this section or the extinguishment of such an easement, may hold	63742
an informational meeting with the board of county commissioners	63743
and the legislative authority of the municipal corporation or	63744
board of township trustees in which land that would be affected by	63745
the proposed acquisition or extinguishment is located, to respond	63746
to any questions and concerns of the board or authority regarding	63747
the proposed acquisition or extinguishment.	63748

(B)(1) Subject to division (E)(F) of this section, the	63749
legislative authority of a municipal corporation, board of county	63750
commissioners of a county, or board of trustees of a township,	63751
with moneys in the political subdivision's general fund not	63752
required by law or charter to be used for other specified purposes	63753
or with moneys in a special fund of the political subdivision to	63754
be used for the purchase of agricultural easements, may purchase	63755
agricultural easements in the name of the municipal corporation,	63756
county, or township.	63757

(2) Subject to division (E)(F) of this section, the	63758
legislative authority of a municipal corporation, board of county	63759
commissioners of a county, or board of township trustees of a	63760
township may acquire agricultural easements by gift, devise, or	63761
bequest. Any terms may be included in an agricultural easement so	63762
acquired that are necessary or appropriate to preserve on behalf	63763
of the grantor of the easement the favorable tax consequences of	63764
the gift, devise, or bequest under the "Internal Revenue Act of	63765
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	63766

(C)(1) Subject to division (F) of this section, the board of	63767
supervisors of a soil and water conservation district, with moneys	63768
in any fund not required by law to be used for other specified	63769
purposes or with moneys provided to the board through matching	63770
grants made under section 901.22 of the Revised Code for the	63771
purchase of agricultural easements, may purchase agricultural	63772
easements in the name of the board.	63773

(2) Subject to division (F) of this section, the board of	63774
supervisors of a soil and water conservation district may acquire	63775
agricultural easements by gift, devise, or bequest. Any terms may	63776
be included in an agricultural easement so acquired that are	63777
necessary or appropriate to preserve on behalf of the grantor of	63778
the easement the favorable tax consequences of the gift, devise,	63779
or bequest under the "Internal Revenue Act of 1986," 100 Stat.	63780
2085, 26 U.S.C.A. 1, as amended.	63781

(D)(1) The term of an agricultural easement purchased wholly	63782
or in part with money from the agricultural easement purchase fund	63783
shall be perpetual and shall run with the land.	63784

(2) The term of an agricultural easement purchased by such a	63785
the legislative authority of a municipal corporation, board of	63786
county commissioners of a county, board of township trustees of a	63787
township, or board of supervisors of a soil and water conservation	63788
district without the use of any money from the agricultural	63789
easement purchase fund may be perpetual or for a specified period.	63790
The agricultural easement shall run with the land. The instrument	63791
conveying an agricultural easement for a specified period shall	63792
include provisions specifying, at a minimum, all of the following:	63793

(a) The consideration to be paid for the easement and manner	63794
of payment;	63795

(b) Whether the easement is renewable and, if so, procedures	63796
for its renewal;	63797

(c) The circumstances under which the easement may be	63798
extinguished;	63799

(d) The method for determining the amount of money, if any,	63800
due the holder of the easement upon extinguishment and for payment	63801
of that amount to the holder.	63802

(D)(E)(1) The director and each legislative authority of a	63803
municipal corporation, board of county commissioners, or board of	63804
township trustees, or board of supervisors of a soil and water	63805
conservation district, upon acquiring an agricultural easement by	63806
purchase, gift, devise, or bequest under this section or section	63807
901.21 of the Revised Code, shall name an appropriate	63808
administrative officer, department, or division to supervise and	63809
enforce the easement. A legislative authority orof a municipal	63810
corporation, board of county commissioners, or board of township	63811
trustees may enter into a contract with the board of park	63812
commissioners of a park district established under Chapter 1545.	63813
of the Revised Code, the board of park commissioners of a township	63814
park district established under section 511.18 of the Revised	63815
Code, or the board of supervisors of a soil and water conservation	63816
district established under Chapter 1515. of the Revised Code	63817
having territorial jurisdiction within the municipal corporation,	63818
county, or township, or with a charitable organization described	63819
in division (B) of section 5301.69 of the Revised Code, to	63820
supervise on behalf of the legislative authority or board an	63821
agricultural easement so acquired. A board of supervisors of a	63822
soil and water conservation district may enter into a contract	63823
with the board of park commissioners of a park district	63824
established under Chapter 1545. of the Revised Code or the board	63825
of park commissioners of a township park district established	63826
under section 511.18 of the Revised Code having territorial	63827
jurisdiction within the soil and water conservation district, or	63828
with a charitable organization described in division (B) of	63829
section 5301.69 of the Revised Code, to supervise on behalf of the	63830
board an agricultural easement so acquired. The contract may be	63831
entered into on such terms as are agreeable to the parties and	63832
shall specify or prescribe a method for determining the amounts of	63833
any payments to be made by the legislative authority or, board of	63834
county commissioners or, board of township trustees, or board of	63835
supervisors for the performance of the contract.	63836

(2) With respect to an agricultural easement purchased with a	63837
matching grant that is made under division (D) of section 901.22	63838
of the Revised Code and that consists in whole or in part of	63839
moneys from the clean Ohio agricultural easement fund created in	63840
section 901.21 of the Revised Code, the recipient of the matching	63841
grant shall make an annual monitoring visit to the land that is	63842
the subject of the easement. The purpose of the visit is to ensure	63843
that no development that is prohibited by the terms of the	63844
easement has occurred or is occurring. In accordance with rules	63845
adopted under division (A)(1)(d) of section 901.22 of the Revised	63846
Code, the grant recipient shall prepare a written annual	63847
monitoring report and submit it to the office of farmland	63848
preservation in the department of agriculture. If necessary to	63849
enforce the terms of the easement, the grant recipient shall take	63850
corrective action in accordance with those rules. The director may	63851
agree to share these monitoring and enforcement responsibilities	63852
with the grant recipient.	63853

(E)(F) The director; a municipal corporation, county, or	63854
township, or soil and water conservation district; or a charitable	63855
organization described in division (B) of section 5301.69 of the	63856
Revised Code, may acquire agricultural easements by purchase,	63857
gift, devise, or bequest only on land that is valued for purposes	63858
of real property taxation at its current value for agricultural	63859
use under section 5713.31 of the Revised Code or that constitutes	63860
a homestead when the easement is granted.	63861

(F)(G) An agricultural easement acquired by the director	63862
under division (A) of this section may be extinguished if an	63863
unexpected change in the conditions of or surrounding the land	63864
that is subject to the easement makes impossible or impractical	63865
the continued use of the land for the purposes described in the	63866
agricultural easement, or if the requirements of the easement are	63867
extinguished by judicial proceedings. Upon the sale, exchange, or	63868
involuntary conversion of the land subject to the easement, the	63869
director shall be paid an amount of money that is at least equal	63870
to the proportionate value of the easement compared to the total	63871
value of the land at the time the easement was acquired. Moneys so	63872
received shall be credited to the agricultural easement purchase	63873
fund.	63874

An agricultural easement acquired by a municipal corporation,	63875
county, or township under division (B) of this section or by a	63876
soil and water conservation district under division (C) of this	63877
section may be extinguished under the circumstances prescribed,	63878
and in accordance with the terms and conditions set forth, in the	63879
instrument conveying the agricultural easement. An agricultural	63880
easement acquired by a charitable organization described in	63881
division (B) of section 5301.69 of the Revised Code may be	63882
extinguished under the circumstances prescribed, and in accordance	63883
with the terms and conditions set forth, in the instrument	63884
conveying the agricultural easement.	63885

Any instrument extinguishing an agricultural easement shall	63886
be executed and recorded in the same manner as other instruments	63887
conveying or terminating interests in real property.	63888

(G)(H) Promptly after the recording and indexing of an	63889
instrument conveying an agricultural easement to any person or to	63890
a municipal corporation, county, or township, or soil and water	63891
conservation district or of an instrument extinguishing an	63892
agricultural easement held by any person or such a political	63893
subdivision, the county recorder shall mail, by regular mail, a	63894
photocopy of the instrument to the office of farmland preservation	63895
in the department of agriculture. The photocopy shall be	63896
accompanied by an invoice for the applicable fee established in	63897
section 317.32 of the Revised Code. Promptly after receiving the	63898
photocopy and invoice, the office of farmland preservation shall	63899
remit the fee to the county recorder.	63900

(H)(I) The director, the legislative authority of a municipal	63901
corporation, a board of county commissioners, or a board of	63902
township trustees, or a board of supervisors of a soil and water	63903
conservation district may receive and expend grants from any	63904
public or private source for the purpose of purchasing	63905
agricultural easements and supervising and enforcing them.	63906

Sec. 5310.15.  On filing an application for registration, the	63907
applicant shall pay to the clerk of the probate court or the clerk	63908
of the court of common pleas ten dollars, which is full payment	63909
for all clerk's fees and charges in such proceeding on behalf of	63910
the applicant. Any defendant, except a guardian ad litem, on	63911
entering hisan appearance by filing a pleading of any kind, shall	63912
pay to the clerk five dollars, which is full payment for all	63913
clerk's fees on behalf of such defendant. When any number of	63914
defendants enter their appearance at the same time in one pleading	63915
by filing a pleading of any kind, one fee shall be paid.	63916

Every required publication in a newspaper shall be paid for	63917
by the party on whose application the order of publication is	63918
made, in addition to the fees prescribed in the first paragraph of	63919
this section. The party at whose request, or on whose behalf, any	63920
notice is issued, shall pay for the service of such notice except	63921
when such notice is sent by mail by the clerk or the county	63922
recorder.	63923

Examiners of titles shall receive for examining title or	63924
original reference, and making report on all matters arising under	63925
the application, including final certificate as to all necessary	63926
parties being made and properly brought before the probate court	63927
or the court of common pleas, and as to the proceedings being	63928
regular and legal, one half of one per cent of the appraised tax	63929
value, the fee in no case to be less than seventy-five or more	63930
than two hundred fifty dollars, for each separate and distinct	63931
parcel of land included in the application although made up of	63932
more than one tract.	63933

Upon a reference to an examiner of titles or to any other	63934
person upon a hearing to take evidence and make report to the	63935
court, the fee of the referee shall be fixed by the court at not	63936
more than fifteen dollars per day for the time actually employed.	63937

For a certificate of an examiner of titles that all necessary	63938
parties are before the court, and the proceedings are regular and	63939
legal in a suit for partition, foreclosure of mortgage,	63940
marshalling of liens, or other suit or proceeding affecting the	63941
title of any interest in, or lien or charge upon registered lands,	63942
the fees shall be fixed by the court, and shall not be more than	63943
twenty-five dollars for each separate and distinct parcel of land	63944
included in the petition or application although such parcel is	63945
made up of more than one tract.	63946

Guardians for the suit in original registration shall receive	63947
three dollars when there is no contest in which the guardian	63948
participates. In other cases such guardians shall receive such	63949
fees as the court fixes, but not more than twenty-five dollars.	63950

For certifying pending suits, judgments, liens, attachments,	63951
executions, or levies, the officers certifying them to the	63952
recorder shall receive a fee of twenty-five cents to be paid by	63953
the party interested and taxed in the costs of the case.	63954

For serving summons, notice, or other paper provided for in	63955
sections 5309.02 to 5310.21 of the Revised Code, the sheriff or	63956
other officer shall receive the same fees as in other similar	63957
cases.	63958

The recorder shall receive the following fees, to include	63959
base fees for services and housing trust fund fees pursuant to	63960
section 317.36 of the Revised Code:	63961

(A) For original registration of title, issuing duplicate	63962
certificate, entering memorials and memorandums, as directed by	63963
the decree, and indexing it, a base fee of thirty dollars and a	63964
housing trust fund fee of thirty dollars;	63965

(B) For examining and registering each transfer of registered	63966
land, including the filing of all papers therewith, entering	63967
memorials, issuing new duplicate certificate of title and indexing	63968
it, a base fee of thirty dollars and a housing trust fund fee of	63969
thirty dollars for the first distinct body or parcel of land	63970
contained in such certificate, and a base fee of two dollars and a	63971
housing trust fund fee of two dollars for each additional distinct	63972
body or parcel of land contained in such certificate;	63973

(C) For filing, examining, and entering a memorial of each	63974
mortgage or lease, upon registered land, and indexing it, for each	63975
separately registered parcel, a base fee of ten dollars and a	63976
housing trust fund fee of ten dollars;	63977

(D) For filing, examining, and entering a memorial of each	63978
lien, charge, or demand upon registered land, and indexing it, for	63979
each separately registered parcel of land, a base fee of five	63980
dollars and a housing trust fund fee of five dollars;	63981

(E) For cancellation of any memorial or memorandum, a base	63982
fee of five dollars and a housing trust fund fee of five dollars;	63983
for entry of change of address, or notice of dower, for each	63984
separately registered parcel, a base fee of five dollars and a	63985
housing trust fund fee of five dollars;	63986

(F) For each certified copy of a registered certificate, or	63987
issuing a mortgagee's duplicate certificate, or issuing a new	63988
owner's duplicate certificate to replace one which has been lost	63989
or destroyed, a base fee of fifteen dollars and a housing trust	63990
fund fee of fifteen dollars;	63991

(G) For filing, examining, and entering a memorial of each	63992
release, assignment, or waiver of priority of a mortgage, lease,	63993
lien, charge, or demand upon registered land and indexing it, for	63994
each separately registered parcel, a base fee of five dollars and	63995
a housing trust fund fee of five dollars;	63996

(H) For filing, examining, and entering a memorial of each	63997
official certificate of pending suit, judgment, lien, attachment,	63998
execution, or levy, upon registered land and indexing it, for each	63999
separately registered parcel, a base fee of five dollars and a	64000
housing trust fund fee of five dollars;	64001

(I) For continuing an owner's duplicate certificate, or	64002
mortgagee's duplicate certificate and entering and certifying	64003
memorials and notations thereon, a base fee of five dollars and a	64004
housing trust fund fee of five dollars;	64005

(J) For certificate as to taxes and special assessments, for	64006
each separately registered parcel, a base fee of ten dollars and a	64007
housing trust fund fee of ten dollars;	64008

(K) For filing, recording, and indexing any papers or	64009
instruments other than those provided in this section, any	64010
certified copy of record, or of any instrument on file in histhe	64011
recorder's office, the same fees allowed by law for like services;	64012

(L) For issuing subpoenas and notices and swearing witnesses,	64013
the same fees allowed the clerk for like services.	64014

Costs as provided in this section may be taxed and by the	64015
court ordered to be paid by the parties in such manner as is just.	64016

Sec. 5502.01.  (A) The department of public safety shall	64017
administer and enforce the laws relating to the registration,	64018
licensing, sale, and operation of motor vehicles and the laws	64019
pertaining to the licensing of drivers of motor vehicles.	64020

The department shall compile, analyze, and publish statistics	64021
relative to motor vehicle accidents and the causes of them,	64022
prepare and conduct educational programs for the purpose of	64023
promoting safety in the operation of motor vehicles on the	64024
highways, and conduct research and studies for the purpose of	64025
promoting safety on the highways of this state.	64026

(B) The department shall administer the laws and rules	64027
relative to trauma and emergency medical services specified in	64028
Chapter 4765. of the Revised Code.	64029

(C) The department shall administer and enforce the laws	64030
contained in Chapters 4301. and 4303. of the Revised Code and	64031
enforce the rules and orders of the liquor control commission	64032
pertaining to retail liquor permit holders.	64033

(D) The department shall administer the laws governing the	64034
state emergency management agency and shall enforce all additional	64035
duties and responsibilities as prescribed in the Revised Code	64036
related to emergency management services.	64037

(E) The department shall conduct investigations pursuant to	64038
Chapter 5101. of the Revised Code in support of the duty of the	64039
department of job and family services to administer food stamp	64040
programs throughout this state. The department of public safety	64041
shall conduct investigations necessary to protect the state's	64042
property rights and interests in the food stamp program.	64043

(F) The department of public safety shall enforce compliance	64044
with orders and rules of the public utilities commission and	64045
applicable laws in accordance with Chapters 4919., 4921., and	64046
4923. of the Revised Code regarding commercial motor vehicle	64047
transportation safety, economic, and hazardous materials	64048
requirements.	64049

(G) Notwithstanding Chapter 4117. of the Revised Code, the	64050
department of public safety may establish requirements for its	64051
enforcement personnel, including its enforcement agents described	64052
in section 5502.14 of the Revised Code, that include standards of	64053
conduct, work rules and procedures, and criteria for eligibility	64054
as law enforcement personnel.	64055

(H) The department shall administer, maintain, and operate	64056
the Ohio criminal justice network. The Ohio criminal justice	64057
network shall be a computer network that supports state and local	64058
criminal justice activities. The network shall be an electronic	64059
repository for various data, which may include arrest warrants,	64060
notices of persons wanted by law enforcement agencies, criminal	64061
records, prison inmate records, stolen vehicle records, vehicle	64062
operator's licenses, and vehicle registrations and titles.	64063

(I) The department shall coordinate all homeland security	64064
activities of all state agencies and shall be a liaison between	64065
state agencies and local entities for those activities and related	64066
purposes.	64067

(J) Beginning January 1, 2004, the department shall	64068
administer the laws and rules relative to private investigators	64069
and security guard providers specified in Chapter 4749. of the	64070
Revised Code.	64071

(K) There is hereby created in the department of public	64072
safety the division of the state fire marshal, which shall	64073
administer and enforce Chapters 3731. and 3743. of the Revised	64074
Code and any other law conferring powers or imposing duties upon	64075
the state fire marshal.	64076

Sec. 5502.03. (A) There is hereby created in the department	64077
of public safety a division of homeland security. It is the intent	64078
of the general assembly that the creation of the division of	64079
homeland security of the department of public safety by this	64080
amendment does not result in an increase of funding appropriated	64081
to the department.	64082

(B)(1) The division shall coordinate all homeland security	64083
activities of all state agencies and shall be the liaison between	64084
state agencies and local entities for the purposes of	64085
communicating homeland security funding and policy initiatives.	64086

(2) The division shall be in charge of the systems operations	64087
of the multi-agency radio communications system (MARCS) in	64088
accordance with any rules that the director of public safety may	64089
adopt. The director shall appoint a steering committee to advise	64090
the director in the operation of the MARCS, comprised of persons	64091
who represent the users of that system. The director or the	64092
director's designee shall chair the committee.	64093

(C) The director of public safety shall appoint an executive	64094
director, who shall be head of the division of homeland security	64095
and who regularly shall advise the governor and the director on	64096
matters pertaining to homeland security. The executive director	64097
shall serve at the pleasure of the director of public safety. To	64098
carry out the duties assigned under this section, the executive	64099
director, subject to the direction and control of the director of	64100
public safety, may appoint and maintain necessary staff and may	64101
enter into any necessary agreements.	64102

(D) Except as otherwise provided by law, nothing in this	64103
section shall be construed to give the director of public safety	64104
or the executive director of the division of homeland security	64105
authority over the incident management structure or	64106
responsibilities of local emergency response personnel.	64107

Sec. 5502.13.  The department of public safety shall maintain	64108
an investigative unit in order to conduct investigations and other	64109
enforcement activity authorized by Chapters 4301., 4303., 5101.,	64110
5107., and 5108., and 5115. and sections 2903.12, 2903.13,	64111
2903.14, 2907.09, 2913.46, 2917.11, 2921.13, 2921.31, 2921.32,	64112
2921.33, 2923.12, 2923.121, 2925.11, 2925.13, 2927.02, and	64113
4507.30, and 5115.03 of the Revised Code. The director of public	64114
safety shall appoint the employees of the unit who are necessary,	64115
designate the activities to be performed by those employees, and	64116
prescribe their titles and duties.	64117

Sec. 5549.21.  The board of township trustees may purchase or	64118
lease such machinery and tools as are necessary for use in	64119
constructing, reconstructing, maintaining, and repairing roads and	64120
culverts within the township, and shall provide suitable places	64121
for housing and storing machinery and tools owned by the township.	64122
It may purchase such material and employ such labor as is	64123
necessary for carrying into effect this section, or it may	64124
authorize the purchase or employment of such material and labor by	64125
one of its number, or by the township highway superintendent, at a	64126
price to be fixed by the board. All payments on account of	64127
machinery, tools, material, and labor shall be made from the	64128
township road fund. Except as otherwise provided in sections	64129
505.08, 505.101, and 5513.01 of the Revised Code, all purchases of	64130
materials, machinery, and tools shall, whereif the amount	64131
involved exceeds fifteentwenty-five thousand dollars, be made	64132
from the lowest responsible bidder after advertisement, as	64133
provided in section 5575.01 of the Revised Code. Where	64134

If, in compliance with section 505.10 of the Revised Code,	64135
the board wishes to sell machinery, equipment, or tools owned by	64136
the township to the person from whom it is to purchase other	64137
machinery, equipment, or tools, the board may offer, whereif the	64138
amount of the purchase alone involved does not exceed fifteen	64139
twenty-five thousand dollars, to sell such machinery, equipment,	64140
or tools and have the amount credited by the vendor against the	64141
purchase of the other machinery, equipment, or tools. WhereIf the	64142
purchase price of the other machinery, equipment, or tools alone	64143
exceeds fifteentwenty-five thousand dollars, the board may give	64144
notice to the competitive bidders of its willingness to accept	64145
offers for the purchase of the old machinery, equipment, or tools,	64146
and suchthose offers shall be subtracted from the selling price	64147
of the other machinery, equipment, or tools as bid, in determining	64148
the lowest responsible bidder. Notice of the willingness of the	64149
board to accept offers for the purchase of the old machinery,	64150
equipment, or tools shall be made as a part of the advertisement	64151
for bids.	64152

Sec. 5703.052. (A) There is hereby created in the state	64153
treasury the tax refund fund, from which refunds shall be paid for	64154
taxes illegally or erroneously assessed or collected, or for any	64155
other reason overpaid, that are levied by Chapter 4301., 4305.,	64156
5728., 5729., 5733., 5735., 5739., 5741., 5743., 5747., 5748.,	64157
5749., or 5753., and sections 3737.71, 3905.35, 3905.36, 4303.33,	64158
5707.03, 5725.18, 5727.28, 5727.38, 5727.81, and 5727.811 of the	64159
Revised Code. Refunds for fees illegally or erroneously assessed	64160
or collected, or for any other reason overpaid, that are levied by	64161
sections 3734.90 to 3734.9014 of the Revised Code also shall be	64162
paid from the fund. However, refunds for taxes levied under	64163
section 5739.101 of the Revised Code shall not be paid from the	64164
tax refund fund, but shall be paid as provided in section 5739.104	64165
of the Revised Code.	64166

(B)(1) Upon certification by the tax commissioner to the	64167
treasurer of state of a tax refund,or fee refund, or tax credit	64168
due, or by the superintendent of insurance of a domestic or	64169
foreign insurance tax refund, the treasurer of state mayshall	64170
place the amount certified to the credit of the fund. The	64171
certified amount transferred shall be derived from current	64172
receipts of the same tax or the fee forfrom which the refund	64173
arose or, in the case of a tax credit refund, from the current	64174
receipts of the taxes levied by sections 5739.02 and 5741.02 of	64175
the Revised Code. If	64176

If the tax refund arises from a tax payable to the general	64177
revenue fund, and current receipts from that sourcethe tax or fee	64178
from which the refund arose are inadequate to make the transfer of	64179
the amount so certified, the treasurer of state mayshall transfer	64180
such certified amount from current receipts of the sales tax	64181
levied by section 5739.02 of the Revised Code.	64182

(2) When the treasurer of state provides for the payment of a	64183
refund of a tax or fee from the current receipts of the sales tax,	64184
and the refund is for a tax or fee that is not levied by the	64185
state, the tax commissioner shall recover the amount of that	64186
refund from the next distribution of that tax or fee that	64187
otherwise would be made to the taxing jurisdiction. If the amount	64188
to be recovered would exceed twenty-five per cent of the next	64189
distribution of that tax or fee, the commissioner may spread the	64190
recovery over more than one future distribution, taking into	64191
account the amount to be recovered and the amount of the	64192
anticipated future distributions. In no event may the commissioner	64193
spread the recovery over a period to exceed twenty-four months.	64194

Sec. 5703.56. (A) As used in this section:

64195

(1) "Sham transaction" means a transaction or series of	64196
transactions without economic substance because there is no	64197
business purpose or expectation of profit other than obtaining tax	64198
benefits.	64199

(2) "Tax" includes any tax or fee administered by the tax	64200
commissioner.	64201

(3) "Taxpayer" includes any entity subject to a tax.

64202

(4) "Controlled group" means two or more persons related in	64203
such a way that one person directly or indirectly owns or controls	64204
the business operation of another member of the group. In the case	64205
of persons with stock or other equity, one person owns or controls	64206
another if it directly or indirectly owns more than fifty per cent	64207
of the other person's common stock with voting rights or other	64208
equity with voting rights.	64209

(B) The tax commissioner may disregard any sham transaction	64210
in ascertaining any taxpayer's tax liability. Except as otherwise	64211
provided in the Revised Code, with respect to transactions between	64212
members of a controlled group, the taxpayer shall bear the burden	64213
of establishing by a preponderance of the evidence that a	64214
transaction or series of transactions between the taxpayer and one	64215
or more members of the controlled group was not a sham	64216
transaction. Except as otherwise provided in the Revised Code, for	64217
all other taxpayers, the tax commissioner shall bear the burden of	64218
establishing by a preponderance of the evidence that a transaction	64219
or series of transactions was a sham transaction.	64220

(C) In administering any tax, the tax commissioner may apply	64221
the doctrines of "economic reality," "substance over form," and	64222
"step transaction."	64223

(D) If the commissioner disregards a sham transaction under	64224
division (B) of this section, the applicable limitation period for	64225
assessing the tax, together with applicable penalties, charges,	64226
and interest, shall be extended for a period equal to the	64227
applicable limitation period. Nothing in this division shall be	64228
construed as extending an applicable limitation period for	64229
claiming any refund of a tax.	64230

(E) The tax commissioner may, in accordance with Chapter 119.	64231
of the Revised Code, adopt rules that are necessary to administer	64232
this section, including rules establishing criteria for	64233
identifying sham transactions.	64234

Sec. 5703.57. (A) As used in this section, "Ohio business	64235
gateway" has the same meaning as in section 718.051 of the Revised	64236
Code.	64237

(B) There is hereby created the Ohio business gateway	64238
steering committee to direct the continuing development of the	64239
Ohio business gateway and to oversee its operations. The committee	64240
shall provide general oversight regarding operation of the Ohio	64241
business gateway and shall recommend to the department of	64242
administrative services enhancements that will improve the Ohio	64243
business gateway. The committee shall consider all banking,	64244
technological, administrative, and other issues associated with	64245
the Ohio business gateway and shall make recommendations regarding	64246
the type of reporting forms or other tax documents to be filed	64247
through the Ohio business gateway.	64248

(C) The committee shall consist of:

64249

(1) The following members, appointed by the governor with the	64250
advice and consent of the senate:	64251

(a) Not more than two representatives of the business	64252
community;	64253

(b) Not more than three representatives of municipal tax	64254
administrators; and	64255

(c) Not more than two tax practitioners.

64256

(2) The following ex officio members:

64257

(a) The director or other highest officer of each state	64258
agency that has tax reporting forms or other tax documents filed	64259
with it through the Ohio business gateway or the director's	64260
designee;	64261

(b) The secretary of state or the secretary of state's	64262
designee;	64263

(c) The treasurer of state or the treasurer of state's	64264
designee;	64265

(d) The director of budget and management or the director's	64266
designee;	64267

(e) The director of administrative services or the director's	64268
designee; and	64269

(f) The tax commissioner or the tax commissioner's designee.

64270

An appointed member shall serve until the member resigns or	64271
is removed by the governor. Vacancies shall be filled in the same	64272
manner as original appointments.	64273

(D) A vacancy on the committee does not impair the right of	64274
the other members to exercise all the functions of the committee.	64275
The presence of a majority of the members of the committee	64276
constitutes a quorum for the conduct of business of the committee.	64277
The concurrence of at least a majority of the members of the	64278
committee is necessary for any action to be taken by the	64279
committee. On request, each member of the committee shall be	64280
reimbursed for the actual and necessary expenses incurred in the	64281
discharge of the member's duties.	64282

(E) The board is a part of the department of taxation for	64283
administrative purposes.	64284

(F) Each year, the governor shall select a member of the	64285
committee to serve as chairperson. The chairperson shall appoint	64286
an official or employee of the department of taxation to act as	64287
the committee's secretary. The secretary shall keep minutes of the	64288
committee's meetings and a journal of all meetings, proceedings,	64289
findings, and determinations of the committee.	64290

(G) The board shall hire professional, technical, and	64291
clerical staff needed to support its activities.	64292

(H) The committee shall meet as often as necessary to perform	64293
its duties.	64294

Sec. 5703.58. (A) As used in this section, "felony" has the	64295
same meaning as in section 109.511 of the Revised Code.	64296

(B) For the purposes of enforcing all laws relating to taxes	64297
and fees that the tax commissioner is responsible for	64298
administering, the tax commissioner, by journal entry, may	64299
delegate any investigation powers of the commissioner to an	64300
employee of the department of taxation who has been certified by	64301
the executive director of the Ohio peace officer training	64302
commission. Each journal entry shall be a matter of public record	64303
and shall be kept in an administrative portion of the journal	64304
maintained under division (L) of section 5703.05 of the Revised	64305
Code. When that journal entry is completed, the employee to whom	64306
it pertains, while engaged within the scope of the employee's	64307
duties in enforcing the laws that the commissioner is responsible	64308
for administering, has the power of a police officer to carry	64309
concealed weapons, make arrests, and obtain warrants for	64310
violations of those laws. The commissioner, at any time, may	64311
suspend or revoke the commissioner's delegation by journal entry.	64312

(C) The tax commissioner shall not delegate any investigation	64313
powers to an employee of the department of taxation under division	64314
(B) of this section if the employee has been convicted of or has	64315
pleaded guilty to a felony.	64316

(D)(1) The tax commissioner shall revoke the delegation of	64317
investigation powers to an employee to whom the delegation was	64318
made under division (B) of this section if that employee does	64319
either of the following:	64320

(a) Pleads guilty to a felony;

64321

(b) Pleads guilty to a misdemeanor pursuant to a negotiated	64322
plea agreement, as provided in division (D) of section 2929.29 of	64323
the Revised Code, in which the employee agrees under section	64324
109.77 of the Revised Code to surrender the certificate awarded to	64325
that employee.	64326

(2) The tax commissioner shall suspend the delegation of	64327
investigation powers to an employee to whom the delegation was	64328
made under division (B) of this section if that employee is	64329
convicted, after trial, of a felony. If the employee files an	64330
appeal from that conviction and the conviction is upheld by the	64331
highest court to which the appeal is taken, or if the employee	64332
does not file a timely appeal, the commissioner shall revoke the	64333
delegation of investigation powers to that employee. If the	64334
employee files an appeal that results in that employee's acquittal	64335
of the felony or conviction of a misdemeanor, or in the dismissal	64336
of the felony charge against that employee, the commissioner shall	64337
reinstate the delegation of investigation powers to that employee.	64338
The revocation, suspension, or reinstatement of the delegation of	64339
investigation powers to an employee under division (D) of this	64340
section shall be made by journal entry pursuant to division (B) of	64341
this section. An employee to whom the delegation of investigation	64342
powers is reinstated under division (D)(2) of this section shall	64343
not receive any back pay for the exercise of those investigation	64344
powers, unless that employee's conviction of the felony was	64345
reversed on appeal, or the felony charge was dismissed, because	64346
the court found insufficient evidence to convict the employee of	64347
the felony.	64348

(3) The revocation or suspension of the delegation of	64349
investigation powers to an employee under division (D) of this	64350
section shall be in accordance with Chapter 119. of the Revised	64351
Code.	64352

(E) Divisions (C) and (D) of this section do not apply to an	64353
offense that was committed prior to January 1, 1997.	64354

(F) Nothing in this section limits the tax commissioner's	64355
ability to have other employees of the department of taxation	64356
conduct investigations as authorized by sections 5703.17 and	64357
5703.19 of the Revised Code.	64358

(G) The department of taxation shall cooperate with the	64359
attorney general, local law enforcement officials, and appropriate	64360
agencies of the federal government and other states in the	64361
investigation and prosecution of violations of all laws relating	64362
to taxes and fees administered by the tax commissioner.	64363

Sec. 5703.80. There is hereby created in the state treasury	64364
the property tax administration fund. All money to the credit of	64365
the fund shall be used to defray the costs incurred by the	64366
department of taxation in administering the taxation of property	64367
and the equalization of real property valuation.	64368

Each fiscal year between the first and fifteenth days of	64369
July, the tax commissioner shall compute the following amounts for	64370
the property in each taxing district in each county, and certify	64371
to the director of budget and management the sum of those amounts	64372
for all taxing districts in all counties:	64373

(A) Three-tenths of one per cent of the total amount by which	64374
taxes charged against real property on the general tax list of	64375
real and public utility property were reduced under section	64376
319.302 of the Revised Code for the preceding tax year;	64377

(B) Fifteen-hundredths of one per cent of the total amount of	64378
taxes charged and payable against public utility personal property	64379
on the general tax list of real and public utility property for	64380
the preceding tax year;	64381

(C) Seventy-five hundredths of one per cent of the total	64382
amount of taxes charged and payable against tangible personal	64383
property on the general tax list of personal property of the	64384
preceding tax year and for which returns were filed with the tax	64385
commissioner under section 5711.13 of the Revised Code.	64386

After receiving the tax commissioner's certification, the	64387
director of budget and management shall transfer from the general	64388
revenue fund to the property tax administration fund one-fourth of	64389
the amount certified on or before each of the following days: the	64390
first days of August, November, February, and May.	64391

On or before the thirtieth day of June of the fiscal year,	64392
the tax commissioner shall certify to the director of budget and	64393
management the sum of the amounts by which the amounts computed	64394
for a taxing district under divisions (A), (B), and (C) of this	64395
section exceeded the distributions to the taxing district under	64396
division (F) of section 321.24 of the Revised Code, and the	64397
director shall transfer that sum from the property tax	64398
administration fund to the general revenue fund.	64399

Sec. 5705.39.  The total appropriations from each fund shall	64400
not exceed the total of the estimated revenue available for	64401
expenditure therefrom, as certified by the budget commission, or	64402
in case of appeal, by the board of tax appeals. No appropriation	64403
measure shall become effective until the county auditor files with	64404
the appropriating authority and in the case of a school district,	64405
also files with the superintendent of public instruction, a	64406
certificate that the total appropriations from each fund, taken	64407
together with all other outstanding appropriations, do not exceed	64408
such official estimate or amended official estimate. When the	64409
appropriation does not exceed such official estimate, the county	64410
auditor shall give such certificate forthwith upon receiving from	64411
the appropriating authority a certified copy of the appropriation	64412
measure, a copy of which he shall deliver to the superintendent of	64413
public instruction in the case of a school district.	64414
Appropriations shall be made from each fund only for the purposes	64415
for which such fund is established.	64416

Sec. 5705.41.  No subdivision or taxing unit shall:

64417

(A) Make any appropriation of money except as provided in	64418
Chapter 5705. of the Revised Code; provided, that the	64419
authorization of a bond issue shall be deemed to be an	64420
appropriation of the proceeds of the bond issue for the purpose	64421
for which such bonds were issued, but no expenditure shall be made	64422
from any bond fund until first authorized by the taxing authority;	64423

(B) Make any expenditure of money unless it has been	64424
appropriated as provided in such chapter;	64425

(C) Make any expenditure of money except by a proper warrant	64426
drawn against an appropriate fund;	64427

(D)(1) Except as otherwise provided in division (D)(2) of	64428
this section and section 5705.44 of the Revised Code, make any	64429
contract or give any order involving the expenditure of money	64430
unless there is attached thereto a certificate of the fiscal	64431
officer of the subdivision that the amount required to meet the	64432
obligation or, in the case of a continuing contract to be	64433
performed in whole or in part in an ensuing fiscal year, the	64434
amount required to meet the obligation in the fiscal year in which	64435
the contract is made, has been lawfully appropriated for such	64436
purpose and is in the treasury or in process of collection to the	64437
credit of an appropriate fund free from any previous encumbrances.	64438
This certificate need be signed only by the subdivision's fiscal	64439
officer. Every such contract made without such a certificate shall	64440
be void, and no warrant shall be issued in payment of any amount	64441
due thereon. If no certificate is furnished as required, upon	64442
receipt by the taxing authority of the subdivision or taxing unit	64443
of a certificate of the fiscal officer stating that there was at	64444
the time of the making of such contract or order and at the time	64445
of the execution of such certificate a sufficient sum appropriated	64446
for the purpose of such contract and in the treasury or in process	64447
of collection to the credit of an appropriate fund free from any	64448
previous encumbrances, such taxing authority may authorize the	64449
drawing of a warrant in payment of amounts due upon such contract,	64450
but such resolution or ordinance shall be passed within thirty	64451
days after the taxing authority receives such certificate;	64452
provided that, if the amount involved is less than one hundred	64453
dollars in the case of counties or three thousand dollars in the	64454
case of all other subdivisions or taxing units, the fiscal officer	64455
may authorize it to be paid without such affirmation of the taxing	64456
authority of the subdivision or taxing unit, if such expenditure	64457
is otherwise valid.	64458

(2) Annually, the board of county commissioners may adopt a	64459
resolution exempting for the current fiscal year county purchases	64460
of seven hundred fifty dollars or less from the requirement of	64461
division (D)(1) of this section that a certificate be attached to	64462
any contract or order involving the expenditure of money. The	64463
resolution shall state the dollar amount that is exempted from the	64464
certificate requirement and whether the exemption applies to all	64465
purchases, to one or more specific classes of purchases, or to the	64466
purchase of one or more specific items. Prior to the adoption of	64467
the resolution, the board shall give written notice to the county	64468
auditor that it intends to adopt the resolution. The notice shall	64469
state the dollar amount that is proposed to be exempted and	64470
whether the exemption would apply to all purchases, to one or more	64471
specific classes of purchases, or to the purchase of one or more	64472
specific items. The county auditor may review and comment on the	64473
proposal, and shall send any comments to the board within fifteen	64474
days after receiving the notice. The board shall wait at least	64475
fifteen days after giving the notice to the auditor before	64476
adopting the resolution. A person authorized to make a county	64477
purchase in a county that has adopted such a resolution shall	64478
prepare and file with the county auditor, within three business	64479
days after incurring an obligation not requiring a certificate, a	64480
written document specifying the purpose and amount of the	64481
expenditure, the date of the purchase, the name of the vendor, and	64482
such additional information as the auditor of state may prescribe.	64483

(3) Upon certification by the auditor or other chief fiscal	64484
officer that a certain sum of money, not in excess of five	64485
thousand dollarsan amount established by resolution or ordinance	64486
adopted by a majority of the members of the legislative authority	64487
of the subdivision or taxing unit, has been lawfully appropriated,	64488
authorized, or directed for a certain purpose and is in the	64489
treasury or in the process of collection to the credit of a	64490
specific line-item appropriation account in a certain fund free	64491
from previous and then outstanding obligations or certifications,	64492
then for such purpose and from such line-item appropriation	64493
account in such fund, over a period not exceeding three months and	64494
not extending beyond the end of the fiscal year, expenditures may	64495
be made, orders for payment issued, and contracts or obligations	64496
calling for or requiring the payment of money made and assumed;	64497
provided, that the aggregate sum of money included in and called	64498
for by such expenditures, orders, contracts, and obligations shall	64499
not exceed the sum so certified. Such a certification need be	64500
signed only by the fiscal officer of the subdivision or the taxing	64501
district and may, but need not, be limited to a specific vendor.	64502
An itemized statement of obligations incurred and expenditures	64503
made under such certificate shall be rendered to the auditor or	64504
other chief fiscal officer before another such certificate may be	64505
issued, and not more than one such certificate shall be	64506
outstanding at a time.	64507

In addition to providing the certification for expenditures	64508
of five thousand dollars or less as providedspecified in this	64509
division, a subdivision also may make expenditures, issue orders	64510
for payment, and make contracts or obligations calling for or	64511
requiring the payment of money made and assumed for specified	64512
permitted purposes from a specific line-item appropriation account	64513
in a specified fund for a sum of money upon the certification by	64514
the fiscal officer of the subdivision that this sum of money has	64515
been lawfully appropriated, authorized, or directed for a	64516
permitted purpose and is in the treasury or in the process of	64517
collection to the credit of the specific line-item appropriation	64518
account in the specified fund free from previous and	64519
then-outstanding obligations or certifications; provided that the	64520
aggregate sum of money included in and called for by the	64521
expenditures, orders, and obligations shall not exceed the	64522
certified sum. The purposes for which a subdivision may lawfully	64523
appropriate, authorize, or issue such a certificate are the	64524
services of an accountant, architect, attorney at law, physician,	64525
professional engineer, construction project manager, consultant,	64526
surveyor, or appraiser by or on behalf of the subdivision or	64527
contracting authority; fuel oil, gasoline, food items, roadway	64528
materials, and utilities; and any purchases exempt from	64529
competitive bidding under section 125.04 of the Revised Code and	64530
any other specific expenditure that is a recurring and reasonably	64531
predictable operating expense. Such a certification shall not	64532
extend beyond the end of the fiscal year or, in the case of a	64533
board of county commissioners that has established a quarterly	64534
spending plan under section 5705.392 of the Revised Code, beyond	64535
the quarter to which the plan applies. Such a certificate shall be	64536
signed by the fiscal officer and may, but need not, be limited to	64537
a specific vendor. An itemized statement of obligations incurred	64538
and expenditures made under such a certificate shall be rendered	64539
to the fiscal officer for each certificate issued. More than one	64540
such certificate may be outstanding at any time.	64541

In any case in which a contract is entered into upon a per	64542
unit basis, the head of the department, board, or commission for	64543
the benefit of which the contract is made shall make an estimate	64544
of the total amount to become due upon such contract, which	64545
estimate shall be certified in writing to the fiscal officer of	64546
the subdivision. Such a contract may be entered into if the	64547
appropriation covers such estimate, or so much thereof as may be	64548
due during the current year. In such a case the certificate of the	64549
fiscal officer based upon the estimate shall be a sufficient	64550
compliance with the law requiring a certificate.	64551

Any certificate of the fiscal officer attached to a contract	64552
shall be binding upon the political subdivision as to the facts	64553
set forth therein. Upon request of any person receiving an order	64554
or entering into a contract with any political subdivision, the	64555
certificate of the fiscal officer shall be attached to such order	64556
or contract. "Contract" as used in this section excludes current	64557
payrolls of regular employees and officers.	64558

Taxes and other revenue in process of collection, or the	64559
proceeds to be derived from authorized bonds, notes, or	64560
certificates of indebtedness sold and in process of delivery,	64561
shall for the purpose of this section be deemed in the treasury or	64562
in process of collection and in the appropriate fund. This section	64563
applies neither to the investment of sinking funds by the trustees	64564
of such funds, nor to investments made under sections 731.56 to	64565
731.59 of the Revised Code.	64566

No district authority shall, in transacting its own affairs,	64567
do any of the things prohibited to a subdivision by this section,	64568
but the appropriation referred to shall become the appropriation	64569
by the district authority, and the fiscal officer referred to	64570
shall mean the fiscal officer of the district authority.	64571

Sec. 5705.412.  (A) As used in this section, "qualifying	64572
contract" means any agreement for the expenditure of money under	64573
which aggregate payments from the funds included in the school	64574
district's five-year forecast under section 5705.391 of the	64575
Revised Code will exceed the lesser of the following amounts:	64576

(1) Five hundred thousand dollars;

64577

(2) One per cent of the total revenue to be credited in the	64578
current fiscal year to the district's general fund, as specified	64579
in the district's most recent certificate of estimated resources	64580
certified under section 5705.36 of the Revised Code.	64581

(B) Notwithstanding section 5705.41 of the Revised Code, no	64582
school district shall adopt any appropriation measure, make any	64583
qualifying contract, or increase during any school year any wage	64584
or salary schedule unless there is attached thereto a certificate,	64585
signed as required by this section, that the school district has	64586
in effect the authorization to levy taxes including the renewal or	64587
replacement of existing levies which, when combined with the	64588
estimated revenue from all other sources available to the district	64589
at the time of certification, are sufficient to provide the	64590
operating revenues necessary to enable the district to maintain	64591
all personnel and programs for all the days set forth in its	64592
adopted school calendars for the current fiscal year and for a	64593
number of days in succeeding fiscal years equal to the number of	64594
days instruction was held or is scheduled for the current fiscal	64595
year, as follows:	64596

(1) A certificate attached to an appropriation measure under	64597
this section shall cover only the fiscal year in which the	64598
appropriation measure is effective and shall not consider the	64599
renewal or replacement of an existing levy as the authority to	64600
levy taxes that are subject to appropriation in the current fiscal	64601
year unless the renewal or replacement levy has been approved by	64602
the electors and is subject to appropriation in the current fiscal	64603
year.	64604

(2) A certificate attached, in accordance with this section,	64605
to any qualifying contract shall cover the term of the contract.	64606

(3) A certificate attached under this section to a wage or	64607
salary schedule shall cover the term of the schedule.	64608

If the board of education has not adopted a school calendar	64609
for the school year beginning on the first day of the fiscal year	64610
in which a certificate is required, the certificate attached to an	64611
appropriation measure shall include the number of days on which	64612
instruction was held in the preceding fiscal year and other	64613
certificates required under this section shall include that number	64614
of days for the fiscal year in which the certificate is required	64615
and any succeeding fiscal years that the certificate must cover.	64616

The certificate shall be signed by the treasurer and	64617
president of the board of education and the superintendent of the	64618
school district, unless the district is in a state of fiscal	64619
emergency declared under Chapter 3316. of the Revised Code. In	64620
that case, the certificate shall be signed by a member of the	64621
district's financial planning and supervision commission who is	64622
designated by the commission for this purpose.	64623

(C) Every qualifying contract made or wage or salary schedule	64624
adopted or put into effect without such a certificate shall be	64625
void, and no payment of any amount due thereon shall be made.	64626

(D) The department of education and the auditor of state	64627
jointly shall adopt rules governing the methods by which	64628
treasurers, presidents of boards of education, superintendents,	64629
and members of financial planning and supervision commissions	64630
shall estimate revenue and determine whether such revenue is	64631
sufficient to provide necessary operating revenue for the purpose	64632
of making certifications required by this section.	64633

(E) The auditor of state shall be responsible for determining	64634
whether school districts are in compliance with this section. At	64635
the time a school district is audited pursuant to section 117.11	64636
of the Revised Code, the auditor of state shall review each	64637
certificate issued under this section since the district's last	64638
audit, and the appropriation measure, contract, or wage and salary	64639
schedule to which such certificate was attached. If the auditor of	64640
state determines that a school district has not complied with this	64641
section with respect to any qualifying contract or wage or salary	64642
schedule, the auditor of state shall notify the prosecuting	64643
attorney for the county, the city director of law, or other chief	64644
law officer of the school district. That officer may file a civil	64645
action in any court of appropriate jurisdiction to seek a	64646
declaration that the contract or wage or salary schedule is void,	64647
to recover for the school district from the payee the amount of	64648
payments already made under it, or both, except that the officer	64649
shall not seek to recover payments made under any collective	64650
bargaining agreement entered into under Chapter 4117. of the	64651
Revised Code. If the officer does not file such an action within	64652
one hundred twenty days after receiving notice of noncompliance	64653
from the auditor of state, any taxpayer may institute the action	64654
in the taxpayer's own name on behalf of the school district.	64655

(F) This section does not apply to any contract or increase	64656
in any wage or salary schedule that is necessary in order to	64657
enable a board of education to comply with division (B) of section	64658
3317.13 of the Revised Code, provided the contract or increase	64659
does not exceed the amount required to be paid to be in compliance	64660
with such division.	64661

(G) Any officer, employee, or other person who expends or	64662
authorizes the expenditure of any public funds or authorizes or	64663
executes any contract or schedule contrary to this section,	64664
expends or authorizes the expenditure of any public funds on the	64665
void contract or schedule, or issues a certificate under this	64666
section which contains any false statements is liable to the	64667
school district for the full amount paid from the district's funds	64668
on the contract or schedule. The officer, employee, or other	64669
person is jointly and severally liable in person and upon any	64670
official bond that the officer, employee, or other person has	64671
given to the school district to the extent of any payments on the	64672
void claim, not to exceed ten thousand dollars. However, no	64673
officer, employee, or other person shall be liable for a mistaken	64674
estimate of available resources made in good faith and based upon	64675
reasonable grounds. If an officer, employee, or other person is	64676
found to have complied with rules jointly adopted by the	64677
department of education and the auditor of state under this	64678
section governing methods by which revenue shall be estimated and	64679
determined sufficient to provide necessary operating revenue for	64680
the purpose of making certifications required by this section, the	64681
officer, employee, or other person shall not be liable under this	64682
section if the estimates and determinations made according to	64683
those rules do not, in fact, conform with actual revenue. The	64684
prosecuting attorney of the county, the city director of law, or	64685
other chief law officer of the district shall enforce this	64686
liability by civil action brought in any court of appropriate	64687
jurisdiction in the name of and on behalf of the school district.	64688
If the prosecuting attorney, city director of law, or other chief	64689
law officer of the district fails, upon the written request of any	64690
taxpayer, to institute action for the enforcement of the	64691
liability, the attorney general, or the taxpayer in the taxpayer's	64692
own name, may institute the action on behalf of the subdivision.	64693

(H) This section does not require the attachment of an	64694
additional certificate beyond that required by section 5705.41 of	64695
the Revised Code for current payrolls of, or contracts of	64696
employment with, regularany employees or officers of the school	64697
district.	64698

This section does not require the attachment of a certificate	64699
to a temporary appropriation measure if all of the following	64700
apply:	64701

(1) The amount appropriated does not exceed twenty-five per	64702
cent of the total amount from all sources available for	64703
expenditure from any fund during the preceding fiscal year;	64704

(2) The measure will not be in effect on or after the	64705
thirtieth day following the earliest date on which the district	64706
may pass an annual appropriation measure;	64707

(3) An amended official certificate of estimated resources	64708
for the current year, if required, has not been certified to the	64709
board of education under division (B) of section 5705.36 of the	64710
Revised Code.	64711

Sec. 5709.20.  As used in sections 5709.20 to 5709.27 of the	64712
Revised Code:	64713

(A) "Air contaminant" means particulate matter, dust, fumes,	64714
gas, mist, smoke, vapor, or odorous substances, or any combination	64715
thereof.	64716

(B) "Air pollution control facility" means any property	64717
designed, constructed, or installed for the primary purpose of	64718
eliminating or reducing the emission of, or ground level	64719
concentration of, air contaminants whichgenerated at an	64720
industrial or commercial plant or site that renders air harmful or	64721
inimical to the public health or to property within this state, or	64722
such property installed on or after November 1, 1993, at a	64723
petroleum refinery for the primary purpose of eliminating or	64724
reducing substances within fuel that otherwise would create the	64725
emission of air contaminants upon the combustion of fuel.	64726

(C) "Energy conversion" means the conversion of fuel or power	64727
usage and consumption from natural gas to an alternate fuel or	64728
power source other than propane, butane, naphtha, or fuel oil; or	64729
the conversion of fuel or power usage and consumption from fuel	64730
oil to an alternate fuel or power source other than natural gas,	64731
propane, butane, or naphtha.	64732

(D) "Energy conversion facility" means any additional	64733
property or equipment designed, constructed, or installed after	64734
December 31, 1974, for use at an industrial or commercial plant or	64735
site for the primary purpose of energy conversion.	64736

(E) "Exempt facility" means any of the facilities defined in	64737
division (B), (D), (F), (I), (K), or (L) of this section for which	64738
an exempt facility certificate is issued pursuant to section	64739
5709.21 or for which a certificate remains valid under section	64740
5709.201 of the Revised Code.	64741

(F) "Noise pollution control facility" means any property	64742
designed, constructed, or installed in or onfor use at an	64743
industrial or commercial plant or site for the primary purpose of	64744
eliminating or reducing, at that plant or site, the emission of	64745
sound which is harmful or inimical to persons or property, or	64746
materially reduces the quality of the environment, as shall be	64747
determined by the director of environmental protection within such	64748
standards for noise pollution control facilities and standards for	64749
environmental noise necessary to protect public health and welfare	64750
as may be promulgated by the United States environmental	64751
protection agency. In the absence of such United States	64752
environmental protection agency standards, the determination shall	64753
be made in accordance with generally accepted current standards of	64754
good engineering practice in environmental noise control.	64755

Facilities(G) "Solid waste" means such unwanted residual	64756
solid or semi-solid material as results from industrial	64757
operations, including those of public utility companies, and	64758
commercial, distribution, research, agricultural, and community	64759
operations, including garbage, combustible or noncombustible,	64760
street dirt, and debris.	64761

(H) "Solid waste energy conversion" means the conversion of	64762
solid waste into energy and the utilization of such energy for	64763
some useful purpose.	64764

(I) "Solid waste energy conversion facility" means any	64765
property or equipment designed, constructed, or installed after	64766
December 31, 1974, for use at an industrial or a commercial plant	64767
or site for the primary purpose of solid waste energy conversion.	64768

(J) "Thermal efficiency improvement" means the recovery and	64769
use of waste heat or waste steam produced incidental to electric	64770
power generation, industrial process heat generation, lighting,	64771
refrigeration, or space heating.	64772

(K) "Thermal efficiency improvement facility" means any	64773
property or equipment designed, constructed, or installed after	64774
December 31, 1974, for use at an industrial or a commercial plant	64775
or site for the primary purpose of thermal efficiency improvement.	64776

(L) "Industrial water pollution control facility" means any	64777
property designed, constructed, or installed for the primary	64778
purpose of collecting or conducting industrial waste to a point of	64779
disposal or treatment; reducing, controlling, or eliminating water	64780
pollution caused by industrial waste; or reducing, controlling, or	64781
eliminating the discharge into a disposal system of industrial	64782
waste or what would be industrial waste if discharged into the	64783
waters of this state. This division applies only to property	64784
related to an industrial water pollution control facility placed	64785
into operation or initially capable of operation after December	64786
31, 1965, and installed pursuant to the approval of the	64787
environmental protection agency or any other governmental agency	64788
having authority to approve the installation of industrial water	64789
pollution control facilities. The definitions in section 6111.01	64790
of the Revised Code, as applicable, apply to the terms used in	64791
this division.	64792

(M) Property designed, constructed, installed, used, or	64793
placed in operation solelyprimarily for the safety, health,	64794
protection, or benefit, or any combination thereof, of personnel,	64795
or byof a business solely for its, or primarily for a business's	64796
own benefit, are not pollution control facilitiesis not an	64797
"exempt facility."	64798

Sec. 5709.201.  (A) Except as provided in divisions (C)(4)(a)	64799
and (c) of section 5709.22 and division (F) of section 5709.25 of	64800
the Revised Code, a certificate issued under section 5709.21,	64801
5709.31, 5709.46, or 6111.31 of the Revised Code that was valid	64802
and in effect on the effective date of this section shall continue	64803
in effect subject to the law as it existed before that effective	64804
date. Division (C)(4)(b) of section 5709.22 of the Revised Code	64805
does not apply to any certificate issued by the tax commissioner	64806
before July 1, 2003.	64807

(B) Any applications pending on the effective date of this	64808
section for which a certificate had not been issued on or before	64809
that effective date under section 6111.31 of the Revised Code	64810
shall be transferred to the tax commissioner for further	64811
administering. Sections 5709.20 to 5709.27 of the Revised Code	64812
apply to such pending applications, excluding the requirement of	64813
section 5709.212 of the Revised Code that applicants must pay the	64814
fee.	64815

(C) For applications pending on the effective date of this	64816
section, division (D) of section 5709.25 of the Revised Code	64817
allowing the commissioner to assess any additional tax	64818
notwithstanding any other time limitations imposed by law on the	64819
denied portion of the applicant's claim applies only to tax	64820
periods that would otherwise be open to assessment on that	64821
effective date.	64822

Sec. 5709.21. (A) As used in this section:

64823

(1) "Exclusive property" means real and personal property	64824
that is installed, used, and necessary for the operation of an	64825
exempt facility, and that is not auxiliary property unless the	64826
auxiliary property exempt cost equals or exceeds eighty-five per	64827
cent of the total cost of the property.	64828

(2) "Auxiliary property" means personal property installed,	64829
used, and necessary for the operation of an exempt facility that	64830
is also used in other operations of the business other than an	64831
exempt facility purpose described in section 5709.20 of the	64832
Revised Code. "Auxiliary property" does not include property with	64833
an auxiliary property exempt cost that is less than or equal to	64834
fifteen per cent of the total cost of such property.	64835

(3) "Auxiliary property exempt cost" means the cost of	64836
auxiliary property calculated as follows:	64837

(a) If the auxiliary property is used for an exempt facility	64838
purpose for discrete periods of time, the exempt cost shall be	64839
determined by the ratio of time the auxiliary property is in use	64840
in such exempt capacity to the total time it is in use. Division	64841
(A)(3)(a) of this section does not apply if the property is	64842
concurrently used for an exempt facility purpose and a nonexempt	64843
facility purpose.	64844

(b) The applicant has the burden of proving the exempt cost	64845
of all auxiliary property not described in division (A)(3)(a) of	64846
this section.	64847

(c) Any cost related to an expansion of the commercial or	64848
industrial site that is not related to the operation of the exempt	64849
facility shall not be included as an auxiliary exempt cost under	64850
division (A)(3) of this section.	64851

(B) Application for an air or noise pollution controlexempt	64852
facility certificate shall be filed with the tax commissioner in	64853
such manner and in such form as may be prescribed by regulations	64854
issued by the tax commissioner and. The application shall contain	64855
plans and specifications of the structure or structuresproperty,	64856
including all materials incorporated andor to be incorporated	64857
therein and their associated costs, and a descriptive list of all	64858
equipment acquired or to be acquired by the applicant for the	64859
purpose of air or noise pollution controlexempt facility and its	64860
associated cost. If the commissioner, after obtaining the opinion	64861
of the director of environmental protection, finds that the	64862
proposed facilityproperty was designed primarily for the control	64863
of air or noise pollution as defined in section 5709.20 of the	64864
Revised Code,as an exempt facility and is suitable and reasonably	64865
adequate for such purpose and is intended for such purpose, hethe	64866
commissioner shall enter a finding and issue a certificate to that	64867
effect. Said certificate shall permit tax exemption pursuant to	64868
section 5709.25 of the Revised Code only for that portion of such	64869
pollution control facility or that part used exclusively for air	64870
or noise pollution control. The effective date of saidthe	64871
certificate shall be the date of the making of the application was	64872
made for such certificate or the date of the construction of the	64873
facility, whichever is earlier; provided, that if such application	64874
relates to facilities placed in operation or capable of operation	64875
prior to October 2, 1969, the effective date of the certificate	64876
shall be the date of the application.	64877

Nothing in this section shall be construed to extend the time	64878
period to file, to keep the time period to file open, or supersede	64879
the requirement of filing a tax refund or other tax reduction	64880
request in the manner and within the time prescribed by law.	64881

(C)(1) Except as provided in division (C)(2) of this section,	64882
the certificate shall permit tax exemption pursuant to section	64883
5709.25 of the Revised Code only for that portion of such exempt	64884
facility that is exclusive property used for a purpose enumerated	64885
in section 5709.20 of the Revised Code.	64886

(2) Auxiliary property shall be permitted a partial tax	64887
exemption under section 5709.25 of the Revised Code, but only to	64888
the extent allowed pursuant to division (A)(3) of this section.	64889

(D) The tax commissioner may allow an applicant to file one	64890
application that applies to more than one exempt facility that are	64891
the same or substantially similar, so long as such facilities are	64892
located within the same county.	64893

Sec. 5709.211.  (A) Before issuing an exempt facility	64894
certificate pursuant to section 5709.21 of the Revised Code, the	64895
tax commissioner shall provide a copy of a properly completed	64896
application to, and obtain the opinion of, the director of	64897
environmental protection in the case of an exempt facility	64898
described in division (B), (F), or (L) of section 5709.20 of the	64899
Revised Code, or provide a copy of the application to, and obtain	64900
the opinion of, the director of development in the case of an	64901
application for an exempt facility described in division (D), (I),	64902
or (K) of section 5709.20 of the Revised Code. The opinion shall	64903
provide the commissioner with a recommendation of whether the	64904
property is primarily designed, constructed, installed, and used	64905
as an exempt facility. The applicant shall provide additional	64906
information upon request by the tax commissioner, the director of	64907
environmental protection, or the director of development, and	64908
allow them to inspect the property listed in the application for	64909
the purposes of sections 5709.20 to 5709.27 of the Revised Code.	64910
The tax commissioner shall provide to the applicant a copy of the	64911
opinion issued by either the director of environmental protection	64912
or the director of the department of development.	64913

(B) The opinions of the director of the environmental	64914
protection agency and the director of development under division	64915
(A) of this section or division (C)(4) of section 5709.22 of the	64916
Revised Code are not final actions or orders subject to appeal.	64917

Sec. 5709.212.  (A) With every application for an exempt	64918
facility certificate filed pursuant to section 5709.21 of the	64919
Revised Code, the applicant shall pay a fee equal to one-half of	64920
one per cent of the total exempt facility project cost, not to	64921
exceed two thousand dollars. One-half of the fee received with	64922
applications for exempt facility certificates shall be credited to	64923
the exempt facility administrative fund, which is hereby created	64924
in the state treasury, for appropriation to the department of	64925
taxation for use in administering sections 5709.20 to 5709.27 of	64926
the Revised Code. If the director of environmental protection is	64927
required to provide the opinion for an application, one-half of	64928
the fee shall be credited to the clean air fund created in section	64929
3704.035 of the Revised Code for use in administering section	64930
5709.211 of the Revised Code, unless the application is for an	64931
industrial water pollution control facility. If the application is	64932
for an industrial water pollution control facility, one-half of	64933
the fee shall be credited to the surface water protection fund	64934
created in section 6111.038 of the Revised Code for use in	64935
administering section 5709.211 of the Revised Code. If the	64936
director of development is required to provide the opinion for an	64937
application, one-half of the fee for each exempt facility	64938
application shall be credited to the exempt facility inspection	64939
fund, which is hereby created in the state treasury, for	64940
appropriation to the department of development for use in	64941
administering section 5709.211 of the Revised Code.	64942

An applicant is not entitled to any tax exemption under	64943
section 5709.25 of the Revised Code until the fee required by this	64944
section is paid. The fee required by this section is not	64945
refundable, and is due with the application for an exempt facility	64946
certificate even if an exempt facility certificate ultimately is	64947
not issued or is withdrawn. Any application submitted without	64948
payment of the fee shall be deemed incomplete until the fee is	64949
paid.	64950

(B) The application fee imposed under division (A) of this	64951
section for a jointly owned facility shall be equal to one-half of	64952
one per cent of the total exempt facility project cost, not to	64953
exceed two thousand dollars for each facility that is the subject	64954
of the application.	64955

Sec. 5709.22. Before issuing any certificate the tax	64956
commissioner shall give notice in writing by mail to the auditor	64957
of the county in which such facilities are located, and shall	64958
afford to the applicant and to the auditor an opportunity for a	64959
hearing. On like notice to the applicant and opportunity for a	64960
hearing, the commissioner shall on his(A) After receiving an	64961
opinion from the director of environmental protection or the	64962
director of development, the tax commissioner shall promptly	64963
ascertain if an application filed under section 5709.21 of the	64964
Revised Code shall be allowed or disallowed in whole or in part.	64965
The commissioner shall give written notice of the proposed finding	64966
to the applicant and the county auditor of the county in which the	64967
facility described in the application is located. Within sixty	64968
days after sending written notice of the proposed finding, the	64969
applicant or the county auditor may file a request for	64970
reconsideration, in writing, to the commissioner and may request	64971
that the commissioner conduct a hearing on the application. If no	64972
request for reconsideration is filed, the commissioner's proposed	64973
findings shall be final and, if applicable, the commissioner shall	64974
issue an exempt facility certificate, which shall not be subject	64975
to appeal pursuant to section 5717.02 of the Revised Code.	64976

(B) If a reconsideration of the tax commissioner's proposed	64977
finding is requested by the applicant or the county auditor, the	64978
commissioner shall notify the applicant and the auditor of the	64979
time and place of the hearing, which the commissioner may continue	64980
from time to time as the commissioner finds necessary. The	64981
commissioner also shall notify the environmental protection agency	64982
or department of development, as applicable, of the hearing. The	64983
environmental protection agency or the department of development	64984
shall participate in the hearing if requested in writing by the	64985
commissioner, the applicant, or the county auditor. After	64986
conducting the hearing, the commissioner shall issue a final	64987
determination, with a copy of it served on the applicant and	64988
applicable county auditors in the manner prescribed by section	64989
5703.37 of the Revised Code. The final determination is subject to	64990
appeal pursuant to section 5717.02 of the Revised Code. Once all	64991
appeals are exhausted, the commissioner shall issue, if	64992
applicable, the exempt facility certificate based on the outcome	64993
of the appeal.	64994

(C) The tax commissioner, on the commissioner's own	64995
initiative or on complaint by the county auditor of theany county	64996
in which any property to which such air or noise pollution control	64997
the exempt facility certificate relates is located, shall revoke	64998
such air or noise pollution control certificate whenever any of	64999
the following appearsthe certificate, or modify it by restricting	65000
its operation, if it appears to the commissioner that any of the	65001
following has occurred:	65002

(A)(1) The certificate was obtained by fraud or	65003
misrepresentation;	65004

(B)(2) The holder of the certificate has failed substantially	65005
to proceed with the construction, reconstruction, installation, or	65006
acquisition of air or noise pollution control facilitiesan exempt	65007
facility;	65008

(C)(3) The structure or equipment or bothproperty to which	65009
the certificate relates has ceased to be used for the primary	65010
purpose of pollution control and is being used for a different	65011
purpose.	65012

Provided, that where the circumstances so require, the	65013
commissioner in lieu of revoking such certificate may modify the	65014
same by restricting its operationsas an exempt facility;	65015

(4) The tax commissioner issued the certificate in error. As	65016
used in this section, "error" means any of the following:	65017

(a) A clerical or mathematical mistake;

65018

(b) When the commissioner agrees with an opinion from the	65019
director of environmental protection or the director of	65020
development that a certificate should not have been issued;	65021

(c) When the tax commissioner determines that the issuance of	65022
the certificate may have been improper as the result of a final	65023
adjudication by the board of tax appeals, or by a court with	65024
jurisdiction on appeal from that board, that is adverse to the	65025
original exempt status of the facility, regardless of whether the	65026
holder of the certificate was a party to such adjudication.	65027

(D) If the revocation or modification of a certificate under	65028
division (C)(4) of this section is an action found to be frivolous	65029
for the purposes of section 5703.54 of the Revised Code the	65030
certificate holder may claim damages as provided under division	65031
(B) of that section.	65032

On the mailing of notice of the action of the commissioner	65033
revoking or modifying an air or noise pollution control	65034
certificate as provided in section 5709.23 of the Revised Code,	65035
such(E) Upon service of notice certificate to the holder of an	65036
exempt facility certificate, in the manner provided in section	65037
5703.37 of the Revised Code, of the tax commissioner's revocation	65038
or modification of the certificate under division (C) of this	65039
section, the certificate shall cease to be in force or shall	65040
remain in force only as modified, as the case may require. The	65041
notice is subject to appeal under section 5717.02 of the Revised	65042
Code. Once all appeals are exhausted, the commissioner shall issue	65043
a modified certificate, if applicable, and the holder of the	65044
certificate shall be allowed to claim a refund within one hundred	65045
eighty days, notwithstanding any other time limitation provided by	65046
law of the taxes paid as a result of the certificate being revoked	65047
or modified.	65048

Sec. 5709.23.  (A) As soon as is practicable after receiving	65049
an application for an exempt facility certificate, the tax	65050
commissioner shall provide a copy of the application and any	65051
accompanying documentation to the county auditor of the county in	65052
which the facility is located. The copy shall be accompanied by a	65053
statement showing an estimate of what the assessed value of the	65054
facility would be, based on the appropriate assessment percentage,	65055
if the facility were to be taxable, and an estimate of the taxes	65056
that would be chargeable against the facility computed on the	65057
basis of the rate of taxation in the taxing district in the year	65058
in which the application is received. Within sixty days after	65059
receiving such a statement, the county auditor shall issue a	65060
notice to the taxing authority of each taxing unit in which the	65061
facility is or is to be located. The notice shall state that an	65062
application for an exempt facility certificate has been filed for	65063
the facility; the estimated assessed value of the facility shown	65064
on the statement; the annual amount of taxes that would be charged	65065
and payable on that value at the current rate of taxation in	65066
effect in the taxing unit; and that, if approved, the application	65067
entitles the facility to exemption from taxation and the taxing	65068
unit may be required to refund any taxes on the facility accruing	65069
after the certificate becomes effective. The tax commissioner	65070
shall issue an amended statement if, after the original statement	65071
is issued, the estimate of such assessed value increases or	65072
decreases by more than ten per cent of the estimated value shown	65073
on the most recently issued statement or amended statement, and	65074
the county auditor shall issue an amended notice reflecting such	65075
change.	65076

(B) Upon request by the county auditor of the county in which	65077
the exempt facility described in the application is located, the	65078
tax commissioner shall provide the county auditor with any	65079
documents submitted with the opinion of the director of	65080
environmental protection or director of development, including a	65081
copy of opinion.	65082

(C) Any documents, statements, and notices provided for under	65083
this section are solely for the purpose of notifying taxing	65084
authorities of the existence of an exempt facility application and	65085
the potential for a refund of taxes paid on an exempt facility	65086
before a tax exemption certificate is issued. Such documents,	65087
statements, and notices do not constitute an assessment that is	65088
subject to a petition for reassessment nor are such documents,	65089
statements, and notices appealable under section 5717.02 of the	65090
Revised Code by any person.	65091

(D) The documents, statements, and notices provided by the	65092
tax commissioner under this section are subject to all applicable	65093
confidentiality provisions of law.	65094

Sec. 5709.24.  The tax commissioner may adopt rules to	65095
administer sections 5709.20 to 5709.27 of the Revised Code.	65096

Sec. 5709.25.  (A) Whenever an air or noise pollution control	65097
exempt facility certificate is issued on a pollution control	65098
facility, the transfer of tangible personal property to the holder	65099
of the certificate, whether such transfer takes place before or	65100
after the issuance of the certificate, shall not be considered a	65101
"sale" of such tangible personal property for the purpose of the	65102
sales tax, or a "use" for the purpose of the use tax, if the	65103
tangible personal property is to be or was a material or part to	65104
be incorporated into an air or noise pollution controlexempt	65105
facility as defined in section 5709.20 of the Revised Code.	65106

(B) For the period subsequent to the effective date of an air	65107
or noise pollution controlexempt facility certificate and	65108
continuing for so long as the certificate is in force, no	65109
pollution controlexempt facility or certified portion thereof	65110
shall be considered to be either of the following:	65111

(1) An improvement on the land on which the sameexempt	65112
facility is located for the purpose of real property taxation;	65113

(2) As "used in business" for the purpose of personal	65114
property taxation;	65115

(3) As an asset of any corporation in determining the value	65116
of its issued and outstanding shares or the value of the property	65117
owned and used by it in this state for the purpose of the	65118
franchise tax.	65119

(C)(1) The tax commissioner, upon receiving a properly	65120
completed application for an exempt facility certificate, may	65121
allow the applicant to claim the exemption provided by this	65122
section before the commissioner issues the certificate. The	65123
applicant is entitled to the exemption unless the commissioner	65124
notifies the applicant otherwise by serving notice upon the	65125
applicant in the manner prescribed by section 5703.37 of the	65126
Revised Code.	65127

(2) A taxpayer whose tangible personal property is subject to	65128
taxation under Chapter 5727. of the Revised Code shall notify the	65129
commissioner in writing of any property the applicant does not	65130
want the commissioner to exclude from assessment. The notice shall	65131
be provided before the date the commissioner issues the	65132
preliminary assessment under section 5727.23 of the Revised Code.	65133

(D)(1) Notwithstanding any other time limitations imposed by	65134
law, the commissioner may assess any additional tax or may assess	65135
any additional taxable property, including any applicable	65136
interest, on the denied portion of the applicant's claim for an	65137
exempt facility that the applicant claimed prior to the exempt	65138
facility certificate being issued or the application being denied.	65139
No assessment shall be made pursuant to this division after one	65140
hundred eighty days from the date the commissioner mails the	65141
exempt facility certificate or notice of the denial of the exempt	65142
facility certificate pursuant to section 5709.22 of the Revised	65143
Code. Nothing in this section shall prohibit an assessment that	65144
otherwise may be timely made by law.	65145

(2) Assessments issued pursuant to division (D)(1) of this	65146
section shall be issued as amended preliminary assessment	65147
certificates under section 5711.31 of the Revised Code for	65148
personal property tax, as amended preliminary assessment	65149
certificates under section 5727.23 of the Revised Code for public	65150
utility tax, and as assessments under section 5733.11 of the	65151
Revised Code for corporation franchise tax, section 5739.13 of the	65152
Revised Code for sales tax, and section 5741.11 of the Revised	65153
Code for use tax, and are subject to the same appeal requirements	65154
as defined in those sections.	65155

(3) Nothing in division (D) of this section allows the tax	65156
commissioner, after the expiration of the time limitation, to	65157
issue an assessment referenced in division (D)(2) of this section	65158
that increases any tax beyond the amount claimed by the applicant	65159
as an exempt facility.	65160

(4) If an assessment is issued for only the denied portion of	65161
the application for an exempt facility, the only issue the	65162
applicant is permitted to raise on appeal of the assessment	65163
referenced in division (D)(2) of this section is that of the	65164
taxable property or transaction constituting the denied portion of	65165
the applicant's claim for an exempt facility.	65166

(E) Except as otherwise provided in this division, no	65167
exemption for additional property shall be claimed under this	65168
section after an exempt facility certificate has been issued for	65169
that facility unless the applicant files a new application under	65170
section 5709.21 of the Revised Code. The tax commissioner shall	65171
waive the requirement to file a new application under section	65172
5709.21 of the Revised Code if the cost of the additional	65173
property, net of retirements for similar property, does not exceed	65174
five hundred thousand dollars during any calendar year. The fee	65175
imposed under section 5709.212 of the Revised Code for	65176
applications filed as a result of this division shall be five	65177
hundred dollars.	65178

(F) If, as the result of a revaluation due to sale or	65179
bankruptcy or any other reason, the book value of property that is	65180
the subject of an exempt facility certificate is changed from the	65181
book value at the time of the original issuance of the	65182
certificate, the amount of exemption available to the owner is	65183
limited to the percentage resulting from the ratio of the	65184
historical cost of the property that is the subject of the exempt	65185
facility certificate to the historic cost of all tangible personal	65186
property and real property of the owner located at the same	65187
location as the property subject to the exempt facility	65188
certificate. If the result of using this ratio is greater than the	65189
original cost, then acceptable reasons for allowing such greater	65190
cost must be established with supporting documentation in order to	65191
qualify for the exemption above the original cost.	65192

(G) After two years from the date the tax commissioner	65193
receives an application, the applicant may request in writing that	65194
the tax commissioner take final action on the pending application.	65195
Within ten days after receiving such a request, the tax	65196
commissioner shall issue a proposed finding, under section 5709.22	65197
of the Revised Code, if the application is allowed in whole or in	65198
part. Otherwise, the tax commissioner shall issue a final	65199
determination denying the issuance of the certificate, which is a	65200
final determination appealable under section 5717.02 of the	65201
Revised Code.	65202

Sec. 5709.26.  When an air or noise pollution controlexempt	65203
facility certificate is revoked because obtained by fraud or	65204
misrepresentationor modified for the reason stated in division	65205
(C)(1) of section 5709.22 of the Revised Code, all taxes which	65206
that would have been payable had no certificate been issued shall	65207
be assessed with maximum penalties and interest prescribed by law	65208
applicable thereto dating to when the exemption was first allowed.	65209
Notwithstanding any other time limitations imposed by law, if the	65210
certificate is revoked or modified under division (C)(2), (3), or	65211
(4) of section 5709.22 of the Revised Code, all taxes that would	65212
have been payable had no certificate existed as of the first day	65213
of January of the calendar year in which the certificate was	65214
revoked or modified are subject to assessment.	65215

Sec. 5709.27.  In the event of the sale, lease, or other	65216
transfer of an air or noise pollution controlexempt facility, not	65217
involving a different location or use, the holder of an air or	65218
noise pollution controlthe exempt facility certificate for such	65219
facility mayshall transfer the certificate by written instrument	65220
to the person who, except for the transfer of the certificate,	65221
would be obligated to pay taxes on suchthe facility. The	65222
transferee shall become the holder of the certificate and shall	65223
have all the rights to exemption from taxes which were granted to	65224
the former holder or holders, effective as of the date of transfer	65225
of the facility or the date of transfer of the certificate,	65226
whichever is earlier. The transferee shall promptly give written	65227
notice of the effective date of the transfer, together with a copy	65228
of the instrument of transfer, to the tax commissioner and the	65229
county auditor of the county in which the facility is located.	65230
Upon request, the commissioner may provide the transferee with any	65231
information the commissioner possesses related to the issuance of	65232
the exempt facility certificate.	65233

Sec. 5709.61.  As used in sections 5709.61 to 5709.69 of the	65234
Revised Code:	65235

(A) "Enterprise zone" or "zone" means any of the following:

65236

(1) An area with a single continuous boundary designated in	65237
the manner set forth in section 5709.62 or 5709.63 of the Revised	65238
Code and certified by the director of development as having a	65239
population of at least four thousand according to the best and	65240
most recent data available to the director and having at least two	65241
of the following characteristics:	65242

(a) It is located in a municipal corporation defined by the	65243
United States office of management and budget as a central city of	65244
a metropolitan statistical area or in a city designated as an	65245
urban cluster in a rural statistical area;	65246

(b) It is located in a county designated as being in the	65247
"Appalachian region" under the "Appalachian Regional Development	65248
Act of 1965," 79 Stat. 5, 40 App. U.S.C.A. 403, as amended;	65249

(c) Its average rate of unemployment, during the most recent	65250
twelve-month period for which data are available, is equal to at	65251
least one hundred twenty-five per cent of the average rate of	65252
unemployment for the state of Ohio for the same period;	65253

(d) There is a prevalence of commercial or industrial	65254
structures in the area that are vacant or demolished, or are	65255
vacant and the taxes charged thereon are delinquent, and	65256
certification of the area as an enterprise zone would likely	65257
result in the reduction of the rate of vacant or demolished	65258
structures or the rate of tax delinquency in the area;	65259

(e) The population of all census tracts in the area,	65260
according to the federal census of 1990, decreased by at least ten	65261
per cent between the years 1970 and 1990;	65262

(f) At least fifty-one per cent of the residents of the area	65263
have incomes of less than eighty per cent of the median income of	65264
residents of the municipal corporation or municipal corporations	65265
in which the area is located, as determined in the same manner	65266
specified under section 119(b) of the "Housing and Community	65267
Development Act of 1974," 88 Stat. 633, 42 U.S.C. 5318, as	65268
amended;	65269

(g) The area contains structures previously used for	65270
industrial purposes, but currently not so used due to age,	65271
obsolescence, deterioration, relocation of the former occupant's	65272
operations, or cessation of operations resulting from unfavorable	65273
economic conditions either generally or in a specific economic	65274
sector;	65275

(h) It is located within one or more adjacent city, local, or	65276
exempted village school districts, the income-weighted tax	65277
capacity of each of which is less than seventy per cent of the	65278
average of the income-weighted tax capacity of all city, local, or	65279
exempted village school districts in the state according to the	65280
most recent data available to the director from the department of	65281
taxation.	65282

The director of development shall adopt rules in accordance	65283
with Chapter 119. of the Revised Code establishing conditions	65284
constituting the characteristics described in divisions (A)(1)(d),	65285
(g), and (h) of this section.	65286

If an area could not be certified as an enterprise zone	65287
unless it satisfied division (A)(1)(g) of this section, the	65288
legislative authority may enter into agreements in that zone under	65289
section 5709.62, 5709.63, or 5709.632 of the Revised Code only if	65290
such agreements result in the development of the facilities	65291
described in that division, the parcel of land on which such	65292
facilities are situated, or adjacent parcels. The director of	65293
development annually shall review all agreements in such zones to	65294
determine whether the agreements have resulted in such	65295
development; if the director determines that the agreements have	65296
not resulted in such development, the director immediately shall	65297
revoke certification of the zone and notify the legislative	65298
authority of such revocation. Any agreements entered into prior to	65299
revocation under this paragraph shall continue in effect for the	65300
period provided in the agreement.	65301

(2) An area with a single continuous boundary designated in	65302
the manner set forth in section 5709.63 of the Revised Code and	65303
certified by the director of development as:	65304

(a) Being located within a county that contains a population	65305
of three hundred thousand or less;	65306

(b) Having a population of at least one thousand according to	65307
the best and most recent data available to the director;	65308

(c) Having at least two of the characteristics described in	65309
divisions (A)(1)(b) to (h) of this section.	65310

(3) An area with a single continuous boundary designated in	65311
the manner set forth under division (A)(1) of section 5709.632 of	65312
the Revised Code and certified by the director of development as	65313
having a population of at least four thousand, or under division	65314
(A)(2) of that section and certified as having a population of at	65315
least one thousand, according to the best and most recent data	65316
available to the director.	65317

(B) "Enterprise" means any form of business organization	65318
including, but not limited to, any partnership, sole	65319
proprietorship, or corporation, including an S corporation as	65320
defined in section 1361 of the Internal Revenue Code and any	65321
corporation that is majority work-owned either directly through	65322
the ownership of stock or indirectly through participation in an	65323
employee stock ownership plan.	65324

(C) "Facility" means an enterprise's place of business in a	65325
zone, including land, buildings, machinery, equipment, and other	65326
materials, except inventory, used in business. "Facility" includes	65327
land, buildings, machinery, production and station equipment,	65328
other equipment, and other materials, except inventory, used in	65329
business to generate electricity, provided that, for purposes of	65330
sections 5709.61 to 5709.69 of the Revised Code, the value of the	65331
property at such a facility shall be reduced by the value, if any,	65332
that is not apportioned under section 5727.15 of the Revised Code	65333
to the taxing district in which the facility is physically	65334
located. In the case of such a facility that is physically located	65335
in two adjacent taxing districts, the property located in each	65336
taxing district constitutes a separate facility.	65337

"Facility" does not include any portion of an enterprise's	65338
place of business used primarily for making retail sales, unless	65339
the place of business is located in an impacted city as defined in	65340
section 1728.01 of the Revised Code.	65341

(D) "Vacant facility" means a facility that has been vacant	65342
for at least ninety days immediately preceding the date on which	65343
an agreement is entered into under section 5709.62 or 5709.63 of	65344
the Revised Code.	65345

(E) "Expand" means to make expenditures to add land,	65346
buildings, machinery, equipment, or other materials, except	65347
inventory, to a facility that equal at least ten per cent of the	65348
market value of the facility prior to such expenditures, as	65349
determined for the purposes of local property taxation.	65350

(F) "Renovate" means to make expenditures to alter or repair	65351
a facility that equal at least fifty per cent of the market value	65352
of the facility prior to such expenditures, as determined for the	65353
purposes of local property taxation.	65354

(G) "Occupy" means to make expenditures to alter or repair a	65355
vacant facility equal to at least twenty per cent of the market	65356
value of the facility prior to such expenditures, as determined	65357
for the purposes of local property taxation.	65358

(H) "Project site" means all or any part of a facility that	65359
is newly constructed, expanded, renovated, or occupied by an	65360
enterprise.	65361

(I) "Project" means any undertaking by an enterprise to	65362
establish a facility or to improve a project site by expansion,	65363
renovation, or occupancy.	65364

(J) "Position" means the position of one full-time employee	65365
performing a particular set of tasks and duties.	65366

(K) "Full-time employee" means an individual who is employed	65367
for consideration by an enterprise for at least thirty-five hours	65368
a week, or who renders any other standard of service generally	65369
accepted by custom or specified by contract as full-time	65370
employment.	65371

(L) "New employee" means a full-time employee first employed	65372
by an enterprise at a facility that is a project site after the	65373
enterprise enters an agreement under section 5709.62 or 5709.63 of	65374
the Revised Code. "New employee" does not include an employee if,	65375
immediately prior to being employed by the enterprise, the	65376
employee was employed by an enterprise that is a related member or	65377
predecessor enterprise of that enterprise.	65378

(M) "Unemployed person" means any person who is totally	65379
unemployed in this state, as that term is defined in division (M)	65380
of section 4141.01 of the Revised Code, for at least ten	65381
consecutive weeks immediately preceding that person's employment	65382
at a facility that is a project site, or who is so unemployed for	65383
at least twenty-six of the fifty-two weeks immediately preceding	65384
that person's employment at such a facility.	65385

(N) "JTPA eligible employee" means any individual who is	65386
eligible for employment or training under the "Job Training	65387
Partnership Act," 96 Stat. 1324 (1982), 29 U.S.C. 1501, as	65388
amended.	65389

(O) "First used in business" means that the property referred	65390
to has not been used in business in this state by the enterprise	65391
that owns it, or by an enterprise that is a related member or	65392
predecessor enterprise of such an enterprise, other than as	65393
inventory, prior to being used in business at a facility as the	65394
result of a project.	65395

(P) "Training program" means any noncredit training program	65396
or course of study that is offered by any state college or	65397
university; university branch district; community college;	65398
technical college; nonprofit college or university certified under	65399
section 1713.02 of the Revised Code; school district; joint	65400
vocational school district; school registered and authorized to	65401
offer programs under section 3332.05 of the Revised Code; an	65402
entity administering any federal, state, or local adult education	65403
and training program; or any enterprise; and that meets all of the	65404
following requirements:	65405

(1) It is approved by the director of development;

65406

(2) It is established or operated to satisfy the need of a	65407
particular industry or enterprise for skilled or semi-skilled	65408
employees;	65409

(3) An individual is required to complete the course or	65410
program before filling a position at a project site.	65411

(Q) "Development" means to engage in the process of clearing	65412
and grading land, making, installing, or constructing water	65413
distribution systems, sewers, sewage collection systems, steam,	65414
gas, and electric lines, roads, curbs, gutters, sidewalks, storm	65415
drainage facilities, and construction of other facilities or	65416
buildings equal to at least fifty per cent of the market value of	65417
the facility prior to the expenditures, as determined for the	65418
purposes of local property taxation.	65419

(R) "Large manufacturing facility" means a single Ohio	65420
facility that employed an average of at least one thousand	65421
individuals during the five calendar years preceding an agreement	65422
authorized under division (C)(3) of section 5709.62 or division	65423
(B)(2) of section 5709.63 of the Revised Code. For purposes of	65424
this division, both of the following apply:	65425

(1) A single Ohio manufacturing facility employed an average	65426
of at least one thousand individuals during the five calendar	65427
years preceding entering into such an agreement if one-fifth of	65428
the sum of the number of employees employed on the highest	65429
employment day during each of the five calendar years equals or	65430
exceeds one thousand.	65431

(2) The highest employment day is the day or days during a	65432
calendar year on which the number of employees employed at a	65433
single Ohio manufacturing facility was greater than on any other	65434
day during the calendar year.	65435

(S) "Business cycle" means the cycle of business activity	65436
usually regarded as passing through alternating stages of	65437
prosperity and depression.	65438

(T) "Making retail sales" means the effecting of	65439
point-of-final-purchase transactions at a facility open to the	65440
consuming public, wherein one party is obligated to pay the price	65441
and the other party is obligated to provide a service or to	65442
transfer title to or possession of the item sold.	65443

(U) "Environmentally contaminated" means that hazardous	65444
substances exist at a facility under conditions that have caused	65445
or would cause the facility to be identified as contaminated by	65446
the state or federal environmental protection agency. These may	65447
include facilities located at sites identified in the master sites	65448
list or similar database maintained by the state environmental	65449
protection agency if the sites have been investigated by the	65450
agency and found to be contaminated.	65451

(V) "Remediate" means to make expenditures to clean up an	65452
environmentally contaminated facility so that it is no longer	65453
environmentally contaminated that equal at least ten per cent of	65454
the real property market value of the facility prior to such	65455
expenditures as determined for the purposes of property taxation.	65456

(W) "Related member" has the same meaning as defined in	65457
section 5733.042 of the Revised Code without regard to division	65458
(B) of that section, except that it is used with respect to an	65459
enterprise rather than a taxpayer.	65460

(X) "Predecessor enterprise" means an enterprise from which	65461
the assets or equity of another enterprise has been transferred,	65462
which transfer resulted in the full or partial nonrecognition of	65463
gain or loss, or resulted in a carryover basis, both as determined	65464
by rule adopted by the tax commissioner.	65465

(Y) "Successor enterprise" means an enterprise to which the	65466
assets or equity of another enterprise has been transferred, which	65467
transfer resulted in the full or partial nonrecognition of gain or	65468
loss, or resulted in a carryover basis, both as determined by rule	65469
adopted by the tax commissioner.	65470

Sec. 5709.62.  (A) In any municipal corporation that is	65471
defined by the United States office of management and budget as a	65472
central city of a metropolitan statistical area, or in a city	65473
designated as an urban cluster in a rural statistical area, the	65474
legislative authority of the municipal corporation may designate	65475
one or more areas within its municipal corporation as proposed	65476
enterprise zones. Upon designating an area, the legislative	65477
authority shall petition the director of development for	65478
certification of the area as having the characteristics set forth	65479
in division (A)(1) of section 5709.61 of the Revised Code as	65480
amended by Substitute Senate Bill No. 19 of the 120th general	65481
assembly. Except as otherwise provided in division (E) of this	65482
section, on and after July 1, 1994, legislative authorities shall	65483
not enter into agreements under this section unless the	65484
legislative authority has petitioned the director and the director	65485
has certified the zone under this section as amended by that act;	65486
however, all agreements entered into under this section as it	65487
existed prior to July 1, 1994, and the incentives granted under	65488
those agreements shall remain in effect for the period agreed to	65489
under those agreements. Within sixty days after receiving such a	65490
petition, the director shall determine whether the area has the	65491
characteristics set forth in division (A)(1) of section 5709.61 of	65492
the Revised Code, and shall forward the findings to the	65493
legislative authority of the municipal corporation. If the	65494
director certifies the area as having those characteristics, and	65495
thereby certifies it as a zone, the legislative authority may	65496
enter into an agreement with an enterprise under division (C) of	65497
this section.	65498

(B) Any enterprise that wishes to enter into an agreement	65499
with a municipal corporation under division (C) of this section	65500
shall submit a proposal to the legislative authority of the	65501
municipal corporation on a form prescribed by the director of	65502
development, together with the application fee established under	65503
section 5709.68 of the Revised Code. The form shall require the	65504
following information:	65505

(1) An estimate of the number of new employees whom the	65506
enterprise intends to hire, or of the number of employees whom the	65507
enterprise intends to retain, within the zone at a facility that	65508
is a project site, and an estimate of the amount of payroll of the	65509
enterprise attributable to these employees;	65510

(2) An estimate of the amount to be invested by the	65511
enterprise to establish, expand, renovate, or occupy a facility,	65512
including investment in new buildings, additions or improvements	65513
to existing buildings, machinery, equipment, furniture, fixtures,	65514
and inventory;	65515

(3) A listing of the enterprise's current investment, if any,	65516
in a facility as of the date of the proposal's submission.	65517

The enterprise shall review and update the listings required	65518
under this division to reflect material changes, and any agreement	65519
entered into under division (C) of this section shall set forth	65520
final estimates and listings as of the time the agreement is	65521
entered into. The legislative authority may, on a separate form	65522
and at any time, require any additional information necessary to	65523
determine whether an enterprise is in compliance with an agreement	65524
and to collect the information required to be reported under	65525
section 5709.68 of the Revised Code.	65526

(C) Upon receipt and investigation of a proposal under	65527
division (B) of this section, if the legislative authority finds	65528
that the enterprise submitting the proposal is qualified by	65529
financial responsibility and business experience to create and	65530
preserve employment opportunities in the zone and improve the	65531
economic climate of the municipal corporation, the legislative	65532
authority, on or before June 30, 2004October 15, 2009, may do one	65533
of the following:	65534

(1) Enter into an agreement with the enterprise under which	65535
the enterprise agrees to establish, expand, renovate, or occupy a	65536
facility and hire new employees, or preserve employment	65537
opportunities for existing employees, in return for one or more of	65538
the following incentives:	65539

(a) Exemption for a specified number of years, not to exceed	65540
ten, of a specified portion, up to seventy-five per cent, of the	65541
assessed value of tangible personal property first used in	65542
business at the project site as a result of the agreement. An	65543
exemption granted pursuant to this division applies to inventory	65544
required to be listed pursuant to sections 5711.15 and 5711.16 of	65545
the Revised Code, except that, in the instance of an expansion or	65546
other situations in which an enterprise was in business at the	65547
facility prior to the establishment of the zone, the inventory	65548
that is exempt is that amount or value of inventory in excess of	65549
the amount or value of inventory required to be listed in the	65550
personal property tax return of the enterprise in the return for	65551
the tax year in which the agreement is entered into.	65552

(b) Exemption for a specified number of years, not to exceed	65553
ten, of a specified portion, up to seventy-five per cent, of the	65554
increase in the assessed valuation of real property constituting	65555
the project site subsequent to formal approval of the agreement by	65556
the legislative authority;	65557

(c) Provision for a specified number of years, not to exceed	65558
ten, of any optional services or assistance that the municipal	65559
corporation is authorized to provide with regard to the project	65560
site.	65561

(2) Enter into an agreement under which the enterprise agrees	65562
to remediate an environmentally contaminated facility, to spend an	65563
amount equal to at least two hundred fifty per cent of the true	65564
value in money of the real property of the facility prior to	65565
remediation as determined for the purposes of property taxation to	65566
establish, expand, renovate, or occupy the remediated facility,	65567
and to hire new employees or preserve employment opportunities for	65568
existing employees at the remediated facility, in return for one	65569
or more of the following incentives:	65570

(a) Exemption for a specified number of years, not to exceed	65571
ten, of a specified portion, not to exceed fifty per cent, of the	65572
assessed valuation of the real property of the facility prior to	65573
remediation;	65574

(b) Exemption for a specified number of years, not to exceed	65575
ten, of a specified portion, not to exceed one hundred per cent,	65576
of the increase in the assessed valuation of the real property of	65577
the facility during or after remediation;	65578

(c) The incentive under division (C)(1)(a) of this section,	65579
except that the percentage of the assessed value of such property	65580
exempted from taxation shall not exceed one hundred per cent;	65581

(d) The incentive under division (C)(1)(c) of this section.

65582

(3) Enter into an agreement with an enterprise that plans to	65583
purchase and operate a large manufacturing facility that has	65584
ceased operation or announced its intention to cease operation, in	65585
return for exemption for a specified number of years, not to	65586
exceed ten, of a specified portion, up to one hundred per cent, of	65587
the assessed value of tangible personal property used in business	65588
at the project site as a result of the agreement, or of the	65589
assessed valuation of real property constituting the project site,	65590
or both.	65591

(D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this	65592
section, the portion of the assessed value of tangible personal	65593
property or of the increase in the assessed valuation of real	65594
property exempted from taxation under those divisions may exceed	65595
seventy-five per cent in any year for which that portion is	65596
exempted if the average percentage exempted for all years in which	65597
the agreement is in effect does not exceed sixty per cent, or if	65598
the board of education of the city, local, or exempted village	65599
school district within the territory of which the property is or	65600
will be located approves a percentage in excess of seventy-five	65601
per cent. For the purpose of obtaining such approval, the	65602
legislative authority shall deliver to the board of education a	65603
notice not later than forty-five days prior to approving the	65604
agreement, excluding Saturdays, Sundays, and legal holidays as	65605
defined in section 1.14 of the Revised Code. The notice shall	65606
state the percentage to be exempted, an estimate of the true value	65607
of the property to be exempted, and the number of years the	65608
property is to be exempted. The board of education, by resolution	65609
adopted by a majority of the board, shall approve or disapprove	65610
the agreement and certify a copy of the resolution to the	65611
legislative authority not later than fourteen days prior to the	65612
date stipulated by the legislative authority as the date upon	65613
which approval of the agreement is to be formally considered by	65614
the legislative authority. The board of education may include in	65615
the resolution conditions under which the board would approve the	65616
agreement, including the execution of an agreement to compensate	65617
the school district under division (B) of section 5709.82 of the	65618
Revised Code. The legislative authority may approve the agreement	65619
at any time after the board of education certifies its resolution	65620
approving the agreement to the legislative authority, or, if the	65621
board approves the agreement conditionally, at any time after the	65622
conditions are agreed to by the board and the legislative	65623
authority.	65624

If a board of education has adopted a resolution waiving its	65625
right to approve agreements and the resolution remains in effect,	65626
approval of an agreement by the board is not required under this	65627
division. If a board of education has adopted a resolution	65628
allowing a legislative authority to deliver the notice required	65629
under this division fewer than forty-five business days prior to	65630
the legislative authority's approval of the agreement, the	65631
legislative authority shall deliver the notice to the board not	65632
later than the number of days prior to such approval as prescribed	65633
by the board in its resolution. If a board of education adopts a	65634
resolution waiving its right to approve agreements or shortening	65635
the notification period, the board shall certify a copy of the	65636
resolution to the legislative authority. If the board of education	65637
rescinds such a resolution, it shall certify notice of the	65638
rescission to the legislative authority.	65639

(2) The legislative authority shall comply with section	65640
5709.83 of the Revised Code unless the board of education has	65641
adopted a resolution under that section waiving its right to	65642
receive such notice.	65643

(E) This division applies to zones certified by the director	65644
of development under this section prior to July 22, 1994.	65645

On or before June 30, 2004October 15, 2009, the legislative	65646
authority that designated a zone to which this division applies	65647
may enter into an agreement with an enterprise if the legislative	65648
authority makes the finding required under that division and	65649
determines that the enterprise satisfies one of the criteria	65650
described in divisions (E)(1) to (5) of this section:	65651

(1) The enterprise currently has no operations in this state	65652
and, subject to approval of the agreement, intends to establish	65653
operations in the zone;	65654

(2) The enterprise currently has operations in this state	65655
and, subject to approval of the agreement, intends to establish	65656
operations at a new location in the zone that would not result in	65657
a reduction in the number of employee positions at any of the	65658
enterprise's other locations in this state;	65659

(3) The enterprise, subject to approval of the agreement,	65660
intends to relocate operations, currently located in another	65661
state, to the zone;	65662

(4) The enterprise, subject to approval of the agreement,	65663
intends to expand operations at an existing site in the zone that	65664
the enterprise currently operates;	65665

(5) The enterprise, subject to approval of the agreement,	65666
intends to relocate operations, currently located in this state,	65667
to the zone, and the director of development has issued a waiver	65668
for the enterprise under division (B) of section 5709.633 of the	65669
Revised Code.	65670

The agreement shall require the enterprise to agree to	65671
establish, expand, renovate, or occupy a facility in the zone and	65672
hire new employees, or preserve employment opportunities for	65673
existing employees, in return for one or more of the incentives	65674
described in division (C) of this section.	65675

(F) All agreements entered into under this section shall be	65676
in the form prescribed under section 5709.631 of the Revised Code.	65677
After an agreement is entered into under this division, if the	65678
legislative authority revokes its designation of a zone, or if the	65679
director of development revokes the zone's certification, any	65680
entitlements granted under the agreement shall continue for the	65681
number of years specified in the agreement.	65682

(G) Except as otherwise provided in this division, an	65683
agreement entered into under this section shall require that the	65684
enterprise pay an annual fee equal to the greater of one per cent	65685
of the dollar value of incentives offered under the agreement or	65686
five hundred dollars; provided, however, that if the value of the	65687
incentives exceeds two hundred fifty thousand dollars, the fee	65688
shall not exceed two thousand five hundred dollars. The fee shall	65689
be payable to the legislative authority once per year for each	65690
year the agreement is effective on the days and in the form	65691
specified in the agreement. Fees paid shall be deposited in a	65692
special fund created for such purpose by the legislative authority	65693
and shall be used by the legislative authority exclusively for the	65694
purpose of complying with section 5709.68 of the Revised Code and	65695
by the tax incentive review council created under section 5709.85	65696
of the Revised Code exclusively for the purposes of performing the	65697
duties prescribed under that section. The legislative authority	65698
may waive or reduce the amount of the fee charged against an	65699
enterprise, but such a waiver or reduction does not affect the	65700
obligations of the legislative authority or the tax incentive	65701
review council to comply with section 5709.68 or 5709.85 of the	65702
Revised Code.	65703

(H) When an agreement is entered into pursuant to this	65704
section, the legislative authority authorizing the agreement shall	65705
forward a copy of the agreement to the director of development and	65706
to the tax commissioner within fifteen days after the agreement is	65707
entered into. If any agreement includes terms not provided for in	65708
section 5709.631 of the Revised Code affecting the revenue of a	65709
city, local, or exempted village school district or causing	65710
revenue to be foregone by the district, including any compensation	65711
to be paid to the school district pursuant to section 5709.82 of	65712
the Revised Code, those terms also shall be forwarded in writing	65713
to the director of development along with the copy of the	65714
agreement forwarded under this division.	65715

(I) After an agreement is entered into, the enterprise shall	65716
file with each personal property tax return required to be filed,	65717
or annual report required to be filed under section 5727.08 of the	65718
Revised Code, while the agreement is in effect, an informational	65719
return, on a form prescribed by the tax commissioner for that	65720
purpose, setting forth separately the property, and related costs	65721
and values, exempted from taxation under the agreement.	65722

(J) Enterprises may agree to give preference to residents of	65723
the zone within which the agreement applies relative to residents	65724
of this state who do not reside in the zone when hiring new	65725
employees under the agreement.	65726

(K) An agreement entered into under this section may include	65727
a provision requiring the enterprise to create one or more	65728
temporary internship positions for students enrolled in a course	65729
of study at a school or other educational institution in the	65730
vicinity, and to create a scholarship or provide another form of	65731
educational financial assistance for students holding such a	65732
position in exchange for the student's commitment to work for the	65733
enterprise at the completion of the internship.	65734

Sec. 5709.63.  (A) With the consent of the legislative	65735
authority of each affected municipal corporation or of a board of	65736
township trustees, a board of county commissioners may, in the	65737
manner set forth in section 5709.62 of the Revised Code, designate	65738
one or more areas in one or more municipal corporations or in	65739
unincorporated areas of the county as proposed enterprise zones. A	65740
board of county commissioners may designate no more than one area	65741
within a township, or within adjacent townships, as a proposed	65742
enterprise zone. The board shall petition the director of	65743
development for certification of the area as having the	65744
characteristics set forth in division (A)(1) or (2) of section	65745
5709.61 of the Revised Code as amended by Substitute Senate Bill	65746
No. 19 of the 120th general assembly. Except as otherwise provided	65747
in division (D) of this section, on and after July 1, 1994, boards	65748
of county commissioners shall not enter into agreements under this	65749
section unless the board has petitioned the director and the	65750
director has certified the zone under this section as amended by	65751
that act; however, all agreements entered into under this section	65752
as it existed prior to July 1, 1994, and the incentives granted	65753
under those agreements shall remain in effect for the period	65754
agreed to under those agreements. The director shall make the	65755
determination in the manner provided under section 5709.62 of the	65756
Revised Code. Any enterprise wishing to enter into an agreement	65757
with the board under division (B) or (D) of this section shall	65758
submit a proposal to the board on the form and accompanied by the	65759
application fee prescribed under division (B) of section 5709.62	65760
of the Revised Code. The enterprise shall review and update the	65761
estimates and listings required by the form in the manner required	65762
under that division. The board may, on a separate form and at any	65763
time, require any additional information necessary to determine	65764
whether an enterprise is in compliance with an agreement and to	65765
collect the information required to be reported under section	65766
5709.68 of the Revised Code.	65767

(B) If the board of county commissioners finds that an	65768
enterprise submitting a proposal is qualified by financial	65769
responsibility and business experience to create and preserve	65770
employment opportunities in the zone and to improve the economic	65771
climate of the municipal corporation or municipal corporations or	65772
the unincorporated areas in which the zone is located and to which	65773
the proposal applies, the board, on or before June 30, 2004	65774
October 15, 2009, and with the consent of the legislative	65775
authority of each affected municipal corporation or of the board	65776
of township trustees may do either of the following:	65777

(1) Enter into an agreement with the enterprise under which	65778
the enterprise agrees to establish, expand, renovate, or occupy a	65779
facility in the zone and hire new employees, or preserve	65780
employment opportunities for existing employees, in return for the	65781
following incentives:	65782

(a) When the facility is located in a municipal corporation,	65783
the board may enter into an agreement for one or more of the	65784
incentives provided in division (C) of section 5709.62 of the	65785
Revised Code, subject to division (D) of that section;	65786

(b) When the facility is located in an unincorporated area,	65787
the board may enter into an agreement for one or more of the	65788
following incentives:	65789

(i) Exemption for a specified number of years, not to exceed	65790
ten, of a specified portion, up to sixty per cent, of the assessed	65791
value of tangible personal property first used in business at a	65792
project site as a result of the agreement. An exemption granted	65793
pursuant to this division applies to inventory required to be	65794
listed pursuant to sections 5711.15 and 5711.16 of the Revised	65795
Code, except, in the instance of an expansion or other situations	65796
in which an enterprise was in business at the facility prior to	65797
the establishment of the zone, the inventory that is exempt is	65798
that amount or value of inventory in excess of the amount or value	65799
of inventory required to be listed in the personal property tax	65800
return of the enterprise in the return for the tax year in which	65801
the agreement is entered into.	65802

(ii) Exemption for a specified number of years, not to exceed	65803
ten, of a specified portion, up to sixty per cent, of the increase	65804
in the assessed valuation of real property constituting the	65805
project site subsequent to formal approval of the agreement by the	65806
board;	65807

(iii) Provision for a specified number of years, not to	65808
exceed ten, of any optional services or assistance the board is	65809
authorized to provide with regard to the project site;	65810

(iv) The incentive described in division (C)(2) of section	65811
5709.62 of the Revised Code.	65812

(2) Enter into an agreement with an enterprise that plans to	65813
purchase and operate a large manufacturing facility that has	65814
ceased operation or has announced its intention to cease	65815
operation, in return for exemption for a specified number of	65816
years, not to exceed ten, of a specified portion, up to one	65817
hundred per cent, of tangible personal property used in business	65818
at the project site as a result of the agreement, or of real	65819
property constituting the project site, or both.	65820

(C)(1) Notwithstanding divisions (B)(1)(b)(i) and (ii) of	65821
this section, the portion of the assessed value of tangible	65822
personal property or of the increase in the assessed valuation of	65823
real property exempted from taxation under those divisions may	65824
exceed sixty per cent in any year for which that portion is	65825
exempted if the average percentage exempted for all years in which	65826
the agreement is in effect does not exceed fifty per cent, or if	65827
the board of education of the city, local, or exempted village	65828
school district within the territory of which the property is or	65829
will be located approves a percentage in excess of sixty per cent.	65830
For the purpose of obtaining such approval, the board of	65831
commissioners shall deliver to the board of education a notice not	65832
later than forty-five days prior to approving the agreement,	65833
excluding Saturdays, Sundays, and legal holidays as defined in	65834
section 1.14 of the Revised Code. The notice shall state the	65835
percentage to be exempted, an estimate of the true value of the	65836
property to be exempted, and the number of years the property is	65837
to be exempted. The board of education, by resolution adopted by a	65838
majority of the board, shall approve or disapprove the agreement	65839
and certify a copy of the resolution to the board of commissioners	65840
not later than fourteen days prior to the date stipulated by the	65841
board of commissioners as the date upon which approval of the	65842
agreement is to be formally considered by the board of	65843
commissioners. The board of education may include in the	65844
resolution conditions under which the board would approve the	65845
agreement, including the execution of an agreement to compensate	65846
the school district under division (B) of section 5709.82 of the	65847
Revised Code. The board of county commissioners may approve the	65848
agreement at any time after the board of education certifies its	65849
resolution approving the agreement to the board of county	65850
commissioners, or, if the board of education approves the	65851
agreement conditionally, at any time after the conditions are	65852
agreed to by the board of education and the board of county	65853
commissioners.	65854

If a board of education has adopted a resolution waiving its	65855
right to approve agreements and the resolution remains in effect,	65856
approval of an agreement by the board of education is not required	65857
under division (C) of this section. If a board of education has	65858
adopted a resolution allowing a board of county commissioners to	65859
deliver the notice required under this division fewer than	65860
forty-five business days prior to approval of the agreement by the	65861
board of county commissioners, the board of county commissioners	65862
shall deliver the notice to the board of education not later than	65863
the number of days prior to such approval as prescribed by the	65864
board of education in its resolution. If a board of education	65865
adopts a resolution waiving its right to approve agreements or	65866
shortening the notification period, the board of education shall	65867
certify a copy of the resolution to the board of county	65868
commissioners. If the board of education rescinds such a	65869
resolution, it shall certify notice of the rescission to the board	65870
of county commissioners.	65871

(2) The board of county commissioners shall comply with	65872
section 5709.83 of the Revised Code unless the board of education	65873
has adopted a resolution under that section waiving its right to	65874
receive such notice.	65875

(D) This division applies to zones certified by the director	65876
of development under this section prior to July 22, 1994.	65877

On or before June 30, 2004October 15, 2009, and with the	65878
consent of the legislative authority of each affected municipal	65879
corporation or board of township trustees of each affected	65880
township, the board of commissioners that designated a zone to	65881
which this division applies may enter into an agreement with an	65882
enterprise if the board makes the finding required under that	65883
division and determines that the enterprise satisfies one of the	65884
criteria described in divisions (D)(1) to (5) of this section:	65885

(1) The enterprise currently has no operations in this state	65886
and, subject to approval of the agreement, intends to establish	65887
operations in the zone;	65888

(2) The enterprise currently has operations in this state	65889
and, subject to approval of the agreement, intends to establish	65890
operations at a new location in the zone that would not result in	65891
a reduction in the number of employee positions at any of the	65892
enterprise's other locations in this state;	65893

(3) The enterprise, subject to approval of the agreement,	65894
intends to relocate operations, currently located in another	65895
state, to the zone;	65896

(4) The enterprise, subject to approval of the agreement,	65897
intends to expand operations at an existing site in the zone that	65898
the enterprise currently operates;	65899

(5) The enterprise, subject to approval of the agreement,	65900
intends to relocate operations, currently located in this state,	65901
to the zone, and the director of development has issued a waiver	65902
for the enterprise under division (B) of section 5709.633 of the	65903
Revised Code.	65904

The agreement shall require the enterprise to agree to	65905
establish, expand, renovate, or occupy a facility in the zone and	65906
hire new employees, or preserve employment opportunities for	65907
existing employees, in return for one or more of the incentives	65908
described in division (B) of this section.	65909

(E) All agreements entered into under this section shall be	65910
in the form prescribed under section 5709.631 of the Revised Code.	65911
After an agreement under this section is entered into, if the	65912
board of county commissioners revokes its designation of the zone,	65913
or if the director of development revokes the zone's	65914
certification, any entitlements granted under the agreement shall	65915
continue for the number of years specified in the agreement.	65916

(F) Except as otherwise provided in this paragraph, an	65917
agreement entered into under this section shall require that the	65918
enterprise pay an annual fee equal to the greater of one per cent	65919
of the dollar value of incentives offered under the agreement or	65920
five hundred dollars; provided, however, that if the value of the	65921
incentives exceeds two hundred fifty thousand dollars, the fee	65922
shall not exceed two thousand five hundred dollars. The fee shall	65923
be payable to the board of commissioners once per year for each	65924
year the agreement is effective on the days and in the form	65925
specified in the agreement. Fees paid shall be deposited in a	65926
special fund created for such purpose by the board and shall be	65927
used by the board exclusively for the purpose of complying with	65928
section 5709.68 of the Revised Code and by the tax incentive	65929
review council created under section 5709.85 of the Revised Code	65930
exclusively for the purposes of performing the duties prescribed	65931
under that section. The board may waive or reduce the amount of	65932
the fee charged against an enterprise, but such waiver or	65933
reduction does not affect the obligations of the board or the tax	65934
incentive review council to comply with section 5709.68 or 5709.85	65935
of the Revised Code, respectively.	65936

(G) With the approval of the legislative authority of a	65937
municipal corporation or the board of township trustees of a	65938
township in which a zone is designated under division (A) of this	65939
section, the board of county commissioners may delegate to that	65940
legislative authority or board any powers and duties of the board	65941
to negotiate and administer agreements with regard to that zone	65942
under this section.	65943

(H) When an agreement is entered into pursuant to this	65944
section, the legislative authority authorizing the agreement shall	65945
forward a copy of the agreement to the director of development and	65946
to the tax commissioner within fifteen days after the agreement is	65947
entered into. If any agreement includes terms not provided for in	65948
section 5709.631 of the Revised Code affecting the revenue of a	65949
city, local, or exempted village school district or causing	65950
revenue to be foregone by the district, including any compensation	65951
to be paid to the school district pursuant to section 5709.82 of	65952
the Revised Code, those terms also shall be forwarded in writing	65953
to the director of development along with the copy of the	65954
agreement forwarded under this division.	65955

(I) After an agreement is entered into, the enterprise shall	65956
file with each personal property tax return required to be filed,	65957
or annual report that is required to be filed under section	65958
5727.08 of the Revised Code, while the agreement is in effect, an	65959
informational return, on a form prescribed by the tax commissioner	65960
for that purpose, setting forth separately the property, and	65961
related costs and values, exempted from taxation under the	65962
agreement.	65963

(J) Enterprises may agree to give preference to residents of	65964
the zone within which the agreement applies relative to residents	65965
of this state who do not reside in the zone when hiring new	65966
employees under the agreement.	65967

(K) An agreement entered into under this section may include	65968
a provision requiring the enterprise to create one or more	65969
temporary internship positions for students enrolled in a course	65970
of study at a school or other educational institution in the	65971
vicinity, and to create a scholarship or provide another form of	65972
educational financial assistance for students holding such a	65973
position in exchange for the student's commitment to work for the	65974
enterprise at the completion of the internship.	65975

Sec. 5709.632.  (A)(1) The legislative authority of a	65976
municipal corporation defined by the United States office of	65977
management and budget as a central city of a metropolitan	65978
statistical area may, in the manner set forth in section 5709.62	65979
of the Revised Code, designate one or more areas in the municipal	65980
corporation as a proposed enterprise zone.	65981

(2) With the consent of the legislative authority of each	65982
affected municipal corporation or of a board of township trustees,	65983
a board of county commissioners may, in the manner set forth in	65984
section 5709.62 of the Revised Code, designate one or more areas	65985
in one or more municipal corporations or in unincorporated areas	65986
of the county as proposed urban jobs and enterprise zones, except	65987
that a board of county commissioners may designate no more than	65988
one area within a township, or within adjacent townships, as a	65989
proposed urban jobs and enterprise zone.	65990

(3) The legislative authority or board of county	65991
commissioners may petition the director of development for	65992
certification of the area as having the characteristics set forth	65993
in division (A)(3) of section 5709.61 of the Revised Code. Within	65994
sixty days after receiving such a petition, the director shall	65995
determine whether the area has the characteristics set forth in	65996
that division and forward the findings to the legislative	65997
authority or board of county commissioners. If the director	65998
certifies the area as having those characteristics and thereby	65999
certifies it as a zone, the legislative authority or board may	66000
enter into agreements with enterprises under division (B) of this	66001
section. Any enterprise wishing to enter into an agreement with a	66002
legislative authority or board of commissioners under this section	66003
and satisfying one of the criteria described in divisions (B)(1)	66004
to (5) of this section shall submit a proposal to the legislative	66005
authority or board on the form prescribed under division (B) of	66006
section 5709.62 of the Revised Code and shall review and update	66007
the estimates and listings required by the form in the manner	66008
required under that division. The legislative authority or board	66009
may, on a separate form and at any time, require any additional	66010
information necessary to determine whether an enterprise is in	66011
compliance with an agreement and to collect the information	66012
required to be reported under section 5709.68 of the Revised Code.	66013

(B) Prior to entering into an agreement with an enterprise,	66014
the legislative authority or board of county commissioners shall	66015
determine whether the enterprise submitting the proposal is	66016
qualified by financial responsibility and business experience to	66017
create and preserve employment opportunities in the zone and to	66018
improve the economic climate of the municipal corporation or	66019
municipal corporations or the unincorporated areas in which the	66020
zone is located and to which the proposal applies, and whether the	66021
enterprise satisfies one of the following criteria:	66022

(1) The enterprise currently has no operations in this state	66023
and, subject to approval of the agreement, intends to establish	66024
operations in the zone;	66025

(2) The enterprise currently has operations in this state	66026
and, subject to approval of the agreement, intends to establish	66027
operations at a new location in the zone that would not result in	66028
a reduction in the number of employee positions at any of the	66029
enterprise's other locations in this state;	66030

(3) The enterprise, subject to approval of the agreement,	66031
intends to relocate operations, currently located in another	66032
state, to the zone;	66033

(4) The enterprise, subject to approval of the agreement,	66034
intends to expand operations at an existing site in the zone that	66035
the enterprise currently operates;	66036

(5) The enterprise, subject to approval of the agreement,	66037
intends to relocate operations, currently located in this state,	66038
to the zone, and the director of development has issued a waiver	66039
for the enterprise under division (B) of section 5709.633 of the	66040
Revised Code.	66041

(C) If the legislative authority or board determines that the	66042
enterprise is so qualified and satisfies one of the criteria	66043
described in divisions (B)(1) to (5) of this section, the	66044
legislative authority or board may, after complying with section	66045
5709.83 of the Revised Code and on or before June 30, 2004October	66046
15, 2009, and, in the case of a board of commissioners, with the	66047
consent of the legislative authority of each affected municipal	66048
corporation or of the board of township trustees, enter into an	66049
agreement with the enterprise under which the enterprise agrees to	66050
establish, expand, renovate, or occupy a facility in the zone and	66051
hire new employees, or preserve employment opportunities for	66052
existing employees, in return for the following incentives:	66053

(1) When the facility is located in a municipal corporation,	66054
a legislative authority or board of commissioners may enter into	66055
an agreement for one or more of the incentives provided in	66056
division (C) of section 5709.62 of the Revised Code, subject to	66057
division (D) of that section;	66058

(2) When the facility is located in an unincorporated area, a	66059
board of commissioners may enter into an agreement for one or more	66060
of the incentives provided in divisions (B)(1)(b), (B)(2), and	66061
(B)(3) of section 5709.63 of the Revised Code, subject to division	66062
(C) of that section.	66063

(D) All agreements entered into under this section shall be	66064
in the form prescribed under section 5709.631 of the Revised Code.	66065
After an agreement under this section is entered into, if the	66066
legislative authority or board of county commissioners revokes its	66067
designation of the zone, or if the director of development revokes	66068
the zone's certification, any entitlements granted under the	66069
agreement shall continue for the number of years specified in the	66070
agreement.	66071

(E) Except as otherwise provided in this division, an	66072
agreement entered into under this section shall require that the	66073
enterprise pay an annual fee equal to the greater of one per cent	66074
of the dollar value of incentives offered under the agreement or	66075
five hundred dollars; provided, however, that if the value of the	66076
incentives exceeds two hundred fifty thousand dollars, the fee	66077
shall not exceed two thousand five hundred dollars. The fee shall	66078
be payable to the legislative authority or board of commissioners	66079
once per year for each year the agreement is effective on the days	66080
and in the form specified in the agreement. Fees paid shall be	66081
deposited in a special fund created for such purpose by the	66082
legislative authority or board and shall be used by the	66083
legislative authority or board exclusively for the purpose of	66084
complying with section 5709.68 of the Revised Code and by the tax	66085
incentive review council created under section 5709.85 of the	66086
Revised Code exclusively for the purposes of performing the duties	66087
prescribed under that section. The legislative authority or board	66088
may waive or reduce the amount of the fee charged against an	66089
enterprise, but such waiver or reduction does not affect the	66090
obligations of the legislative authority or board or the tax	66091
incentive review council to comply with section 5709.68 or 5709.85	66092
of the Revised Code, respectively.	66093

(F) With the approval of the legislative authority of a	66094
municipal corporation or the board of township trustees of a	66095
township in which a zone is designated under division (A)(2) of	66096
this section, the board of county commissioners may delegate to	66097
that legislative authority or board any powers and duties of the	66098
board to negotiate and administer agreements with regard to that	66099
zone under this section.	66100

(G) When an agreement is entered into pursuant to this	66101
section, the legislative authority or board of commissioners	66102
authorizing the agreement shall forward a copy of the agreement to	66103
the director of development and to the tax commissioner within	66104
fifteen days after the agreement is entered into. If any agreement	66105
includes terms not provided for in section 5709.631 of the Revised	66106
Code affecting the revenue of a city, local, or exempted village	66107
school district or causing revenue to be foregone by the district,	66108
including any compensation to be paid to the school district	66109
pursuant to section 5709.82 of the Revised Code, those terms also	66110
shall be forwarded in writing to the director of development along	66111
with the copy of the agreement forwarded under this division.	66112

(H) After an agreement is entered into, the enterprise shall	66113
file with each personal property tax return required to be filed	66114
while the agreement is in effect, an informational return, on a	66115
form prescribed by the tax commissioner for that purpose, setting	66116
forth separately the property, and related costs and values,	66117
exempted from taxation under the agreement.	66118

(I) An agreement entered into under this section may include	66119
a provision requiring the enterprise to create one or more	66120
temporary internship positions for students enrolled in a course	66121
of study at a school or other educational institution in the	66122
vicinity, and to create a scholarship or provide another form of	66123
educational financial assistance for students holding such a	66124
position in exchange for the student's commitment to work for the	66125
enterprise at the completion of the internship.	66126

Sec. 5709.64.  (A) If an enterprise has been granted an	66127
incentive for the current calendar year under an agreement entered	66128
pursuant to section 5709.62, 5709.63, or 5709.632 of the Revised	66129
Code, it may apply, on or before the thirtieth day of April of	66130
that year, to the director of development, on a form prescribed by	66131
the director, for a tax incentive qualification certificate. The	66132
enterprise qualifies for an initial certificate if, on or before	66133
the last day of the calendar year immediately preceding that in	66134
which application is made, it satisfies all of the following	66135
requirements:	66136

(1) The enterprise has established, expanded, renovated, or	66137
occupied a facility pursuant to the agreement under section	66138
5709.62, 5709.63, or 5709.632 of the Revised Code.	66139

(2) The enterprise has hired new employees to fill nonretail	66140
positions at the facility, at least twenty-five per cent of whom	66141
at the time they were employed were at least one of the following:	66142

(a) Unemployed persons who had resided at least six months in	66143
the county in which the enterprise's project site is located;	66144

(b) JPTA eligible employees who had resided at least six	66145
months in the county in which the enterprise's project site is	66146
located;	66147

(c) Participants of the Ohio works first program under	66148
Chapter 5107. of the Revised Code or the prevention, retention,	66149
and contingency program under Chapter 5108. of the Revised Code or	66150
recipients of general assistance under former Chapter 5113. of the	66151
Revised Code, disabilityfinancial assistance under Chapter 5115.	66152
of the Revised Code, or unemployment compensation benefits who had	66153
resided at least six months in the county in which the	66154
enterprise's project site is located;	66155

(d) Handicapped persons, as defined under division (A) of	66156
section 3304.11 of the Revised Code, who had resided at least six	66157
months in the county in which the enterprise's project site is	66158
located;	66159

(e) Residents for at least one year of a zone located in the	66160
county in which the enterprise's project site is located.	66161

The director of development shall, by rule, establish	66162
criteria for determining what constitutes a nonretail position at	66163
a facility.	66164

(3) The average number of positions attributable to the	66165
enterprise in the municipal corporation during the calendar year	66166
immediately preceding the calendar year in which application is	66167
made exceeds the maximum number of positions attributable to the	66168
enterprise in the municipal corporation during the calendar year	66169
immediately preceding the first year the enterprise satisfies the	66170
requirements set forth in divisions (A)(1) and (2) of this	66171
section. If the enterprise is engaged in a business which, because	66172
of its seasonal nature, customarily enables the enterprise to	66173
operate at full capacity only during regularly recurring periods	66174
of the year, the average number of positions attributable to the	66175
enterprise in the municipal corporation during each period of the	66176
calendar year immediately preceding the calendar year in which	66177
application is made must exceed only the maximum number of	66178
positions attributable to the enterprise in each corresponding	66179
period of the calendar year immediately preceding the first year	66180
the enterprise satisfies the requirements of divisions (A)(1) and	66181
(2) of this section. The director of development shall, by rule,	66182
prescribe methods for determining whether an enterprise is engaged	66183
in a seasonal business and for determining the length of the	66184
corresponding periods to be compared.	66185

(4) The enterprise has not closed or reduced employment at	66186
any place of business in the state for the primary purpose of	66187
establishing, expanding, renovating, or occupying a facility. The	66188
legislative authority of any municipal corporation or the board of	66189
county commissioners of any county that concludes that an	66190
enterprise has closed or reduced employment at a place of business	66191
in that municipal corporation or county for the primary purpose of	66192
establishing, expanding, renovating, or occupying a facility in a	66193
zone may appeal to the director to determine whether the	66194
enterprise has done so. Upon receiving such an appeal, the	66195
director shall investigate the allegations and make such a	66196
determination before issuing an initial or renewal tax incentive	66197
qualification certificate under this section.	66198

Within sixty days after receiving an application under this	66199
division, the director shall review, investigate, and verify the	66200
application and determine whether the enterprise qualifies for a	66201
certificate. The application shall include an affidavit executed	66202
by the applicant verifying that the enterprise satisfies the	66203
requirements of division (A)(2) of this section, and shall contain	66204
such information and documents as the director requires, by rule,	66205
to ascertain whether the enterprise qualifies for a certificate.	66206
If the director finds the enterprise qualified, the director shall	66207
issue a tax incentive qualification certificate, which shall bear	66208
as its date of issuance the thirtieth day of June of the year of	66209
application, and shall state that the applicant is entitled to	66210
receive, for the taxable year that includes the certificate's date	66211
of issuance, the tax incentives provided under section 5709.65 of	66212
the Revised Code with regard to the facility to which the	66213
certificate applies. If an enterprise is issued an initial	66214
certificate, it may apply, on or before the thirtieth day of April	66215
of each succeeding calendar year for which it has been granted an	66216
incentive under an agreement entered pursuant to section 5709.62,	66217
5709.63, or 5709.632 of the Revised Code, for a renewal	66218
certificate. Subsequent to its initial certification, the	66219
enterprise qualifies for up to three successive renewal	66220
certificates if, on or before the last day of the calendar year	66221
immediately preceding that in which the application is made, it	66222
satisfies all the requirements of divisions (A)(1) to (4) of this	66223
section, and neither the zone's designation nor the zone's	66224
certification has been revoked prior to the fifteenth day of June	66225
of the year in which the application is made. The application	66226
shall include an affidavit executed by the applicant verifying	66227
that the enterprise satisfies the requirements of division (A)(2)	66228
of this section. An enterprise with ten or more supervisory	66229
personnel at the facility to which a certificate applies qualifies	66230
for any subsequent renewal certificates only if it meets all of	66231
the foregoing requirements and, in addition, at least ten per cent	66232
of those supervisory personnel are employees who, when first hired	66233
by the enterprise, satisfied at least one of the criteria	66234
specified in divisions (A)(2)(a) to (e) of this section. If the	66235
enterprise qualifies, a renewal certificate shall be issued	66236
bearing as its date of issuance the thirtieth day of June of the	66237
year of application. The director shall send copies of the initial	66238
certificate, and each renewal certificate, by certified mail, to	66239
the enterprise, the tax commissioner, the board of county	66240
commissioners, and the chief executive of the municipal	66241
corporation in which the facility to which the certificate applies	66242
is located.	66243

(B) If the director determines that an enterprise is not	66244
qualified for an initial or renewal tax incentive qualification	66245
certificate, the director shall send notice of this determination,	66246
specifying the reasons for it, by certified mail, to the	66247
applicant, the tax commissioner, the board of county	66248
commissioners, and the chief executive of the municipal	66249
corporation in which the facility to which the certificate would	66250
have applied is located. Within thirty days after receiving such a	66251
notice, an enterprise may request, in writing, a hearing before	66252
the director for the purpose of reviewing the application and the	66253
reasons for the determination. Within sixty days after receiving a	66254
request for a hearing, the director shall afford one and, within	66255
thirty days after the hearing, shall issue a redetermination of	66256
the enterprise's qualification for a certificate. If the	66257
enterprise is found to be qualified, the director shall proceed in	66258
the manner provided under division (A) of this section. If the	66259
enterprise is found to be unqualified, the director shall send	66260
notice of this finding, by certified mail, to the applicant, the	66261
tax commissioner, the board of county commissioners, and the chief	66262
executive of the municipal corporation in which the facility to	66263
which the certificate would have applied is located. The	66264
director's redetermination that an enterprise is unqualified may	66265
be appealed to the board of tax appeals in the manner provided	66266
under section 5717.02 of the Revised Code.	66267

Sec. 5711.02.  Except as otherwise provided by section	66268
5711.13 of the Revised Code, each year, beginning in tax year	66269
2004, each taxpayer having taxable personal property with an	66270
aggregate taxable value in excess of ten thousand dollars shall	66271
make a return, annually, to the county auditor of each county in	66272
which any taxable property, which the taxpayer must return, is	66273
required by this chapter to be listed and. The taxpayer shall	66274
truly and correctly list thereinon the return all taxable	66275
property so required to be listed, including property exempt under	66276
division (C)(3) of section 5709.01 of the Revised Code. Such	66277
returns shall be made on the blanks prescribed by the tax	66278
commissioner, which the county auditor shall supply at histhe	66279
auditor's office along with blanks of the kind required for the	66280
county supplemental return required by section 5711.131 of the	66281
Revised Code for the use of taxpayers. The county auditor shall	66282
mail or distribute such blanks prior to the fifteenth day of	66283
February to all persons known to himthe auditor to be taxpayers	66284
and to all persons to whom the commissioner may direct blanks of	66285
either type to be mailed or distributed, and he. The county	66286
auditor may place listing and county supplemental blanks at	66287
convenient places in histhe county. The failure of a taxpayer to	66288
receive or procure blanks shall not excuse himthe taxpayer from	66289
making any return or county supplemental return. The individual	66290
required to make the return shall furnish all statements and	66291
documents, give all information required, answer all questions	66292
asked on the required blanks, and subscribe to the truth and	66293
correctness of all matters contained therein.	66294

Sec. 5711.13. ABeginning in tax year 2004, each taxpayer	66295
having taxable property with an aggregate taxable value in excess	66296
of ten thousand dollars and required to be listed in more than one	66297
county shall make a combined return to the tax commissioner	66298
listing all its taxable property in this state, in conformity with	66299
sections 5711.01 to 5711.36 of the Revised Code, including	66300
property exempt under division (C)(3) of section 5709.01 of the	66301
Revised Code, but itthe taxpayer shall not assign its property of	66302
the kinds mentioned in section 5709.02 of the Revised Code to any	66303
particular taxing district or county. The tax commissioner shall	66304
assess the personal property of such taxpayer in the several	66305
taxing districts in which it is required byto be assessed under	66306
sections 5711.01 to 5711.36 of the Revised Code, to be assessed,	66307
and shall issue assessment certificates therefor to the proper	66308
county auditors at the time and in the manner required by section	66309
5711.25 of the Revised Code. All other property of such taxpayer	66310
required to be so listed shall be entered on the intangible	66311
property tax list in the office of the treasurer of state, and	66312
taxedshall be subject to taxation under section 5707.03 of the	66313
Revised Code. The commissioner shall assess all other property of	66314
each such taxpayer and, on or before the second Monday of August	66315
annually, shall certify the total value or amount of each kind	66316
thereof to the treasurer of state, who shall enter the value or	66317
amount on the intangible property tax list in histhe treasurer of	66318
state's office in the manner provided in sections 5725.01 to	66319
5725.26 of the Revised Code. Sections 5711.01 to 5711.36 of the	66320
Revised Code shall apply to and govern such taxpayer, its proper	66321
officers and representatives, the commissioner, and the county	66322
auditor as to all proceedings in the assessment of the property of	66323
such taxpayer.	66324

Sec. 5711.18. (A) As used in this section:

66325

(1) "Qualifying manufacturing property" means machinery or	66326
equipment satisfying both of the following:	66327

(a) The machinery or equipment would qualify as a thing	66328
transferred and used primarily in a manufacturing operation for	66329
the purposes of division (E)(9) of section 5739.01 and section	66330
5739.011 of the Revised Code.	66331

(b) The machinery or equipment was first placed in service in	66332
this state on or after July 1, 2004, and has not been listed for	66333
taxation under this chapter, and was not required to have been so	66334
listed, for any tax year before tax year 2004.	66335

(2) "Phase-in percentage" means the percentage corresponding	66336
with each of the following tax years:	66337

(B) In the case of accounts receivable, the book value	66349
thereof less book reserves shall be listed and shall be taken as	66350
the true value thereof unless the assessor finds that such net	66351
book value is greater or less than the then true value of such	66352
accounts receivable in money. In	66353

(C) In the case of personal property used in business, the	66354
book value thereof less book depreciation at such time shall be	66355
listed, and such depreciated book valueone of the following	66356
values shall be listed and shall be taken as the true value of	66357
such property, unless the assessor finds that such depreciated	66358
book value is greater or less than the then true value of such	66359
property in money. Claim:	66360

(1) In the case of personal property other than qualifying	66361
manufacturing property, the book value of the property less book	66362
depreciation at the time of listing;	66363

(2) In the case of qualifying manufacturing property, the sum	66364
of the following:	66365

(a) The depreciated book value at which the property would be	66366
valued under division (C)(1) of this section if the property were	66367
valued at the lowest valuation percentage for the class life	66368
assigned to such property, as prescribed under the rules adopted	66369
by the tax commissioner for the purpose of valuing personal	66370
property used in business;	66371

(b) The phase-in percentage multiplied by the excess, if any,	66372
of (i) the book value of the property less book depreciation at	66373
the time of listing, as prescribed in such rules, over (ii) the	66374
value described in division (C)(2)(a) of this section.	66375

Nothing in this section shall cause the true value of	66376
qualifying manufacturing property for any tax year to exceed the	66377
book value of the property less book depreciation at the time of	66378
listing.	66379

(D) Claims for any deduction from net book value of accounts	66380
receivable or depreciated book value of personal property must be	66381
made in writing by the taxpayer at the time of making the	66382
taxpayer's return; and when such. If the return is made to the	66383
county auditor who is required by sections 5711.01 to 5711.36,	66384
inclusive, of the Revised Code, to transmit it to the tax	66385
commissioner for assessment, the auditor shall, as deputy of the	66386
commissioner, investigate such claim and shall enter thereon, or	66387
attach thereto, in such form as the commissioner prescribes, the	66388
auditor's findings and recommendations with respect thereto; when	66389
suchto the claim. If the return is made to the tax commissioner,	66390
suchthe claim for deduction from depreciated book value of	66391
personal property shall be referred to the auditor, as such	66392
deputy, of each county in which the property affected thereby is	66393
listed for investigation and report.	66394

(E) Any change in the method of determining true value, as	66395
prescribed by the tax commissioner on a prospective basis, shall	66396
not be admissible in any judicial or administrative action or	66397
proceeding as evidence of value with regard to prior years' taxes.	66398
Information about the business, property, or transactions of any	66399
taxpayer obtained by the commissioner for the purpose of adopting	66400
or modifying any such method shall not be subject to discovery or	66401
disclosure.	66402

Sec. 5711.22.  (A) Deposits not taxed at the source shall be	66403
listed and assessed at their amount in dollars on the day they are	66404
required to be listed. Moneys shall be listed and assessed at the	66405
amount thereof in dollars on hand on the day that they are	66406
required to be listed. In listing investments, the amount of the	66407
income yield of each for the calendar year next preceding the date	66408
of listing shall, except as otherwise provided in this chapter, be	66409
stated in dollars and cents and the assessment thereof shall be at	66410
the amount of such income yield; but any property defined as	66411
investments in either division (A) or (B) of section 5701.06 of	66412
the Revised Code that has not been outstanding for the full	66413
calendar year next preceding the date of listing, except shares of	66414
stock of like kind as other shares of the same corporation	66415
outstanding for the full calendar year next preceding the date of	66416
listing, or which has yielded no income during such calendar year	66417
shall be listed and assessed as unproductive investments, at their	66418
true value in money on the day that such investments are required	66419
to be listed.	66420

Credits and other taxable intangibles shall be listed and	66421
assessed at their true value in money on the day as of which the	66422
same are required to be listed.	66423

Shares of stock of a bank holding company, as defined in	66424
Title 12 U.S.C.A., section 1841, that are required to be listed	66425
for taxation under this division and upon which dividends were	66426
paid during the year of their issuance, which dividends are	66427
subject to taxation under the provisions of Chapter 5747. of the	66428
Revised Code, shall be exempt from the intangibles tax for the	66429
year immediately succeeding their issuance. If such shares bear	66430
dividends the first calendar year after their issuance, which	66431
dividends are subject to taxation under the provisions of Chapter	66432
5747. of the Revised Code, it shall be deemed that the	66433
nondelinquent intangible property tax pursuant to division (A) of	66434
section 5707.04 of the Revised Code was paid on those dividends	66435
paid that first calendar year after the issuance of the shares.	66436

(B)(1) Boilers, machinery, equipment, and personal property	66437
the true value of which is determined under division (B) of	66438
section 5711.21 of the Revised Code shall be listed and assessed	66439
at an amount equal to the sum of the products determined under	66440
divisions (B)(1)(a), (b), and (c) of this section.	66441

(a) Multiply the portion of the true value determined under	66442
division (B)(1) of section 5711.21 of the Revised Code by the	66443
assessment rate in division (F) of this section;	66444

(b) Multiply the portion of the true value determined under	66445
division (B)(2) of section 5711.21 of the Revised Code by the	66446
assessment rate in section 5727.111 of the Revised Code that is	66447
applicable to the production equipment of an electric company;	66448

(c) Multiply the portion of the true value determined under	66449
division (B)(3) of section 5711.21 of the Revised Code by the	66450
assessment rate in section 5727.111 of the Revised Code that is	66451
applicable to the property of an electric company that is not	66452
production equipment.	66453

(2) Personal property leased to a public utility or	66454
interexchange telecommunications company as defined in section	66455
5727.01 of the Revised Code and used directly in the rendition of	66456
a public utility service as defined in division (P) of section	66457
5739.01 of the Revised Code shall be listed and assessed at the	66458
same percentage of true value in money that such property is	66459
required to be assessed by section 5727.111 of the Revised Code if	66460
owned by the public utility or interexchange telecommunications	66461
company.	66462

(C)(1) Merchandise or an agricultural product shipped from	66463
outside this state and held in this state in a warehouse or a	66464
place of storage without further manufacturing or processing and	66465
for storage only and for shipment outside this state, but that is	66466
taxable because it does not qualify as "not used in business in	66467
this state" under division (B)(1) or (2) of section 5701.08 of the	66468
Revised Code, shall be listed and assessed at a rate of	66469
twenty-five one-hundredths of its true value in money until	66470
reduced in accordance with the following schedule:	66471

(a) For any year, subtract five one-hundredths from the rate	66472
at which such property was required to be listed and assessed in	66473
the preceding year, if the total statewide collection of all real	66474
and tangible personal property taxes for the second preceding year	66475
exceeded the total statewide collection of all real and tangible	66476
personal property taxes for the third preceding year by more than	66477
the greater of four per cent or the rate of increase from the	66478
third to the second preceding years in the average consumer price	66479
index (all urban consumers, all items) prepared by the bureau of	66480
labor statistics of the United States department of labor;	66481

(b) If no reduction in the assessment rate is made for a	66482
year, the rate is the same as for the preceding year.	66483

(2) Each year until the year the assessment rate equals zero,	66484
the tax commissioner shall determine the assessment rate required	66485
under this division and shall notify all county auditors of that	66486
rate.	66487

(3) Notwithstanding provisions to the contrary in division	66488
(B) of section 5701.08 of the Revised Code, during and after the	66489
year for which the assessment rate as calculated under this	66490
division equals zero, any merchandise or agricultural product	66491
shipped from outside this state and held in this state in any	66492
warehouse or place of storage, whether public or private, without	66493
further manufacturing or processing and for storage only and for	66494
shipment outside this state to any person for any purpose is not	66495
used in business in this state for property tax purposes.	66496

(D)(1) Merchandise or an agricultural product owned by a	66497
qualified out-of-state person shipped from outside this state and	66498
held in this state in a public warehouse without further	66499
manufacturing or processing and for temporary storage only and for	66500
shipment inside this state, but that is taxable because it does	66501
not qualify as "not used in business in this state" under division	66502
(B)(1) or (2) of section 5701.08 of the Revised Code, shall be	66503
listed and assessed at a rate of twenty-five one-hundredths of its	66504
true value in money until reduced in accordance with the following	66505
schedule:	66506

(a) For any year, subtract five one-hundredths from the rate	66507
at which such property was required to be listed and assessed in	66508
the preceding year, if the total statewide collection of all real	66509
and tangible personal property taxes for the second preceding year	66510
exceeded the total statewide collection of all real and tangible	66511
personal property taxes for the third preceding year by more than	66512
the greater of four per cent or the rate of increase from the	66513
third to the second preceding years in the average consumer price	66514
index (all urban consumers, all items) prepared by the bureau of	66515
labor statistics of the United States department of labor;	66516

(b) If no reduction in the assessment rate is made for a	66517
year, the rate is the same as for the preceding year.	66518

(2) Each year until the year the assessment rate equals zero,	66519
the tax commissioner shall determine the assessment rate required	66520
under this division and shall notify all county auditors of that	66521
rate.	66522

(3) Notwithstanding provisions to the contrary in division	66523
(B) of section 5701.08 of the Revised Code, during and after the	66524
year for which the assessment rate as calculated under this	66525
division equals zero, any merchandise or agricultural product	66526
described in division (D)(1) of this section is not used in	66527
business in this state for property tax purposes.	66528

(4) As used in division (D) of this section:

66529

(a) "Qualified out-of-state person" means a person that does	66530
not own, lease, or use property, other than merchandise or an	66531
agricultural product described in this division, in this state,	66532
and does not have employees, agents, or representatives in this	66533
state;	66534

(b) "Public warehouse" means a warehouse in this state that	66535
is not subject to the control of or under the supervision of the	66536
owner of the merchandise or agricultural product stored in it, or	66537
staffed by the owner's employees, and from which the property is	66538
to be shipped inside this state.	66539

(E) Personal property valued pursuant to section 5711.15 of	66540
the Revised Code and personal property required to be listed on	66541
the average basis by division (A) of section 5711.16 of the	66542
Revised Code, except property described in division (C) or (D) of	66543
this section, business fixtures, and furniture not held for sale	66544
in the course of business, shall be listed and assessed at the	66545
rate of twenty-five per cent of its true value in money until	66546
reduced to zero in accordance with the following schedule:	66547

(1) Beginning in tax year 2002 and for each of tax years	66548
2003,and 2004, 2005, and 2006, subtract one percentage point from	66549
the rate at which the property was required to be listed and	66550
assessed in the preceding year, if the total statewide collection	66551
of tangible personal property taxes for the second preceding year	66552
exceeded the total statewide collection of tangible personal	66553
property taxes for the third preceding year. If no reduction in	66554
the assessment rate is made for a year, the rate is the same as	66555
for the preceding year. For purposes of this division, total	66556
statewide collection of tangible personal property taxes excludes	66557
taxes collected from public utilities and interexchange	66558
telecommunications companies on property that is determined to be	66559
taxable pursuant to section 5727.06 of the Revised Code.	66560

(2) In tax year 2007, the assessment rate shall be the lesser	66561
of twenty-four per cent or one percentage point less than the rate	66562
at which property was required to be listed and assessed the	66563
preceding year. Each2005 and each tax year thereafter, the	66564
assessment rate shall be reduced by onetwo percentage point until	66565
it equals zero per cent not later than tax year 2031points, if	66566
the total statewide collection of tangible personal property taxes	66567
for the second preceding year exceeded the total statewide	66568
collection of tangible personal property taxes for the third	66569
preceding year. If no reduction in the assessment rate is made for	66570
a year, the rate is the same as for the preceding year. During and	66571
after the tax year that the assessment rate equals zero, the	66572
property described in division (E) of this section shall not be	66573
listed for taxation.	66574

Each year until the year the assessment rate equals zero, the	66575
tax commissioner shall determine the assessment rate required	66576
under this division and shall notify all county auditors of that	66577
rate.	66578

For purposes of division (E) of this section, "total	66579
statewide collection of tangible person property taxes" excludes	66580
taxes collected from public utilities and interexchange	66581
telecommunications companies on property that is determined to be	66582
taxable pursuant to section 5727.06 of the Revised Code.	66583

(F) Unless otherwise provided by law, all other personal	66584
property used in business that has not been legally regarded as an	66585
improvement on land and considered in arriving at the value of the	66586
real property assessed for taxation shall be listed and assessed	66587
at the rate of twenty-five per cent of its true value in money.	66588

Sec. 5711.27.  No taxpayer shall fail to make a return within	66589
the time prescribed by law, or as extended pursuant to section	66590
5711.04 of the Revised Code, nor fail to list in a return or	66591
disclose on an accompanying balance sheet or in other information	66592
filed with the return any item of taxable property which hethe	66593
taxpayer is required byto list in the return under sections	66594
5711.01 to 5711.36 of the Revised Code, to list therein.	66595

If any taxpayer does so fail the following shall apply:

66596

(A) In the case of a taxpayer who fails to make a timely	66597
return, the assessor shall add to the taxpayer's assessment as a	66598
penalty, one-half of the taxpayer's taxable value that is exempt	66599
from taxation under division (C)(3) of section 5709.01 of the	66600
Revised Code. If the taxpayer's taxable value that is exempt from	66601
taxation under division (C)(3) of section 5709.01 of the Revised	66602
Code is located in more than one taxing district, the penalty	66603
assessment shall be applied among taxing districts as if only five	66604
thousand dollars, or one-half of the taxpayer's taxable valuation,	66605
whichever is less, had been exempt from taxation under such	66606
division.	66607

(B) In the case of a taxpayer who fails to make a timely	66608
return, or fails to list or disclose any item hethe taxpayer is	66609
required to return, the assessor shall add to the assessment of	66610
each class or item of taxable property which the taxpayer failed	66611
to return, list, or disclose and to any amount added under	66612
division (A) of this section, a penalty of up to fifty per cent	66613
thereofof the assessment; but if such taxpayer makes, within	66614
sixty days after the expiration of the time prescribed by such	66615
sections, a return or an amended or supplementary return and lists	66616
therein or discloses on an accompanying balance sheet or in other	66617
information filed with the return all items of taxable property	66618
which hethe taxpayer is required by such sections to list, and in	66619
all cases in which the taxpayer's only default is histhe failure	66620
to pay the amounts specified in section 5719.02 of the Revised	66621
Code within the time therein specified, such penalty shall be five	66622
per cent of the assessment, and, if the assessment certificate has	66623
been issued, an amended assessment certificate shall be issued and	66624
substituted therefor.	66625

Either or both of the penaltiesThe penalty provided in this	66626
section may be abated in whole or in part by the assessor when it	66627
is shown that such failure is due to reasonable cause. The penalty	66628
assessment shall be entered on the proper tax list and duplicate,	66629
and taxes shall be levied thereon the same as on the assessment	66630
itself.	66631

If any taxpayer does so fail with respect to a return	66632
required to be filed for tax year 1982 or any prior year, the	66633
assessor shall add to the assessment of each class or item of	66634
taxable property which the taxpayer failed to return, list or	66635
disclose in addition to the penalties provided by law, an	66636
additional charge at the rate of one-half of one per cent per	66637
month from the date such property should have been returned or	66638
disclosed until the same is assessed, provided that said	66639
additional charge shall not be added to an assessment for any	66640
period of time in excess of ten years previous to the date of the	66641
assessment.	66642

A fiduciary against whom a penalty assessment is made shall	66643
be personally liable for the amount of taxes levied in respect to	66644
such penalty assessment and any additional charge, and in case of	66645
fraud or intent to evade taxes, such fiduciary shall have no right	66646
of reimbursement against the property held by himthe fiduciary as	66647
such fiduciary nor against the person for whose benefit the same	66648
is held.	66649

Sec. 5711.33.  (A)(1) When a county treasurer receives a	66650
certificate from a county auditor pursuant to division (A) of	66651
section 5711.32 of the Revised Code charging the treasurer with	66652
the collection of an amount of taxes due as the result of a	66653
deficiency assessment, the treasurer shall immediately prepare and	66654
mail a tax bill to the taxpayer owing such tax. The tax bill shall	66655
contain the name of the taxpayer; the taxable value, tax rate, and	66656
taxes charged for each year being assessed; the total amount of	66657
taxes due; the final date payment may be made without additional	66658
penalty; and any other information the treasurer considers	66659
pertinent or necessary. Taxes due and payable as a result of a	66660
deficiency assessment, less any amount specifically excepted from	66661
collection under division (B) of section 5711.32 of the Revised	66662
Code, shall be paid with interest thereon as prescribed by section	66663
5719.041 of the Revised Code on or before the sixtieth day	66664
following the date of issuance of the certificate by the county	66665
auditor. The balance of taxes found due and payable after a final	66666
determination by the tax commissioner or a final judgment of the	66667
board of tax appeals or any court to which such final judgment may	66668
be appealed, shall be paid with interest thereon as prescribed by	66669
section 5719.041 of the Revised Code on or before the sixtieth day	66670
following the date of certification by the auditor to the	66671
treasurer pursuant to division (C) of section 5711.32 of the	66672
Revised Code of such final determination or judgment. Such final	66673
dates for payment shall be determined and exhibited on the tax	66674
bill by the treasurer.	66675

(2) If, on or before the sixtieth day following the date of a	66676
certification of a deficiency assessment under division (A) of	66677
section 5711.32 of the Revised Code or of a certification of a	66678
final determination or judgment under division (C) of section	66679
5711.32 of the Revised Code, the taxpayer pays the full amount of	66680
taxes and interest due at the time of the receipt of certification	66681
with respect to that assessment, determination, or judgment, no	66682
interest shall accrue or be charged with respect to that	66683
assessment, determination, or judgment for the period that begins	66684
on the first day of the month in which the certification is made	66685
and that ends on the last day of the month preceding the month in	66686
which such sixtieth day occurs.	66687

(B) When the taxes charged, as mentioned in division (A) of	66688
this section, are not paid within the time prescribed by such	66689
division, a penalty of ten per cent of the amount due and unpaid	66690
and interest for the period described in division (A)(2) of this	66691
section shall accrue at the time the treasurer closes the	66692
treasurer's office for business on the last day so prescribed, but	66693
if the taxes are paid within ten days subsequent to the last day	66694
prescribed, the treasurer shall waive the collection of and the	66695
auditor shall remit one-half of the penalty. The treasurer shall	66696
not thereafter accept less than the full amount of taxes and	66697
penalty except as otherwise authorized by law. Such penalty shall	66698
be distributed in the same manner and at the same time as the tax	66699
upon which it has accrued. The whole amount collected shall be	66700
included in the next succeeding settlement of appropriate taxes.	66701

(C) When the taxes charged, as mentioned in division (A) of	66702
this section, remain unpaid after the final date for payment	66703
prescribed by such division, such charges shall be deemed to be	66704
delinquent taxes. The county auditor shall cause such charges,	66705
including the penalty that has accrued pursuant to this section,	66706
to be added to the delinquent tax duplicate in accordance with	66707
section 5719.04 of the Revised Code.	66708

(D) The county auditor, upon consultation with the county	66709
treasurer, shall remit a penalty imposed under division (B) of	66710
this section or division (C) of section 5719.03 of the Revised	66711
Code for the late payment of taxes when:	66712

(1) The taxpayer could not make timely payment of the tax	66713
because of the negligence or error of the county auditor or county	66714
treasurer in the performance of a statutory duty relating to the	66715
levy or collection of such tax.	66716

(2) In cases other than those described in division (D)(1) of	66717
this section, the taxpayer failed to receive a tax bill or a	66718
correct tax bill, and the taxpayer made a good faith effort to	66719
obtain such bill within thirty days after the last day for payment	66720
of the tax.	66721

(3) The tax was not timely paid because of the death or	66722
serious injury of the taxpayer, or the taxpayer's confinement in a	66723
hospital within sixty days preceding the last day for payment of	66724
the tax if, in any case, the tax was subsequently paid within	66725
sixty days after the last day for payment of such tax.	66726

(4) The taxpayer demonstrates to the satisfaction of the	66727
auditor that the full payment was properly deposited in the mail	66728
in sufficient time for the envelope to be postmarked by the United	66729
States postal service on or before the last day for payment of	66730
such tax. A private meter postmark on an envelope is not a valid	66731
postmark for purposes of establishing the date of payment of such	66732
tax.	66733

(5) In cases other than those described in divisions (D)(1)	66734
to (4) of this section, the taxpayer's failure to make timely	66735
payment of the tax is due to reasonable cause and not willful	66736
neglect.	66737

(E) The taxpayer, upon application within sixty days after	66738
the mailing of the county auditor's decision, may request the tax	66739
commissioner to review the denial of the remission of a penalty by	66740
the county auditor. The application may be filed in person or by	66741
certified mail. If the application is filed by certified mail, the	66742
date of the United States postmark placed on the sender's receipt	66743
by the postal service shall be treated as the date of filing. The	66744
commissioner shall consider the application, determine whether the	66745
penalty should be remitted, and certify the determination to the	66746
taxpayer and to the county treasurer and county auditor, who shall	66747
correct the tax list and duplicate accordingly. The commissioner	66748
shallmay issue orders and instructions for the uniform	66749
implementation of this section by all county auditors and county	66750
treasurers, and such orders and instructions shall be followed by	66751
such officers.	66752

Sec. 5713.07.  The county auditor, at the time of making the	66753
assessment of real property subject to taxation, shall enter in a	66754
separate list pertinent descriptions of all burying grounds,	66755
public schoolhouses, houses used exclusively for public worship,	66756
institutions of purely public charity, real property used	66757
exclusively for a home for the aged, as defined in section 5701.13	66758
of the Revised Code, and public buildings and property used	66759
exclusively for any public purpose, and any other property, with	66760
the lot or tract of land on which such house, institution, or	66761
public building, or other property is situated, and which are	66762
exempthave been exempted from taxation by either the tax	66763
commissioner under section 5715.27 of the Revised Code or by the	66764
housing officer under section 3735.67 of the Revised Code. HeThe	66765
auditor shall value such houses, buildings, property, and lots and	66766
tracts of land at their taxable value in the same manner as hethe	66767
auditor is required to value other real property, designating in	66768
each case the township, municipal corporation, and number of the	66769
school district, or the name or designation of the school,	66770
religious society, or institution to which each house, lot, or	66771
tract belongs. If such property is held and used for other public	66772
purposes, hethe auditor shall state by whom or how it is held.	66773

Sec. 5713.08.  (A) The county auditor shall make a list of	66774
all real and personal property in the auditor's county, including	66775
money, credits, and investments in bonds, stocks, or otherwise,	66776
which is exempted from taxation. Such list shall show the name of	66777
the owner, the value of the property exempted, and a statement in	66778
brief form of the ground on which such exemption has been granted.	66779
It shall be corrected annually by adding thereto the items of	66780
property which have been exempted during the year, and by striking	66781
therefrom the items which in the opinion of the auditor have lost	66782
their right of exemption and which have been reentered on the	66783
taxable list. No additions shall be made to such exempt lists and	66784
no additional items of property shall be exempted from taxation	66785
without the consent of the tax commissioner as is provided for in	66786
section 5715.27 of the Revised Code, but whenor without the	66787
consent of the housing officer under section 3735.67 of the	66788
Revised Code. When any personal property or endowment fund of an	66789
institution has once been held by the commissioner to be properly	66790
exempt from taxation, it is not necessary to obtain the	66791
commissioner's consent to the exemption of additional property or	66792
investments of the same kind belonging to the same institution,	66793
but such property shall appear on the abstract filed annually with	66794
the commissioner. The commissioner may revise at any time the list	66795
in every county so that no property is improperly or illegally	66796
exempted from taxation. The auditor shall follow the orders of the	66797
commissioner given under this section. An abstract of such list	66798
shall be filed annually with the commissioner, on a form approved	66799
by the commissioner, and a copy thereof shall be kept on file in	66800
the office of each auditor for public inspection.	66801

The commissioner shall not consider an application for	66802
exemption of property unless the application has attached thereto	66803
a certificate executed by the county treasurer certifying one of	66804
the following:	66805

(1) That all taxes, assessments, interest, and penalties	66806
levied and assessed against the property sought to be exempted	66807
have been paid in full to the date upon which the application for	66808
exemption is filed, except for such taxes, interest, and penalties	66809
that may be remitted under division (B) of this section;	66810

(2) That the applicant has entered into a valid delinquent	66811
tax contract with the county treasurer pursuant to division (A) of	66812
section 323.31 of the Revised Code to pay all of the delinquent	66813
taxes, assessments, interest, and penalties charged against the	66814
property, except for such taxes, interest, and penalties that may	66815
be remitted under division (B) of this section. If the auditor	66816
receives notice under section 323.31 of the Revised Code that such	66817
a written delinquent tax contract has become void, the auditor	66818
shall strike such property from the list of exempted property and	66819
reenter such property on the taxable list. If property is removed	66820
from the exempt list because a written delinquent tax contract has	66821
become void, current taxes shall first be extended against that	66822
property on the general tax list and duplicate of real and public	66823
utility property for the tax year in which the auditor receives	66824
the notice required by division (A) of section 323.31 of the	66825
Revised Code that the delinquent tax contract has become void or,	66826
if that notice is not timely made, for the tax year in which falls	66827
the latest date by which the treasurer is required by such section	66828
to give such notice. A county auditor shall not remove from any	66829
tax list and duplicate the amount of any unpaid delinquent taxes,	66830
assessments, interest, or penalties owed on property that is	66831
placed on the exempt list pursuant to this division.	66832

(3) That a tax certificate has been issued under section	66833
5721.32 or 5721.33 of the Revised Code with respect to the	66834
property that is the subject of the application, and the tax	66835
certificate is outstanding.	66836

(B) Any taxes, interest, and penalties which have become a	66837
lien after the property was first used for the exempt purpose, but	66838
in no case prior to the date of acquisition of the title to the	66839
property by the applicant, may be remitted by the commissioner,	66840
except as is provided in division (A) of section 5713.081 of the	66841
Revised Code.	66842

(C) Real property acquired by the state in fee simple is	66843
exempt from taxation from the date of acquisition of title or date	66844
of possession, whichever is the earlier date, provided that all	66845
taxes, interest, and penalties as provided in the apportionment	66846
provisions of section 319.20 of the Revised Code have been paid to	66847
the date of acquisition of title or date of possession by the	66848
state, whichever is earlier. The proportionate amount of taxes	66849
that are a lien but not yet determined, assessed, and levied for	66850
the year in which the property is acquired, shall be remitted by	66851
the county auditor for the balance of the year from date of	66852
acquisition of title or date of possession, whichever is earlier.	66853
This section shall not be construed to authorize the exemption of	66854
such property from taxation or the remission of taxes, interest,	66855
and penalties thereon until all private use has terminated.	66856

Sec. 5713.081. (A) No application for real property tax	66857
exemption and tax remission shall be filed with, or considered by,	66858
the tax commissioner in which tax remission is requested for more	66859
than three tax years, and the commissioner shall not remit more	66860
than three years' delinquent taxes, penalties, and interest.	66861

(B) All taxes, penalties, and interest, that have been	66862
delinquent for more than three years, appearing on the general tax	66863
list and duplicate of real property which have been levied and	66864
assessed against parcels of real property owned by the state, any	66865
political subdivision, or any other entity whose ownership of real	66866
property would constitute public ownership, shall be collected by	66867
the county auditor of the county where the real property is	66868
located. Such officialauditor shall deduct from each distribution	66869
made by himthe auditor, the amount necessary to pay the tax	66870
delinquency from any revenues or funds to the credit of the state,	66871
any political subdivision, or any other entity whose ownership of	66872
real property would constitute public ownership thereof, passing	66873
under histhe auditor's control, or which come into histhe	66874
auditor's possession, and such deductions shall be made on a	66875
continuing basis until all delinquent taxes, penalties, and	66876
interest noted in this section have been paid.	66877

(C) As used in division (B) of this section, "political	66878
subdivision" includes townships, municipalities, counties, school	66879
districts, boards of education, all state and municipal	66880
universities, park boards, and any other entity whose ownership of	66881
real property would constitute public ownership.	66882

Sec. 5713.082.  (A) Whenever the county auditor reenters an	66883
item of property to the tax list as provided in section 5713.08 of	66884
the Revised Code and there has been no conveyance of the property	66885
between separate entities, the auditor shall send notice by	66886
certified mail to the owner of the property that it is now subject	66887
to property taxation as a result of such action. The auditor shall	66888
send the notice at the same time hethe auditor certifies the real	66889
property tax duplicate to the county treasurer. The notice shall	66890
describe the property and indicate that the owner may reapply for	66891
tax exemption by filing an application for exemption as provided	66892
in section 5715.27 of the Revised Code, and that failure to file	66893
such an application within the proper time period will result in	66894
the owner having to pay the taxes even if the property continued	66895
to be used for an exempt purpose.	66896

(B) If the auditor failed to send the notice required by this	66897
section, and if the owner of the property subsequently files an	66898
application for tax exemption for the property for the current tax	66899
year, the tax commissioner may grant exemption to the property,	66900
and hethe commissioner shall remit all unpaid taxes and penalties	66901
for each prior year since the property was reentered on the tax	66902
list notwithstanding the provisions of division (A) of section	66903
5713.081 of the Revised Code.	66904

Sec. 5713.30.  As used in sections 5713.31 to 5713.37 and	66905
5715.01 of the Revised Code:	66906

(A) "Land devoted exclusively to agricultural use" means:

66907

(1) Tracts, lots, or parcels of land totaling not less than	66908
ten acres that, during the three calendar years prior to the year	66909
in which application is filed under section 5713.31 of the Revised	66910
Code, and through the last day of May of such year, were devoted	66911
exclusively to commercial animal or poultry husbandry,	66912
aquaculture, apiculture, the production for a commercial purpose	66913
of timber, field crops, tobacco, fruits, vegetables, nursery	66914
stock, ornamental trees, sod, or flowers, or the growth of timber	66915
for a noncommercial purpose, if the land on which the timber is	66916
grown is contiguous to or part of a parcel of land under common	66917
ownership that is otherwise devoted exclusively to agricultural	66918
use, or were devoted to and qualified for payments or other	66919
compensation under a land retirement or conservation program under	66920
an agreement with an agency of the federal government;	66921

(2) Tracts, lots, or parcels of land totaling less than ten	66922
acres that, during the three calendar years prior to the year in	66923
which application is filed under section 5713.31 of the Revised	66924
Code and through the last day of May of such year, were devoted	66925
exclusively to commercial animal or poultry husbandry,	66926
aquaculture, apiculture, the production for a commercial purpose	66927
of field crops, tobacco, fruits, vegetables, timber, nursery	66928
stock, ornamental trees, sod, or flowers where such activities	66929
produced an average yearly gross income of at least twenty-five	66930
hundred dollars during such three-year period or where there is	66931
evidence of an anticipated gross income of such amount from such	66932
activities during the tax year in which application is made, or	66933
were devoted to and qualified for payments or other compensation	66934
under a land retirement or conservation program under an agreement	66935
with an agency of the federal government;	66936

(3) A tract, lot, or parcel of land taxed under sections	66937
5713.22 to 5713.26 of the Revised Code is not land devoted	66938
exclusively to agricultural use;	66939

(4) Tracts, lots, or parcels of land, or portions thereof	66940
whichthat, during the previous three consecutive calendar years	66941
have been designated as land devoted exclusively to agricultural	66942
use, but such land has been lying idle or fallow for up to one	66943
year and no action has occurred to such land that is either	66944
inconsistent with the return of it to agricultural production or	66945
converts the land devoted exclusively to agricultural use as	66946
defined in this section. Such land shall remain designated as land	66947
devoted exclusively to agricultural use provided that beyond one	66948
year, but less than three years, the landowner proves good cause	66949
as determined by the board of revision.	66950

"Land devoted exclusively to agricultural use" includes	66951
tracts, lots, or parcels of land or portions thereof that are used	66952
for conservation practices, provided that the tracts, lots, or	66953
parcels of land or portions thereof comprise twenty-five per cent	66954
or less of the total of the tracts, lots, or parcels of land that	66955
satisfy the criteria established in division (A)(1), (2), or (4)	66956
of this section together with the tracts, lots, or parcels of land	66957
or portions thereof that are used for conservation practices.	66958

(B) "Conversion of land devoted exclusively to agricultural	66959
use" means any of the following:	66960

(1) The failure of the owner of land devoted exclusively to	66961
agricultural use during the next preceding calendar year to file a	66962
renewal application under section 5713.31 of the Revised Code	66963
without good cause as determined by the board of revision;	66964

(2) The failure of the new owner of such land to file an	66965
initial application under that section without good cause as	66966
determined by the board of revision;	66967

(3) The failure of such land or portion thereof to qualify as	66968
land devoted exclusively to agricultural use for the current	66969
calendar year as requested by an application filed under such	66970
section;	66971

(4) The failure of the owner of the land described in	66972
division (A)(4) of this section to act on such land in a manner	66973
that is consistent with the return of the land to agricultural	66974
production after three years.	66975

(C) "Tax savings" means the difference between the dollar	66976
amount of real property taxes levied in any year on land valued	66977
and assessed in accordance with its current agricultural use value	66978
and the dollar amount of real property taxes whichthat would have	66979
been levied upon such land if it had been valued and assessed for	66980
such year in accordance with Section 2 of Article XII, Ohio	66981
Constitution.	66982

(D) "Owner" includes, but is not limited to, any person	66983
owning a fee simple, fee tail, or life estate, or a buyer on a	66984
land installment contract.	66985

(E) "Conservation practices" includes, but is not limited to,	66986
the installation, construction, development, planting, or use of	66987
grass waterways, terraces, diversions, filter strips, field	66988
borders, windbreaks, riparian buffers, wetlands, ponds, and cover	66989
crops to abate soil erosion.	66990

(F) "Wetlands" has the same meaning as in section 6111.02 of	66991
the Revised Code.	66992

Sec. 5715.27.  (A) TheExcept as provided in section 3735.67	66993
of the Revised Code, the owner of any property may file an	66994
application with the tax commissioner, on forms prescribed by the	66995
commissioner, requesting that such property be exempted from	66996
taxation and that unpaid taxes and penalties be remitted as	66997
provided in division (B) of section 5713.08 of the Revised Code.	66998

(B) The board of education of any school district may request	66999
the tax commissioner to provide it with notification of	67000
applications for exemption from taxation for property located	67001
within that district. If so requested, the commissioner shall send	67002
to the board for the quarters ending on the last day of March,	67003
June, September, and December of each year, reports that contain	67004
sufficient information to enable the board to identify each	67005
property that is the subject of an exemption application,	67006
including, but not limited to, the name of the property owner or	67007
applicant, the address of the property, and the auditor's parcel	67008
number. The commissioner shall mail the reports on or about the	67009
fifteenth day of the month following the end of the quarter.	67010

(C) A board of education that has requested notification	67011
under division (B) of this section may, with respect to any	67012
application for exemption of property located in the district and	67013
included in the commissioner's most recent report provided under	67014
that division, file a statement with the commissioner and with the	67015
applicant indicating its intent to submit evidence and participate	67016
in any hearing on the application. The statements shall be filed	67017
prior to the first day of the third month following the end of the	67018
quarter in which that application was docketed by the	67019
commissioner. A statement filed in compliance with this division	67020
entitles the district to submit evidence and to participate in any	67021
hearing on the property and makes the district a party for	67022
purposes of sections 5717.02 to 5717.04 of the Revised Code in any	67023
appeal of the commissioner's decision to the board of tax appeals.	67024

(D) The commissioner shall not hold a hearing on or grant or	67025
deny an application for exemption of property in a school district	67026
whose board of education has requested notification under division	67027
(B) of this section until the end of the period within which the	67028
board may submit a statement with respect to that application	67029
under division (C) of this section. The commissioner may act upon	67030
an application at any time prior to that date upon receipt of a	67031
written waiver from each such board of education, or, in the case	67032
of exemptions authorized by section 725.02, 1728.10, 3735.67,	67033
5709.41, 5709.62, or 5709.63 of the Revised Code, upon the request	67034
of the property owner. Failure of a board of education to receive	67035
the report required in division (B) of this section shall not void	67036
an action of the commissioner with respect to any application. The	67037
commissioner may extend the time for filing a statement under	67038
division (C) of this section.	67039

(E) A complaint may also be filed with the commissioner by	67040
any person, board, or officer authorized by section 5715.19 of the	67041
Revised Code to file complaints with the county board of revision	67042
against the continued exemption of any property granted exemption	67043
by the commissioner under this section.	67044

(F) An application for exemption and a complaint against	67045
exemption shall be filed prior to the thirty-first day of December	67046
of the tax year for which exemption is requested or for which the	67047
liability of anythe property to taxation in that year is	67048
requested. The commissioner shall consider such application or	67049
complaint in accordance with procedures established by the	67050
commissioner, determine whether the property is subject to	67051
taxation or exempt therefrom, and certify the commissioner's	67052
findings to the auditor, who shall correct the tax list and	67053
duplicate accordingly. If a tax certificate has been sold under	67054
section 5721.32 or 5721.33 of the Revised Code with respect to	67055
property for which an exemption has been requested, the tax	67056
commissioner shall also certify the findings to the county	67057
treasurer of the county in which the property is located.	67058

(G) Applications and complaints, and documents of any kind	67059
related to applications and complaints, filed with the tax	67060
commissioner under this section, are public records within the	67061
meaning of section 149.43 of the Revised Code.	67062

(H) If the commissioner determines that the use of property	67063
or other facts relevant to the taxability of property that is the	67064
subject of an application for exemption or a complaint under this	67065
section has changed while the application or complaint was	67066
pending, the commissioner may make the determination under	67067
division (F) of this section separately for each tax year	67068
beginning with the year in which the application or complaint was	67069
filed or the year for which remission of unpaid taxes under	67070
division (B) of section 5713.08 of the Revised Code was requested,	67071
and including each subsequent tax year during which the	67072
application or complaint is pending before the commissioner.	67073

Sec. 5715.39. (A) The tax commissioner may remit real	67074
property taxes, manufactured home taxes, penalties, and interest	67075
found by the commissioner to have been illegally assessed. The	67076
commissioner also may remit any penalty charged against any real	67077
property or manufactured or mobile home that was the subject of an	67078
application for exemption from taxation under section 5715.27 of	67079
the Revised Code if the commissioner determines that the applicant	67080
requested such exemption in good faith. The commissioner shall	67081
include notice of the remission in the commissioner's	67082
certification to the county auditor required under that section.	67083

(B) The commissioner, on application by a taxpayercounty	67084
auditor, upon consultation with the county treasurer, shall remit	67085
a penalty for late payment of any real property taxes or	67086
manufactured home taxes when:	67087

(A)(1) The taxpayer could not make timely payment of the tax	67088
because of the negligence or error of the county auditor or county	67089
treasurer in the performance of a statutory duty relating to the	67090
levy or collection of such tax.	67091

(B)(2) In cases other than those described in division	67092
(A)(B)(1) of this section, the taxpayer failed to receive a tax	67093
bill or a correct tax bill, and the taxpayer made a good faith	67094
effort to obtain such bill within thirty days after the last day	67095
for payment of the tax.	67096

(C)(3) The tax was not timely paid because of the death or	67097
serious injury of the taxpayer, or the taxpayer's confinement in a	67098
hospital within sixty days preceding the last day for payment of	67099
the tax if, in any case, the tax was subsequently paid within	67100
sixty days after the last day for payment of such tax.	67101

(D)(4) The taxpayer demonstrates to the satisfaction of the	67102
commissioner that the full payment was properly deposited in the	67103
mail in sufficient time for the envelope to be postmarked by the	67104
United States postal service on or before the last day for payment	67105
of such tax. A private meter postmark on an envelope is not a	67106
valid postmark for purposes of establishing the date of payment of	67107
such tax.	67108

(5) In cases other than those described in division (B)(1) to	67109
(4) of this section, the taxpayer's failure to make timely payment	67110
of the tax is due to reasonable cause and not willful neglect.	67111

(C) The taxpayer, upon application within sixty days after	67112
the mailing of the county auditor's decision, may request the tax	67113
commissioner to review the denial of the remission of a penalty by	67114
the auditor. The application may be filed in person or by	67115
certified mail. If the application is filed by certified mail, the	67116
date of the United States postmark placed on the sender's receipt	67117
by the postal service shall be treated as the date of filing. The	67118
commissioner shall consider the application, determine whether the	67119
penalty should be remitted, and certify the determination to the	67120
taxpayer, to the county treasurer, and to the county auditor, who	67121
shall correct the tax list and duplicate accordingly. The	67122
commissioner may issue orders and instructions for the uniform	67123
implementation of this section by all county auditors and county	67124
treasurers, and such orders and instructions shall be followed by	67125
such officers.	67126

(D) This section shall not provide to the taxpayer any remedy	67127
with respect to any matter that the taxpayer may be authorized to	67128
complain of under section 4503.06, 5715.19, 5717.02, andor	67129
5727.47 of the Revised Code.	67130

(E) Applications for remission, and documents of any kind	67131
related to those applications, filed with the tax commissioner	67132
under this section, are public records within the meaning of	67133
section 149.43 of the Revised Code, unless otherwise excepted	67134
under that section.	67135

Sec. 5717.011.  (A) As used in this chapter, "tax	67136
administrator" has the same meaning as in section 718.01 of the	67137
Revised Code.	67138

(B) Appeals from a municipal board of appeal created under	67139
section 718.11 of the Revised Code may be taken by the taxpayer or	67140
the tax administrator to the board of tax appeals or may be taken	67141
by the taxpayer or the tax administrator to a court of common	67142
pleas as otherwise provided by law. If the taxpayer or the tax	67143
administrator elects to make an appeal to the board of tax appeals	67144
or court of common pleas, the appeal shall be taken by the filing	67145
of a notice of appeal with the board of tax appeals or court of	67146
common pleas, the municipal board of appeal, and the opposing	67147
party. The notice of appeal shall be filed within sixty days after	67148
the day the appellant receives notice of the decision issued under	67149
section 718.11 of the Revised Code. The notice of appeal may be	67150
filed in person or by certified mail, express mail, or authorized	67151
delivery service as provided in section 5703.056 of the Revised	67152
Code. If the notice of appeal is filed by certified mail, express	67153
mail, or authorized delivery service as provided in section	67154
5703.056 of the Revised Code, the date of the United States	67155
postmark placed on the sender's receipt by the postal service or	67156
the date of receipt recorded by the authorized delivery service	67157
shall be treated as the date of filing. The notice of appeal shall	67158
have attached thereto and incorporated therein by reference a true	67159
copy of the decision issued under section 718.11 of the Revised	67160
Code and shall specify the errors therein complained of, but	67161
failure to attach a copy of such notice and incorporate it by	67162
reference in the notice of appeal does not invalidate the appeal.	67163

(C) Upon the filing of a notice of appeal with the board of	67164
tax appeals, the municipal board of appeal shall certify to the	67165
board of tax appeals a transcript of the record of the proceedings	67166
before it, together with all evidence considered by it in	67167
connection therewith. Such appeals may be heard by the board at	67168
its office in Columbus or in the county where the appellant	67169
resides, or it may cause its examiners to conduct such hearings	67170
and to report to it their findings for affirmation or rejection.	67171
The board may order the appeal to be heard upon the record and the	67172
evidence certified to it by the administrator, but upon the	67173
application of any interested party the board shall order the	67174
hearing of additional evidence, and the board may make such	67175
investigation concerning the appeal as it considers proper.	67176

Sec. 5717.03. (A) A decision of the board of tax appeals on	67177
an appeal filed with it pursuant to section 5717.01, 5717.011, or	67178
5717.02 of the Revised Code shall be entered of record on the	67179
journal together with the date when the order is filed with the	67180
secretary for journalization.	67181

(B) In case of an appeal from a decision of a county board of	67182
revision, the board of tax appeals shall determine the taxable	67183
value of the property whose valuation or assessment by the county	67184
board of revision is complained of, or in the event the complaint	67185
and appeal is against a discriminatory valuation, shall determine	67186
a valuation which shall correct such discrimination, and shall	67187
determine the liability of the property for taxation, if that	67188
question is in issue, and itsthe board of tax appeals's decision	67189
and the date when it was filed with the secretary for	67190
journalization shall be certified by itthe board by certified	67191
mail to all persons who were parties to the appeal before itthe	67192
board, to the person in whose name the property is listed, or	67193
sought to be listed, if such person is not a party to the appeal,	67194
to the county auditor of the county in which the property involved	67195
in the appeal is located, and to the tax commissioner.	67196

In correcting a discriminatory valuation, the board of tax	67197
appeals shall increase or decrease the value of the property whose	67198
valuation or assessment by the county board of revision is	67199
complained of by a per cent or amount which will cause such	67200
property to be listed and valued for taxation by an equal and	67201
uniform rule.	67202

(C) In the case of an appeal from a review, redetermination,	67203
or correction of a tax assessment, valuation, determination,	67204
finding, computation, or order of the tax commissioner, the order	67205
of the board of tax appeals and the date of the entry thereof upon	67206
its journal shall be certified by itthe board by certified mail	67207
to all persons who were parties to the appeal before itthe board,	67208
the person in whose name the property is listed or sought to be	67209
listed, if the decision determines the valuation or liability of	67210
property for taxation and if such person is not a party to the	67211
appeal, the taxpayer or other person to whom notice of the tax	67212
assessment, valuation, determination, finding, computation, or	67213
order, or correction or redetermination thereof, by the tax	67214
commissioner was by law required to be given, the director of	67215
budget and management, if the revenues affected by such decision	67216
would accrue primarily to the state treasury, and the county	67217
auditors of the counties to the undivided general tax funds of	67218
which the revenues affected by such decision would primarily	67219
accrue.	67220

(D) In the case of an appeal from a municipal board of appeal	67221
created under section 718.11 of the Revised Code, the order of the	67222
board of tax appeals and the date of the entry thereof upon the	67223
board's journal shall be certified by the board by certified mail	67224
to all persons who were parties to the appeal before the board.	67225

(E) In the case of all other appeals or applications filed	67226
with and determined by the board its, the board's order and the	67227
date when itthe order was filed by the secretary for	67228
journalization shall be certified by itthe board by certified	67229
mail to the person who is a party to such appeal or application,	67230
to such persons as the law requires, and to such other persons as	67231
the board deems proper.	67232

(F) The orders of the board may affirm, reverse, vacate,	67233
modify, or remand the tax assessments, valuations, determinations,	67234
findings, computations, or orders complained of in the appeals	67235
determined by itthe board, and itsthe board's decision shall	67236
become final and conclusive for the current year unless reversed,	67237
vacated, or modified as provided in section 5717.04 of the Revised	67238
Code. When an order of the board becomes final the tax	67239
commissioner and all officers to whom such decision has been	67240
certified shall make the changes in their tax lists or other	67241
records which the decision requires.	67242

(G) If the board finds that issues not raised on the appeal	67243
are important to a determination of a controversy, itthe board	67244
may remand the cause for an administrative determination and the	67245
issuance of a new tax assessment, valuation, determination,	67246
finding, computation, or order, unless the parties stipulate to	67247
the determination of such other issues without remand. An order	67248
remanding the cause is a final order, which. If the order relates	67249
to any issue other than a municipal income tax matter appealed	67250
under sections 718.11 and 5717.011 of the Revised Code, the order	67251
may be appealed to the court of appeals in Franklin county. If the	67252
order relates to a municipal income tax matter appealed under	67253
sections 718.11 and 5717.011 of the Revised Code, the order may be	67254
appealed to the court of appeals for the county in which the	67255
municipal corporation in which the dispute arose is primarily	67256
situated.	67257

Sec. 5719.07.  Subject to the rules prescribed by the tax	67258
commissioner, a county treasurer charged with the collection of	67259
delinquent taxes may issue a certificate of release of the lien	67260
provided for in section 5719.04 of the Revised Code if the amount	67261
secured thereby has been paid or omitted from the delinquent tax	67262
list and duplicate pursuant to section 5719.06 of the Revised	67263
Code. The treasurer shall issue a certificate of partial discharge	67264
of any part of the real property subject to the lien if he finds	67265
after finding that the value of the part of the property remaining	67266
subject to the lien is at least double the amount of the	67267
delinquent taxes and all prior liens upon such real property. Such	67268
certificate shall be filed and recorded with the county recorder	67269
of the county in which the notice of lien has been filed, for	67270
which recording the recorder shall charge a base fee of two	67271
dollars for services and a housing trust fund fee of two dollars	67272
pursuant to section 317.36 of the Revised Code.	67273

Sec. 5727.111.  The taxable property of each public utility,	67274
except a railroad company, and of each interexchange	67275
telecommunications company shall be assessed at the following	67276
percentages of true value:	67277

(A)(1) Except as provided in division (A)(2) of this section,	67278
fifty per cent in the case of a rural electric company;	67279

(2) For tax year 2001 and thereafter, fifty per cent in the	67280
case of the taxable transmission and distribution property of a	67281
rural electric company, and twenty-five per cent for all its other	67282
taxable property;	67283

(B) In the case of a telephone or telegraph company,	67284
twenty-five per cent for taxable property first subject to	67285
taxation in this state for tax year 1995 or thereafter, and	67286
eighty-eight per centthe following for all other taxable	67287
property;:	67288

(1) For tax years prior to 2005, eighty-eight per cent;

67289

(2) For tax year 2005, sixty-seven per cent;

67290

(3) For tax year 2006, forty-six per cent;

67291

(4) For tax year 2007 and thereafter, twenty-five per cent.

67292

(C)(1) Except as provided in division (C)(2) of this section,	67293
eighty-eight per cent in the case of a natural gas company;	67294

(2) For tax year 2001 and thereafter, twenty-fiveTwenty-five	67295
per cent in the case of a natural gas company.	67296

(D) Eighty-eight per cent in the case of a pipe-line,	67297
water-works, or heating company;	67298

(E)(1) Except as provided in division (E)(2) or (3) of this	67299
section, one hundred per cent in the case of the taxable	67300
production equipment of an electric company and eighty-eight per	67301
cent for all its other taxable property;	67302

(2) For tax year 2001 and thereafter, eighty-eight per cent	67303
in the case of the taxable transmission and distribution property	67304
of an electric company, and twenty-five per cent for all its other	67305
taxable property;	67306

(3) Property listed and assessed under divisions (B)(1) and	67307
(2) of section 5711.22 of the Revised Code and leased to an	67308
electric company shall continue to be assessed at one hundred per	67309
cent for production equipment and eighty-eight per cent for all	67310
such other taxable property until January 1, 2002.	67311

(F) Twenty-five per cent in the case of an interexchange	67312
telecommunications company;	67313

(G) Twenty-five per cent in the case of a water	67314
transportation company.	67315

Sec. 5727.30.  (A) Except as provided in divisions (B) and,	67316
(C), and (D) of this section, each public utility, except railroad	67317
companies, shall be subject to an annual excise tax, as provided	67318
by sections 5727.31 to 5727.62 of the Revised Code, for the	67319
privilege of owning property in this state or doing business in	67320
this state during the twelve-month period next succeeding the	67321
period upon which the tax is based. The tax shall be imposed	67322
against each such public utility that, on the first day of such	67323
twelve-month period, owns property in this state or is doing	67324
business in this state, and the lien for the tax, including any	67325
penalties and interest accruing thereon, shall attach on such day	67326
to the property of the public utility in this state.	67327

(B) An electric company's or a rural electric company's gross	67328
receipts received after April 30, 2001, are not subject to the	67329
annual excise tax imposed by this section.	67330

(C) A natural gas company's gross receipts received after	67331
April 30, 2000, are not subject to the annual excise tax imposed	67332
by this section.	67333

(D) A telephone company's gross receipts derived from amounts	67334
billed to customers after June 30, 2004, are not subject to the	67335
annual excise tax imposed by this section. Notwithstanding any	67336
other provision of law, gross receipts derived from amounts billed	67337
by a telephone company to customers prior to July 1, 2004, shall	67338
be included in the telephone company's annual statement filed on	67339
or before August 1, 2004, which shall be the last statement or	67340
report filed under section 5727.31 of the Revised Code by a	67341
telephone company. A telephone company shall not deduct from its	67342
gross receipts included in that last statement any receipts it was	67343
unable to collect from its customers for the period of July 1,	67344
2003, to June 30, 2004.	67345

Sec. 5727.32.  (A) For the purpose of the tax imposed by	67346
section 5727.30 of the Revised Code, the statement required by	67347
section 5727.31 of the Revised Code shall contain:	67348

(1) The name of the company;

67349

(2) The nature of the company, whether a person, association,	67350
or corporation, and under the laws of what state or country	67351
organized;	67352

(3) The location of its principal office;

67353

(4) The name and post-office address of the president,	67354
secretary, auditor, treasurer, and superintendent or general	67355
manager;	67356

(5) The name and post-office address of the chief officer or	67357
managing agent of the company in this state;	67358

(6) The amount of the excise taxes paid or to be paid with	67359
the reports made during the current calendar year as provided by	67360
section 5727.31 of the Revised Code;	67361

(7) In the case of telegraph and telephone companies:

67362

(a) The gross receipts from all sources, whether messages,	67363
telephone tolls, rentals, or otherwise, for business done within	67364
this state, including all sums earned or charged, whether actually	67365
received or not, for the year ending on the thirtieth day of June,	67366
and the company's proportion of gross receipts for business done	67367
by it within this state in connection with other companies, firms,	67368
corporations, persons, or associations, but excluding all of the	67369
following:	67370

(i) All of the receipts derived wholly from interstate	67371
business or business done for or with the federal government;	67372

(ii) The receipts of amounts billed on behalf of other	67373
entities;	67374

(iii) The receipts from sales to other telephone companies	67375
for resale;	67376

(iv) The receipts from sales to providers of	67377
telecommunications service for resale, receipts from incoming or	67378
outgoing wide area transmission service or wide area transmission	67379
type service, including eight hundred or eight-hundred-type	67380
service, and receipts from private communications service.	67381

As used in this division, "receipts from sales to other	67382
telephone companies for resale" and "receipts from sales to	67383
providers of telecommunications service for resale" include but	67384
are not limited to, receipts of carrier access charges. "Carrier	67385
access charges" means compensation paid to the taxpayer telephone	67386
company by another telephone company or by a provider of	67387
telecommunications service for the use of the taxpayer's	67388
facilities to originate or terminate telephone calls or	67389
telecommunications service.	67390

(b) The total gross receipts for such period from business	67391
done within this state.	67392

(8) In the case of all public utilities subject to the tax	67393
imposed by section 5727.30 of the Revised Code, except telegraph	67394
and telephone companies:	67395

(a) The gross receipts of the company, actually received,	67396
from all sources for business done within this state for the year	67397
next preceding the first day of May, including the company's	67398
proportion of gross receipts for business done by it within this	67399
state in connection with other companies, firms, corporations,	67400
persons, or associations, but excluding allboth of the following:	67401

(i) Receipts from interstate business or business done for	67402
the federal government;	67403

(ii) Receipts from sales to another public utility for	67404
resale, provided such other public utility is subject to the tax	67405
levied by section 5727.24 or 5727.30 of the Revised Code;	67406

(iii) Receipts from the transmission or delivery of	67407
electricity to or for a rural electric company, provided that the	67408
electricity that has been so transmitted or delivered is for	67409
resale by the rural electric company. This division does not apply	67410
to tax years 2002 and thereafter.	67411

(iv) Receipts of an electric company, derived from the	67412
provision of electricity and other services to a qualified former	67413
owner of the production facilities that generated the electricity	67414
from which those receipts were derived. This division does not	67415
apply to tax years 2002 and thereafter. As used in this division,	67416
a "qualified former owner" means a person who meets both of the	67417
following conditions:	67418

(I) On or before October 11, 1991, the person had sold to an	67419
electric company part of the production facility at which the	67420
electricity is generated, and, for at least twenty years prior to	67421
that sale, the facility was used to generate electricity, but it	67422
was not owned in whole or in part during that period by an	67423
electric company.	67424

(II) At the time the electric company provided the	67425
electricity or other services for which the exclusion is claimed,	67426
the person, or a successor or assign of the person, owned not less	67427
than twenty per cent of the production facility and the rights to	67428
not less than twenty per cent of the production of that facility;	67429
and the person, or a successor or assign of the person, engaged	67430
primarily in a business other than providing electricity to	67431
others.	67432

(v) Receipts of a combined company derived from operating as	67433
a natural gas company that is subject to the tax imposed by	67434
section 5727.24 of the Revised Code.	67435

(b) The total gross receipts of the company, for the year	67436
next preceding the first day of May, in this state from business	67437
done within the state.	67438

(B) The reports required by section 5727.31 of the Revised	67439
Code shall contain:	67440

(1) The name and principal mailing address of the company;

67441

(2) The total amount of the gross receipts excise taxes	67442
charged or levied as based upon its last preceding annual	67443
statement filed prior to the first day of January of the year in	67444
which such report is filed;	67445

(3) The amount of the excise taxes due with the report as	67446
provided by section 5727.31 of the Revised Code.	67447

Sec. 5727.33.  (A) For the purpose of computing the excise	67448
tax imposed by section 5727.24 or 5727.30 of the Revised Code, the	67449
entire gross receipts actually received from all sources for	67450
business done within this state are taxable gross receipts,	67451
excluding the receipts described in divisions (B), (C), and (D),	67452
and (E) of this section. The gross receipts for the tax year of	67453
each telegraph and telephone company shall be computed for the	67454
period of the first day of July prior to the tax year to the	67455
thirtieth day of June of the tax year. The gross receipts of each	67456
natural gas company, including a combined company's taxable gross	67457
receipts attributed to a natural gas company activity, shall be	67458
computed in the manner required by section 5727.25 of the Revised	67459
Code. The gross receipts for the tax year of any other public	67460
utility subject to section 5727.30 of the Revised Code shall be	67461
computed for the period of the first day of May prior to the tax	67462
year to the thirtieth day of April of the tax year.	67463

(B) In ascertaining and determining the gross receipts of	67464
each public utility subject to this section, the following gross	67465
receipts are excluded:	67466

(1) All receipts derived wholly from interstate business;

67467

(2) All receipts derived wholly from business done for or	67468
with the federal government;	67469

(3) All receipts derived wholly from the transmission or	67470
delivery of electricity to or for a rural electric company,	67471
provided that the electricity that has been so transmitted or	67472
delivered is for resale by the rural electric company. This	67473
division does not apply to tax years 2002 and thereafter.	67474

(4) All receipts from the sale of merchandise;

67475

(5)(4) All receipts from sales to other public utilities,	67476
except railroad,and telegraph, and telephone companies, for	67477
resale, provided the other public utility is subject to the tax	67478
levied by section 5727.24 or 5727.30 of the Revised Code.	67479

(C) In ascertaining and determining the gross receipts of a	67480
telephone company, the following gross receipts are excluded:	67481

(1) Receipts of amounts billed on behalf of other entities;

67482

(2) Receipts from sales to other telephone companies for	67483
resale, as defined in division (A)(7) of section 5727.32 of the	67484
Revised Code;	67485

(3) Receipts from incoming or outgoing wide area transmission	67486
service or wide area transmission type service, including eight	67487
hundred or eight-hundred-type service;	67488

(4) Receipts from private communications service as described	67489
in division (AA)(2) of section 5739.01 of the Revised Code;	67490

(5) Receipts from sales to providers of telecommunications	67491
service for resale, as defined in division (A)(7) of section	67492
5727.32 of the Revised Code.	67493

(D) In ascertaining and determining the gross receipts of an	67494
electric company, receipts derived from the provision of	67495
electricity and other services to a qualified former owner of the	67496
production facilities that generated the electricity from which	67497
those receipts were derived are excluded. This division does not	67498
apply to tax years 2002 and thereafter. As used in this division,	67499
a "qualified former owner" means a person who meets both of the	67500
following conditions:	67501

(1) On or before October 11, 1991, the person had sold to an	67502
electric company part of the production facility at which the	67503
electricity is generated, and, for at least twenty years prior to	67504
that sale, the facility was used to generate electricity, but it	67505
was not owned in whole or part during that period by an electric	67506
company.	67507

(2) At the time the electric company provided the electricity	67508
or other services for which the exclusion is claimed, the person,	67509
or a successor or assign of the person, owned not less than a	67510
twenty per cent ownership of the production facility and the	67511
rights to not less than twenty per cent of the production of that	67512
facility.	67513

(E)(C) In ascertaining and determining the gross receipts of	67514
a natural gas company, receipts billed on behalf of other entities	67515
are excluded. The tax imposed by section 5729.811 of the Revised	67516
Code, along with transportation and billing and collection fees	67517
charged to other entities, shall be included in the gross receipts	67518
of a natural gas company.	67519

(F)(D) In ascertaining and determining the gross receipts of	67520
a combined company subject to the tax imposed by section 5727.30	67521
of the Revised Code, all receipts derived from operating as a	67522
natural gas company that are subject to the tax imposed by section	67523
5727.24 of the Revised Code are excluded.	67524

(G)(E) Except as provided in division (H)(F) of this section,	67525
the amount ascertained by the commissioner under this section,	67526
less a deduction of twenty-five thousand dollars, shall be the	67527
taxable gross receipts of such companies for business done within	67528
this state for that year.	67529

(H)(F) The amount ascertained under this section, less the	67530
following deduction, shall be the taxable gross receipts of a	67531
natural gas company or combined company subject to the tax imposed	67532
by section 5727.24 of the Revised Code for business done within	67533
this state:	67534

(1) For a natural gas company that files quarterly returns of	67535
the tax imposed by section 5727.24 of the Revised Code, six	67536
thousand two hundred fifty dollars for each quarterly return;	67537

(2) For a natural gas company that files an annual return of	67538
the tax imposed by section 5727.24 of the Revised Code,	67539
twenty-five thousand dollars for each annual return;	67540

(3) For a combined company, twenty-five thousand dollars on	67541
the annual statement filed under section 5727.31 of the Revised	67542
Code. A combined company shall not be entitled to a deduction in	67543
computing gross receipts subject to the tax imposed by section	67544
5727.24 of the Revised Code.	67545

Sec. 5727.56.  Any public utility whose articles of	67546
incorporation or license certificate to do or transact business in	67547
this state has expired or has been canceled or revoked by the	67548
secretary of state, as provided by law for failure to make any	67549
report or return or to pay any tax or fee, upon payment to the	67550
secretary of state of any additional fees and penalties required	67551
to be paid to himthe secretary of state, and upon the filing with	67552
the secretary of state of a certificate from the tax commissioner	67553
that it has complied with all the requirements of law as to	67554
franchise or excise tax reports and paid all franchise or excise	67555
taxes, fees, or penalties due thereon for every year of its	67556
delinquency, and upon the payment to the secretary of state of an	67557
additional fee of ten dollars, shall be reinstated and again	67558
entitled to exercise its rights, privileges, and franchises in	67559
this state, and the secretary of state shall cancel the entry of	67560
cancellation or expiration to exercise its rights, privileges, and	67561
franchises. If the reinstatement is not made within one year from	67562
the date of the cancellation of its articles of incorporation or	67563
date of the cancellation or expiration of its license to do	67564
business, and it appears that articles of incorporation or license	67565
certificate have been issued to a corporation of the same or	67566
similar name, the applicant for reinstatement shall be required by	67567
the secretary of state, as a condition prerequisite to such	67568
reinstatement, to amend its articles by changing its name. A	67569
certificate of reinstatement may be filed in the county recorder's	67570
office of any county in the state, for which the recorder shall	67571
charge and collect a base fee of three dollars for services and a	67572
housing trust fund fee of three dollars pursuant to section 317.36	67573
of the Revised Code.	67574

If a domestic public utility applying for reinstatement has	67575
not previously designated an agent upon whom process may be served	67576
as required by section 1701.07 of the Revised Code, such public	67577
utility shall at the time of reinstatement and as a prerequisite	67578
thereto designate an agent in accordance with such section.	67579

Any officer, shareholder, creditor, or receiver of any such	67580
public utility may at any time take all steps required by this	67581
section to effect such reinstatement, and in such case the	67582
designation of an agent upon whom process may be served shall not	67583
be a prerequisite to the reinstatement of the public utility.	67584

Sec. 5727.84.  (A) As used in this section and sections	67585
5727.85, 5727.86, and 5727.87 of the Revised Code:	67586

(1) "School district" means a city, local, or exempted	67587
village school district.	67588

(2) "Joint vocational school district" means a joint	67589
vocational school district created under section 3311.16 of the	67590
Revised Code, and includes a cooperative education school district	67591
created under section 3311.52 or 3311.521 of the Revised Code and	67592
a county school financing district created under section 3311.50	67593
of the Revised Code.	67594

(3) "Local taxing unit" means a subdivision or taxing unit,	67595
as defined in section 5705.01 of the Revised Code, a park district	67596
created under Chapter 1545. of the Revised Code, or a township	67597
park district established under section 511.23 of the Revised	67598
Code, but excludes school districts and joint vocational school	67599
districts.	67600

(4) "State education aid" means the sum of state aid amounts	67601
computed for a school district or joint vocational school district	67602
under Chapter 3317. of the Revised Code.	67603

(5) "State education aid offset" means the amount determined	67604
for each school district or joint vocational school district under	67605
division (A)(1) of section 5727.85 of the Revised Code.	67606

(6) "Recognized valuation" has the same meaning as in section	67607
3317.02 of the Revised Code.	67608

(7) "Electric company tax value loss" means the amount	67609
determined under division (D) of this section.	67610

(8) "Natural gas company tax value loss" means the amount	67611
determined under division (E) of this section.	67612

(9) "Tax value loss" means the sum of the electric company	67613
tax value loss and the natural gas company tax value loss.	67614

(10) "Fixed-rate levy" means any tax levied on property other	67615
than a fixed-sum levy.	67616

(11) "Fixed-rate levy loss" means the amount determined under	67617
division (G) of this section.	67618

(12) "Fixed-sum levy" means a tax levied on property at	67619
whatever rate is required to produce a specified amount of tax	67620
money or levied in excess of the ten-mill limitation to pay debt	67621
charges, and includes school district emergency levies imposed	67622
pursuant to section 5705.194 of the Revised Code.	67623

(13) "Fixed-sum levy loss" means the amount determined under	67624
division (H) of this section.	67625

(14) "Consumer price index" means the consumer price index	67626
(all items, all urban consumers) prepared by the bureau of labor	67627
statistics of the United States department of labor.	67628

(B) The kilowatt-hour tax receipts fund is hereby created in	67629
the state treasury and shall consist of money arising from the tax	67630
imposed by section 5727.81 of the Revised Code. All money in the	67631
kilowatt-hour tax receipts fund shall be credited as follows:	67632

(1) Fifty-nine and nine hundred seventy-six one-thousandths	67633
per cent, shall be credited to the general revenue fund.	67634

(2) Two and six hundred forty-six one-thousandths per cent	67635
shall be credited to the local government fund, for distribution	67636
in accordance with section 5747.50 of the Revised Code.	67637

(3) Three hundred seventy-eight one-thousandths per cent	67638
shall be credited to the local government revenue assistance fund,	67639
for distribution in accordance with section 5747.61 of the Revised	67640
Code.	67641

(4) Twenty-five and four-tenths per cent shall be credited to	67642
the school district property tax replacement fund, which is hereby	67643
created in the state treasury for the purpose of making the	67644
payments described in section 5727.85 of the Revised Code.	67645

(5) Eleven and six-tenths per cent shall be credited to the	67646
local government property tax replacement fund, which is hereby	67647
created in the state treasury for the purpose of making the	67648
payments described in section 5727.86 of the Revised Code.	67649

(6) In fiscal years 2002, 2003, 2004, 2005, and 2006, if the	67650
revenue arising from the tax levied by section 5727.81 of the	67651
Revised Code is less than five hundred fifty-two million dollars,	67652
the amount credited to the general revenue fund under division	67653
(B)(1) of this section shall be reduced by the amount necessary to	67654
credit to each of the funds in divisions (B)(2) and (3) of this	67655
section the amount it would have received if the tax did raise	67656
five hundred fifty-two million dollars for that fiscal year. The	67657
tax commissioner shall certify to the director of budget and	67658
management the amounts that shall be credited under this division.	67659

(7) Beginning in fiscal year 2007, if the revenue arising	67660
from the tax levied by section 5727.81 of the Revised Code is less	67661
than five hundred fifty-two million dollars, the amount credited	67662
to the general revenue fund under division (B)(1) of this section	67663
shall be reduced by the amount necessary to credit to each of the	67664
funds in divisions (B)(2), (3), (4), and (5) of this section the	67665
amount that it would have received if the tax did raise five	67666
hundred fifty-two million dollars for that fiscal year. The tax	67667
commissioner shall certify to the director of budget and	67668
management the amounts to be credited under division (B)(7) of	67669
this section.	67670

(C) The natural gas tax receipts fund is hereby created in	67671
the state treasury and shall consist of money arising from the tax	67672
imposed by section 5727.811 of the Revised Code. All money in the	67673
fund shall be credited as follows:	67674

(1) Sixty-eight and seven-tenths per cent shall be credited	67675
to the school district property tax replacement fund for the	67676
purpose of making the payments described in section 5727.85 of the	67677
Revised Code.	67678

(2) Thirty-one and three-tenths per cent shall be credited to	67679
the local government property tax replacement fund for the purpose	67680
of making the payments described in section 5727.86 of the Revised	67681
Code.	67682

(3) Beginning in fiscal year 2007, if the revenue arising	67683
from the tax levied by section 5727.811 of the Revised Code is	67684
less than ninety million dollars, an amount equal to the	67685
difference between the amount collected and ninety million dollars	67686
shall be transferred from the general revenue fund to each of the	67687
funds in divisions (C)(1) and (2) of this section in the same	67688
percentages as if that amount had been collected as taxes under	67689
section 5727.811 of the Revised Code. The tax commissioner shall	67690
certify to the director of budget and management the amounts that	67691
shall be transferred under this division.	67692

(D) Not later than January 1, 2002, the tax commissioner	67693
shall determine for each taxing district its electric company tax	67694
value loss, which is the sum of the applicable amounts described	67695
in divisions (D)(1) and (2)to (3) of this section:	67696

(1) The difference obtained by subtracting the amount	67697
described in division (D)(1)(b) from the amount described in	67698
division (D)(1)(a) of this section.	67699

(a) The value of electric company and rural electric company	67700
tangible personal property as assessed by the tax commissioner for	67701
tax year 1998 on a preliminary assessment, or an amended	67702
preliminary assessment if issued prior to March 1, 1999, and as	67703
apportioned to the taxing district for tax year 1998;	67704

(b) The value of electric company and rural electric company	67705
tangible personal property as assessed by the tax commissioner for	67706
tax year 1998 had the property been apportioned to the taxing	67707
district for tax year 2001, and assessed at the rates in effect	67708
for tax year 2001.	67709

(2) The difference obtained by subtracting the amount	67710
described in division (D)(2)(b) from the amount described in	67711
division (D)(2)(a) of this section.	67712

(a) The three-year average for tax years 1996, 1997, and 1998	67713
of the assessed value from nuclear fuel materials and assemblies	67714
assessed against a person under Chapter 5711. of the Revised Code	67715
from the leasing of them to an electric company for those	67716
respective tax years, as reflected in the preliminary assessments;	67717

(b) The three-year average assessed value from nuclear fuel	67718
materials and assemblies assessed under division (D)(2)(a) of this	67719
section for tax years 1996, 1997, and 1998, as reflected in the	67720
preliminary assessments, using an assessment rate of twenty-five	67721
per cent.	67722

(3) In the case of a taxing district having a nuclear power	67723
plant within its territory, any amount, resulting in an electric	67724
company tax value loss, obtained by subtracting the amount	67725
described in division (D)(1) of this section from the difference	67726
obtained by subtracting the amount described in division (D)(3)(b)	67727
of this section from the amount described in division (D)(3)(a) of	67728
this section.	67729

(a) The value of electric company tangible personal property	67730
as assessed by the tax commissioner for tax year 2000 on a	67731
preliminary assessment, or an amended preliminary assessment if	67732
issued prior to March 1, 2001, and as apportioned to the taxing	67733
district for tax year 2000;	67734

(b) The value of electric company tangible personal property	67735
as assessed by the tax commissioner for tax year 2001 on a	67736
preliminary assessment, or an amended preliminary assessment if	67737
issued prior to March 1, 2002, and as apportioned to the taxing	67738
district for tax year 2001.	67739

(E) Not later than January 1, 2002, the tax commissioner	67740
shall determine for each taxing district its natural gas company	67741
tax value loss, which is the sum of the amounts described in	67742
divisions (E)(1) and (2) of this section:	67743

(1) The difference obtained by subtracting the amount	67744
described in division (E)(1)(b) from the amount described in	67745
division (E)(1)(a) of this section.	67746

(a) The value of all natural gas company tangible personal	67747
property, other than property described in division (E)(2) of this	67748
section, as assessed by the tax commissioner for tax year 1999 on	67749
a preliminary assessment, or an amended preliminary assessment if	67750
issued prior to March 1, 2000, and apportioned to the taxing	67751
district for tax year 1999;	67752

(b) The value of all natural gas company tangible personal	67753
property, other than property described in division (E)(2) of this	67754
section, as assessed by the tax commissioner for tax year 1999 had	67755
the property been apportioned to the taxing district for tax year	67756
2001, and assessed at the rates in effect for tax year 2001.	67757

(2) The difference in the value of current gas obtained by	67758
subtracting the amount described in division (E)(2)(b) from the	67759
amount described in division (E)(2)(a) of this section.	67760

(a) The three-year average assessed value of current gas as	67761
assessed by the tax commissioner for tax years 1997, 1998, and	67762
1999 on a preliminary assessment, or an amended preliminary	67763
assessment if issued prior to March 1, 2001, and as apportioned in	67764
the taxing district for those respective years;	67765

(b) The three-year average assessed value from current gas	67766
under division (E)(2)(a) of this section for tax years 1997, 1998,	67767
and 1999, as reflected in the preliminary assessment, using an	67768
assessment rate of twenty-five per cent.	67769

(F) The tax commissioner may request that natural gas	67770
companies, electric companies, and rural electric companies file a	67771
report to help determine the tax value loss under divisions (D)	67772
and (E) of this section. The report shall be filed within thirty	67773
days of the commissioner's request. A company that fails to file	67774
the report or does not timely file the report is subject to the	67775
penalty in section 5727.60 of the Revised Code.	67776

(G) Not later than January 1, 2002, the tax commissioner	67777
shall determine for each school district, joint vocational school	67778
district, and local taxing unit its fixed-rate levy loss, which is	67779
the sum of its electric company tax value loss multiplied by the	67780
tax rate in effect in tax year 1998 for fixed-rate levies and its	67781
natural gas company tax value loss multiplied by the tax rate in	67782
effect in tax year 1999 for fixed-rate levies.	67783

(H) Not later than January 1, 2002, the tax commissioner	67784
shall determine for each school district, joint vocational school	67785
district, and local taxing unit its fixed-sum levy loss, which is	67786
the amount obtained by subtracting the amount described in	67787
division (H)(2) of this section from the amount described in	67788
division (H)(1) of this section:	67789

(1) The sum of the electric company tax value loss multiplied	67790
by the tax rate in effect in tax year 1998, and the natural gas	67791
company tax value loss multiplied by the tax rate in effect in tax	67792
year 1999, for fixed-sum levies for all taxing districts within	67793
each school district, joint vocational school district, and local	67794
taxing unit. For the years 2002 through 2006, this computation	67795
shall include school district emergency levies that existed in	67796
1998 in the case of the electric company tax value loss, and 1999	67797
in the case of the natural gas company tax value loss, and all	67798
other fixed-sum levies that existed in 1998 in the case of the	67799
electric company tax value loss and 1999 in the case of the	67800
natural gas company tax value loss and continue to be charged in	67801
the tax year preceding the distribution year. For the years 2007	67802
through 2016 in the case of school district emergency levies, and	67803
for all years after 2006 in the case of all other fixed-sum	67804
levies, this computation shall exclude all fixed-sum levies that	67805
existed in 1998 in the case of the electric company tax value loss	67806
and 1999 in the case of the natural gas company tax value loss,	67807
but are no longer in effect in the tax year preceding the	67808
distribution year. For the purposes of this section, an emergency	67809
levy that existed in 1998 in the case of the electric company tax	67810
value loss, and 1999 in the case of the natural gas company tax	67811
value loss, continues to exist in a year beginning on or after	67812
January 1, 2007, but before January 1, 2017, if, in that year, the	67813
board of education levies a school district emergency levy for an	67814
annual sum at least equal to the annual sum levied by the board in	67815
tax year 1998 or 1999, respectively, less the amount of the	67816
payment certified under this division for 2002.	67817

(2) The total taxable value in tax year 1999 less the tax	67818
value loss in each school district, joint vocational school	67819
district, and local taxing unit multiplied by one-fourth of one	67820
mill.	67821

If the amount computed under division (H) of this section for	67822
any school district, joint vocational school district, or local	67823
taxing unit is greater than zero, that amount shall equal the	67824
fixed-sum levy loss reimbursed pursuant to division (E) of section	67825
5727.85 of the Revised Code or division (A)(2) of section 5727.86	67826
of the Revised Code, and the one-fourth of one mill that is	67827
subtracted under division (H)(2) of this section shall be	67828
apportioned among all contributing fixed-sum levies in the	67829
proportion of each levy to the sum of all fixed-sum levies within	67830
each school district, joint vocational school district, or local	67831
taxing unit.	67832

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	67833
section, in computing the tax value loss, fixed-rate levy loss,	67834
and fixed-sum levy loss, the tax commissioner shall use the	67835
greater of the 1998 tax rate or the 1999 tax rate in the case of	67836
levy losses associated with the electric company tax value loss,	67837
but the 1999 tax rate shall not include for this purpose any tax	67838
levy approved by the voters after June 30, 1999, and the tax	67839
commissioner shall use the greater of the 1999 or the 2000 tax	67840
rate in the case of levy losses associated with the natural gas	67841
company tax value loss.	67842

(J) Not later than January 1, 2002, the tax commissioner	67843
shall certify to the department of education the tax value loss	67844
determined under divisions (D) and (E) of this section for each	67845
taxing district, the fixed-rate levy loss calculated under	67846
division (G) of this section, and the fixed-sum levy loss	67847
calculated under division (H) of this section. The calculations	67848
under divisions (G) and (H) of this section shall separately	67849
display the levy loss for each levy eligible for reimbursement.	67850

(K) Not later than September 1, 2001, the tax commissioner	67851
shall certify the amount of the fixed-sum levy loss to the county	67852
auditor of each county in which a school district with a fixed-sum	67853
levy loss has territory.	67854

Sec. 5728.04. (A) It is unlawful for any person to operate a	67855
commercial car with three or more axles when operated alone or as	67856
part of a commercial tandem, a commercial car with two axles that	67857
is to be operated as part of a commercial tandem with a gross	67858
vehicle weight or a registered gross vehicle weight exceeding	67859
twenty-six thousand pounds, or a commercial tractor when operated	67860
alone or as part of a commercial tractor combination or commercial	67861
tandem on a public highway withoutunder either of the following	67862
circumstances:	67863

(1) Without a valid fuel use permit for such commercial car	67864
or commercial tractor.	67865

(2) With a suspended or surrendered fuel use permit for such	67866
commercial car or commercial tractor.	67867

(B) The judge or magistrate of any court finding any person	67868
guilty of unlawfully operating a commercial car or commercial	67869
tractor as provided for in this section shall immediately notify	67870
the tax commissioner of such violation and shall transmit to the	67871
tax commissioner the name and the permanent address of the owner	67872
of the commercial car or commercial tractor operated in violation	67873
of this section, the registration number, the state of	67874
registration, and the certificate of title number of the	67875
commercial car or commercial tractor. The commercial car or	67876
commercial tractor involved in a violation of division (A)(1) or	67877
(2) of this section may be detained until a valid fuel use permit	67878
is obtained or reinstated.	67879

Sec. 5728.06.  (A) For the following purposes, an excise tax	67880
is hereby imposed on the use of motor fuel to operate on the	67881
public highways of this state a commercial car with three or more	67882
axles operated alone or as part of a commercial tandem, a	67883
commercial car with two axles operated as part of a commercial	67884
tandem having a gross vehicle weight or registered gross vehicle	67885
weight exceeding twenty-six thousand pounds, or a commercial	67886
tractor operated alone or as part of a commercial tractor	67887
combination or commercial tandem: to provide revenue for	67888
maintaining the state highway system, to widen existing surfaces	67889
on such highways, to resurface such highways, to enable the	67890
counties of the state properly to plan for, maintain, and repair	67891
their roads, to enable the municipal corporations to plan,	67892
construct, reconstruct, repave, widen, maintain, repair, clear,	67893
and clean public highways, roads, and streets; to pay that portion	67894
of the construction cost of a highway project that a county,	67895
township, or municipal corporation normally would be required to	67896
pay, but that the director of transportation, pursuant to division	67897
(B) of section 5531.08 of the Revised Code, determines instead	67898
will be paid from moneys in the highway operating fund; to	67899
maintain and repair bridges and viaducts; to purchase, erect, and	67900
maintain street and traffic signs and markers; to purchase, erect,	67901
and maintain traffic lights and signals; to pay the costs	67902
apportioned to the public under section 4907.47 of the Revised	67903
Code; and to supplement revenue already available for such	67904
purposes, to distribute equitably among those persons using the	67905
privilege of driving motor vehicles upon such highways and streets	67906
the cost of maintaining and repairing the same, and to pay the	67907
interest, principal, and charges on bonds and other obligations	67908
issued pursuant to Section 2i of Article VIII, Ohio Constitution,	67909
and sections 5528.30 and 5528.31 of the Revised Code. The tax is	67910
imposed in the same amount as the motor fuel tax imposed under	67911
Chapter 5735. of the Revised Code plus an additional tax of three	67912
cents per gallon of motor fuel used before July 1, 2004, and an	67913
provided that the additional tax ofshall be reduced to two cents	67914
per gallon of motor fuel used beforefrom July 1, 2004 through	67915
June 30, 2005, as determined by the gallons consumed while	67916
operated on the public highways of this state. Subject to section	67917
5735.292 of the Revised Code, on and after July 1, 2005, the tax	67918
shall be imposed in the same amount as the motor fuel tax imposed	67919
under Chapter 5735. of the Revised Code. Payment of the fuel use	67920
tax shall be made by the purchase of motor fuel within Ohio of	67921
such gallons as is equivalent to the gallons consumed while	67922
operating such a motor vehicle on the public highways of this	67923
state, or by direct remittance to the treasurer of state with the	67924
fuel use tax return filed pursuant to section 5728.08 of the	67925
Revised Code.	67926

Any person subject to the tax imposed under this section who	67927
purchases motor fuel in this state for use in another state in	67928
excess of the amount consumed while operating such motor vehicle	67929
on the public highways of this state shall be allowed a credit	67930
against the tax imposed by this section or a refund equal to the	67931
motor fuel tax paid to this state on such excess. No such credit	67932
or refund shall be allowed for taxes paid to any state that	67933
imposes a tax on motor fuel purchased or obtained in this state	67934
and used on the highways of such other state but does not allow a	67935
similar credit or refund for the tax paid to this state on motor	67936
fuel purchased or acquired in the other state and used on the	67937
public highways of this state.	67938

The tax commissioner is authorized to determine whether such	67939
credits or refunds are available and to prescribe such rules as	67940
are required for the purpose of administering this chapter.	67941

(B) Within sixty days after the last day of each month, the	67942
tax commissioner shall determine the amount of motor fuel tax	67943
allowed as a credit against the tax imposed by this section. The	67944
commissioner shall certify the amount to the director of budget	67945
and management and the treasurer of state, who shall credit the	67946
amount in accordance with section 5728.08 of the Revised Code from	67947
current revenue arising from the tax levied by section 5735.05 of	67948
the Revised Code.	67949

(C) The owner of each commercial car and commercial tractor	67950
subject to sections 5728.01 to 5728.14 of the Revised Code is	67951
liable for the payment of the full amount of the taxes imposed by	67952
this section.	67953

An owner who is a person regularly engaged, for compensation,	67954
in the business of leasing or renting motor vehicles without	67955
furnishing drivers may designate that the lessee of a motor	67956
vehicle leased for a period of thirty days or more shall report	67957
and pay the tax incurred during the duration of the lease. An	67958
owner who is an independent contractor that furnishes both the	67959
driver and motor vehicle, may designate that the person so	67960
furnished with the driver and motor vehicle for a period of thirty	67961
days or more shall report and pay the tax incurred during that	67962
period. An independent contractor that is not an owner, but that	67963
furnishes both the driver and motor vehicle and that has been	67964
designated by the owner of the motor vehicle to report and pay the	67965
tax, may designate that the person so furnished with driver and	67966
motor vehicle for a period of thirty days or more shall report and	67967
pay the tax incurred during that period.	67968

Sec. 5728.99.  (A)(1) Except as provided in division (A)(2)	67969
of this section, whoever violates any provision of sections	67970
5728.01 to 5728.14 of the Revised Code, or any rule promulgated by	67971
the tax commissioner under the authority of any provision of those	67972
sections, for the violation of which no penalty is provided	67973
elsewhere, shall be fined not less than twenty-five nor more than	67974
one hundred dollars.	67975

(2) Division (A)(1) of this section does not apply to the	67976
filing of any false or fraudulent return, application, or permit	67977
under section 5728.02, 5728.03, or 5728.08 of the Revised Code.	67978
The filing of any false or fraudulent return, application, or	67979
permit under any of those sections is a violation of section	67980
2921.13 of the Revised Code.	67981

(B)(1) Whoever violates division (A)(1) of section 5728.04 of	67982
the Revised Code is guilty of a misdemeanor of the fourth degree.	67983

(2) Whoever violates division (A)(2) of section 5728.04 of	67984
the Revised Code is guilty of a felony of the fifth degree.	67985

Sec. 5733.04.  As used in this chapter:

67986

(A) "Issued and outstanding shares of stock" applies to	67987
nonprofit corporations, as provided in section 5733.01 of the	67988
Revised Code, and includes, but is not limited to, membership	67989
certificates and other instruments evidencing ownership of an	67990
interest in such nonprofit corporations, and with respect to a	67991
financial institution that does not have capital stock, "issued	67992
and outstanding shares of stock" includes, but is not limited to,	67993
ownership interests of depositors in the capital employed in such	67994
an institution.	67995

(B) "Taxpayer" means a corporation subject to the tax imposed	67996
by section 5733.06 of the Revised Code.	67997

(C) "Resident" means a corporation organized under the laws	67998
of this state.	67999

(D) "Commercial domicile" means the principal place from	68000
which the trade or business of the taxpayer is directed or	68001
managed.	68002

(E) "Taxable year" means the period prescribed by division	68003
(A) of section 5733.031 of the Revised Code upon the net income of	68004
which the value of the taxpayer's issued and outstanding shares of	68005
stock is determined under division (B) of section 5733.05 of the	68006
Revised Code or the period prescribed by division (A) of section	68007
5733.031 of the Revised Code that immediately precedes the date as	68008
of which the total value of the corporation is determined under	68009
division (A) or (C) of section 5733.05 of the Revised Code.	68010

(F) "Tax year" means the calendar year in and for which the	68011
tax imposed by section 5733.06 of the Revised Code is required to	68012
be paid.	68013

(G) "Internal Revenue Code" means the "Internal Revenue Code	68014
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	68015

(H) "Federal income tax" means the income tax imposed by the	68016
Internal Revenue Code.	68017

(I) Except as provided in section 5733.058 of the Revised	68018
Code, "net income" means the taxpayer's taxable income before	68019
operating loss deduction and special deductions, as required to be	68020
reported for the taxpayer's taxable year under the Internal	68021
Revenue Code, subject to the following adjustments:	68022

(1)(a) Deduct any net operating loss incurred in any taxable	68023
years ending in 1971 or thereafter, but exclusive of any net	68024
operating loss incurred in taxable years ending prior to January	68025
1, 1971. This deduction shall not be allowed in any tax year	68026
commencing before December 31, 1973, but shall be carried over and	68027
allowed in tax years commencing after December 31, 1973, until	68028
fully utilized in the next succeeding taxable year or years in	68029
which the taxpayer has net income, but in no case for more than	68030
the designated carryover period as described in division (I)(1)(b)	68031
of this section. The amount of such net operating loss, as	68032
determined under the allocation and apportionment provisions of	68033
section 5733.051 and division (B) of section 5733.05 of the	68034
Revised Code for the year in which the net operating loss occurs,	68035
shall be deducted from net income, as determined under the	68036
allocation and apportionment provisions of section 5733.051 and	68037
division (B) of section 5733.05 of the Revised Code, to the extent	68038
necessary to reduce net income to zero with the remaining unused	68039
portion of the deduction, if any, carried forward to the remaining	68040
years of the designated carryover period as described in division	68041
(I)(1)(b) of this section, or until fully utilized, whichever	68042
occurs first.	68043

(b) For losses incurred in taxable years ending on or before	68044
December 31, 1981, the designated carryover period shall be the	68045
five consecutive taxable years after the taxable year in which the	68046
net operating loss occurred. For losses incurred in taxable years	68047
ending on or after January 1, 1982, and beginning before August 6,	68048
1997, the designated carryover period shall be the fifteen	68049
consecutive taxable years after the taxable year in which the net	68050
operating loss occurs. For losses incurred in taxable years	68051
beginning on or after August 6, 1997, the designated carryover	68052
period shall be the twenty consecutive taxable years after the	68053
taxable year in which the net operating loss occurs.	68054

(c) The tax commissioner may require a taxpayer to furnish	68055
any information necessary to support a claim for deduction under	68056
division (I)(1)(a) of this section and no deduction shall be	68057
allowed unless the information is furnished.	68058

(2) Deduct any amount included in net income by application	68059
of section 78 or 951 of the Internal Revenue Code, amounts	68060
received for royalties, technical or other services derived from	68061
sources outside the United States, and dividends received from a	68062
subsidiary, associate, or affiliated corporation that neither	68063
transacts any substantial portion of its business nor regularly	68064
maintains any substantial portion of its assets within the United	68065
States. For purposes of determining net foreign source income	68066
deductible under division (I)(2) of this section, the amount of	68067
gross income from all such sources other than dividend income and	68068
income derived by application of section 78 or 951 of the Internal	68069
Revenue Code shall be reduced by:	68070

(a) The amount of any reimbursed expenses for personal	68071
services performed by employees of the taxpayer for the	68072
subsidiary, associate, or affiliated corporation;	68073

(b) Ten per cent of the amount of royalty income and	68074
technical assistance fees;	68075

(c) Fifteen per cent of the amount of all other income.

68076

The amounts described in divisions (I)(2)(a) to (c) of this	68077
section are deemed to be the expenses attributable to the	68078
production of deductible foreign source income unless the taxpayer	68079
shows, by clear and convincing evidence, less actual expenses, or	68080
the tax commissioner shows, by clear and convincing evidence, more	68081
actual expenses.	68082

(3) Add any loss or deduct any gain resulting from the sale,	68083
exchange, or other disposition of a capital asset, or an asset	68084
described in section 1231 of the Internal Revenue Code, to the	68085
extent that such loss or gain occurred prior to the first taxable	68086
year on which the tax provided for in section 5733.06 of the	68087
Revised Code is computed on the corporation's net income. For	68088
purposes of division (I)(3) of this section, the amount of the	68089
prior loss or gain shall be measured by the difference between the	68090
original cost or other basis of the asset and the fair market	68091
value as of the beginning of the first taxable year on which the	68092
tax provided for in section 5733.06 of the Revised Code is	68093
computed on the corporation's net income. At the option of the	68094
taxpayer, the amount of the prior loss or gain may be a percentage	68095
of the gain or loss, which percentage shall be determined by	68096
multiplying the gain or loss by a fraction, the numerator of which	68097
is the number of months from the acquisition of the asset to the	68098
beginning of the first taxable year on which the fee provided in	68099
section 5733.06 of the Revised Code is computed on the	68100
corporation's net income, and the denominator of which is the	68101
number of months from the acquisition of the asset to the sale,	68102
exchange, or other disposition of the asset. The adjustments	68103
described in this division do not apply to any gain or loss where	68104
the gain or loss is recognized by a qualifying taxpayer, as	68105
defined in section 5733.0510 of the Revised Code, with respect to	68106
a qualifying taxable event, as defined in that section.	68107

(4) Deduct the dividend received deduction provided by	68108
section 243 of the Internal Revenue Code.	68109

(5) Deduct any interest or interest equivalent on public	68110
obligations and purchase obligations to the extent included in	68111
federal taxable income. As used in divisions (I)(5) and (6) of	68112
this section, "public obligations," "purchase obligations," and	68113
"interest or interest equivalent" have the same meanings as in	68114
section 5709.76 of the Revised Code.	68115

(6) Add any loss or deduct any gain resulting from the sale,	68116
exchange, or other disposition of public obligations to the extent	68117
included in federal taxable income.	68118

(7) To the extent not otherwise allowed, deduct any dividends	68119
or distributions received by a taxpayer from a public utility,	68120
excluding an electric company and a combined company, and, for tax	68121
years 2005 and thereafter, a telephone company, if the taxpayer	68122
owns at least eighty per cent of the issued and outstanding common	68123
stock of the public utility. As used in division (I)(7) of this	68124
section, "public utility" means a public utility as defined in	68125
Chapter 5727. of the Revised Code, whether or not the public	68126
utility is doing business in the state.	68127

(8) To the extent not otherwise allowed, deduct any dividends	68128
received by a taxpayer from an insurance company, if the taxpayer	68129
owns at least eighty per cent of the issued and outstanding common	68130
stock of the insurance company. As used in division (I)(8) of this	68131
section, "insurance company" means an insurance company that is	68132
taxable under Chapter 5725. or 5729. of the Revised Code.	68133

(9) Deduct expenditures for modifying existing buildings or	68134
structures to meet American national standards institute standard	68135
A-117.1-1961 (R-1971), as amended; provided, that no deduction	68136
shall be allowed to the extent that such deduction is not	68137
permitted under federal law or under rules of the tax	68138
commissioner. Those deductions as are allowed may be taken over a	68139
period of five years. The tax commissioner shall adopt rules under	68140
Chapter 119. of the Revised Code establishing reasonable	68141
limitations on the extent that expenditures for modifying existing	68142
buildings or structures are attributable to the purpose of making	68143
the buildings or structures accessible to and usable by physically	68144
handicapped persons.	68145

(10) Deduct the amount of wages and salaries, if any, not	68146
otherwise allowable as a deduction but that would have been	68147
allowable as a deduction in computing federal taxable income	68148
before operating loss deduction and special deductions for the	68149
taxable year, had the targeted jobs credit allowed and determined	68150
under sections 38, 51, and 52 of the Internal Revenue Code not	68151
been in effect.	68152

(11) Deduct net interest income on obligations of the United	68153
States and its territories and possessions or of any authority,	68154
commission, or instrumentality of the United States to the extent	68155
the laws of the United States prohibit inclusion of the net	68156
interest for purposes of determining the value of the taxpayer's	68157
issued and outstanding shares of stock under division (B) of	68158
section 5733.05 of the Revised Code. As used in division (I)(11)	68159
of this section, "net interest" means interest net of any expenses	68160
taken on the federal income tax return that would not have been	68161
allowed under section 265 of the Internal Revenue Code if the	68162
interest were exempt from federal income tax.	68163

(12)(a) Except as set forth in division (I)(12)(d) of this	68164
section, to the extent not included in computing the taxpayer's	68165
federal taxable income before operating loss deduction and special	68166
deductions, add gains and deduct losses from direct or indirect	68167
sales, exchanges, or other dispositions, made by a related entity	68168
who is not a taxpayer, of the taxpayer's indirect, beneficial, or	68169
constructive investment in the stock or debt of another entity,	68170
unless the gain or loss has been included in computing the federal	68171
taxable income before operating loss deduction and special	68172
deductions of another taxpayer with a more closely related	68173
investment in the stock or debt of the other entity. The amount of	68174
gain added or loss deducted shall not exceed the product obtained	68175
by multiplying such gain or loss by the taxpayer's proportionate	68176
share, directly, indirectly, beneficially, or constructively, of	68177
the outstanding stock of the related entity immediately prior to	68178
the direct or indirect sale, exchange, or other disposition.	68179

(b) Except as set forth in division (I)(12)(e) of this	68180
section, to the extent not included in computing the taxpayer's	68181
federal taxable income before operating loss deduction and special	68182
deductions, add gains and deduct losses from direct or indirect	68183
sales, exchanges, or other dispositions made by a related entity	68184
who is not a taxpayer, of intangible property other than stock,	68185
securities, and debt, if such property was owned, or used in whole	68186
or in part, at any time prior to or at the time of the sale,	68187
exchange, or disposition by either the taxpayer or by a related	68188
entity that was a taxpayer at any time during the related entity's	68189
ownership or use of such property, unless the gain or loss has	68190
been included in computing the federal taxable income before	68191
operating loss deduction and special deductions of another	68192
taxpayer with a more closely related ownership or use of such	68193
intangible property. The amount of gain added or loss deducted	68194
shall not exceed the product obtained by multiplying such gain or	68195
loss by the taxpayer's proportionate share, directly, indirectly,	68196
beneficially, or constructively, of the outstanding stock of the	68197
related entity immediately prior to the direct or indirect sale,	68198
exchange, or other disposition.	68199

(c) As used in division (I)(12) of this section, "related	68200
entity" means those entities described in divisions (I)(12)(c)(i)	68201
to (iii) of this section:	68202

(i) An individual stockholder, or a member of the	68203
stockholder's family enumerated in section 318 of the Internal	68204
Revenue Code, if the stockholder and the members of the	68205
stockholder's family own, directly, indirectly, beneficially, or	68206
constructively, in the aggregate, at least fifty per cent of the	68207
value of the taxpayer's outstanding stock;	68208

(ii) A stockholder, or a stockholder's partnership, estate,	68209
trust, or corporation, if the stockholder and the stockholder's	68210
partnerships, estates, trusts, and corporations own directly,	68211
indirectly, beneficially, or constructively, in the aggregate, at	68212
least fifty per cent of the value of the taxpayer's outstanding	68213
stock;	68214

(iii) A corporation, or a party related to the corporation in	68215
a manner that would require an attribution of stock from the	68216
corporation to the party or from the party to the corporation	68217
under division (I)(12)(c)(iv) of this section, if the taxpayer	68218
owns, directly, indirectly, beneficially, or constructively, at	68219
least fifty per cent of the value of the corporation's outstanding	68220
stock.	68221

(iv) The attribution rules of section 318 of the Internal	68222
Revenue Code apply for purposes of determining whether the	68223
ownership requirements in divisions (I)(12)(c)(i) to (iii) of this	68224
section have been met.	68225

(d) For purposes of the adjustments required by division	68226
(I)(12)(a) of this section, the term "investment in the stock or	68227
debt of another entity" means only those investments where the	68228
taxpayer and the taxpayer's related entities directly, indirectly,	68229
beneficially, or constructively own, in the aggregate, at any time	68230
during the twenty-four month period commencing one year prior to	68231
the direct or indirect sale, exchange, or other disposition of	68232
such investment at least fifty per cent or more of the value of	68233
either the outstanding stock or such debt of such other entity.	68234

(e) For purposes of the adjustments required by division	68235
(I)(12)(b) of this section, the term "related entity" excludes all	68236
of the following:	68237

(i) Foreign corporations as defined in section 7701 of the	68238
Internal Revenue Code;	68239

(ii) Foreign partnerships as defined in section 7701 of the	68240
Internal Revenue Code;	68241

(iii) Corporations, partnerships, estates, and trusts created	68242
or organized in or under the laws of the Commonwealth of Puerto	68243
Rico or any possession of the United States;	68244

(iv) Foreign estates and foreign trusts as defined in section	68245
7701 of the Internal Revenue Code.	68246

The exclusions described in divisions (I)(12)(e)(i) to (iv)	68247
of this section do not apply if the corporation, partnership,	68248
estate, or trust is described in any one of divisions (C)(1) to	68249
(5) of section 5733.042 of the Revised Code.	68250

(f) Nothing in division (I)(12) of this section shall require	68251
or permit a taxpayer to add any gains or deduct any losses	68252
described in divisions (I)(12)(f)(i) and (ii) of this section:	68253

(i) Gains or losses recognized for federal income tax	68254
purposes by an individual, estate, or trust without regard to the	68255
attribution rules described in division (I)(12)(c) of this	68256
section;	68257

(ii) A related entity's gains or losses described in division	68258
(I)(12)(b) of this section if the taxpayer's ownership of or use	68259
of such intangible property was limited to a period not exceeding	68260
nine months and was attributable to a transaction or a series of	68261
transactions executed in accordance with the election or elections	68262
made by the taxpayer or a related entity pursuant to section 338	68263
of the Internal Revenue Code.	68264

(13) Any adjustment required by section 5733.042 of the	68265
Revised Code.	68266

(14) Add any amount claimed as a credit under section	68267
5733.0611 of the Revised Code to the extent that such amount	68268
satisfies either of the following:	68269

(a) It was deducted or excluded from the computation of the	68270
corporation's taxable income before operating loss deduction and	68271
special deductions as required to be reported for the	68272
corporation's taxable year under the Internal Revenue Code;	68273

(b) It resulted in a reduction of the corporation's taxable	68274
income before operating loss deduction and special deductions as	68275
required to be reported for any of the corporation's taxable years	68276
under the Internal Revenue Code.	68277

(15) Deduct the amount contributed by the taxpayer to an	68278
individual development account program established by a county	68279
department of job and family services pursuant to sections 329.11	68280
to 329.14 of the Revised Code for the purpose of matching funds	68281
deposited by program participants. On request of the tax	68282
commissioner, the taxpayer shall provide any information that, in	68283
the tax commissioner's opinion, is necessary to establish the	68284
amount deducted under division (I)(15) of this section.	68285

(16) Any adjustment required by section 5733.0510 or	68286
5733.0511 of the Revised Code.	68287

(17)(a) Add five-sixths of the amount of depreciation expense	68288
allowed under subsection (k) of section 168 of the Internal	68289
Revenue Code, including a person's proportionate or distributive	68290
share of the amount of depreciation expense allowed by that	68291
subsection to any pass-through entity in which the person has	68292
direct or indirect ownership. The tax commissioner, under	68293
procedures established by the commissioner, may waive the add-back	68294
related to a pass-through entity if the person owns, directly or	68295
indirectly, less than five per cent of the pass-through entity.	68296

(b) Nothing in division (I)(17) of this section shall be	68297
construed to adjust or modify the adjusted basis of any asset.	68298

(c) To the extent the add-back is attributable to property	68299
generating income or loss allocable under section 5733.051 of the	68300
Revised Code, the add-back shall be allocated to the same location	68301
as the income or loss generated by that property. Otherwise, the	68302
add-back shall be apportioned, subject to division (B)(2)(d) of	68303
section 5733.05 of the Revised Code.	68304

(18)(a) If a person is required to make the add-back under	68305
division (I)(17)(a) of this section for a tax year, the person	68306
shall deduct one-fifth of the amount added back for each of the	68307
succeeding five tax years.	68308

(b) If the amount deducted under division (I)(18)(a) of this	68309
section is attributable to an add-back allocated under division	68310
(I)(17)(c) of this section, the amount deducted shall be allocated	68311
to the same location. Otherwise, the amount shall be apportioned	68312
using the apportionment factors for the taxable year in which the	68313
deduction is taken, subject to division (B)(2)(d) of section	68314
5733.05 of the Revised Code.	68315

(J) Any term used in this chapter has the same meaning as	68316
when used in comparable context in the laws of the United States	68317
relating to federal income taxes unless a different meaning is	68318
clearly required. Any reference in this chapter to the Internal	68319
Revenue Code includes other laws of the United States relating to	68320
federal income taxes.	68321

(K) "Financial institution" has the meaning given by section	68322
5725.01 of the Revised Code but does not include a production	68323
credit association as described in 85 Stat. 597, 12 U.S.C.A. 2091.	68324

(L)(1) A "qualifying holding company" is any corporation	68325
satisfying all of the following requirements:	68326

(a) Subject to divisions (L)(2) and (3) of this section, the	68327
net book value of the corporation's intangible assets is greater	68328
than or equal to ninety per cent of the net book value of all of	68329
its assets and at least fifty per cent of the net book value of	68330
all of its assets represents direct or indirect investments in the	68331
equity of, loans and advances to, and accounts receivable due from	68332
related members;	68333

(b) At least ninety per cent of the corporation's gross	68334
income for the taxable year is attributable to the following:	68335

(i) The maintenance, management, ownership, acquisition, use,	68336
and disposition of its intangible property, its aircraft the use	68337
of which is not subject to regulation under 14 C.F.R. part 121 or	68338
part 135, and any real property described in division (L)(2)(c) of	68339
this section;	68340

(ii) The collection and distribution of income from such	68341
property.	68342

(c) The corporation is not a financial institution on the	68343
last day of the taxable year ending prior to the first day of the	68344
tax year;	68345

(d) The corporation's related members make a good faith and	68346
reasonable effort to make timely and fully the adjustments	68347
required by division (C)(2) of section 5733.05 of the Revised Code	68348
and to pay timely and fully all uncontested taxes, interest,	68349
penalties, and other fees and charges imposed under this chapter;	68350

(e) Subject to division (L)(4) of this section, the	68351
corporation elects to be treated as a qualifying holding company	68352
for the tax year.	68353

A corporation otherwise satisfying divisions (L)(1)(a) to (e)	68354
of this section that does not elect to be a qualifying holding	68355
company is not a qualifying holding company for the purposes of	68356
this chapter.	68357

(2)(a)(i) For purposes of making the ninety per cent	68358
computation under division (L)(1)(a) of this section, the net book	68359
value of the corporation's assets shall not include the net book	68360
value of aircraft or real property described in division	68361
(L)(1)(b)(i) of this section.	68362

(ii) For purposes of making the fifty per cent computation	68363
under division (L)(1)(a) of this section, the net book value of	68364
assets shall include the net book value of aircraft or real	68365
property described in division (L)(1)(b)(i) of this section.	68366

(b)(i) As used in division (L) of this section, "intangible	68367
asset" includes, but is not limited to, the corporation's direct	68368
interest in each pass-through entity only if at all times during	68369
the corporation's taxable year ending prior to the first day of	68370
the tax year the corporation's and the corporation's related	68371
members' combined direct and indirect interests in the capital or	68372
profits of such pass-through entity do not exceed fifty per cent.	68373
If the corporation's interest in the pass-through entity is an	68374
intangible asset for that taxable year, then the distributive	68375
share of any income from the pass-through entity shall be income	68376
from an intangible asset for that taxable year.	68377

(ii) If a corporation's and the corporation's related	68378
members' combined direct and indirect interests in the capital or	68379
profits of a pass-through entity exceed fifty per cent at any time	68380
during the corporation's taxable year ending prior to the first	68381
day of the tax year, "intangible asset" does not include the	68382
corporation's direct interest in the pass-through entity, and the	68383
corporation shall include in its assets its proportionate share of	68384
the assets of any such pass-through entity and shall include in	68385
its gross income its distributive share of the gross income of	68386
such pass-through entity in the same form as was earned by the	68387
pass-through entity.	68388

(iii) A pass-through entity's direct or indirect	68389
proportionate share of any other pass-through entity's assets	68390
shall be included for the purpose of computing the corporation's	68391
proportionate share of the pass-through entity's assets under	68392
division (L)(2)(b)(ii) of this section, and such pass-through	68393
entity's distributive share of any other pass-through entity's	68394
gross income shall be included for purposes of computing the	68395
corporation's distributive share of the pass-through entity's	68396
gross income under division (L)(2)(b)(ii) of this section.	68397

(c) For the purposes of divisions (L)(1)(b)(i), (1)(b)(ii),	68398
(2)(a)(i), and (2)(a)(ii) of this section, real property is	68399
described in division (L)(2)(c) of this section only if all of the	68400
following conditions are present at all times during the taxable	68401
year ending prior to the first day of the tax year:	68402

(i) The real property serves as the headquarters of the	68403
corporation's trade or business, or is the place from which the	68404
corporation's trade or business is principally managed or	68405
directed;	68406

(ii) Not more than ten per cent of the value of the real	68407
property and not more than ten per cent of the square footage of	68408
the building or buildings that are part of the real property is	68409
used, made available, or occupied for the purpose of providing,	68410
acquiring, transferring, selling, or disposing of tangible	68411
property or services in the normal course of business to persons	68412
other than related members, the corporation's employees and their	68413
families, and such related members' employees and their families.	68414

(d) As used in division (L) of this section, "related member"	68415
has the same meaning as in division (A)(6) of section 5733.042 of	68416
the Revised Code without regard to division (B) of that section.	68417

(3) The percentages described in division (L)(1)(a) of this	68418
section shall be equal to the quarterly average of those	68419
percentages as calculated during the corporation's taxable year	68420
ending prior to the first day of the tax year.	68421

(4) With respect to the election described in division	68422
(L)(1)(e) of this section:	68423

(a) The election need not accompany a timely filed report;

68424

(b) The election need not accompany the report; rather, the	68425
election may accompany a subsequently filed but timely application	68426
for refund and timely amended report, or a subsequently filed but	68427
timely petition for reassessment;	68428

(c) The election is not irrevocable;

68429

(d) The election applies only to the tax year specified by	68430
the corporation;	68431

(e) The corporation's related members comply with division	68432
(L)(1)(d) of this section.	68433

Nothing in division (L)(4) of this section shall be construed	68434
to extend any statute of limitations set forth in this chapter.	68435

(M) "Qualifying controlled group" means two or more	68436
corporations that satisfy the ownership and control requirements	68437
of division (A) of section 5733.052 of the Revised Code.	68438

(N) "Limited liability company" means any limited liability	68439
company formed under Chapter 1705. of the Revised Code or under	68440
the laws of any other state.	68441

(O) "Pass-through entity" means a corporation that has made	68442
an election under subchapter S of Chapter 1 of Subtitle A of the	68443
Internal Revenue Code for its taxable year under that code, or a	68444
partnership, limited liability company, or any other person, other	68445
than an individual, trust, or estate, if the partnership, limited	68446
liability company, or other person is not classified for federal	68447
income tax purposes as an association taxed as a corporation.	68448

(P) "Electric company," and "combined company," and	68449
"telephone company" have the same meanings as in section 5727.01	68450
of the Revised Code.	68451

Sec. 5733.05.  As used in this section, "qualified research"	68452
means laboratory research, experimental research, and other	68453
similar types of research; research in developing or improving a	68454
product; or research in developing or improving the means of	68455
producing a product. It does not include market research, consumer	68456
surveys, efficiency surveys, management studies, ordinary testing	68457
or inspection of materials or products for quality control,	68458
historical research, or literary research. "Product" as used in	68459
this paragraph does not include services or intangible property.	68460

The annual report determines the value of the issued and	68461
outstanding shares of stock of the taxpayer, which under division	68462
(A) or divisions (B) and (C) of this section is the base or	68463
measure of the franchise tax liability. Such determination shall	68464
be made as of the date shown by the report to have been the	68465
beginning of the corporation's annual accounting period that	68466
includes the first day of January of the tax year. For the	68467
purposes of this chapter, the value of the issued and outstanding	68468
shares of stock of any corporation that is a financial institution	68469
shall be deemed to be the value as calculated in accordance with	68470
division (A) of this section. For the purposes of this chapter,	68471
the value of the issued and outstanding shares of stock of any	68472
corporation that is not a financial institution shall be deemed to	68473
be the values as calculated in accordance with divisions (B) and	68474
(C) of this section. Except as otherwise required by this section	68475
or section 5733.056 of the Revised Code, the value of a taxpayer's	68476
issued and outstanding shares of stock under division (A) or (C)	68477
of this section does not include any amount that is treated as a	68478
liability under generally accepted accounting principles.	68479

(A) The total value, as shown by the books of the financial	68480
institution, of its capital, surplus, whether earned or unearned,	68481
undivided profits, and reserves shall be determined as prescribed	68482
by section 5733.056 of the Revised Code for tax years 1998 and	68483
thereafter.	68484

(B) The sum of the corporation's net income during the	68485
corporation's taxable year, allocated or apportioned to this state	68486
as prescribed in divisions (B)(1) and (2) of this section, and	68487
subject to sections 5733.052, 5733.053, 5733.057, 5733.058,	68488
5733.059, and 5733.0510 of the Revised Code:	68489

(1) The net income allocated to this state as provided by	68490
section 5733.051 of the Revised Code.	68491

(2) The amount of Ohio apportioned net income from sources	68492
other than those allocated under section 5733.051 of the Revised	68493
Code, which shall be determined by multiplying the corporation's	68494
net income by a fraction. The numerator of the fraction is the sum	68495
of the following products: the property factor multiplied by	68496
twenty, the payroll factor multiplied by twenty, and the sales	68497
factor multiplied by sixty. The denominator of the fraction is one	68498
hundred, provided that the denominator shall be reduced by twenty	68499
if the property factor has a denominator of zero, by twenty if the	68500
payroll factor has a denominator of zero, and by sixty if the	68501
sales factor has a denominator of zero.	68502

The property, payroll, and sales factors shall be determined	68503
as follows:	68504

(a) The property factor is a fraction the numerator of which	68505
is the average value of the corporation's real and tangible	68506
personal property owned or rented, and used in the trade or	68507
business in this state during the taxable year, and the	68508
denominator of which is the average value of all the corporation's	68509
real and tangible personal property owned or rented, and used in	68510
the trade or business everywhere during such year. There shall be	68511
excluded from the numerator and denominator of the property factor	68512
the original cost of all of the following property within Ohio:	68513
property with respect to which a "pollution control facility"	68514
certificate has been issued pursuant to section 5709.21 of the	68515
Revised Code; property with respect to which an "industrial water	68516
pollution control certificate" has been issued pursuant to that	68517
section or former section 6111.31 of the Revised Code; and	68518
property used exclusively during the taxable year for qualified	68519
research.	68520

(i) Property owned by the corporation is valued at its	68521
original cost. Property rented by the corporation is valued at	68522
eight times the net annual rental rate. "Net annual rental rate"	68523
means the annual rental rate paid by the corporation less any	68524
annual rental rate received by the corporation from subrentals.	68525

(ii) The average value of property shall be determined by	68526
averaging the values at the beginning and the end of the taxable	68527
year, but the tax commissioner may require the averaging of	68528
monthly values during the taxable year, if reasonably required to	68529
reflect properly the average value of the corporation's property.	68530

(b) The payroll factor is a fraction the numerator of which	68531
is the total amount paid in this state during the taxable year by	68532
the corporation for compensation, and the denominator of which is	68533
the total compensation paid everywhere by the corporation during	68534
such year. There shall be excluded from the numerator and the	68535
denominator of the payroll factor the total compensation paid in	68536
this state to employees who are primarily engaged in qualified	68537
research.	68538

(i) Compensation means any form of remuneration paid to an	68539
employee for personal services.	68540

(ii) Compensation is paid in this state if: (1) the	68541
recipient's service is performed entirely within this state, (2)	68542
the recipient's service is performed both within and without this	68543
state, but the service performed without this state is incidental	68544
to the recipient's service within this state, (3) some of the	68545
service is performed within this state and either the base of	68546
operations, or if there is no base of operations, the place from	68547
which the service is directed or controlled is within this state,	68548
or the base of operations or the place from which the service is	68549
directed or controlled is not in any state in which some part of	68550
the service is performed, but the recipient's residence is in this	68551
state.	68552

(iii) Compensation is paid in this state to any employee of a	68553
common or contract motor carrier corporation, who performs the	68554
employee's regularly assigned duties on a motor vehicle in more	68555
than one state, in the same ratio by which the mileage traveled by	68556
such employee within the state bears to the total mileage traveled	68557
by such employee everywhere during the taxable year.	68558

(c) Except as provided in section 5733.059 of the Revised	68559
Code, the sales factor is a fraction the numerator of which is the	68560
total sales in this state by the corporation during the taxable	68561
year, and the denominator of which is the total sales by the	68562
corporation everywhere during such year. In determining the	68563
numerator and denominator of the sales factor, receipts from the	68564
sale or other disposal of a capital asset or an asset described in	68565
section 1231 of the Internal Revenue Code shall be eliminated.	68566
Also, in determining the numerator and denominator of the sales	68567
factor, in the case of a reporting corporation owning at least	68568
eighty per cent of the issued and outstanding common stock of one	68569
or more insurance companies or public utilities, except an	68570
electric company and a combined company, and, for tax years 2005	68571
and thereafter, a telephone company, or owning at least	68572
twenty-five per cent of the issued and outstanding common stock of	68573
one or more financial institutions, receipts received by the	68574
reporting corporation from such utilities, insurance companies,	68575
and financial institutions shall be eliminated.	68576

For the purpose of this section and section 5733.03 of the	68577
Revised Code, sales of tangible personal property are in this	68578
state where such property is received in this state by the	68579
purchaser. In the case of delivery of tangible personal property	68580
by common carrier or by other means of transportation, the place	68581
at which such property is ultimately received after all	68582
transportation has been completed shall be considered as the place	68583
at which such property is received by the purchaser. Direct	68584
delivery in this state, other than for purposes of transportation,	68585
to a person or firm designated by a purchaser constitutes delivery	68586
to the purchaser in this state, and direct delivery outside this	68587
state to a person or firm designated by a purchaser does not	68588
constitute delivery to the purchaser in this state, regardless of	68589
where title passes or other conditions of sale.	68590

Except as provided in section 5733.059 of the Revised Code,	68591
sales, other than sales of tangible personal property, are in this	68592
state if either:	68593

(i) The income-producing activity is performed solely in this	68594
state;	68595

(ii) The income-producing activity is performed both within	68596
and without this state and a greater proportion of the	68597
income-producing activity is performed within this state than in	68598
any other state, based on costs of performance.	68599

(d) If the allocation and apportionment provisions of	68600
division (B) of this section do not fairly represent the extent of	68601
the taxpayer's business activity in this state, the taxpayer may	68602
request, which request must be in writing and must accompany the	68603
report, timely filed petition for reassessment, or timely filed	68604
amended report, or the tax commissioner may require, in respect to	68605
all or any part of the taxpayer's allocated or apportioned base,	68606
if reasonable, any one or more of the following:	68607

(i) Separate accounting;

68608

(ii) The exclusion of any one or more of the factors;

68609

(iii) The inclusion of one or more additional factors that	68610
will fairly represent the taxpayer's allocated or apportioned base	68611
in this state.	68612

An alternative method will be effective only with approval by	68613
the tax commissioner.	68614

Nothing in this section shall be construed to extend any	68615
statute of limitations set forth in this chapter.	68616

(e) The tax commissioner may adopt rules providing for	68617
alternative allocation and apportionment methods, and alternative	68618
calculations of a corporation's base, that apply to corporations	68619
engaged in telecommunications.	68620

(C)(1) Subject to divisions (C)(2) and (3) of this section,	68621
the total value, as shown on the books of each corporation that is	68622
not a qualified holding company, of the net book value of a	68623
corporation's assets less the net carrying value of its	68624
liabilities, and excluding from the corporation's assets land	68625
devoted exclusively to agricultural use as of the first Monday of	68626
June in the corporation's taxable year as determined by the county	68627
auditor of the county in which the land is located pursuant to	68628
section 5713.31 of the Revised Code. For the purposes of	68629
determining that total value, any reserves shown on the	68630
corporation's books shall be considered liabilities or contra	68631
assets, except for any reserves that are deemed appropriations of	68632
retained earnings under generally accepted accounting principles.	68633

(2)(a) If, on the last day of the taxpayer's taxable year	68634
preceding the tax year, the taxpayer is a related member to a	68635
corporation that elects to be a qualifying holding company for the	68636
tax year beginning after the last day of the taxpayer's taxable	68637
year, or if, on the last day of the taxpayer's taxable year	68638
preceding the tax year, a corporation that elects to be a	68639
qualifying holding company for the tax year beginning after the	68640
last day of the taxpayer's taxable year is a related member to the	68641
taxpayer, then the taxpayer's total value shall be adjusted by the	68642
qualifying amount. Except as otherwise provided under division	68643
(C)(2)(b) of this section, "qualifying amount" means the amount	68644
that, when added to the taxpayer's total value, and when	68645
subtracted from the net carrying value of the taxpayer's	68646
liabilities computed without regard to division (C)(2) of this	68647
section, or when subtracted from the taxpayer's total value and	68648
when added to the net carrying value of the taxpayer's liabilities	68649
computed without regard to division (C)(2) of this section,	68650
results in the taxpayer's debt-to-equity ratio equaling the	68651
debt-to-equity ratio of the qualifying controlled group on the	68652
last day of the taxable year ending prior to the first day of the	68653
tax year computed on a consolidated basis in accordance with	68654
general accepted accounting principles. For the purposes of	68655
division (C)(2)(a) of this section, the corporation's total value,	68656
after the adjustment required by that division, shall not exceed	68657
the net book value of the corporation's assets.	68658

(b)(i) The amount added to the taxpayer's total value and	68659
subtracted from the net carrying value of the taxpayer's	68660
liabilities shall not exceed the amount of the net carrying value	68661
of the taxpayer's liabilities owed to the taxpayer's related	68662
members.	68663

(ii) A liability owed to the taxpayer's related members	68664
includes, but is not limited to, any amount that the corporation	68665
owes to a person that is not a related member if the corporation's	68666
related member or related members in whole or in part guarantee	68667
any portion or all of that amount, or pledge, hypothecate,	68668
mortgage, or carry out any similar transactions to secure any	68669
portion or all of that amount.	68670

(3) The base upon which the tax is levied under division (C)	68671
of section 5733.06 of the Revised Code shall be computed by	68672
multiplying the amount determined under divisions (C)(1) and (2)	68673
of this section by the fraction determined under divisions	68674
(B)(2)(a) to (c) of this section and, if applicable, divisions	68675
(B)(2)(d)(ii) to (iv) of this section but without regard to	68676
section 5733.052 of the Revised Code.	68677

(4) For purposes of division (C) of this section, "related	68678
member" has the same meaning as in division (A)(6) of section	68679
5733.042 of the Revised Code without regard to division (B) of	68680
that section.	68681

Sec. 5733.051.  Subject to section 5733.0510 of the Revised	68682
Code, net income of a corporation subject to the tax imposed by	68683
section 5733.06 of the Revised Code shall be allocated and	68684
apportioned to this state as follows:	68685

(A) Net rents and royalties from real property located in	68686
this state are allocable to this state.	68687

(B) Net rents and royalties from tangible personal property,	68688
to the extent such property is utilized in this state, are	68689
allocable to this state if the taxpayer is otherwise subject to	68690
the tax imposed by section 5733.06 of the Revised Code.	68691

(C) Capital gains and losses from the sale or other	68692
disposition of real property located in this state are allocable	68693
to this state.	68694

(D) Capital gains and losses from the sale or other	68695
disposition of tangible personal property are allocable to this	68696
state if the property had a situs in this state at the time of	68697
sale and the taxpayer is otherwise subject to the tax imposed by	68698
section 5733.06 of the Revised Code.	68699

(E) Capital gains and losses from the sale or other	68700
disposition of intangible property which may produce income	68701
enumerated in division (F) of this section are allocable on the	68702
same basis as set forth in that division. Capital gains and losses	68703
from the sale or other disposition of all other intangible	68704
property are apportionable under division (I) of this section.	68705

(F) Dividends or distributions which are not otherwise	68706
deducted or excluded from net income, other than dividends or	68707
distributions from a domestic international sales corporation, are	68708
allocable to this state in accordance with the ratio of the book	68709
value of the physical assets of the payor of the dividends or	68710
distributions located in this state divided by the book value of	68711
the total physical assets of the payor located everywhere.	68712
Dividends or distributions received from a domestic international	68713
sales corporation, or from a payor the location of whose physical	68714
assets is unavailable to the taxpayer, are apportionable under	68715
division (I) of this section.	68716

(G) Patent and copyright royalties and technical assistance	68717
fees, not representing the principal source of gross receipts of	68718
the taxpayer, are allocable to this state to the extent that the	68719
activity of the payor thereof giving rise to the payment takes	68720
place in this state. If the location of the payor's activity is	68721
unavailable to the taxpayer, such royalties and fees are	68722
apportionable under division (I) of this section.	68723

(H) The following amounts described in division (B)(5) of	68724
section 5747.20 of the Revised Code are allocable to this state:	68725

(1)(a) All lottery prize awards paid by the state lottery	68726
commission pursuant to Chapter 3770. of the Revised Code.	68727

(b) All earnings, profit, income, and gain from the sale,	68728
exchange, or other disposition of lottery prize awards paid or to	68729
be paid to any person by the state lottery commission pursuant to	68730
Chapter 3770. of the Revised Code.	68731

(c) All earnings, profit, income, and gain from the direct or	68732
indirect ownership of lottery prize awards paid or to be paid to	68733
any person by the state lottery commission pursuant to Chapter	68734
3770. of the Revised Code.	68735

(d) All earnings, profit, income, and gain from the direct or	68736
indirect interest in any right in or to any lottery prize awards	68737
paid or to be paid to any person by the state lottery commission	68738
pursuant to Chapter 3770. of the Revised Code.	68739

(2) Lottery prize awards and related earnings, profit,	68740
income, or gain with regard to lotteries sponsored by persons or	68741
agencies outside this state are allocable outside this state.	68742

(I) Any other net income, from sources other than those	68743
enumerated in divisions (A) to (H) of this section, is	68744
apportionable to this state on the basis of the mechanism provided	68745
in division (B)(2) of section 5733.05 of the Revised Code.	68746

Sec. 5733.056.  (A) As used in this section:

68747

(1) "Billing address" means the address where any notice,	68748
statement, or bill relating to a customer's account is mailed, as	68749
indicated in the books and records of the taxpayer on the first	68750
day of the taxable year or on such later date in the taxable year	68751
when the customer relationship began.	68752

(2) "Borrower or credit card holder located in this state"	68753
means:	68754

(a) A borrower, other than a credit card holder, that is	68755
engaged in a trade or business and maintains its commercial	68756
domicile in this state; or	68757

(b) A borrower that is not engaged in a trade or business, or	68758
a credit card holder, whose billing address is in this state.	68759

(3) "Branch" means a "domestic branch" as defined in section	68760
3 of the "Federal Deposit Insurance Act," 64 Stat. 873, 12 U.S.C.	68761
1813(o), as amended.	68762

(4) "Compensation" means wages, salaries, commissions, and	68763
any other form of remuneration paid to employees for personal	68764
services that are included in such employee's gross income under	68765
the Internal Revenue Code. In the case of employees not subject to	68766
the Internal Revenue Code, such as those employed in foreign	68767
countries, the determination of whether such payments would	68768
constitute gross income to such employees under the Internal	68769
Revenue Code shall be made as though such employees were subject	68770
to the Internal Revenue Code.	68771

(5) "Credit card" means a credit, travel, or entertainment	68772
card.	68773

(6) "Credit card issuer's reimbursement fee" means the fee a	68774
taxpayer receives from a merchant's bank because one of the	68775
persons to whom the taxpayer has issued a credit card has charged	68776
merchandise or services to the credit card.	68777

(7) "Deposits" has the meaning given in section 3 of the	68778
"Federal Deposit Insurance Act," 64 Stat. 873, 12 U.S.C. 1813(1),	68779
as amended.	68780

(8) "Employee" means, with respect to a particular taxpayer,	68781
any individual who under the usual common law rules applicable in	68782
determining the employer-employee relationship, has the status of	68783
an employee of that taxpayer.	68784

(9) "Gross rents" means the actual sum of money or other	68785
consideration payable for the use or possession of property.	68786
"Gross rents" includes:	68787

(a) Any amount payable for the use or possession of real	68788
property or tangible personal property whether designated as a	68789
fixed sum of money or as a percentage of receipts, profits, or	68790
otherwise;	68791

(b) Any amount payable as additional rent or in lieu of rent,	68792
such as interest, taxes, insurance, repairs, or any other amount	68793
required to be paid by the terms of a lease or other arrangement;	68794
and	68795

(c) A proportionate part of the cost of any improvement to	68796
real property made by or on behalf of the taxpayer which reverts	68797
to the owner or lessor upon termination of a lease or other	68798
arrangement. The amount to be included in gross rents is the	68799
amount of amortization or depreciation allowed in computing the	68800
taxable income base for the taxable year. However, where a	68801
building is erected on leased land, by or on behalf of the	68802
taxpayer, the value of the land is determined by multiplying the	68803
gross rent by eight, and the value of the building is determined	68804
in the same manner as if owned by the taxpayer.	68805

(d) The following are not included in the term "gross rents":

68806

(i) Reasonable amounts payable as separate charges for water	68807
and electric service furnished by the lessor;	68808

(ii) Reasonable amounts payable as service charges for	68809
janitorial services furnished by the lessor;	68810

(iii) Reasonable amounts payable for storage, provided such	68811
amounts are payable for space not designated and not under the	68812
control of the taxpayer; and	68813

(iv) That portion of any rental payment which is applicable	68814
to the space subleased from the taxpayer and not used by it.	68815

(10) "Loan" means any extension of credit resulting from	68816
direct negotiations between the taxpayer and its customer, or the	68817
purchase, in whole or in part, of such extension of credit from	68818
another. Loans include debt obligations of subsidiaries,	68819
participations, syndications, and leases treated as loans for	68820
federal income tax purposes. "Loan" does not include: properties	68821
treated as loans under section 595 of the Internal Revenue Code;	68822
futures or forward contracts; options; notional principal	68823
contracts such as swaps; credit card receivables, including	68824
purchased credit card relationships; non-interest bearing balances	68825
due from depositor institutions; cash items in the process of	68826
collection; federal funds sold; securities purchased under	68827
agreements to resell; assets held in a trading account;	68828
securities; interests in a real estate mortgage investment conduit	68829
or other mortgage-backed or asset-backed security; and other	68830
similar items.	68831

(11) "Loan secured by real property" means that fifty per	68832
cent or more of the aggregate value of the collateral used to	68833
secure a loan or other obligation, when valued at fair market	68834
value as of the time the original loan or obligation was incurred,	68835
was real property.	68836

(12) "Merchant discount" means the fee, or negotiated	68837
discount, charged to a merchant by the taxpayer for the privilege	68838
of participating in a program whereby a credit card is accepted in	68839
payment for merchandise or services sold to the card holder.	68840

(13) "Participation" means an extension of credit in which an	68841
undivided ownership interest is held on a pro rata basis in a	68842
single loan or pool of loans and related collateral. In a loan	68843
participation, the credit originator initially makes the loan and	68844
then subsequently resells all or a portion of it to other lenders.	68845
The participation may or may not be known to the borrower.	68846

(14) "Principal base of operations" with respect to	68847
transportation property means the place of more or less permanent	68848
nature from which the property is regularly directed or	68849
controlled. With respect to an employee, the "principal base of	68850
operations" means the place of more or less permanent nature from	68851
which the employee regularly (a) starts work and to which the	68852
employee customarily returns in order to receive instructions from	68853
the employer or (b) communicates with the employee's customers or	68854
other persons or (c) performs any other functions necessary to the	68855
exercise of the trade or profession at some other point or points.	68856

(15) "Qualified institution" means a financial institution	68857
that on or after June 1, 1997:	68858

(a)(i) Has consummated one or more approved transactions with	68859
insured banks with different home states that would qualify under	68860
section 102 of the "Riegle-Neal Interstate Banking and Branching	68861
Efficiency Act of 1994," Public Law 103-328, 108 Stat. 2338;	68862

(ii) Is a federal savings association or federal savings bank	68863
that has consummated one or more interstate acquisitions that	68864
result in a financial institution that has branches in more than	68865
one state; or	68866

(iii) Has consummated one or more approved interstate	68867
acquisitions under authority of Title XI of the Revised Code that	68868
result in a financial institution that has branches in more than	68869
one state; and	68870

(b) Has at least nine per cent of its deposits in this state	68871
as of the last day of June prior to the beginning of the tax year.	68872

(16) "Real property owned" and "tangible personal property	68873
owned" mean real and tangible personal property, respectively, on	68874
which the taxpayer may claim depreciation for federal income tax	68875
purposes, or to which the taxpayer holds legal title and on which	68876
no other person may claim depreciation for federal income tax	68877
purposes, or could claim depreciation if subject to federal income	68878
tax. Real and tangible personal property do not include coin,	68879
currency, or property acquired in lieu of or pursuant to a	68880
foreclosure.	68881

(17) "Regular place of business" means an office at which the	68882
taxpayer carries on its business in a regular and systematic	68883
manner and which is continuously maintained, occupied, and used by	68884
employees of the taxpayer.	68885

(18) "State" means a state of the United States, the District	68886
of Columbia, the commonwealth of Puerto Rico, or any territory or	68887
possession of the United States.	68888

(19) "Syndication" means an extension of credit in which two	68889
or more persons fund and each person is at risk only up to a	68890
specified percentage of the total extension of credit or up to a	68891
specified dollar amount.	68892

(20) "Transportation property" means vehicles and vessels	68893
capable of moving under their own power, such as aircraft, trains,	68894
water vessels and motor vehicles, as well as any equipment or	68895
containers attached to such property, such as rolling stock,	68896
barges, trailers, or the like.	68897

(B) The annual financial institution report determines the	68898
value of the issued and outstanding shares of stock of the	68899
taxpayer, and is the base or measure of the franchise tax	68900
liability. Such determination shall be made as of the date shown	68901
by the report to have been the beginning of the financial	68902
institution's annual accounting period that includes the first day	68903
of January of the tax year. For purposes of this section, division	68904
(A) of section 5733.05, and division (D) of section 5733.06 of the	68905
Revised Code, the value of the issued and outstanding shares of	68906
stock of the financial institution shall include the total value,	68907
as shown by the books of the financial institution, of its	68908
capital, surplus, whether earned or unearned, undivided profits,	68909
and reserves, but exclusive of:	68910

(1) Reserves for accounts receivable, depreciation,	68911
depletion, and any other valuation reserves with respect to	68912
specific assets;	68913

(2) Taxes due and payable during the year for which such	68914
report was made;	68915

(3) Voting stock and participation certificates in	68916
corporations chartered pursuant to the "Farm Credit Act of 1971,"	68917
85 Stat. 597, 12 U.S.C. 2091, as amended;	68918

(4) Good will, appreciation, and abandoned property as set up	68919
in the annual report of the financial institution, provided a	68920
certified balance sheet of the company is made available upon the	68921
request of the tax commissioner. Such balance sheet shall not be a	68922
part of the public records, but shall be a confidential report for	68923
use of the tax commissioner only.	68924

(5) A portion of the value of the issued and outstanding	68925
shares of stock of such financial institution equal to the amount	68926
obtained by multiplying such value by the quotient obtained by:	68927

(a) Dividing (1) the amount of the financial institution's	68928
assets, as shown on its books, represented by investments in the	68929
capital stock and indebtedness of public utilities, except	68930
electric companies and combined companies, and, for tax years 2005	68931
and thereafter, telephone companies, of which at least eighty per	68932
cent of the utility's issued and outstanding common stock is owned	68933
by the financial institution by (2) the total assets of such	68934
financial institution as shown on its books;	68935

(b) Dividing (1) the amount of the financial institution's	68936
assets, as shown on its books, represented by investments in the	68937
capital stock and indebtedness of insurance companies of which at	68938
least eighty per cent of the insurance company's issued and	68939
outstanding common stock is owned by the financial institution by	68940
(2) the total assets of such financial institution as shown on its	68941
books;	68942

(c) Dividing (1) the amount of the financial institution's	68943
assets, as shown on its books, represented by investments in the	68944
capital stock and indebtedness of other financial institutions of	68945
which at least twenty-five per cent of the other financial	68946
institution's issued and outstanding common stock is owned by the	68947
financial institution by (2) the total assets of the financial	68948
institution as shown on its books. Division (B)(5)(c) of this	68949
section applies only with respect to such other financial	68950
institutions that for the tax year immediately following the	68951
taxpayer's taxable year will pay the tax imposed by division (D)	68952
of section 5733.06 of the Revised Code.	68953

(6) Land that has been determined pursuant to section 5713.31	68954
of the Revised Code by the county auditor of the county in which	68955
the land is located to be devoted exclusively to agricultural use	68956
as of the first Monday of June in the financial institution's	68957
taxable year.	68958

(7) Property within this state used exclusively during the	68959
taxable year for qualified research as defined in section 5733.05	68960
of the Revised Code.	68961

(C) The base upon which the tax levied under division (D) of	68962
section 5733.06 of the Revised Code shall be computed by	68963
multiplying the value of a financial institution's issued and	68964
outstanding shares of stock as determined in division (B) of this	68965
section by a fraction. The numerator of the fraction is the sum of	68966
the following: the property factor multiplied by fifteen, the	68967
payroll factor multiplied by fifteen, and the sales factor	68968
multiplied by seventy. The denominator of the fraction is one	68969
hundred, provided that the denominator shall be reduced by fifteen	68970
if the property factor has a denominator of zero, by fifteen if	68971
the payroll factor has a denominator of zero, and by seventy if	68972
the sales factor has a denominator of zero.	68973

(D) A financial institution shall calculate the property	68974
factor as follows:	68975

(1) The property factor is a fraction, the numerator of which	68976
is the average value of real property and tangible personal	68977
property rented to the taxpayer that is located or used within	68978
this state during the taxable year, the average value of real and	68979
tangible personal property owned by the taxpayer that is located	68980
or used within this state during the taxable year, and the average	68981
value of the taxpayer's loans and credit card receivables that are	68982
located within this state during the taxable year; and the	68983
denominator of which is the average value of all such property	68984
located or used within and without this state during the taxable	68985
year.	68986

(2)(a) The value of real property and tangible personal	68987
property owned by the taxpayer is the original cost or other basis	68988
of such property for federal income tax purposes without regard to	68989
depletion, depreciation, or amortization.	68990

(b) Loans are valued at their outstanding principal balance,	68991
without regard to any reserve for bad debts. If a loan is	68992
charged-off in whole or in part for federal income tax purposes,	68993
the portion of the loan charged-off is not outstanding. A	68994
specifically allocated reserve established pursuant to financial	68995
accounting guidelines which is treated as charged-off for federal	68996
income tax purposes shall be treated as charged-off for purposes	68997
of this section.	68998

(c) Credit card receivables are valued at their outstanding	68999
principal balance, without regard to any reserve for bad debts. If	69000
a credit card receivable is charged-off in whole or in part for	69001
federal income tax purposes, the portion of the receivable	69002
charged-off is not outstanding.	69003

(3) The average value of property owned by the taxpayer is	69004
computed on an annual basis by adding the value of the property on	69005
the first day of the taxable year and the value on the last day of	69006
the taxable year and dividing the sum by two. If averaging on this	69007
basis does not properly reflect average value, the tax	69008
commissioner may require averaging on a more frequent basis. The	69009
taxpayer may elect to average on a more frequent basis. When	69010
averaging on a more frequent basis is required by the tax	69011
commissioner or is elected by the taxpayer, the same method of	69012
valuation must be used consistently by the taxpayer with respect	69013
to property within and without this state and on all subsequent	69014
returns unless the taxpayer receives prior permission from the tax	69015
commissioner or the tax commissioner requires a different method	69016
of determining value.	69017

(4)(a) The average value of real property and tangible	69018
personal property that the taxpayer has rented from another and is	69019
not treated as property owned by the taxpayer for federal income	69020
tax purposes, shall be determined annually by multiplying the	69021
gross rents payable during the taxable year by eight.	69022

(b) Where the use of the general method described in division	69023
(D)(4)(a) of this section results in inaccurate valuations of	69024
rented property, any other method which properly reflects the	69025
value may be adopted by the tax commissioner or by the taxpayer	69026
when approved in writing by the tax commissioner. Once approved,	69027
such other method of valuation must be used on all subsequent	69028
returns unless the taxpayer receives prior approval from the tax	69029
commissioner or the tax commissioner requires a different method	69030
of valuation.	69031

(5)(a) Except as described in division (D)(5)(b) of this	69032
section, real property and tangible personal property owned by or	69033
rented to the taxpayer is considered to be located within this	69034
state if it is physically located, situated, or used within this	69035
state.	69036

(b) Transportation property is included in the numerator of	69037
the property factor to the extent that the property is used in	69038
this state. The extent an aircraft will be deemed to be used in	69039
this state and the amount of value that is to be included in the	69040
numerator of this state's property factor is determined by	69041
multiplying the average value of the aircraft by a fraction, the	69042
numerator of which is the number of landings of the aircraft in	69043
this state and the denominator of which is the total number of	69044
landings of the aircraft everywhere. If the extent of the use of	69045
any transportation property within this state cannot be	69046
determined, then the property will be deemed to be used wholly in	69047
the state in which the property has its principal base of	69048
operations. A motor vehicle will be deemed to be used wholly in	69049
the state in which it is registered.	69050

(6)(a)(i) A loan, other than a loan or advance described in	69051
division (D)(6)(d) of this section, is considered to be located	69052
within this state if it is properly assigned to a regular place of	69053
business of the taxpayer within this state.	69054

(ii) A loan is properly assigned to the regular place of	69055
business with which it has a preponderance of substantive	69056
contacts. A loan assigned by the taxpayer to a regular place of	69057
business without the state shall be presumed to have been properly	69058
assigned if:	69059

(I) The taxpayer has assigned, in the regular course of its	69060
business, such loan on its records to a regular place of business	69061
consistent with federal or state regulatory requirements;	69062

(II) Such assignment on its records is based upon substantive	69063
contacts of the load to such regular place of business; and	69064

(III) The taxpayer uses the records reflecting assignment of	69065
loans for the filing of all state and local tax returns for which	69066
an assignment of loans to a regular place of business is required.	69067

(iii) The presumption of proper assignment of a loan provided	69068
in division (D)(6)(a)(ii) of this section may be rebutted upon a	69069
showing by the tax commissioner, supported by a preponderance of	69070
the evidence, that the preponderance of substantive contacts	69071
regarding such loan did not occur at the regular place of business	69072
to which it was assigned on the taxpayer's records. When such	69073
presumption has been rebutted, the loan shall then be located	69074
within this state if (1) the taxpayer had a regular place of	69075
business within this state at the time the loan was made; and (2)	69076
the taxpayer fails to show, by a preponderance of the evidence,	69077
that the preponderance of substantive contacts regarding such loan	69078
did not occur within this state.	69079

(b) In the case of a loan which is assigned by the taxpayer	69080
to a place without this state which is not a regular place of	69081
business, it shall be presumed, subject to rebuttal by the	69082
taxpayer on a showing supported by the preponderance of evidence,	69083
that the preponderance of substantive contacts regarding the loan	69084
occurred within this state if, at the time the loan was made the	69085
taxpayer's commercial domicile was within this state.	69086

(c) To determine the state in which the preponderance of	69087
substantive contacts relating to a loan have occurred, the facts	69088
and circumstances regarding the loan at issue shall be reviewed on	69089
a case-by-case basis and consideration shall be given to such	69090
activities as the solicitation, investigation, negotiation,	69091
approval, and administration of the loan. The terms	69092
"solicitation," "investigation," "negotiation," "approval," and	69093
"administration" are defined as follows:	69094

(i) "Solicitation" is either active or passive. Active	69095
solicitation occurs when an employee of the taxpayer initiates the	69096
contact with the customer. Such activity is located at the regular	69097
place of business which the taxpayer's employee is regularly	69098
connected with or working out of, regardless of where the services	69099
of such employee were actually performed. Passive solicitation	69100
occurs when the customer initiates the contact with the taxpayer.	69101
If the customer's initial contact was not at a regular place of	69102
business of the taxpayer, the regular place of business, if any,	69103
where the passive solicitation occurred is determined by the facts	69104
in each case.	69105

(ii) "Investigation" is the procedure whereby employees of	69106
the taxpayer determine the creditworthiness of the customer as	69107
well as the degree of risk involved in making a particular	69108
agreement. Such activity is located at the regular place of	69109
business which the taxpayer's employees are regularly connected	69110
with or working out of, regardless of where the services of such	69111
employees were actually performed.	69112

(iii) Negotiation is the procedure whereby employees of the	69113
taxpayer and its customer determine the terms of the agreement,	69114
such as the amount, duration, interest rate, frequency of	69115
repayment, currency denomination, and security required. Such	69116
activity is located at the regular place of business to which the	69117
taxpayer's employees are regularly connected or working from,	69118
regardless of where the services of such employees were actually	69119
performed.	69120

(iv) "Approval" is the procedure whereby employees or the	69121
board of directors of the taxpayer make the final determination	69122
whether to enter into the agreement. Such activity is located at	69123
the regular place of business to which the taxpayer's employees	69124
are regularly connected or working from, regardless of where the	69125
services of such employees were actually performed. If the board	69126
of directors makes the final determination, such activity is	69127
located at the commercial domicile of the taxpayer.	69128

(v) "Administration" is the process of managing the account.	69129
This process includes bookkeeping, collecting the payments,	69130
corresponding with the customer, reporting to management regarding	69131
the status of the agreement, and proceeding against the borrower	69132
or the security interest if the borrower is in default. Such	69133
activity is located at the regular place of business that oversees	69134
this activity.	69135

(d) A loan or advance to a subsidiary corporation at least	69136
fifty-one per cent of whose common stock is owned by the financial	69137
institution shall be allocated in and out of the state by the	69138
application of a ratio whose numerator is the sum of the net book	69139
value of the subsidiary's real property owned in this state and	69140
the subsidiary's tangible personal property owned in this state	69141
and whose denominator is the sum of the subsidiary's real property	69142
owned wherever located and the subsidiary's tangible personal	69143
property owned wherever located. For purposes of calculating this	69144
ratio, the taxpayer shall determine net book value in accordance	69145
with generally accepted accounting principles. If the subsidiary	69146
corporation owns at least fifty-one per cent of the common stock	69147
of another corporation, the ratio shall be calculated by including	69148
the other corporation's real property and tangible personal	69149
property. The calculation of the ratio applies with respect to all	69150
lower-tiered subsidiaries, provided that the immediate parent	69151
corporation of the subsidiary owns at least fifty-one per cent of	69152
the common stock of that subsidiary.	69153

(7) For purposes of determining the location of credit card	69154
receivables, credit card receivables shall be treated as loans and	69155
shall be subject to division (D)(6) of this section.	69156

(8) A loan that has been properly assigned to a state shall,	69157
absent any change of material fact, remain assigned to that state	69158
for the length of the original term of the loan. Thereafter, the	69159
loan may be properly assigned to another state if the loan has a	69160
preponderance of substantive contact to a regular place of	69161
business there.	69162

(E) A financial institution shall calculate the payroll	69163
factor as follows:	69164

(1) The payroll factor is a fraction, the numerator of which	69165
is the total amount paid in this state during the taxable year by	69166
the taxpayer for compensation, and the denominator of which is the	69167
total compensation paid both within and without this state during	69168
the taxable year.	69169

(2) Compensation is paid in this state if any one of the	69170
following tests, applied consecutively, is met:	69171

(a) The employee's services are performed entirely within	69172
this state.	69173

(b) The employee's services are performed both within and	69174
without this state, but the service performed without this state	69175
is incidental to the employee's service within this state. The	69176
term "incidental" means any service which is temporary or	69177
transitory in nature, or which is rendered in connection with an	69178
isolated transaction.	69179

(c) The employee's services are performed both within and	69180
without this state, and:	69181

(i) The employee's principal base of operations is within	69182
this state; or	69183

(ii) There is no principal base of operations in any state in	69184
which some part of the services are performed, but the place from	69185
which the services are directed or controlled is in this state; or	69186

(iii) The principal base of operations and the place from	69187
which the services are directed or controlled are not in any state	69188
in which some part of the service is performed but the employee's	69189
residence is in this state.	69190

(F) A financial institution shall calculate the sales factor	69191
as follows:	69192

(1) The sales factor is a fraction, the numerator of which is	69193
the receipts of the taxpayer in this state during the taxable year	69194
and the denominator of which is the receipts of the taxpayer	69195
within and without this state during the taxable year. The method	69196
of calculating receipts for purposes of the denominator is the	69197
same as the method used in determining receipts for purposes of	69198
the numerator.	69199

(2) The numerator of the sales factor includes receipts from	69200
the lease or rental of real property owned by the taxpayer if the	69201
property is located within this state, or receipts from the	69202
sublease of real property if the property is located within this	69203
state.	69204

(3)(a) Except as described in division (F)(3)(b) of this	69205
section the numerator of the sales factor includes receipts from	69206
the lease or rental of tangible personal property owned by the	69207
taxpayer if the property is located within this state when it is	69208
first placed in service by the lessee.	69209

(b) Receipts from the lease or rental of transportation	69210
property owned by the taxpayer are included in the numerator of	69211
the sales factor to the extent that the property is used in this	69212
state. The extent an aircraft will be deemed to be used in this	69213
state and the amount of receipts that is to be included in the	69214
numerator of this state's sales factor is determined by	69215
multiplying all the receipts from the lease or rental of the	69216
aircraft by a fraction, the numerator of which is the number of	69217
landings of the aircraft in this state and the denominator of	69218
which is the total number of landings of the aircraft. If the	69219
extent of the use of any transportation property within this state	69220
cannot be determined, then the property will be deemed to be used	69221
wholly in the state in which the property has its principal base	69222
of operations. A motor vehicle will be deemed to be used wholly in	69223
the state in which it is registered.	69224

(4)(a) The numerator of the sales factor includes interest	69225
and fees or penalties in the nature of interest from loans secured	69226
by real property if the property is located within this state. If	69227
the property is located both within this state and one or more	69228
other states, the receipts described in this paragraph are	69229
included in the numerator of the sales factor if more than fifty	69230
per cent of the fair market value of the real property is located	69231
within this state. If more than fifty per cent of the fair market	69232
value of the real property is not located within any one state,	69233
then the receipts described in this paragraph shall be included in	69234
the numerator of the sales factor if the borrower is located in	69235
this state.	69236

(b) The determination of whether the real property securing a	69237
loan is located within this state shall be made as of the time the	69238
original agreement was made and any and all subsequent	69239
substitutions of collateral shall be disregarded.	69240

(5) The numerator of the sales factor includes interest and	69241
fees or penalties in the nature of interest from loans not secured	69242
by real property if the borrower is located in this state.	69243

(6) The numerator of the sales factor includes net gains from	69244
the sale of loans. Net gains from the sale of loans includes	69245
income recorded under the coupon stripping rules of section 1286	69246
of the Internal Revenue Code.	69247

(a) The amount of net gains, but not less than zero, from the	69248
sale of loans secured by real property included in the numerator	69249
is determined by multiplying such net gains by a fraction the	69250
numerator of which is the amount included in the numerator of the	69251
sales factor pursuant to division (F)(4) of this section and the	69252
denominator of which is the total amount of interest and fees or	69253
penalties in the nature of interest from loans secured by real	69254
property.	69255

(b) The amount of net gains, but not less than zero, from the	69256
sale of loans not secured by real property included in the	69257
numerator is determined by multiplying such net gains by a	69258
fraction the numerator of which is the amount included in the	69259
numerator of the sales factor pursuant to division (F)(5) of this	69260
section and the denominator of which is the total amount of	69261
interest and fees or penalties in the nature of interest from	69262
loans not secured by real property.	69263

(7) The numerator of the sales factor includes interest and	69264
fees or penalties in the nature of interest from credit card	69265
receivables and receipts from fees charged to card holders, such	69266
as annual fees, if the billing address of the card holder is in	69267
this state.	69268

(8) The numerator of the sales factor includes net gains, but	69269
not less than zero, from the sale of credit card receivables	69270
multiplied by a fraction, the numerator of which is the amount	69271
included in the numerator of the sales factor pursuant to division	69272
(F)(7) of this section and the denominator of which is the	69273
taxpayer's total amount of interest and fees or penalties in the	69274
nature of interest from credit card receivables and fees charged	69275
to card holders.	69276

(9) The numerator of the sales factor includes all credit	69277
card issuer's reimbursement fees multiplied by a fraction, the	69278
numerator of which is the amount included in the numerator of the	69279
sales factor pursuant to division (F)(7) of this section and the	69280
denominator of which is the taxpayer's total amount of interest	69281
and fees or penalties in the nature of interest from credit card	69282
receivables and fees charged to card holders.	69283

(10) The numerator of the sales factor includes receipts from	69284
merchant discount if the commercial domicile of the merchant is in	69285
this state. Such receipts shall be computed net of any card holder	69286
charge backs, but shall not be reduced by any interchange	69287
transaction fees or by any issuer's reimbursement fees paid to	69288
another for charges made by its card holders.	69289

(11)(a)(i) The numerator of the sales factor includes loan	69290
servicing fees derived from loans secured by real property	69291
multiplied by a fraction the numerator of which is the amount	69292
included in the numerator of the sales factor pursuant to division	69293
(F)(4) of this section and the denominator of which is the total	69294
amount of interest and fees or penalties in the nature of interest	69295
from loans secured by real property.	69296

(ii) The numerator of the sales factor includes loan	69297
servicing fees derived from loans not secured by real property	69298
multiplied by a fraction the numerator of which is the amount	69299
included in the numerator of the sales factor pursuant to division	69300
(F)(5) of this section and the denominator of which is the total	69301
amount of interest and fees or penalties in the nature of interest	69302
from loans not secured by real property.	69303

(b) In circumstances in which the taxpayer receives loan	69304
servicing fees for servicing either the secured or the unsecured	69305
loans of another, the numerator of the sales factor shall include	69306
such fees if the borrower is located in this state.	69307

(12) The numerator of the sales factor includes receipts from	69308
services not otherwise apportioned under this section if the	69309
service is performed in this state. If the service is performed	69310
both within and without this state, the numerator of the sales	69311
factor includes receipts from services not otherwise apportioned	69312
under this section, if a greater proportion of the income	69313
producing activity is performed in this state based on cost of	69314
performance.	69315

(13)(a) Interest, dividends, net gains, but not less than	69316
zero, and other income from investment assets and activities and	69317
from trading assets and activities shall be included in the sales	69318
factor. Investment assets and activities and trading assets and	69319
activities include but are not limited to: investment securities;	69320
trading account assets; federal funds; securities purchased and	69321
sold under agreements to resell or repurchase; options; futures	69322
contracts; forward contracts; notional principal contracts such as	69323
swaps; equities; and foreign currency transactions. With respect	69324
to the investment and trading assets and activities described in	69325
divisions (F)(13)(a)(i) and (ii) of this section, the sales factor	69326
shall include the amounts described in such divisions.	69327

(i) The sales factor shall include the amount by which	69328
interest from federal funds sold and securities purchased under	69329
resale agreements exceeds interest expense on federal funds	69330
purchased and securities sold under repurchase agreements.	69331

(ii) The sales factor shall include the amount by which	69332
interest, dividends, gains, and other income from trading assets	69333
and activities, including, but not limited to, assets and	69334
activities in the matched book, in the arbitrage book, and foreign	69335
currency transactions, exceed amounts paid in lieu of interest,	69336
amounts paid in lieu of dividends, and losses from such assets and	69337
activities.	69338

(b) The numerator of the sales factor includes interest,	69339
dividends, net gains, but not less than zero, and other income	69340
from investment assets and activities and from trading assets and	69341
activities described in division (F)(13)(a) of this section that	69342
are attributable to this state.	69343

(i) The amount of interest, other than interest described in	69344
division (F)(13)(b)(iv) of this section, dividends, other than	69345
dividends described in that division, net gains, but not less than	69346
zero, and other income from investment assets and activities in	69347
the investment account to be attributed to this state and included	69348
in the numerator is determined by multiplying all such income from	69349
such assets and activities by a fraction, the numerator of which	69350
is the average value of such assets which are properly assigned to	69351
a regular place of business of the taxpayer within this state and	69352
the denominator of which is the average value of all such assets.	69353

(ii) The amount of interest from federal funds sold and	69354
purchased and from securities purchased under resale agreements	69355
and securities sold under repurchase agreements attributable to	69356
this state and included in the numerator is determined by	69357
multiplying the amount described in division (F)(13)(a)(i) of this	69358
section from such funds and such securities by a fraction, the	69359
numerator of which is the average value of federal funds sold and	69360
securities purchased under agreements to resell which are properly	69361
assigned to a regular place of business of the taxpayer within	69362
this state and the denominator of which is the average value of	69363
all such funds and such securities.	69364

(iii) The amount of interest, dividends, gains, and other	69365
income from trading assets and activities, including but not	69366
limited to assets and activities in the matched book, in the	69367
arbitrage book, and foreign currency transaction, but excluding	69368
amounts described in division (F)(13)(b)(i) or (ii) of this	69369
section, attributable to this state and included in the numerator	69370
is determined by multiplying the amount described in division	69371
(F)(13)(a)(ii) of this section by a fraction, the numerator of	69372
which is the average value of such trading assets which are	69373
properly assigned to a regular place of business of the taxpayer	69374
within this state and the denominator of which is the average	69375
value of all such assets.	69376

(iv) The amount of dividends received on the capital stock	69377
of, and the amount of interest received from loans and advances	69378
to, subsidiary corporations at least fifty-one per cent of whose	69379
common stock is owned by the reporting financial institution shall	69380
be allocated in and out of this state by the application of a	69381
ratio whose numerator is the sum of the net book value of the	69382
payor's real property owned in this state and the payor's tangible	69383
personal property owned in this state and whose denominator is the	69384
sum of the net book value of the payor's real property owned	69385
wherever located and the payor's tangible personal property owned	69386
wherever located. For purposes of calculating this ratio, the	69387
taxpayer shall determine net book value in accordance with	69388
generally accepted accounting principles.	69389

(v) For purposes of this division, average value shall be	69390
determined using the rules for determining the average value of	69391
tangible personal property set forth in division (D)(2) and (3) of	69392
this section.	69393

(c) In lieu of using the method set forth in division	69394
(F)(13)(b) of this section, the taxpayer may elect, or the tax	69395
commissioner may require in order to fairly represent the business	69396
activity of the taxpayer in this state, the use of the method set	69397
forth in division (F)(13)(c) of this section.	69398

(i) The amount of interest, other than interest described in	69399
division (F)(13)(b)(iv) of this section, dividends, other than	69400
dividends described in that division, net gains, but not less than	69401
zero, and other income from investment assets and activities in	69402
the investment account to be attributed to this state and included	69403
in the numerator is determined by multiplying all such income from	69404
such assets and activities by a fraction, the numerator of which	69405
is the gross income from such assets and activities which are	69406
properly assigned to a regular place of business of the taxpayer	69407
within this state, and the denominator of which is the gross	69408
income from all such assets and activities.	69409

(ii) The amount of interest from federal funds sold and	69410
purchased and from securities purchased under resale agreements	69411
and securities sold under repurchase agreements attributable to	69412
this state and included in the numerator is determined by	69413
multiplying the amount described in division (F)(13)(a)(i) of this	69414
section from such funds and such securities by a fraction, the	69415
numerator of which is the gross income from such funds and such	69416
securities which are properly assigned to a regular place of	69417
business of the taxpayer within this state and the denominator of	69418
which is the gross income from all such funds and such securities.	69419

(iii) The amount of interest, dividends, gains, and other	69420
income from trading assets and activities, including, but not	69421
limited to, assets and activities in the matched book, in the	69422
arbitrage book, and foreign currency transactions, but excluding	69423
amounts described in division (F)(13)(a)(i) or (ii) of this	69424
section, attributable to this state and included in the numerator,	69425
is determined by multiplying the amount described in division	69426
(F)(13)(a)(ii) of this section by a fraction, the numerator of	69427
which is the gross income from such trading assets and activities	69428
which are properly assigned to a regular place of business of the	69429
taxpayer within this state and the denominator of which is the	69430
gross income from all such assets and activities.	69431

(iv) The amount of dividends received on the capital stock	69432
of, and the amount of interest received from loans and advances	69433
to, subsidiary corporations at least fifty-one per cent of whose	69434
common stock is owned by the reporting financial institution shall	69435
be allocated in and out of this state by the application of a	69436
ratio whose numerator is the sum of the net book value of the	69437
payor's real property owned in this state and the payor's tangible	69438
personal property owned in this state and whose denominator is the	69439
sum of the payor's real property owned wherever located and the	69440
payor's tangible personal property owned wherever located. For	69441
purposes of calculating this ratio, the taxpayer shall determine	69442
net book value in accordance with generally accepted accounting	69443
principles.	69444

(d) If the taxpayer elects or is required by the tax	69445
commissioner to use the method set forth in division (F)(13)(c) of	69446
this section, it shall use this method on all subsequent returns	69447
unless the taxpayer receives prior permission from the tax	69448
commissioner to use or the tax commissioner requires a different	69449
method.	69450

(e) The taxpayer shall have the burden of proving that an	69451
investment asset or activity or trading asset or activity was	69452
properly assigned to a regular place of business outside of this	69453
state by demonstrating that the day-to-day decisions regarding the	69454
asset or activity occurred at a regular place of business outside	69455
this state. Where the day-to-day decisions regarding an investment	69456
asset or activity or trading asset or activity occur at more than	69457
one regular place of business and one such regular place of	69458
business is in this state and one such regular place of business	69459
is outside this state such asset or activity shall be considered	69460
to be located at the regular place of business of the taxpayer	69461
where the investment or trading policies or guidelines with	69462
respect to the asset or activity are established. Unless the	69463
taxpayer demonstrates to the contrary, such policies and	69464
guidelines shall be presumed to be established at the commercial	69465
domicile of the taxpayer.	69466

(14) The numerator of the sales factor includes all other	69467
receipts if either:	69468

(a) The income-producing activity is performed solely in this	69469
state; or	69470

(b) The income-producing activity is performed both within	69471
and without this state and a greater proportion of the	69472
income-producing activity is performed within this state than in	69473
any other state, based on costs of performance.	69474

(G) A qualified institution may calculate the base upon which	69475
the fee provided for in division (D) of section 5733.06 of the	69476
Revised Code is determined for each tax year by multiplying the	69477
value of its issued and outstanding shares of stock determined	69478
under division (B) of this section by a single deposits fraction	69479
whose numerator is the deposits assigned to branches in this state	69480
and whose denominator is the deposits assigned to branches	69481
everywhere. Deposits shall be assigned to branches in the same	69482
manner in which the assignment is made for regulatory purposes. If	69483
the base calculated under this division is less than the base	69484
calculated under division (C) of this section, then the qualifying	69485
institution may elect to substitute the base calculated under this	69486
division for the base calculated under division (C) of this	69487
section. Such election may be made annually for each tax year on	69488
the corporate report. The election need not accompany the report;	69489
rather, the election may accompany a subsequently filed but timely	69490
application for refund, a subsequently filed but timely amended	69491
report, or a subsequently filed but timely petition for	69492
reassessment. The election is not irrevocable and it applies only	69493
to the specified tax year. Nothing in this division shall be	69494
construed to extend any statute of limitations set forth in this	69495
chapter.	69496

(H) If the apportionment provisions of this section do not	69497
fairly represent the extent of the taxpayer's business activity in	69498
this state, the taxpayer may petition for or the tax commissioner	69499
may require, in respect to all or any part of the taxpayer's	69500
business activity, if reasonable:	69501

(1) Separate accounting;

69502

(2) The exclusion of any one or more of the factors;

69503

(3) The inclusion of one or more additional factors which	69504
will fairly represent the taxpayer's business activity in this	69505
state; or	69506

(4) The employment of any other method to effectuate an	69507
equitable allocation and apportionment of the taxpayer's value.	69508

Sec. 5733.059.  (A) As used in this section:

69509

(1) "Customer" means a person who purchases electricity for	69510
consumption either by that person or by the person's related	69511
member and the electricity is not for resale directly or	69512
indirectly to any person other than a related member.	69513

(2) "Related member" has the same meaning as in division	69514
(A)(6) of section 5733.042 of the Revised Code without regard to	69515
division (B) of that section.	69516

(B) Except as provided in division (C) of this section, this	69517
division applies only to sales of electric transmission and	69518
distribution services. For purposes of sections 5733.05 and	69519
5747.21 of the Revised Code:	69520

(1) Sales of the transmission of electricity are in this	69521
state in proportion to the ratio of the wire mileage of the	69522
taxpayer's transmission lines located in this state divided by the	69523
wire mileage of the taxpayer's transmission lines located	69524
everywhere. Transmission wire mileage shall be weighted for the	69525
voltage capacity of each line.	69526

(2) Sales of the distribution of electricity are in this	69527
state in proportion to the ratio of the wire mileage of the	69528
taxpayer's distribution lines located in this state divided by the	69529
wire mileage of the taxpayer's distribution lines located	69530
everywhere. Distribution wire mileage shall not be weighted for	69531
the voltage capacity of each line.	69532

(C) This division applies only to a person that has	69533
transmission or distribution lines in this state. If a contract	69534
for the sale of electricity includes the seller's or the seller's	69535
related member's obligation to transmit or distribute the	69536
electricity and if the sales contract separately identifies the	69537
price charged for the transmission or distribution of electricity,	69538
the price charged for the transmission and distribution of	69539
electricity shall be apportioned to this state in accordance with	69540
division (B) of this section. Any remaining portion of the sales	69541
price of the electricity shall be sitused to this state in	69542
accordance with division (D) of this section.	69543

If the sales contract does not separately identify the price	69544
charged for the transmission or distribution of electricity, the	69545
sales price of the electricity shall be sitused to this state in	69546
accordance with division (D) of this section.	69547

(D) Any person who makes a sale of electricity shall situs	69548
the following to this state:	69549

(1) A sale of electricity directly or indirectly to a	69550
customer to the extent the customer consumes the electricity in	69551
this state;	69552

(2) A sale of electricity directly or indirectly to a related	69553
member where the related member directly or indirectly sells	69554
electricity to a customer to the extent the customer consumes the	69555
electricity in this state;	69556

(3) A sale of electricity if the seller or the seller's	69557
related member directly or indirectly delivers the electricity to	69558
a location in this state or directly or indirectly delivers the	69559
electricity exactly to the border of this state and another state;	69560

(4) A sale of electricity if the seller or the seller's	69561
related member directly or indirectly directs the delivery of the	69562
electricity to a location in this state or directly or indirectly	69563
directs the delivery of the electricity exactly to the border of	69564
this state and another state.	69565

(E) If the situsing provisions of this section do not fairly	69566
represent the extent of the taxpayer's or the taxpayer's related	69567
member's activity in this state, the taxpayer may request, or the	69568
tax commissioner may require, in respect to all or part of a	69569
taxpayer's or related member's sales, if reasonable, any of the	69570
following:	69571

(1) Separate accounting;

69572

(2) The exclusion of one or more additional situsing factors	69573
that will fairly represent the taxpayer's and the related member's	69574
sales in this state;	69575

(3) The inclusion of one or more additional situsing factors	69576
that will fairly represent the taxpayer's and the related member's	69577
sales in this state.	69578

The taxpayer's request shall be in writing and shall be filed	69579
with the report required by section 5733.02 of the Revised Code, a	69580
timely filed petition for reassessment, or a timely filed amended	69581
report. An alternative situsing method shall be effective with the	69582
approval of the tax commissioner.	69583

Nothing in this section shall be construed to extend any	69584
statute of limitations set forth in this chapter.	69585

(F) If the situsing provisions of this section do not fairly	69586
represent activity in this state, the tax commissioner may	69587
promulgate rules to situs sales using a methodology that fairly	69588
reflects sales in this state.	69589

(G) Notwithstanding sections 5733.111 and 5747.131section	69590
5703.56 of the Revised Code to the contrary, a person situsing a	69591
sale outside this state has the burden to establish by a	69592
preponderance of the evidence that the doctrines enumerated in	69593
those sectionsthat section do not apply.	69594

Sec. 5733.0511.  (A) As used in this section:

69595

(1) "Qualifying telephone company taxpayer" means either of	69596
the following:	69597

(a) A telephone company, but only if the telephone company	69598
was subject to the tax imposed by section 5727.30 of the Revised	69599
Code for gross receipts received during the period from July 1,	69600
2003, to June 30, 2004, and the telephone company's property	69601
subject to taxation under Chapter 5727. of the Revised Code for	69602
tax years 2003 through 2006 was assessed using the true value	69603
percentages provided for in division (B) of section 5727.111 of	69604
the Revised Code.	69605

(b) Any taxpayer not described in division (A)(1)(a) of this	69606
section if a telephone company described in division (A)(1)(a) of	69607
this section transfers all or a portion of its assets and equity	69608
directly or indirectly to the taxpayer, the transfer occurred as	69609
part of an entity organization or reorganization, or subsequent	69610
entity organization or reorganization, and the gain or loss with	69611
respect to the transfer is not recognized in whole or in part for	69612
federal income tax purposes under the Internal Revenue Code on	69613
account of a transfer as part of an entity organization or	69614
reorganization, or subsequent entity organization or	69615
reorganization.	69616

(2) "Qualifying telephone company asset" means any asset	69617
shown on the qualifying telephone company taxpayer's books and	69618
records on December 31, 2003, in accordance with generally	69619
accepted accounting principles.	69620

(3) "Net income" has the same meaning as in division (I) of	69621
section 5733.04 of the Revised Code.	69622

(4) "Book-tax difference" means the difference, if any,	69623
between a qualifying telephone company asset's net book value	69624
shown on the qualifying telephone company taxpayer's books and	69625
records on December 31, 2003, in accordance with generally	69626
accepted accounting principles, and such asset's adjusted basis on	69627
December 31, 2003. The book-tax difference may be a negative	69628
number.	69629

(5) Solely for purposes of division (A)(1)(a) of this	69630
section, "tax year" has the same meaning as used in section	69631
5727.01 of the Revised Code.	69632

(B) In computing net income under division (I) of section	69633
5733.04 of the Revised Code, a qualifying telephone company	69634
taxpayer shall adjust net income to reflect a ten-year	69635
amortization of the book-tax difference for each qualifying	69636
telephone company asset, in equal installments over each of the	69637
ten tax years beginning with 2010. If the net book value exceeds	69638
the adjusted basis of the asset as of December 31, 2003, net	69639
income shall be reduced in each of the ten years beginning with	69640
tax year 2010 by one-tenth of the book-tax difference. If the	69641
adjusted basis exceeds the net book value of the asset as of	69642
December 31, 2003, net income shall be increased in each of the	69643
ten years beginning with tax year 2010 by one-tenth of the	69644
absolute value of the book-tax difference. The adjustment to net	69645
income provided for by this division shall apply without regard to	69646
the disposal of those assets after December 31, 2003.	69647

(C) The allocation and apportionment of this amortization of	69648
the book-tax difference under this section shall be governed by	69649
division (B) of section 5733.05 and by section 5733.051 of the	69650
Revised Code. The tax commissioner may prescribe rules regarding	69651
the apportionment of the amortization of the book-tax difference	69652
under this section.	69653

(D) Nothing in this section shall allow for an adjustment	69654
more than once with respect to the same qualifying asset or allow	69655
more than one corporation to claim an adjustment with respect to	69656
the same qualifying telephone company asset.	69657

Sec. 5733.06.  The tax hereby charged each corporation	69658
subject to this chapter shall be the greater of the sum of	69659
divisions (A) and (B) of this section, after the reduction, if	69660
any, provided by division (J) of this section, or division (C) of	69661
this section, after the reduction, if any, provided by division	69662
(J) of this section, except that the tax hereby charged each	69663
financial institution subject to this chapter shall be the amount	69664
computed under division (D) of this section:	69665

(A) Except as set forth in division (F) of this section, five	69666
and one-tenth per cent upon the first fifty thousand dollars of	69667
the value of the taxpayer's issued and outstanding shares of stock	69668
as determined under division (B) of section 5733.05 of the Revised	69669
Code;	69670

(B) Except as set forth in division (F) of this section,	69671
eight and one-half per cent upon the value so determined in excess	69672
of fifty thousand dollars; or	69673

(C)(1) Except as otherwise provided under division (G) of	69674
this section, four mills times that portion of the value of the	69675
issued and outstanding shares of stock as determined under	69676
division (C) of section 5733.05 of the Revised Code. For the	69677
purposes of division (C) of this section, division (C)(2) of	69678
section 5733.065, and division (C) of section 5733.066 of the	69679
Revised Code, the value of the issued and outstanding shares of	69680
stock of an eligible corporation for tax year 2003 through tax	69681
year 2007, or of a qualified holding company, is zero.	69682

(2) As used in division (C) of this section, "eligible	69683
corporation" means a person treated as a corporation for federal	69684
income tax purposes that meets all of the following criteria:	69685

(a) The corporation conducts business for an entire taxable	69686
year as a qualified trade or business as defined by division (C)	69687
of section 122.15 of the Revised Code.	69688

(b) The corporation uses more than fifty per cent of the	69689
corporation's assets, based on net book value, that are located in	69690
Ohio solely to conduct activities that constitute a qualified	69691
trade or business as defined by section 122.15 of the Revised	69692
Code.	69693

(c) The corporation has been formed or organized not more	69694
than three years before the report required to be filed by section	69695
5733.02 of the Revised Code is due, without regard to any	69696
extensions.	69697

(d) The corporation is not a related member, as defined in	69698
section 5733.042 of the Revised Code, at any time during the	69699
taxable year with respect to another person treated as a	69700
corporation for federal income tax purposes. A corporation is not	69701
a related member if during the entire taxable year at least	69702
seventy-five per cent of the corporation's stock is owned directly	69703
or through a pass-through entity by individuals, estates, and	69704
grantor trusts, and the individuals, estates, and grantor trusts	69705
do not directly or indirectly own more than twenty per cent of the	69706
value of another person treated as a corporation for federal	69707
income tax purposes that is conducting a qualified trade or	69708
business.	69709

(D) The tax charged each financial institution subject to	69710
this chapter shall be that portion of the value of the issued and	69711
outstanding shares of stock as determined under division (A) of	69712
section 5733.05 of the Revised Code, multiplied by the following	69713
amounts:	69714

(1) For tax years prior to the 1999 tax year, fifteen mills;

69715

(2) For the 1999 tax year, fourteen mills;

69716

(3) For tax year 2000 and thereafter, thirteen mills.

69717

(E) No tax shall be charged from any corporation that has	69718
been adjudicated bankrupt, or for which a receiver has been	69719
appointed, or that has made a general assignment for the benefit	69720
of creditors, except for the portion of the then current tax year	69721
during which the tax commissioner finds such corporation had the	69722
power to exercise its corporate franchise unimpaired by such	69723
proceedings or act. The minimum payment for all corporationseach	69724
corporation shall be fifty dollarsas follows:	69725

(1) One thousand dollars in the case of a corporation having	69726
gross receipts for the taxable year equal to at least five million	69727
dollars from activities within or outside this state or in the	69728
case of a corporation employing at least three hundred employees	69729
at some time during the taxable year within or outside this state;	69730

(2) Fifty dollars in the case of any other corporation.

69731

The tax charged to corporations under this chapter for the	69732
privilege of engaging in business in this state, which is an	69733
excise tax levied on the value of the issued and outstanding	69734
shares of stock, shall in no manner be construed as prohibiting or	69735
otherwise limiting the powers of municipal corporations, joint	69736
economic development zones created under section 715.691 of the	69737
Revised Code, and joint economic development districts created	69738
under section 715.70 or 715.71 or sections 715.72 to 715.81 of the	69739
Revised Code in this state to impose an income tax on the income	69740
of such corporations.	69741

(F) If two or more taxpayers satisfy the ownership or control	69742
requirements of division (A) of section 5733.052 of the Revised	69743
Code, each such taxpayer shall substitute "the taxpayer's pro-rata	69744
amount" for "fifty thousand dollars" in divisions (A) and (B) of	69745
this section. For purposes of this division, "the taxpayer's	69746
pro-rata amount" is an amount that, when added to the other such	69747
taxpayers' pro-rata amounts, does not exceed fifty thousand	69748
dollars. For the purpose of making that computation, the	69749
taxpayer's pro-rata amount shall not be less than zero. Nothing in	69750
this division derogates from or eliminates the requirement to make	69751
the alternative computation of tax under division (C) of this	69752
section.	69753

(G) The tax liability of any corporation under division (C)	69754
of this section shall not exceed one hundred fifty thousand	69755
dollars.	69756

(H)(1) For the purposes of division (H) of this section,	69757
"exiting corporation" means a corporation that satisfies all of	69758
the following conditions:	69759

(a) The corporation had nexus with or in this state under the	69760
Constitution of the United States during any portion of a calendar	69761
year;	69762

(b) The corporation was not a corporation described in	69763
division (A) of section 5733.01 of the Revised Code on the first	69764
day of January immediately following that calendar year;	69765

(c) The corporation was not a financial institution on the	69766
first day of January immediately following that calendar year;	69767

(d) If the corporation was a transferor as defined in section	69768
5733.053 of the Revised Code, the corporation's transferee was not	69769
required to add to the transferee's net income the income of the	69770
transferor pursuant to division (B) of that section;	69771

(e) During any portion of that calendar year, or any portion	69772
of the immediately preceding calendar year, the corporation had	69773
net income that was not included in a report filed by the	69774
corporation or its transferee pursuant to section 5733.02,	69775
5733.021, 5733.03, 5733.031, or 5733.053 of the Revised Code;	69776

(f) The corporation would have been subject to the tax	69777
computed under divisions (A), (B), (C), (F), and (G) of this	69778
section if the corporation is assumed to be a corporation	69779
described in division (A) of section 5733.01 of the Revised Code	69780
on the first day of January immediately following the calendar	69781
year to which division (H)(1)(a) of this section refers.	69782

(2) For the purposes of division (H) of this section,	69783
"unreported net income" means net income that was not previously	69784
included in a report filed pursuant to section 5733.02, 5733.021,	69785
5733.03, 5733.031, or 5733.053 of the Revised Code and that was	69786
realized or recognized during the calendar year to which division	69787
(H)(1) of this section refers or the immediately preceding	69788
calendar year.	69789

(3) Each exiting corporation shall pay a tax computed by	69790
first allocating and apportioning the unreported net income	69791
pursuant to division (B) of section 5733.05 and section 5733.051	69792
and, if applicable, section 5733.052 of the Revised Code. The	69793
exiting corporation then shall compute the tax due on its	69794
unreported net income allocated and apportioned to this state by	69795
applying divisions (A), (B), and (F) of this section to that	69796
income.	69797

(4) Divisions (C) and (G) of this section, division (D)(2) of	69798
section 5733.065, and division (C) of section 5733.066 of the	69799
Revised Code do not apply to an exiting corporation, but exiting	69800
corporations are subject to every other provision of this chapter.	69801

(5) Notwithstanding division (B) of section 5733.01 or	69802
sections 5733.02, 5733.021, and 5733.03 of the Revised Code to the	69803
contrary, each exiting corporation shall report and pay the tax	69804
due under division (H) of this section on or before the	69805
thirty-first day of May immediately following the calendar year to	69806
which division (H)(1)(a) of this section refers. The exiting	69807
corporation shall file that report on the form most recently	69808
prescribed by the tax commissioner for the purposes of complying	69809
with sections 5733.02 and 5733.03 of the Revised Code. Upon	69810
request by the corporation, the tax commissioner may extend the	69811
date for filing the report.	69812

(6) If, on account of the application of section 5733.053 of	69813
the Revised Code, net income is subject to the tax imposed by	69814
divisions (A) and (B) of this section, such income shall not be	69815
subject to the tax imposed by division (H)(3) of this section.	69816

(7) The amendments made to division (H) of this section by	69817
Am. Sub. S.B. 287 of the 123rd general assembly do not apply to	69818
any transfer, as defined in section 5733.053 of the Revised Code,	69819
for which negotiations began prior to January 1, 2001, and that	69820
was commenced in and completed during calendar year 2001, unless	69821
the taxpayer makes an election prior to December 31, 2001, to	69822
apply those amendments.	69823

(8) The tax commissioner may adopt rules governing division	69824
(H) of this section.	69825

(I) Any reference in the Revised Code to "the tax imposed by	69826
section 5733.06 of the Revised Code" or "the tax due under section	69827
5733.06 of the Revised Code" includes the taxes imposed under	69828
sections 5733.065 and 5733.066 of the Revised Code.	69829

(J)(1) Division (J) of this section applies solely to a	69830
combined company. Section 5733.057 of the Revised Code shall apply	69831
when calculating the adjustments required by division (J) of this	69832
section.	69833

(2) Subject to division (J)(4) of this section, the total tax	69834
calculated in divisions (A) and (B) of this section shall be	69835
reduced by an amount calculated by multiplying such tax by a	69836
fraction, the numerator of which is the total taxable gross	69837
receipts attributed to providing public utility activity other	69838
than as an electric company under section 5727.03 of the Revised	69839
Code for the year upon which the taxable gross receipts are	69840
measured immediately preceding the tax year, and the denominator	69841
of which is the total gross receipts from all sources for the year	69842
upon which the taxable gross receipts are measured immediately	69843
preceding the tax year. Nothing herein shall be construed to	69844
exclude from the denominator any item of income described in	69845
section 5733.051 of the Revised Code.	69846

(3) Subject to division (J)(4) of this section, the total tax	69847
calculated in division (C) of this section shall be reduced by an	69848
amount calculated by multiplying such tax by the fraction	69849
described in division (J)(2) of this section.	69850

(4) In no event shall the reduction provided by division	69851
(J)(2) or (J)(3) of this section exceed the amount of the excise	69852
tax paid in accordance with section 5727.38 of the Revised Code,	69853
for the year upon which the taxable gross receipts are measured	69854
immediately preceding the tax year.	69855

Sec. 5733.0611.  (A) There is hereby allowed a nonrefundable	69856
credit against the tax imposed under section 5733.06 of the	69857
Revised Code. The credit shall be equal to the taxpayer's	69858
proportionate share of the lesser of either the tax due or the tax	69859
paid by any qualifying entity under section 5733.41 of the Revised	69860
Code for the qualifying taxable year of the qualifying entity that	69861
ends in the taxable year of the taxpayer. The taxpayer shall claim	69862
the credit for the taxpayer's taxable year in which ends the	69863
qualifying entity's qualifying taxable year.	69864

In claiming the credit and determining its proportionate	69865
share of the tax due and the tax paid by the qualifying entity,	69866
the person claiming the credit shall follow the concepts set forth	69867
in subchapter K of the Internal Revenue Code. Nothing in this	69868
division shall be construed to limit or disallow pass-through	69869
treatment of a pass-through entity's income, deductions, credits,	69870
or other amounts necessary to compute the tax imposed and the	69871
credits allowed under this chapter.	69872

The credit shall be claimed in the order required under	69873
section 5733.98 of the Revised Code. Any unused credit shall be	69874
allowed as a credit in the ensuing tax year. Any such amount	69875
allowed as a credit in an ensuing tax year shall be deducted from	69876
the balance carried forward to the next ensuing tax year.	69877

(B) Any person that is not a taxpayer solely by reason of	69878
division (A) or (C) of section 5733.09 of the Revised Code or a	69879
person described in section 501(c) of the Internal Revenue Code or	69880
division (F) of section 3334.01 of the Revised Code, but that	69881
would be entitled to claim the nonrefundable credit under this	69882
section if that person were a taxpayer, may file an application	69883
for refund pursuant to section 5733.12 of the Revised Code. Upon	69884
proper application for refund under that section, the tax	69885
commissioner shall issue a refund in the amount of the credit to	69886
which that person would have been entitled under division (A)(1)	69887
of this section if the person had been a taxpayer, and as if the	69888
credit were a refundable credit.	69889

(C) If an organization described in section 401(a) of the	69890
Internal Revenue Code or a trust or fund is entitled to a	69891
proportionate share of the lesser of either the tax due or the tax	69892
paid by any qualifying entity under section 5733.41 of the Revised	69893
Code, and if that proportionate share is then or could be	69894
allocable to an exempt person as defined in division (D) of this	69895
section, then the organization, trust, or fund may file an	69896
application for refund with respect to such allocable amounts	69897
pursuant to section 5733.12 of the Revised Code. Upon proper	69898
application for refund under that section, the tax commissioner	69899
shall issue a refund in the amount of the credit to which the	69900
organization, trust, or fund would have been entitled under	69901
division (A)(1) of this section had the organization, trust, or	69902
fund been a taxpayer, and as if the credit were a refundable	69903
credit. To the extent that such an organization, trust, or fund is	69904
permitted to apply for a refund under this division, or to the	69905
extent that such an organization, trust, or fund has applied for	69906
such a refund, exempt persons are not entitled to the credit	69907
authorized under this section or section 5747.059 of the Revised	69908
Code.	69909

(D)(1) For the purposes of division (C) of this section only,	69910
"exempt person" means any of the following:	69911

(a) A person that is or may be the beneficiary of a trust if	69912
the trust is subject to Subchapter D of Chapter 1 of Subtitle A of	69913
the Internal Revenue Code.	69914

(b) A person that is or may be the beneficiary of or the	69915
recipient of payments from a nuclear decommissioning reserve fund,	69916
a designated settlement fund, or any other trust or fund	69917
established to resolve and satisfy claims that may otherwise be	69918
asserted by the beneficiary or a member of the beneficiary's	69919
family. Sections 267(c)(4), 468A(e), and 468B(d)(2) of the	69920
Internal Revenue Code apply to the determination of whether such a	69921
person is an exempt person under division (D) of this section.	69922

(c) A person, other than a person that is treated as a C	69923
corporation for federal income tax purposes, who is or may be the	69924
beneficiary of a trust that, under its governing instrument, is	69925
not required to distribute all of its income currently. Division	69926
(D)(1)(c) of this section applies only if the trust irrevocably	69927
agrees that for the taxable year during or for which the trust	69928
distributes any of its income to any of the beneficiaries, the	69929
trust is a qualifying trust as defined in section 5733.40 of the	69930
Revised Code and will pay the estimated tax, and will withhold and	69931
pay the withheld tax as required under section 5733.41 and	69932
sections 5747.40 to 5747.453 of the Revised Code.	69933

(2) An exempt person does not include any person that would	69934
not qualify as an exempt person under the doctrines of "economic	69935
reality," "sham transaction," "step doctrine," or "substance over	69936
form." Notwithstanding sections 5733.111 and 5747.131section	69937
5703.56 of the Revised Code to the contrary, an organization,	69938
trust, or fund described in division (C) of this section bears the	69939
burden of establishing by a preponderance of the evidence that any	69940
transaction giving rise to a claim for a refundable credit under	69941
this section does not have as a principal purpose a claim for that	69942
credit. Nothing in this section shall be construed to limit solely	69943
to this section the application of the doctrines referred to in	69944
division (D)(2) of this section.	69945

(E) Nothing in this section shall be construed to allow a	69946
refund more than once with respect to the taxes imposed under	69947
section 5733.41 or 5747.41 of the Revised Code.	69948

Sec. 5733.09.  (A) An(1) Except as provided in divisions	69949
(A)(2) and (3) of this section, an incorporated company, whether	69950
foreign or domestic, owning and operating a public utility in this	69951
state, and required by law to file reports with the tax	69952
commissioner and to pay an excise tax upon its gross receipts, and	69953
insurance, fraternal, beneficial, bond investment, and other	69954
corporations required by law to file annual reports with the	69955
superintendent of insurance and dealers in intangibles, the shares	69956
of which are, or the capital or ownership in capital employed by	69957
such dealer is, subject to the taxes imposed by section 5707.03 of	69958
the Revised Code, shall not be subject to this chapter, except for	69959
sections 5733.031, 5733.042, 5733.05, 5733.052, 5733.053,	69960
5733.069, 5733.0611, 5733.40, 5733.41, and sections 5747.40 to	69961
5747.453 of the Revised Code. However, for reports required to be	69962
filed under section 5725.14 of the Revised Code in 2003 and	69963
thereafter, nothing in this section shall be construed to exempt	69964
the property of any dealer in intangibles under section 5725.13 of	69965
the Revised Code from the tax imposed under section 5707.03 of the	69966
Revised Code. An	69967

(2) An electric company subject to the filing requirements of	69968
section 5727.08 of the Revised Code or otherwise having nexus with	69969
or in this state under the Constitution of the United States, or	69970
any other corporation having any gross receipts directly	69971
attributable to providing public utility service as an electric	69972
company or having any property directly attributable to providing	69973
public utility service as an electric company, is subject to this	69974
chapter.	69975

(3) A telephone company that no longer pays an excise tax	69976
under section 5727.30 of the Revised Code on its gross receipts	69977
billed after June 30, 2004, is first subject to taxation under	69978
this chapter for tax year 2005. For that tax year, a telephone	69979
company with a taxable year ending in 2004 shall compute the tax	69980
imposed under this chapter, and shall compute the net operating	69981
loss carry forward for tax year 2005, by multiplying the tax owed	69982
under this chapter, net of all nonrefundable credits, or the loss	69983
for the taxable year, by fifty per cent.	69984

(B) A corporation that has made an election under subchapter	69985
S, chapter one, subtitle A, of the Internal Revenue Code for its	69986
taxable year under such code is exempt from the tax imposed by	69987
section 5733.06 of the Revised Code that is based on that taxable	69988
year.	69989

A corporation that makes such an election shall file a notice	69990
of such election with the tax commissioner between the first day	69991
of January and the thirty-first day of March of each tax year that	69992
the election is in effect.	69993

(C) An entity defined to be a "real estate investment trust"	69994
by section 856 of the Internal Revenue Code, a "regulated	69995
investment company" by section 851 of the Internal Revenue Code,	69996
or a "real estate mortgage investment conduit" by section 860D of	69997
the Internal Revenue Code, is exempt from taxation for a tax year	69998
as a corporation under this chapter and is exempt from taxation	69999
for a return year as a dealer in intangibles under Chapter 5725.	70000
of the Revised Code if it provides the report required by this	70001
division. By the last day of March of the tax or return year the	70002
entity shall submit to the tax commissioner the name of the entity	70003
with a list of the names, addresses, and social security or	70004
federal identification numbers of all investors, shareholders, and	70005
other similar investors who owned any interest or invested in the	70006
entity during the preceding calendar year. The commissioner may	70007
extend the date by which the report must be submitted for	70008
reasonable cause shown by the entity. The commissioner may	70009
prescribe the form of the report required for exemption under this	70010
division.	70011

(D)(1) As used in this division:

70012

(a) "Commercial printer" means a person primarily engaged in	70013
the business of commercial printing. However, "commercial printer"	70014
does not include a person primarily engaged in the business of	70015
providing duplicating services using photocopy machines or other	70016
xerographic processes.	70017

(b) "Commercial printing" means printing by one or more	70018
common processes such as letterpress, lithography, gravure,	70019
screen, or digital imaging, and includes related activities such	70020
as binding, platemaking, prepress operation, cartographic	70021
composition, and typesetting.	70022

(c) "Contract for printing" means an oral or written	70023
agreement for the purchase of printed materials produced by a	70024
commercial printer.	70025

(d) "Intangible property located at the premises of a	70026
commercial printer" means intangible property of any kind owned or	70027
licensed by a customer of the commercial printer and furnished to	70028
the commercial printer for use in commercial printing.	70029

(e) "Printed material" means any tangible personal property	70030
produced or processed by a commercial printer pursuant to a	70031
contract for printing.	70032

(f) "Related member" has the same meaning as in division	70033
(A)(6) of section 5733.042 of the Revised Code without regard to	70034
division (B) of that section.	70035

(2) Except as provided in divisions (D)(3) and (4) of this	70036
section, a corporation not otherwise subject to the tax imposed by	70037
section 5733.06 of the Revised Code for a tax year does not become	70038
subject to that tax for the tax year solely by reason of any one	70039
or more of the following occurring in this state during the	70040
taxable year that ends immediately prior to the tax year:	70041

(a) Ownership by the corporation or a related member of the	70042
corporation of tangible personal property or intangible property	70043
located during all or any portion of the taxable year or on the	70044
first day of the tax year at the premises of a commercial printer	70045
with which the corporation or the corporation's related member has	70046
a contract for printing with respect to such property or the	70047
premises of a commercial printer's related member with which the	70048
corporation or the corporation's related member has a contract for	70049
printing with respect to such property;	70050

(b) Sales by the corporation or a related member of the	70051
corporation of property produced at and shipped or distributed	70052
from the premises of a commercial printer with which the	70053
corporation or the corporation's related member has a contract for	70054
printing with respect to such property or the premises of a	70055
commercial printer's related member with which the corporation or	70056
the corporation's related member has a contract for printing with	70057
respect to such property;	70058

(c) Activities of employees, officers, agents, or contractors	70059
of the corporation or a related member of the corporation on the	70060
premises of a commercial printer with which the corporation or the	70061
corporation's related member has a contract for printing or the	70062
premises of a commercial printer's related member with which the	70063
corporation or the corporation's related member has a contract for	70064
printing, where the activities are directly and solely related to	70065
quality control, distribution, or printing services, or any	70066
combination thereof, performed by or at the direction of the	70067
commercial printer or the commercial printer's related member.	70068

(3) The exemption under this division does not apply for a	70069
taxable year to any corporation having on the first day of January	70070
of the tax year or at any time during the taxable year ending	70071
immediately preceding the first day of January of the tax year a	70072
related member which, on the first day of January of the tax year	70073
or during any portion of such taxable year of the corporation, has	70074
nexus in or with this state under the Constitution of the United	70075
States or holds a certificate of compliance with the laws of this	70076
state authorizing it to do business in this state.	70077

(4) With respect to allowing the exemption under this	70078
division, the tax commissioner shall be guided by the doctrines of	70079
"economic reality," "sham transaction," "step transaction," and	70080
"substance over form." A corporation shall bear the burden of	70081
establishing by a preponderance of the evidence that any	70082
transaction giving rise to an exemption claimed under this	70083
division did not have as a principal purpose the avoidance of any	70084
portion of the tax imposed by section 5733.06 of the Revised Code.	70085

Application of the doctrines listed in division (D)(4) of	70086
this section is not limited to this division.	70087

Sec. 5733.121.  If a corporation entitled to a refund under	70088
section 5733.11 or 5733.12 of the Revised Code is indebted to this	70089
state for any tax, workers' compensation premium due under section	70090
4123.35 of the Revised Code, unemployment compensation	70091
contribution due under section 4141.25 of the Revised Code, or	70092
unemployment compensation payment in lieu of contribution under	70093
section 4141.241 of the Revised Code or fee administered by the	70094
tax commissioner that is paid to the state or to the clerk of	70095
courts pursuant to section 4505.06 of the Revised Code, or any	70096
charge, penalty, or interest arising from such a tax, workers'	70097
compensation premium, unemployment compensation contribution, or	70098
unemployment compensation payment in lieu of contribution under	70099
section 4141.241 of the Revised Code or fee, the amount refundable	70100
may be applied in satisfaction of the debt. If the amount	70101
refundable is less than the amount of the debt, it may be applied	70102
in partial satisfaction of the debt. If the amount refundable is	70103
greater than the amount of the debt, the amount remaining after	70104
satisfaction of the debt shall be refunded. If the corporation has	70105
more than one such debt, any debt subject to section 5739.33 or	70106
division (G) of section 5747.07 of the Revised Code shall be	70107
satisfied first. This section applies only to debts that have	70108
become final.	70109

The tax commissioner may, with the consent of the taxpayer,	70110
provide for the crediting, against tax due for any tax year, of	70111
the amount of any refund due the taxpayer under this chapter for a	70112
preceding tax year.	70113

Sec. 5733.18.  Annually, on the day fixed for the payment of	70114
any excise or franchise tax required to be paid by law, such tax,	70115
together with any penalties subsequently accruing thereon, shall	70116
become a lien on all property in this state of a corporation,	70117
whether such property is employed by the corporation in the	70118
prosecution of its business or is in the hands of an assignee,	70119
trustee, or receiver for the benefit of the creditors and	70120
stockholders. Such lien shall continue until such taxes, together	70121
with any penalties subsequently accruing, are paid.	70122

Upon failure of such corporation to pay such tax on the day	70123
fixed for payment, the tax commissioner may file, for which filing	70124
no fee shall be charged, in the office of the county recorder in	70125
each county in this state in which such corporation owns or has a	70126
beneficial interest in real estate, notice of such lien containing	70127
a brief description of such real estate. Such lien shall not be	70128
valid as against any mortgagee, purchaser, or judgment creditor	70129
whose rights have attached prior to the time such notice is so	70130
filed in the county in which the real estate which is the subject	70131
of such mortgage, purchase, or judgment lien is located. Such	70132
notice shall be recorded in a book kept by the recorder, called	70133
the corporation franchise lien record, and indexed under the name	70134
of the corporation charged with such tax. When such tax, together	70135
with any penalties subsequently accruing thereon, has been paid,	70136
the tax commissioner shall furnish to the corporation an	70137
acknowledgment of such payment which the corporation may record	70138
with the recorder of each county in which notice of such lien has	70139
been filed, for which recording the recorder shall charge and	70140
receive a base fee of two dollars for services and a housing trust	70141
fund fee of two dollars pursuant to section 317.36 of the Revised	70142
Code.	70143

Sec. 5733.22.  (A)(1) Any corporation whose articles of	70144
incorporation or license certificate to do or transact business in	70145
this state has been canceled by the secretary of state pursuant to	70146
section 5733.20 of the Revised Code for failure to make any report	70147
or return or to pay any tax or fee, shall be reinstated and again	70148
entitled to exercise its rights, privileges, and franchises in	70149
this state, and the secretary of state shall cancel the entry of	70150
cancellation to exercise its rights, privileges, and franchises	70151
upon compliance with all of the following:	70152

(a) Payment to the secretary of state of any additional fees	70153
and penalties required to be paid to the secretary of state;	70154

(b) Filing with the secretary of state a certificate from the	70155
tax commissioner that it has complied with all the requirements of	70156
law as to franchise or excise tax reports and paid all franchise	70157
or excise taxes, fees, or penalties due thereon for every year of	70158
its delinquency;	70159

(c) Payment to the secretary of state of an additional fee of	70160
ten dollars.	70161

(2) The applicant for reinstatement shall be required by the	70162
secretary of state, as a condition prerequisite to such	70163
reinstatement, to amend its articles by changing its name if all	70164
of the following apply:	70165

(a) The reinstatement is not made within one year from the	70166
date of the cancellation of its articles of incorporation or date	70167
of the cancellation of its license to do business;	70168

(b) It appears that the applicant's articles of incorporation	70169
or license certificate has been issued to another entity and is	70170
not distinguishable upon the record from the name of the	70171
applicant;	70172

(c) It appears that the articles of organization of a limited	70173
liability company, registration of a foreign limited liability	70174
company, certificate of limited partnership, registration of a	70175
foreign limited partnership, registration of a domestic or foreign	70176
limited liability partnership, or registration of a trade name has	70177
been issued to another entity and is not distinguishable upon the	70178
record from the name of the applicant. A certificate of	70179
reinstatement may be filed in the recorder's office of any county	70180
in the state, for which the recorder shall charge and collect a	70181
base fee of three dollars for services and a housing trust fund	70182
fee of three dollars pursuant to section 317.36 of the Revised	70183
Code.	70184

Any officer, shareholder, creditor, or receiver of any such	70185
corporation may at any time take all steps required by this	70186
section to effect such reinstatement.	70187

(B) The rights, privileges, and franchises of a corporation	70188
whose articles of incorporation have been reinstated in accordance	70189
with this section, are subject to section 1701.922 of the Revised	70190
Code.	70191

(C) Notwithstanding a violation of section 5733.21 of the	70192
Revised Code, upon reinstatement of a corporation's articles of	70193
incorporation in accordance with this section, neither section	70194
5733.20 nor section 5733.21 of the Revised Code shall be applied	70195
to invalidate the exercise or attempt to exercise any right,	70196
privilege, or franchise on behalf of the corporation by an	70197
officer, agent, or employee of the corporation after cancellation	70198
and prior to the reinstatement of the articles, if the conditions	70199
set forth in divisions (B)(1)(a) and (b) of section 1701.922 of	70200
the Revised Code are met.	70201

Sec. 5733.45. (A) For purposes of this section, a "qualifying	70202
dealer in intangibles" is a dealer in intangibles that is a member	70203
of a qualifying controlled group of which a financial institution	70204
is also a member on the first day of the financial institution's	70205
tax year.	70206

(B) For tax years 2002 and thereafter, there is hereby	70207
allowed to each financial institution a nonrefundable credit	70208
against the tax imposed by section 5733.06 of the Revised Code.	70209
The amount of the credit shall be computed in accordance with	70210
division (C) of this section. The credit shall be claimed in the	70211
order prescribed by section 5733.98 of the Revised Code. The	70212
credit shall not exceed the amount of tax otherwise due under	70213
section 5733.06 of the Revised Code after deducting any other	70214
credits that precede the credit claimed under this section in that	70215
order.	70216

(C) Subject to division (D) of this section, the amount of	70217
the nonrefundable credit is the lesser of the amount described in	70218
division (C)(1) of this section or the amount described in	70219
division (C)(2) of this section.	70220

(1) The amount of tax that a qualifying dealer in intangibles	70221
paid under Chapter 5707. of the Revised Code during the calendar	70222
year immediately preceding the financial institution's tax year.	70223
Such amount shall be reduced, but not below zero, by any refunds	70224
of such tax received by the qualifying dealer in intangibles under	70225
Chapter 5703. of the Revised Code during that calendar year.	70226

(2) The product of the amounts described in division	70227
(C)(2)(a) to (C)(2)(c) of this section. The amount described in	70228
division (C)(2)(a) of this section shall be ascertained on the	70229
last day of the financial institution's taxable year immediately	70230
preceding the tax year.	70231

(a) The cost of the financial institution's direct investment	70232
in the capital stock of the qualifying dealer in intangibles. The	70233
cost does not include any appreciation or goodwill to the extent	70234
those amounts are allowed as an exempted asset on the financial	70235
institution's annual report.	70236

(b) The ratio described in section 5725.15 of the Revised	70237
Code for the calendar year immediately preceding the financial	70238
institution's tax year;	70239

(c) The tax rate imposed under division (D) of section	70240
5707.03 of the Revised Code for the calendar year immediately	70241
preceding the financial institution's tax year.	70242

(D)(1) The principles and concepts set forth in section	70243
5733.057 of the Revised Code shall apply to ascertain if a dealer	70244
in intangibles is a member of a qualifying controlled group of	70245
which the financial institution also is a member and to ascertain	70246
the cost of the financial institution's direct investment in the	70247
capital stock of the qualifying dealer in intangibles.	70248

(2) Notwithstanding section 5733.1115703.56 of the Revised	70249
Code to the contrary, a financial institution claiming the credit	70250
provided by this section has the burden to establish by a	70251
preponderance of the evidence that none of the doctrines	70252
enumerated in that section would apply to deny to the financial	70253
institution all or a part of the credit otherwise provided by this	70254
section.	70255

(E) For tax years 2002 and 2003, the credit allowed by this	70256
section applies only if the qualifying dealer in intangibles on	70257
account of which the financial institution is claiming the credit	70258
submits to the Tax Commissionertax commissioner, not later than	70259
January 15, 2002, a written statement that the qualifying dealer	70260
in intangibles irrevocably agrees that it will not seek a refund	70261
of the tax paid by the dealer under section 5707.03 of the Revised	70262
Code in 2000 and 2001, and irrevocably agrees to continue paying	70263
that tax in 2002, regardless of the amendment of section 5725.26	70264
of the Revised Code by Am. Sub. H.B. 405 of the 124th general	70265
assembly.	70266

Sec. 5733.55.  (A) As used in this section:

70267

(1) "9-1-1 system" has the same meaning as in section 4931.40	70268
of the Revised Code.	70269

(2) "Nonrecurring 9-1-1 charges" means nonrecurring charges	70270
approved by the public utilities commission for the telephone	70271
network portion of a 9-1-1 system pursuant to section 4931.47 of	70272
the Revised Code.	70273

(3) "Eligible nonrecurring 9-1-1 charges" means all	70274
nonrecurring 9-1-1 charges for a 9-1-1 system, except:	70275

(a) Charges for a system that was not established pursuant to	70276
a plan adopted under section 4931.44 of the Revised Code or an	70277
agreement under section 4931.48 of the Revised Code;	70278

(b) Charges for that part of a system established pursuant to	70279
such a plan or agreement that are excluded from the credit by	70280
division (C)(2) of section 4931.47 of the Revised Code.	70281

(4) "Telephone company" has the same meaning as in section	70282
5727.01 of the Revised Code.	70283

(B) Beginning in tax year 2005, a telephone company shall be	70284
allowed a nonrefundable credit against the tax imposed by section	70285
5733.06 of the Revised Code equal to the amount of its eligible	70286
nonrecurring 9-1-1 charges. The credit shall be claimed for the	70287
company's taxable year that covers the period in which the 9-1-1	70288
service for which the credit is claimed becomes available for use.	70289
The credit shall be claimed in the order required by section	70290
5733.98 of the Revised Code. If the credit exceeds the total taxes	70291
due under section 5733.06 of the Revised Code for the tax year,	70292
the commissioner shall credit the excess against taxes due under	70293
that section for succeeding tax years until the full amount of the	70294
credit is granted.	70295

(C) After the last day a return, with any extensions, may be	70296
filed by any telephone company that is eligible to claim a credit	70297
under this section, the commissioner shall determine whether the	70298
sum of the credits allowed for prior tax years commencing with tax	70299
year 2005 plus the sum of the credits claimed for the current tax	70300
year exceeds fifteen million dollars. If it does, the credits	70301
allowed under this section for the current tax year shall be	70302
reduced by a uniform percentage such that the sum of the credits	70303
allowed for the current tax year do not exceed fifteen million	70304
dollars claimed by all telephone companies for all tax years.	70305
Thereafter, no credit shall be granted under this section, except	70306
for the remaining portions of any credits allowed under division	70307
(B) of this section.	70308

(D) A telephone company that is entitled to carry forward a	70309
credit against its public utility excise tax liability under	70310
section 5727.39 of the Revised Code is entitled to carry forward	70311
any amount of that credit remaining after its last public utility	70312
excise tax payment for the period of July 1, 2003, through June	70313
30, 2004, and claim that amount as a credit against its	70314
corporation franchise tax liability under this section. Nothing in	70315
this section authorizes a telephone company to claim a credit	70316
under this section for any eligible nonrecurring 9-1-1 charges for	70317
which it has already claimed a credit under section 5727.39 of the	70318
Revised Code.	70319

Sec. 5733.56.  Beginning in tax year 2005, a telephone	70320
company that provides any telephone service program to aid the	70321
communicatively impaired in accessing the telephone network under	70322
section 4905.79 of the Revised Code is allowed a nonrefundable	70323
credit against the tax imposed by section 5733.06 of the Revised	70324
Code. The amount of the credit is the cost incurred by the company	70325
for providing the telephone service program during its taxable	70326
year, excluding any costs incurred prior to July 1, 2004. If the	70327
tax commissioner determines that the credit claimed under this	70328
section by a telephone company was not correct, the commissioner	70329
shall determine the proper credit.	70330

A telephone company shall claim the credit in the order	70331
required by section 5733.98 of the Revised Code. If the credit	70332
exceeds the total taxes due under section 5733.06 of the Revised	70333
Code for the tax year, the commissioner shall credit the excess	70334
against taxes due under that section for succeeding tax years	70335
until the full amount of the credit is granted. Nothing in this	70336
section authorizes a telephone company to claim a credit under	70337
this section for any costs incurred for providing a telephone	70338
service program for which it is claiming a credit under section	70339
5727.44 of the Revised Code.	70340

Sec. 5733.57.  (A) As used in this section:

70341

(1) "Small telephone company" means a telephone company,	70342
existing as such as of January 1, 2003, with twenty-five thousand	70343
or fewer access lines as shown on the company's annual report	70344
filed under section 4905.14 of the Revised Code for the calendar	70345
year immediately preceding the tax year, and is an "incumbent	70346
local exchange carrier" under 47 U.S.C. 251(h).	70347

(2) "Gross receipts tax amount" means the product obtained by	70348
multiplying four and three-fourths per cent by the amount of a	70349
small telephone company's taxable gross receipts, excluding the	70350
deduction of twenty-five thousand dollars, that the tax	70351
commissioner would have determined under section 5727.33 of the	70352
Revised Code for that small telephone company for the annual	70353
period ending on the thirtieth day of June of the calendar year	70354
immediately preceding the tax year, as that section applied in the	70355
measurement period from July 1, 2002, to June 30, 2003.	70356

(3) "Applicable percentage" means one hundred per cent for	70357
tax year 2005; eighty per cent for tax year 2006; sixty per cent	70358
for tax year 2007; forty per cent for tax year 2008; twenty per	70359
cent for tax year 2009; and zero per cent for each subsequent tax	70360
year thereafter.	70361

(4) "Applicable amount" means the amount resulting from	70362
subtracting the gross receipts tax amount from the tax imposed by	70363
sections 5733.06, 5733.065, and 5733.066 of the Revised Code for	70364
the tax year, without regard to any credits available to the small	70365
telephone company.	70366

(B)(1) Except as provided in division (B)(2) of this section,	70367
beginning in tax year 2005, a small telephone company is hereby	70368
allowed a nonrefundable credit against the tax imposed by sections	70369
5733.06, 5733.065, and 5733.066 of the Revised Code, equal to the	70370
product obtained by multiplying the applicable percentage by the	70371
applicable amount. The credit shall be claimed in the order	70372
required by section 5733.98 of the Revised Code.	70373

(2) If the applicable amount for a tax year is less than	70374
zero, a small telephone company shall not be allowed for that tax	70375
year the credit provided under this section.	70376

Sec. 5733.98.  (A) To provide a uniform procedure for	70377
calculating the amount of tax imposed by section 5733.06 of the	70378
Revised Code that is due under this chapter, a taxpayer shall	70379
claim any credits to which it is entitled in the following order,	70380
except as otherwise provided in section 5733.058 of the Revised	70381
Code:	70382

(1) The credit for taxes paid by a qualifying pass-through	70383
entity allowed under section 5733.0611 of the Revised Code;	70384

(2) The credit allowed for financial institutions under	70385
section 5733.45 of the Revised Code;	70386

(3) The credit for qualifying affiliated groups under section	70387
5733.068 of the Revised Code;	70388

(4) The subsidiary corporation credit under section 5733.067	70389
of the Revised Code;	70390

(5) The savings and loan assessment credit under section	70391
5733.063 of the Revised Code;	70392

(6) The credit for recycling and litter prevention donations	70393
under section 5733.064 of the Revised Code;	70394

(7) The credit for employers that enter into agreements with	70395
child day-care centers under section 5733.36 of the Revised Code;	70396

(8) The credit for employers that reimburse employee child	70397
day-care expenses under section 5733.38 of the Revised Code;	70398

(9) The credit for maintaining railroad active grade crossing	70399
warning devices under section 5733.43 of the Revised Code;	70400

(10) The credit for purchases of lights and reflectors under	70401
section 5733.44 of the Revised Code;	70402

(11) The job retention credit under division (B) of section	70403
5733.0610 of the Revised Code;	70404

(12) The credit for losses on loans made under the Ohio	70405
venture capital program under sections 150.01 to 150.10 of ththe	70406
Revised Code if the taxpayer elected a nonrefundable credit under	70407
section 150.07 of the Revised Code;	70408

(13) The credit for purchases of new manufacturing machinery	70409
and equipment under section 5733.31 or section 5733.311 of the	70410
Revised Code;	70411

(14) The second credit for purchases of new manufacturing	70412
machinery and equipment under section 5733.33 of the Revised Code;	70413

(15) The job training credit under section 5733.42 of the	70414
Revised Code;	70415

(16) The credit for qualified research expenses under section	70416
5733.351 of the Revised Code;	70417

(17) The enterprise zone credit under section 5709.66 of the	70418
Revised Code;	70419

(18) The credit for the eligible costs associated with a	70420
voluntary action under section 5733.34 of the Revised Code;	70421

(19) The credit for employers that establish on-site child	70422
day-care under section 5733.37 of the Revised Code;	70423

(20) The ethanol plant investment credit under section	70424
5733.46 of the Revised Code;	70425

(21) The credit for purchases of qualifying grape production	70426
property under section 5733.32 of the Revised Code;	70427

(22) The export sales credit under section 5733.069 of the	70428
Revised Code;	70429

(23) The credit for research and development and technology	70430
transfer investors under section 5733.35 of the Revised Code;	70431

(24) The enterprise zone credits under section 5709.65 of the	70432
Revised Code;	70433

(25) The credit for using Ohio coal under section 5733.39 of	70434
the Revised Code;	70435

(26) The credit for small telephone companies under section	70436
5733.57 of the Revised Code;	70437

(27) The credit for eligible nonrecurring 9-1-1 charges under	70438
section 5733.55 of the Revised Code;	70439

(28) The credit for providing programs to aid the	70440
communicatively impaired under section 5733.56 of the Revised	70441
Code;	70442

(29) The refundable jobs creation credit under division (A)	70443
of section 5733.0610 of the Revised Code;	70444

(27)(30) The refundable credit for tax withheld under	70445
division (B)(2) of section 5747.062 of the Revised Code;	70446

(28)(31) The credit for losses on loans made to the Ohio	70447
venture capital program under sections 150.01 to 150.10 of the	70448
Revised Code if the taxpayer elected a refundable credit under	70449
section 150.07 of the Revised Code.	70450

(B) For any credit except the credits enumerated in divisions	70451
(A)(26), (27),(29), (30), and (28)(31) of this section, the amount	70452
of the credit for a tax year shall not exceed the tax due after	70453
allowing for any other credit that precedes it in the order	70454
required under this section. Any excess amount of a particular	70455
credit may be carried forward if authorized under the section	70456
creating that credit.	70457

Sec. 5735.05.  (A) To provide revenue for maintaining the	70458
state highway system; to widen existing surfaces on such highways;	70459
to resurface such highways; to pay that portion of the	70460
construction cost of a highway project which a county, township,	70461
or municipal corporation normally would be required to pay, but	70462
which the director of transportation, pursuant to division (B) of	70463
section 5531.08 of the Revised Code, determines instead will be	70464
paid from moneys in the highway operating fund; to enable the	70465
counties of the state properly to plan, maintain, and repair their	70466
roads and to pay principal, interest, and charges on bonds and	70467
other obligations issued pursuant to Chapter 133. of the Revised	70468
Code for highway improvements; to enable the municipal	70469
corporations to plan, construct, reconstruct, repave, widen,	70470
maintain, repair, clear, and clean public highways, roads, and	70471
streets, and to pay the principal, interest, and charges on bonds	70472
and other obligations issued pursuant to Chapter 133. of the	70473
Revised Code for highway improvements; to enable the Ohio turnpike	70474
commission to construct, reconstruct, maintain, and repair	70475
turnpike projects; to maintain and repair bridges and viaducts; to	70476
purchase, erect, and maintain street and traffic signs and	70477
markers; to purchase, erect, and maintain traffic lights and	70478
signals; to pay the costs apportioned to the public under sections	70479
4907.47 and 4907.471 of the Revised Code and to supplement revenue	70480
already available for such purposes; to pay the costs incurred by	70481
the public utilities commission in administering sections 4907.47	70482
to 4907.476 of the Revised Code; to distribute equitably among	70483
those persons using the privilege of driving motor vehicles upon	70484
such highways and streets the cost of maintaining and repairing	70485
them; to pay the interest, principal, and charges on highway	70486
capital improvements bonds and other obligations issued pursuant	70487
to Section 2m of Article VIII, Ohio Constitution, and section	70488
151.06 of the Revised Code; to pay the interest, principal, and	70489
charges on highway obligations issued pursuant to Section 2i of	70490
Article VIII, Ohio Constitution, and sections 5528.30 and 5528.31	70491
of the Revised Code; and to provide revenue for the purposes of	70492
sections 1547.71 to 1547.78 of the Revised Code; and to pay the	70493
expenses of the department of taxation incident to the	70494
administration of the motor fuel laws, a motor fuel excise tax is	70495
hereby imposed on all motor fuel dealers upon receipt of motor	70496
fuel within this state at the rate of two cents plus the cents per	70497
gallon rate on each gallon so received, to be computed in the	70498
manner set forth in section 5735.06 of the Revised Code; provided	70499
that no tax is hereby imposed upon the following transactions:	70500

(1) The sale of dyed diesel fuel by a licensed motor fuel	70501
dealer from a location other than a retail service station	70502
provided the licensed motor fuel dealer places on the face of the	70503
delivery document or invoice, or both if both are used, a	70504
conspicuous notice stating that the fuel is dyed and is not for	70505
taxable use, and that taxable use of that fuel is subject to a	70506
penalty. The tax commissioner, by rule, may provide that any	70507
notice conforming to rules or regulations issued by the United	70508
States department of the treasury or the Internal Revenue Service	70509
is sufficient notice for the purposes of division (A)(1) of this	70510
section.	70511

(2) The sale of K-1 kerosene to a retail service station,	70512
except when placed directly in the fuel supply tank of a motor	70513
vehicle. Such sale shall be rebuttably presumed to not be	70514
distributed or sold for use or used to generate power for the	70515
operation of motor vehicles upon the public highways or upon the	70516
waters within the boundaries of this state.	70517

(3) The sale of motor fuel by a licensed motor fuel dealer to	70518
another licensed motor fuel dealer;	70519

(4) The exportation of motor fuel by a licensed motor fuel	70520
dealer from this state to any other state or foreign country;	70521

(5) The sale of motor fuel to the United States government or	70522
any of its agencies, except such tax as is permitted by it, where	70523
such sale is evidenced by an exemption certificate, in a form	70524
approved by the tax commissioner, executed by the United States	70525
government or an agency thereof certifying that the motor fuel	70526
therein identified has been purchased for the exclusive use of the	70527
United States government or its agency;	70528

(6) The sale of motor fuel whichthat is in the process of	70529
transportation in foreign or interstate commerce, except in so far	70530
insofar as it may be taxable under the Constitution and statutes	70531
of the United States, and except as may be agreed upon in writing	70532
by the dealer and the commissioner;	70533

(7) The sale of motor fuel when sold exclusively for use in	70534
the operation of aircraft, where such sale is evidenced by an	70535
exemption certificate prescribed by the commissioner and executed	70536
by the purchaser certifying that the motor fuel purchased has been	70537
purchased for exclusive use in the operation of aircraft;	70538

(8) The sale for exportation of motor fuel by a licensed	70539
motor fuel dealer to a licensed exporter type A;	70540

(9) The sale for exportation of motor fuel by a licensed	70541
motor fuel dealer to a licensed exporter type B, provided that the	70542
destination state motor fuel tax has been paid or will be accrued	70543
and paid by the licensed motor fuel dealer.	70544

(10) The sale to a consumer of diesel fuel, by a motor fuel	70545
dealer for delivery from a bulk lot vehicle, for consumption in	70546
operating a vessel when the use of such fuel in a vessel would	70547
otherwise qualify for a refund under section 5735.14 of the	70548
Revised Code.	70549

Division (A)(1) of this section does not apply to the sale or	70550
distribution of dyed diesel fuel used to operate a motor vehicle	70551
on the public highways or upon water within the boundaries of this	70552
state by persons permitted under regulations of the United States	70553
department of the treasury or of the Internal Revenue Service to	70554
so use dyed diesel fuel.	70555

(B) The two cent motor fuel tax levied by this section is	70556
also for the purpose of paying the expenses of administering and	70557
enforcing the state law relating to the registration and operation	70558
of motor vehicles.	70559

(C) After the tax provided for by this section on the receipt	70560
of any motor fuel has been paid by the motor fuel dealer, the	70561
motor fuel may thereafter be used, sold, or resold by any person	70562
having lawful title to it, without incurring liability for such	70563
tax.	70564

If a licensed motor fuel dealer sells motor fuel received by	70565
the licensed motor fuel dealer to another licensed motor fuel	70566
dealer, the seller may deduct on the report required by section	70567
5735.06 of the Revised Code the number of gallons so sold for the	70568
month within which the motor fuel was sold or delivered. In this	70569
event the number of gallons is deemed to have been received by the	70570
purchaser, who shall report and pay the tax imposed thereon.	70571

Sec. 5735.053. There is hereby created in the state treasury	70572
the motor fuel tax administration fund for the purpose of paying	70573
the expenses of the department of taxation incident to the	70574
administration of the motor fuel laws. After the treasurer of	70575
state credits the tax refund fund out of tax receipts as required	70576
by sections 5735.23, 5735.26, 5735.291, and 5735.30 of the Revised	70577
Code, the treasurer of state shall transfer to the motor fuel tax	70578
administration fund two hundred seventy-five one-thousandths per	70579
cent of the receipts from the taxes levied by sections 5735.05,	70580
5735.25, 5735.29, and 5735.30 of the Revised Code.	70581

Sec. 5735.14. (A) Any person who uses any motor fuel, on	70582
which the tax imposed by this chapter has been paid, for the	70583
purpose of operating stationary gas engines, tractors not used on	70584
public highways, unlicensed motor vehicles used exclusively in	70585
intraplant operations, vessels when used in trade, including	70586
vessels when used in connection with an activity that constitutes	70587
a person's chief business or means of livelihood or any other	70588
vessel used entirely for commercial purposes, vessels used for	70589
commercial fishing, vessels used by the sea scout department of	70590
the boy scouts of America chiefly for training scouts in	70591
seamanship, vessels used or owned by any railroad company,	70592
railroad car ferry company, the United States, this state, or any	70593
political subdivision of this state, or aircraft, or who uses any	70594
such fuel upon which such tax has been paid, for cleaning or for	70595
dyeing, or any purpose other than the operation of motor vehicles	70596
upon highways or upon waters within the boundaries of this state,	70597
shall be reimbursed in the amount of the tax so paid on such motor	70598
fuel as provided in this section; provided, that any person	70599
purchasing motor fuel in this state on which taxes levied under	70600
Title LVII of the Revised Code have been paid shall be reimbursed	70601
for such taxes paid in this state on such fuel used by that person	70602
in another state on which a tax is paid for such usage, except	70603
such tax used as a credit against the tax levied by section	70604
5728.06 of the Revised Code. A person shall not be reimbursed for	70605
taxes paid on fuel that is used while a motor vehicle is idling or	70606
used to provide comfort or safety in the operation of a motor	70607
vehicle. Sales of motor fuel, on which the tax imposed by this	70608
chapter has been paid, from one person to another do not	70609
constitute use of the fuel and are not subject to a refund under	70610
this section.	70611

Such(B) Any person who uses in this state any motor fuel	70612
with water intentionally added to the fuel, on which the taxes	70613
imposed by this chapter or Chapter 5728. of the Revised Code have	70614
been paid, shall be reimbursed in the amount of the taxes so paid	70615
on ninety-five per cent of the water. This division applies only	70616
to motor fuel that contains at least nine per cent water, by	70617
volume.	70618

(C) A person claiming reimbursement under this section shall	70619
file with the tax commissioner an application for refund within	70620
one year from the date of purchase, stating the quantity of fuel	70621
used for the refundable purposes other than the operation of motor	70622
vehiclesin division (A) or (B) of this section, except that no	70623
person shall file a claim for the tax on fewer than one hundred	70624
gallons of motor fuel. An application for refund filed for the	70625
purpose of division (B) of this section also shall state the	70626
quantity of water intentionally added to the motor fuel. No person	70627
shall claim reimbursement under that division on fewer than one	70628
hundred gallons of water. The application shall be accompanied by	70629
the statement described in section 5735.15 of the Revised Code	70630
showing such purchase, together with evidence of payment thereof.	70631

(D) After consideration of the application and statement, the	70632
commissioner shall determine the amount of refund to which the	70633
applicant is entitled. If the amount is not less than that	70634
claimed, the commissioner shall certify the amount to the director	70635
of budget and management and treasurer of state for payment from	70636
the tax refund fund created by section 5703.052 of the Revised	70637
Code. If the amount is less than that claimed, the commissioner	70638
shall proceed in accordance with section 5703.70 of the Revised	70639
Code.	70640

No refund shall be authorized or paid under this section on a	70641
single claim for tax on fewer than one hundred gallons of motor	70642
fuel. And, when water has been intentionally added to fuel, no	70643
refund shall be authorized or paid under this section on a single	70644
claim for tax on fewer than one hundred gallons of water. The	70645
commissioner may require that the application be supported by the	70646
affidavit of the claimant.	70647

The refund authorized by this section or section 5703.70 of	70648
the Revised Code shall be reduced by the cents per gallon amount	70649
of any qualified fuel credit received under section 5735.145 of	70650
the Revised Code, as determined by the commissioner, for each	70651
gallon of qualified fuel included in the total gallonage of motor	70652
fuel upon which the refund is computed.	70653

(E) The right to receive any refund under this section or	70654
section 5703.70 of the Revised Code is not assignable. The payment	70655
of this refund shall not be made to any person other than the	70656
person originally entitled thereto who used the motor fuel upon	70657
which the claim for refund is based, except that such refunds,	70658
when allowed and certified as provided in this section, may be	70659
paid to the executor, the administrator, the receiver, the trustee	70660
in bankruptcy, or the assignee in insolvency proceedings of such	70661
person.	70662

Sec. 5735.142. (A)(1) Any person who uses any motor fuel, on	70663
which the tax imposed by sections 5735.05, 5735.25, and 5735.29 of	70664
the Revised Code has been paid, for the purpose of operating a	70665
transit bus shall be reimbursed in the amount of the tax paid on	70666
motor fuel used by public transportation systems providing transit	70667
or paratransit service on a regular and continuing basis within	70668
the state;	70669

(2) A city, exempted village, joint vocational, or local	70670
school district or educational service center that usespurchases	70671
any motor fuel for school district or service center operations,	70672
on which any tax imposed by section 5735.29 of the Revised Code	70673
that became effective on or after July 1, 2003, has been paid,	70674
may, if an application is filed under this section, be reimbursed	70675
in the amount of all but two cents per gallon of thatthe total	70676
tax imposed by such section and paid on motor fuel, used for	70677
providing transportation for pupils in a vehicle the district owns	70678
or leases.	70679

(B) Such person, school district, or educational service	70680
center shall file with the tax commissioner an application for	70681
refund within one year from the date of purchase, stating the	70682
quantity of fuel used for operating transit buses used by local	70683
transit systems in furnishing scheduled common carrier, public	70684
passenger land transportation service along regular routes	70685
primarily in one or more municipal corporations or for operating	70686
vehicles used byfor school districts to transport pupilsdistrict	70687
or service center operations. However, no person shall file a	70688
claim shall be made for the tax on fewer than one hundred gallons	70689
of motor fuel. A school district or educational service center	70690
shall not apply for a refund for any tax paid on motor fuel that	70691
is sold by the district or educational service center. The	70692
application shall be accompanied by the statement described in	70693
section 5735.15 of the Revised Code showing the purchase, together	70694
with evidence of payment thereof.	70695

(C) After consideration of the application and statement, the	70696
commissioner shall determine the amount of refund to which the	70697
applicant is entitled. If the amount is not less than that	70698
claimed, the commissioner shall certify the amount to the director	70699
of budget and management and treasurer of state for payment from	70700
the tax refund fund created by section 5703.052 of the Revised	70701
Code. If the amount is less than that claimed, the commissioner	70702
shall proceed in accordance with section 5703.70 of the Revised	70703
Code.	70704

The commissioner may require that the application be	70705
supported by the affidavit of the claimant. No refund shall be	70706
authorized or ordered for any single claim for the tax on fewer	70707
than one hundred gallons of motor fuel. No refund shall be	70708
authorized or ordered on motor fuel that is sold by a school	70709
district or educational service center.	70710

(D) The refund authorized by this section or section 5703.70	70711
of the Revised Code shall be reduced by the cents per gallon	70712
amount of any qualified fuel credit received under section	70713
5735.145 of the Revised Code, as determined by the commissioner,	70714
for each gallon of qualified fuel included in the total gallonage	70715
of motor fuel upon which the refund is computed.	70716

(E) The right to receive any refund under this section or	70717
section 5703.70 of the Revised Code is not assignable. The payment	70718
of this refund shall not be made to any person or entity other	70719
than the person or entity originally entitled thereto who used the	70720
motor fuel upon which the claim for refund is based, except that	70721
the refund when allowed and certified, as provided in this	70722
section, may be paid to the executor, the administrator, the	70723
receiver, the trustee in bankruptcy, or the assignee in insolvency	70724
proceedings of the person.	70725

Sec. 5735.15.  When motor fuel is sold to a person who claims	70726
to be entitled to a refund under section 5735.14 or 5735.142 of	70727
the Revised Code, the seller of such motor fuel shall make out in	70728
duplicate on forms prescribed and supplied by the tax	70729
commissioner, which forms shall have printed thereonprovide to	70730
the person documentation that indicates that the liability to the	70731
state for the excise tax imposed under the motor fuel laws of this	70732
state on such motor fuel has been assumed by the seller, and that	70733
said excise tax has already been paid or will be paid by the	70734
seller when the same becomes payable, a statement setting. The	70735
documentation also shall set forth the name and address of the	70736
purchaser, the number of gallons of motor fuel sold, the price	70737
paid for or the price per gallon of the motor fuel sold, the	70738
proposed use for which such motor fuel is purchased, and such	70739
other information as the commissioner requires. When motor fuel is	70740
sold to a person who claims to be entitled to reimbursement under	70741
division (B) of section 5735.14 of the Revised Code, the	70742
documentation also shall state the number of gallons of water	70743
intentionally added to the motor fuel. The original of such	70744
statementdocumentation shall be given to the purchaser, and the	70745
duplicatea copy shall be retained by the seller.	70746

Sec. 5735.19. (A) The tax commissioner may examine, during	70747
the usual business hours of the day, the records, books, and	70748
papersinvoices, storage tanks, and any other equipment of any	70749
motor fuel dealer, retail dealer, exporter, terminal operator,	70750
purchaser, or common carrier pertaining to motor fuel received,	70751
sold, shipped, or delivered, to determine whether the taxes	70752
imposed by this chapter have been paid and to verify the truth and	70753
accuracy of any statement, report, or return. The	70754

(B) The tax commissioner may, in the enforcement of the motor	70755
fuel laws of this state, hold hearings, take the testimony of any	70756
person, issue subpoenas and compel the attendance of witnesses,	70757
and conduct such investigations as the commissioner deems	70758
necessary, but no person shall disclose the information acquired	70759
by the commissioner under this section, except when required to do	70760
so in court. Such information or evidence is not privileged when	70761
used by the state or any officer thereof in any proceeding for the	70762
collection of the tax, or any prosecution for violation of the	70763
motor fuel laws.	70764

(C) The commissioner may prescribe all forms upon which	70765
reports shall be made to the commissioner, forms for claims for	70766
refund presented to the commissioner, or forms of records to be	70767
used by motor fuel dealers.	70768

(D)(1) As used in this division, "designated inspection site"	70769
means any state highway inspection station, weigh station, mobile	70770
station, or other similar location designated by the tax	70771
commissioner to be used as a fuel inspection site.	70772

(2) An employee of the department of taxation that is so	70773
authorized by the tax commissioner may physically inspect,	70774
examine, or otherwise search any tank, reservoir, or other	70775
container that can or may be used for the production, storage, or	70776
transportation of fuel, fuel dyes, or fuel markers, and books and	70777
records, if any, that are maintained at the place of inspection	70778
and are kept to determine tax liability under this chapter.	70779
Inspections may be performed at any place at which motor fuel is	70780
or may be produced or stored, or at any designated inspection	70781
site.	70782

(3) An employee of the department of taxation who is a duly	70783
authorized enforcement agent may detain any motor vehicle, train,	70784
barge, ship, or vessel for the purpose of inspecting its fuel	70785
tanks and storage tanks. Detainment shall be on the premises under	70786
inspection or at a designated inspection site. Detainment may	70787
continue for a reasonable period of time as is necessary to	70788
determine the amount and composition of the fuel.	70789

(4) Any employee described in division (D)(2) or (3) of this	70790
section who has been properly trained may take and remove samples	70791
of fuel in quantities as are reasonably necessary to determine the	70792
composition of the fuel.	70793

(5) No person shall refuse to allow an inspection under	70794
division (D) of this section. Any person who refuses to allow an	70795
inspection shall be subject to revocation or cancellation of any	70796
license or permit issued under Chapter 5728. or 5735. of the	70797
Revised Code.	70798

Sec. 5735.23.  (A) Out of receipts from the tax levied by	70799
section 5735.05 of the Revised Code, the treasurer of state shall	70800
place to the credit of the tax refund fund established by section	70801
5703.052 of the Revised Code amounts equal to the refunds	70802
certified by the tax commissioner pursuant to sections 5735.13,	70803
5735.14, 5735.141, 5735.142, and 5735.16 of the Revised Code. The	70804
treasurer of state shall then transfer the amount required by	70805
section 5735.051 of the Revised Code to the waterways safety fund	70806
and, the amount required by section 4907.472 of the Revised Code	70807
to the grade crossing protection fund, and the amount required by	70808
section 5735.053 of the Revised Code to the motor fuel tax	70809
administration fund.	70810

(B) Except as provided in division (D) of this section, each	70811
month the balance of the receipts from the tax levied by section	70812
5735.05 of the Revised Code shall be credited, after receipt by	70813
the treasurer of state of certification from the commissioners of	70814
the sinking fund, as required by section 5528.35 of the Revised	70815
Code, that there are sufficient moneys to the credit of the	70816
highway obligations bond retirement fund to meet in full all	70817
payments of interest, principal, and charges for the retirement of	70818
highway obligations issued pursuant to Section 2i of Article VIII,	70819
Ohio Constitution, and sections 5528.30 and 5528.31 of the Revised	70820
Code due and payable during the current calendar year, as follows:	70821

(1) To the state and local government highway distribution	70822
fund, which is hereby created in the state treasury, an amount	70823
that is the same percentage of the balance to be credited as that	70824
portion of the tax per gallon determined under division (B)(2)(a)	70825
of section 5735.06 of the Revised Code is of the total tax per	70826
gallon determined under divisions (B)(2)(a) and (b) of that	70827
section.	70828

(2) After making the distribution to the state and local	70829
government highway distribution fund, the remainder shall be	70830
credited as follows:	70831

(a) Thirty per cent to the gasoline excise tax fund for	70832
distribution pursuant to division (A)(1) of section 5735.27 of the	70833
Revised Code;	70834

(b) Twenty-five per cent to the gasoline excise tax fund for	70835
distribution pursuant to division (A)(3) of section 5735.27 of the	70836
Revised Code;	70837

(c) Except as provided in division (D) of this section,	70838
forty-five per cent to the highway operating fund for distribution	70839
pursuant to division (B)(1) of section 5735.27 of the Revised	70840
Code.	70841

(C) From the balance in the state and local government	70842
highway distribution fund on the last day of each month there	70843
shall be paid the following amounts:	70844

(1) To the local transportation improvement program fund	70845
created by section 164.14 of the Revised Code, an amount equal to	70846
a fraction of the balance in the state and local government	70847
highway distribution fund, the numerator of which fraction is one	70848
and the denominator of which fraction is that portion of the tax	70849
per gallon determined under division (B)(2)(a) of section 5735.06	70850
of the Revised Code;	70851

(2) An amount equal to five cents multiplied by the number of	70852
gallons of motor fuel sold at stations operated by the Ohio	70853
turnpike commission, such gallonage to be certified by the	70854
commission to the treasurer of state not later than the last day	70855
of the month following. The funds paid to the commission pursuant	70856
to this section shall be expended for the construction,	70857
reconstruction, maintenance, and repair of turnpike projects,	70858
except that the funds may not be expended for the construction of	70859
new interchanges. The funds also may be expended for the	70860
construction, reconstruction, maintenance, and repair of those	70861
portions of connecting public roads that serve existing	70862
interchanges and are determined by the commission and the director	70863
of transportation to be necessary for the safe merging of traffic	70864
between the turnpike and those public roads.	70865

The remainder of the balance shall be distributed as follows	70866
on the fifteenth day of the following month:	70867

(a) Ten and seven-tenths per cent shall be paid to municipal	70868
corporations for distribution pursuant to division (A)(1) of	70869
section 5735.27 of the Revised Code and may be used for any	70870
purpose for which payments received under that division may be	70871
used. Beginning August 15, 2004, the sum of two hundred	70872
forty-eight thousand six hundred twenty-five dollars shall be	70873
annuallymonthly subtracted from the amount so computed and	70874
credited to the highway operating fund.	70875

(b) Five per cent shall be paid to townships for distribution	70876
pursuant to division (A)(5) of section 5735.27 of the Revised Code	70877
and may be used for any purpose for which payments received under	70878
that division may be used. Beginning August 15, 2004, the sum of	70879
eighty-seven thousand seven hundred fifty dollars shall be	70880
annuallymonthly subtracted from the amount so computed and	70881
credited to the highway operating fund.	70882

(c) Nine and three-tenths per cent shall be paid to counties	70883
for distribution pursuant to division (A)(3) of section 5735.27 of	70884
the Revised Code and may be used for any purpose for which	70885
payments received under that division may be used. Beginning	70886
August 15, 2004, the sum of two hundred forty-eight thousand six	70887
hundred twenty-five dollars shall be annuallymonthly subtracted	70888
from the amount so computed and credited to the highway operating	70889
fund.	70890

(d) Except as provided in division (D) of this section, the	70891
balance shall be transferred to the highway operating fund and	70892
used for the purposes set forth in division (B)(1) of section	70893
5735.27 of the Revised Code.	70894

(D) Beginning on the first day of September each fiscal year,	70895
any amounts required to be credited or transferred to the highway	70896
operating fund pursuant to division (B)(2)(c) or (C)(2)(d) of this	70897
section shall be credited or transferred to the highway capital	70898
improvement bond service fund created in section 151.06 of the	70899
Revised Code, until such time as the office of budget and	70900
management receives certification from the treasurer of state or	70901
the treasurer of state's designee that sufficient money has been	70902
credited or transferred to the bond service fund to meet in full	70903
all payments of debt service and financing costs due during the	70904
fiscal year from that fund.	70905

Sec. 5735.26.  The treasurer of state shall place to the	70906
credit of the tax refund fund created by section 5703.052 of the	70907
Revised Code, out of receipts from the tax levied by section	70908
5735.25 of the Revised Code, amounts equal to the refunds	70909
certified by the tax commissioner pursuant to sections 5735.142	70910
and 5735.25 of the Revised Code, which shall be paid from such	70911
fund. Receipts from the tax shall be used by the tax commissioner	70912
for the maintenance and administration of the motor fuel laws. The	70913
treasurer of state shall then transfer the amount required by	70914
section 5735.051 of the Revised Code to the waterways safety fund	70915
and the amount required by section 5735.053 of the Revised Code to	70916
the motor fuel tax administration fund.	70917

The balance of taxes collected under section 5735.25 of the	70918
Revised Code shall be credited as follows, after the credits to	70919
the tax refund fund, and after deduction of the cost of	70920
administration of the motor fuel laws, and after the transfer	70921
transfers to the waterways safety fund and motor fuel tax	70922
administration fund, and after receipt by the treasurer of state	70923
of certifications from the commissioners of the sinking fund	70924
certifying, as required by sections 5528.15 and 5528.35 of the	70925
Revised Code, there are sufficient moneys to the credit of the	70926
highway improvement bond retirement fund to meet in full all	70927
payments of interest, principal, and charges for the retirement of	70928
bonds and other obligations issued pursuant to Section 2g of	70929
Article VIII, Ohio Constitution, and sections 5528.10 and 5528.11	70930
of the Revised Code due and payable during the current calendar	70931
year, and that there are sufficient moneys to the credit of the	70932
highway obligations bond retirement fund to meet in full all	70933
payments of interest, principal, and charges for the retirement of	70934
highway obligations issued pursuant to Section 2i of Article VIII,	70935
Ohio Constitution, and sections 5528.30 and 5528.31 of the Revised	70936
Code due and payable during the current calendar year:	70937

(A) Sixty-seven and one-half per cent to the highway	70938
operating fund for distribution pursuant to division (B)(2) of	70939
section 5735.27 of the Revised Code;	70940

(B) Seven and one-half per cent to the gasoline excise tax	70941
fund for distribution pursuant to division (A)(2) of such section;	70942

(C) Seven and one-half per cent to the gasoline excise tax	70943
fund for distribution pursuant to division (A)(4) of such section;	70944

(D) Seventeen and one-half per cent to the gasoline excise	70945
tax fund for distribution pursuant to division (A)(5) of such	70946
section.	70947

Sec. 5735.291.  (A) The treasurer of state shall place to the	70948
credit of the tax refund fund created by section 5703.052 of the	70949
Revised Code, out of receipts from the tax levied by section	70950
5735.29 of the Revised Code, amounts equal to the refunds	70951
certified by the tax commissioner pursuant to sections 5735.142	70952
and 5735.29 of the Revised Code. The refunds provided for by	70953
sections 5735.142 and 5735.29 of the Revised Code shall be paid	70954
from such fund. The treasurer of state shall then transfer the	70955
amount required by section 5735.051 of the Revised Code to the	70956
waterways safety fund and the amount required by section 5735.053	70957
of the Revised Code to the motor fuel tax administration fund. The	70958

The specified portion of the balance of taxes collected under	70959
section 5735.29 of the Revised Code, after the credits to the tax	70960
refund fund, and after the transfertransfers to the waterways	70961
safety fund and the motor fuel tax administration fund, shall be	70962
credited to the gasoline excise tax fund. Subject to division (B)	70963
of this section, forty-two and eighty-six hundredths per cent of	70964
the specified portion shall be distributed among the municipal	70965
corporations within the state in accordance with division (A)(2)	70966
of section 5735.27 of the Revised Code, thirty-seven and fourteen	70967
hundredths per cent of the specified portion shall be distributed	70968
among the counties within the state in accordance with division	70969
(A)(3) of section 5735.27 of the Revised Code, and twenty per cent	70970
of the specified portion shall be combined with twenty per cent of	70971
any amounts transferred from the highway operating fund to the	70972
gasoline excise tax fund through biennial appropriations acts of	70973
the general assembly pursuant to the planned phase-in of a new	70974
source of funding for the state highway patrol, and shall be	70975
distributed among the townships within the state in accordance	70976
with division (A)(5)(b)of section 5735.27 of the Revised Code.	70977
Subject to division (B) of this section, the remainder of the tax	70978
levied by section 5735.29 of the Revised Code after receipt by the	70979
treasurer of state of certifications from the commissioners of the	70980
sinking fund certifying, as required by sections 5528.15 and	70981
5528.35 of the Revised Code, that there are sufficient moneys to	70982
the credit of the highway improvement bond retirement fund created	70983
by section 5528.12 of the Revised Code to meet in full all	70984
payments of interest, principal, and charges for the retirement of	70985
bonds and other obligations issued pursuant to Section 2g of	70986
Article VIII, Ohio Constitution, and sections 5528.10 and 5528.11	70987
of the Revised Code due and payable during the current calendar	70988
year, and that there are sufficient moneys to the credit of the	70989
highway obligations bond retirement fund created by section	70990
5528.32 of the Revised Code to meet in full all payments of	70991
interest, principal, and charges for the retirement of highway	70992
obligations issued pursuant to Section 2i of Article VIII, Ohio	70993
Constitution, and sections 5528.30 and 5528.31 of the Revised Code	70994
due and payable during the current calendar year, shall be	70995
credited to the highway operating fund, which is hereby created in	70996
the state treasury and shall be used solely for the purposes	70997
enumerated in section 5735.29 of the Revised Code. All investment	70998
earnings of the fund shall be credited to the fund.	70999

(B)(1) Effective August 15, 2003, prior to the distribution	71000
from the gasoline excise tax fund to municipal corporations of the	71001
forty-two and eighty-six hundredths per cent of the specified	71002
portion as provided in division (A) of this section, the	71003
department of taxation shall deduct thirty-three and one-third per	71004
cent of the amount specified in division (A)(5)(c) of section	71005
5735.27 of the Revised Code and use it for distribution to	71006
townships pursuant to division (A)(5)(b) of that section.	71007

(2) Effective August 15, 2003, prior to the distribution from	71008
the gasoline excise tax fund to counties of the thirty-seven and	71009
fourteen hundredths per cent of the specified portion as provided	71010
in division (A) of this section, the department of taxation shall	71011
deduct thirty-three and one-third per cent of the amount specified	71012
in division (A)(5)(c) of section 5735.27 of the Revised Code and	71013
use it for distribution to townships pursuant to division	71014
(A)(5)(b) of that section.	71015

(3) Effective August 15, 2003, prior to crediting any revenue	71016
resulting from the tax levied by section 5735.29 of the Revised	71017
Code to the highway operating fund, the department of taxation	71018
shall deduct thirty-three and one-third per cent of the amount	71019
specified in division (A)(5)(c) of section 5735.27 of the Revised	71020
Code and use it for distribution to townships pursuant to division	71021
(A)(5)(b) of that section.	71022

(C) As used in this section, "specified portion" means all of	71023
the following:	71024

(1) Until August 15, 2003, none of the taxes collected under	71025
section 5735.29 of the Revised Code;	71026

(2) Effective August 15, 2003, one-eighth of the balance of	71027
taxes collected under section 5735.29 of the Revised Code, after	71028
the credits to the tax refund fund and after the transfer	71029
transfers to the waterways safety fund and the motor fuel tax	71030
administration fund;	71031

(3) Effective August 15, 2004, one-sixth of the balance of	71032
taxes described in division (C)(2) of this section;	71033

(4) Effective August 15, 2005, three-sixteenths of the	71034
balance of taxes described in division (C)(2) of this section.	71035

Sec. 5735.30. (A) For the purpose of providing funds to pay	71036
the state's share of the cost of constructing and reconstructing	71037
highways and eliminating railway grade crossings on the major	71038
thoroughfares of the state highway system and urban extensions	71039
thereof, to pay that portion of the construction cost of a highway	71040
project which a county, township, or municipal corporation	71041
normally would be required to pay, but which the director of	71042
transportation, pursuant to division (B) of section 5531.08 of the	71043
Revised Code, determines instead will be paid from moneys in the	71044
highway operating fund, to pay the interest, principal, and	71045
charges on bonds and other obligations issued pursuant to Section	71046
2g of Article VIII, Ohio Constitution, and sections 5528.10 and	71047
5528.11 of the Revised Code, to pay the interest, principal, and	71048
charges on highway obligations issued pursuant to Section 2i of	71049
Article VIII, Ohio Constitution, and sections 5528.30 and 5528.31	71050
of the Revised Code, and to provide revenues for the purposes of	71051
sections 1547.71 to 1547.78 of the Revised Code, and to pay the	71052
expenses of the department of taxation incident to the	71053
administration of the motor fuel laws, a motor fuel excise tax is	71054
hereby imposed on all motor fuel dealers upon their receipt of	71055
motor fuel within the state, at the rate of one cent on each	71056
gallon so received, to be reported, computed, paid, collected,	71057
administered, enforced, refunded, and subject to the same	71058
exemptions and penalties as provided in this chapter of the	71059
Revised Code.	71060

The tax imposed by this section shall be in addition to the	71061
tax imposed by sections 5735.05, 5735.25, and 5735.29 of the	71062
Revised Code.	71063

(B) The treasurer of state shall place to the credit of the	71064
tax refund fund created by section 5703.052 of the Revised Code,	71065
out of receipts from the tax levied by this section, amounts equal	71066
to the refunds certified by the tax commissioner pursuant to this	71067
section. The refund provided for by the first paragraphdivision	71068
(A) of this section shall be paid from such fund. The treasurer	71069
shall then transfer the amount required by section 5735.051 of the	71070
Revised Code to the waterways safety fund and the amount required	71071
by section 5735.053 of the Revised Code to the motor fuel tax	71072
administration fund. The balance of taxes for which the liability	71073
has become fixed prior to July 1, 1955, under this section, after	71074
the credit to the tax refund fund, shall be credited to the	71075
highway operating fund.	71076

(C)(1) The moneys derived from the tax levied by this	71077
section, after the credit to the tax refund fund and the waterways	71078
safety fund as providedand transfers required by division (B) of	71079
this section, shall, during each calendar year, be credited to the	71080
highway improvement bond retirement fund created by section	71081
5528.12 of the Revised Code, until the commissioners of the	71082
sinking fund certify to the treasurer of state, as required by	71083
section 5528.17 of the Revised Code, that there are sufficient	71084
moneys to the credit of the highway improvement bond retirement	71085
fund to meet in full all payments of interest, principal, and	71086
charges for the retirement of bonds and other obligations issued	71087
pursuant to Section 2g of Article VIII, Ohio Constitution, and	71088
sections 5528.10 and 5528.11 of the Revised Code due and payable	71089
during the current calendar year and during the next succeeding	71090
calendar year. From the date of the receipt of the certification	71091
required by section 5528.17 of the Revised Code by the treasurer	71092
of state until the thirty-first day of December of the calendar	71093
year in which such certification is made, all moneys received in	71094
the state treasury from the tax levied by this section, after the	71095
credit to the tax refund fund and the waterways safety fund as	71096
providedand transfers required by division (B) of this section,	71097
shall be credited to the highway obligations bond retirement fund	71098
created by section 5528.32 of the Revised Code, until the	71099
commissioners of the sinking fund certify to the treasurer of	71100
state, as required by section 5528.38 of the Revised Code, that	71101
there are sufficient moneys to the credit of the highway	71102
obligations bond retirement fund to meet in full all payments of	71103
interest, principal, and charges for the retirement of obligations	71104
issued pursuant to Section 2i of Article VIII, Ohio Constitution,	71105
and sections 5528.30 and 5528.31 of the Revised Code due and	71106
payable during the current calendar year and during the next	71107
succeeding calendar year. From	71108

(2) From the date of the receipt of the certification	71109
required by section 5528.38 of the Revised Code by the treasurer	71110
of state until the thirty-first day of December of the calendar	71111
year in which such certification is made, all moneys received in	71112
the state treasury from the tax levied by this section, after the	71113
credit to the tax refund fund and the waterways safety fund as	71114
providedand transfers required by division (B) of this section,	71115
shall be credited to the highway operating fund, except as	71116
provided in the next succeeding paragraphdivision (C)(3) of this	71117
section.	71118

(3) From the date of the receipt by the treasurer of state of	71119
certifications from the commissioners of the sinking fund, as	71120
required by sections 5528.18 and 5528.39 of the Revised Code,	71121
certifying that the moneys to the credit of the highway	71122
improvement bond retirement fund are sufficient to meet in full	71123
all payments of interest, principal, and charges for the	71124
retirement of all bonds and other obligations which may be issued	71125
pursuant to Section 2g of Article VIII, Ohio Constitution, and	71126
sections 5528.10 and 5528.11 of the Revised Code, and to the	71127
credit of the highway obligations bond retirement fund are	71128
sufficient to meet in full all payments of interest, principal,	71129
and charges for the retirement of all obligations issued pursuant	71130
to Section 2i of Article VIII, Ohio Constitution, and sections	71131
5528.30 and 5528.31 of the Revised Code, the moneys derived from	71132
the tax levied by this section, after the credit to the tax refund	71133
fund and the waterways safety fund as providedand transfers	71134
required by division (B) of this section, shall be credited to the	71135
highway operating fund.	71136

Sec. 5735.99.  (A) Whoever violates division (F) of section	71137
5735.02, division (D) of section 5735.021, division (B) of section	71138
5735.063, division (B) of section 5735.064, or division (A)(2) of	71139
section 5735.20 of the Revised Code is guilty of a misdemeanor of	71140
the first degree.	71141

(B) Whoever violates division (E) of section 5735.06 of the	71142
Revised Code is guilty of a felony of the fourth degree.	71143

(C) Whoever violates section 5735.025 or division (A)(1) of	71144
section 5735.20 of the Revised Code is guilty of a misdemeanor of	71145
the first degree, if the tax owed or the fraudulent refund	71146
received is not greater than five hundred dollars. If the tax owed	71147
or the fraudulent refund received is greater than five hundred	71148
dollars but not greater than ten thousand dollars, the offender is	71149
guilty of a felony of the fourth degree; for each subsequent	71150
offense when the tax owed or the fraudulent refund received is	71151
greater than five hundred dollars but not greater than ten	71152
thousand dollars, the offender is guilty of a felony of the third	71153
degree. If the tax owed or the fraudulent refund received is	71154
greater than ten thousand dollars, the offender is guilty of a	71155
felony of the second degree.	71156

(D) Whoever violates a provision of this chapter for which a	71157
penalty is not otherwise prescribed under this section is guilty	71158
of a misdemeanor of the fourth degree.	71159

(E) Whoever violates division (D)(5) of section 5735.19 of	71160
the Revised Code is guilty of a misdemeanor of the first degree.	71161

Sec. 5739.01.  As used in this chapter:

71162

(A) "Person" includes individuals, receivers, assignees,	71163
trustees in bankruptcy, estates, firms, partnerships,	71164
associations, joint-stock companies, joint ventures, clubs,	71165
societies, corporations, the state and its political subdivisions,	71166
and combinations of individuals of any form.	71167

(B) "Sale" and "selling" include all of the following	71168
transactions for a consideration in any manner, whether absolutely	71169
or conditionally, whether for a price or rental, in money or by	71170
exchange, and by any means whatsoever:	71171

(1) All transactions by which title or possession, or both,	71172
of tangible personal property, is or is to be transferred, or a	71173
license to use or consume tangible personal property is or is to	71174
be granted;	71175

(2) All transactions by which lodging by a hotel is or is to	71176
be furnished to transient guests;	71177

(3) All transactions by which:

71178

(a) An item of tangible personal property is or is to be	71179
repaired, except property, the purchase of which would not be	71180
subject to the tax imposed by section 5739.02 of the Revised Code;	71181

(b) An item of tangible personal property is or is to be	71182
installed, except property, the purchase of which would not be	71183
subject to the tax imposed by section 5739.02 of the Revised Code	71184
or property that is or is to be incorporated into and will become	71185
a part of a production, transmission, transportation, or	71186
distribution system for the delivery of a public utility service;	71187

(c) The service of washing, cleaning, waxing, polishing, or	71188
painting a motor vehicle is or is to be furnished;	71189

(d) Industrial laundryLaundry and dry cleaning services are	71190
or are to be provided;	71191

(e) Automatic data processing, computer services, or	71192
electronic information services are or are to be provided for use	71193
in business when the true object of the transaction is the receipt	71194
by the consumer of automatic data processing, computer services,	71195
or electronic information services rather than the receipt of	71196
personal or professional services to which automatic data	71197
processing, computer services, or electronic information services	71198
are incidental or supplemental. Notwithstanding any other	71199
provision of this chapter, such transactions that occur between	71200
members of an affiliated group are not sales. An affiliated group	71201
means two or more persons related in such a way that one person	71202
owns or controls the business operation of another member of the	71203
group. In the case of corporations with stock, one corporation	71204
owns or controls another if it owns more than fifty per cent of	71205
the other corporation's common stock with voting rights.	71206

(f) Telecommunications service, other than mobile	71207
telecommunications service after July 31, 2002, is or is to be	71208
provided that originates or terminates in this state and is	71209
charged in the records of the telecommunications service vendor to	71210
the consumer's telephone number or account in this state, or that	71211
both originates and terminates in this state;, but does not	71212
include transactions by which telecommunications service is paid	71213
for by using a prepaid authorization number or prepaid telephone	71214
calling card, or by which local telecommunications service is	71215
obtained from a coin-operated telephone and paid for by using	71216
coin;	71217

(g) Landscaping and lawn care service is or is to be	71218
provided;	71219

(h) Private investigation and security service is or is to be	71220
provided;	71221

(i) Information services or tangible personal property is	71222
provided or ordered by means of a nine hundred telephone call;	71223

(j) Building maintenance and janitorial service is or is to	71224
be provided;	71225

(k) Employment service is or is to be provided;

71226

(l) Employment placement service is or is to be provided;

71227

(m) Exterminating service is or is to be provided;

71228

(n) Physical fitness facility service is or is to be	71229
provided;	71230

(o) Recreation and sports club service is or is to be	71231
provided.	71232

(p) After July 31, 2002, mobile telecommunications service is	71233
or is to be provided in this state when that service is sitused to	71234
this state pursuant to the "Mobile Telecommunications Sourcing	71235
Act," P. Pub. L. No. 106-252, 114 Stat. 626 to 632 (2000), 4	71236
U.S.C.A. 116 to 126, as amended.	71237

(q) Satellite broadcasting service is or is to be provided;

71238

(r) Personal care service is or is to be provided to an	71239
individual. As used in this division, "personal care service"	71240
includes skin care, the application of cosmetics, manicuring,	71241
pedicuring, hair removal, tattooing, body piercing, tanning,	71242
massage, and other similar services. "Personal care service" does	71243
not include a service provided by individuals licensed under Title	71244
XLVII of the Revised Code who are authorized to perform	71245
therapeutic massage pursuant to their scope of practice, or the	71246
cutting, coloring, or styling of an individual's hair.	71247

(s) The transportation of persons by motor vehicle or	71248
aircraft is or is to be provided, when the point of origin and the	71249
point of termination are both within this state, except for	71250
transportation provided by an ambulance service, by a transit bus,	71251
as defined in section 5735.01 of the Revised Code, and	71252
transportation provided by a citizen of the United States holding	71253
a certificate of public convenience and necessity issued under 49	71254
U.S.C. 41102;	71255

(t) Motor vehicle towing service is or is to be provided. As	71256
used in this division, "motor vehicle towing service" means the	71257
towing or conveyance of a wrecked, disabled, or illegally parked	71258
motor vehicle.	71259

(u) Snow removal service is or is to be provided. As used in	71260
this division, "snow removal" means the removal of snow by any	71261
mechanized means.	71262

(4) All transactions by which printed, imprinted,	71263
overprinted, lithographic, multilithic, blueprinted, photostatic,	71264
or other productions or reproductions of written or graphic matter	71265
are or are to be furnished or transferred;	71266

(5) The production or fabrication of tangible personal	71267
property for a consideration for consumers who furnish either	71268
directly or indirectly the materials used in the production of	71269
fabrication work; and include the furnishing, preparing, or	71270
serving for a consideration of any tangible personal property	71271
consumed on the premises of the person furnishing, preparing, or	71272
serving such tangible personal property. Except as provided in	71273
section 5739.03 of the Revised Code, a construction contract	71274
pursuant to which tangible personal property is or is to be	71275
incorporated into a structure or improvement on and becoming a	71276
part of real property is not a sale of such tangible personal	71277
property. The construction contractor is the consumer of such	71278
tangible personal property, provided that the sale and	71279
installation of carpeting, the sale and installation of	71280
agricultural land tile, the sale and erection or installation of	71281
portable grain bins, or the provision of landscaping and lawn care	71282
service and the transfer of property as part of such service is	71283
never a construction contract. The transfer of copyrighted motion	71284
picture films for exhibition purposes is not a sale, except such	71285
films as are used solely for advertising purposes. Other than as	71286
provided in this section, "sale" and "selling" do not include	71287
transfers of interest in leased property where the original lessee	71288
and the terms of the original lease agreement remain unchanged, or	71289
professional, insurance, or personal service transactions that	71290
involve the transfer of tangible personal property as an	71291
inconsequential element, for which no separate charges are made.	71292

As used in division (B)(5) of this section:

71293

(a) "Agricultural land tile" means fired clay or concrete	71294
tile, or flexible or rigid perforated plastic pipe or tubing,	71295
incorporated or to be incorporated into a subsurface drainage	71296
system appurtenant to land used or to be used directly in	71297
production by farming, agriculture, horticulture, or floriculture.	71298
The term does not include such materials when they are or are to	71299
be incorporated into a drainage system appurtenant to a building	71300
or structure even if the building or structure is used or to be	71301
used in such production.	71302

(b) "Portable grain bin" means a structure that is used or to	71303
be used by a person engaged in farming or agriculture to shelter	71304
the person's grain and that is designed to be disassembled without	71305
significant damage to its component parts.	71306

(6) All transactions in which all of the shares of stock of a	71307
closely held corporation are transferred, if the corporation is	71308
not engaging in business and its entire assets consist of boats,	71309
planes, motor vehicles, or other tangible personal property	71310
operated primarily for the use and enjoyment of the shareholders;	71311

(7) All transactions in which a warranty, maintenance or	71312
service contract, or similar agreement by which the vendor of the	71313
warranty, contract, or agreement agrees to repair or maintain the	71314
tangible personal property of the consumer is or is to be	71315
provided;	71316

(8) All transactions by which a prepaid authorization number	71317
or a prepaid telephone calling card is or is to be transferredAll	71318
transactions by which tangible personal property is or is to be	71319
stored, except such property that the consumer of the storage	71320
holds for sale in the regular course of business.	71321

Except as provided in this section, "sale" and "selling" do	71322
not include transfers of interest in leased property where the	71323
original lessee and the terms of the original lease agreement	71324
remain unchanged, or professional, insurance, or personal service	71325
transactions that involve the transfer of tangible personal	71326
property as an inconsequential element, for which no separate	71327
charges are made.	71328

(C) "Vendor" means the person providing the service or by	71329
whom the transfer effected or license given by a sale is or is to	71330
be made or given and, for sales described in division (B)(3)(i) of	71331
this section, the telecommunications service vendor that provides	71332
the nine hundred telephone service; if two or more persons are	71333
engaged in business at the same place of business under a single	71334
trade name in which all collections on account of sales by each	71335
are made, such persons shall constitute a single vendor.	71336

Physicians, dentists, hospitals, and veterinarians who are	71337
engaged in selling tangible personal property as received from	71338
others, such as eyeglasses, mouthwashes, dentifrices, or similar	71339
articles, are vendors. Veterinarians who are engaged in	71340
transferring to others for a consideration drugs, the dispensing	71341
of which does not require an order of a licensed veterinarian or	71342
physician under federal law, are vendors.	71343

(D)(1) "Consumer" means the person for whom the service is	71344
provided, to whom the transfer effected or license given by a sale	71345
is or is to be made or given, to whom the service described in	71346
division (B)(3)(f) or (i) of this section is charged, or to whom	71347
the admission is granted.	71348

(2) Physicians, dentists, hospitals, and blood banks operated	71349
by nonprofit institutions and persons licensed to practice	71350
veterinary medicine, surgery, and dentistry are consumers of all	71351
tangible personal property and services purchased by them in	71352
connection with the practice of medicine, dentistry, the rendition	71353
of hospital or blood bank service, or the practice of veterinary	71354
medicine, surgery, and dentistry. In addition to being consumers	71355
of drugs administered by them or by their assistants according to	71356
their direction, veterinarians also are consumers of drugs that	71357
under federal law may be dispensed only by or upon the order of a	71358
licensed veterinarian or physician, when transferred by them to	71359
others for a consideration to provide treatment to animals as	71360
directed by the veterinarian.	71361

(3) A person who performs a facility management, or similar	71362
service contract for a contractee is a consumer of all tangible	71363
personal property and services purchased for use in connection	71364
with the performance of such contract, regardless of whether title	71365
to any such property vests in the contractee. The purchase of such	71366
property and services is not subject to the exception for resale	71367
under division (E)(1) of this section.	71368

(4)(a) In the case of a person who purchases printed matter	71369
for the purpose of distributing it or having it distributed to the	71370
public or to a designated segment of the public, free of charge,	71371
that person is the consumer of that printed matter, and the	71372
purchase of that printed matter for that purpose is a sale.	71373

(b) In the case of a person who produces, rather than	71374
purchases, printed matter for the purpose of distributing it or	71375
having it distributed to the public or to a designated segment of	71376
the public, free of charge, that person is the consumer of all	71377
tangible personal property and services purchased for use or	71378
consumption in the production of that printed matter. That person	71379
is not entitled to claim exceptionexemption under division	71380
(E)(8)(B)(43)(f) of this section 5739.02 of the Revised Code for	71381
any material incorporated into the printed matter or any	71382
equipment, supplies, or services primarily used to produce the	71383
printed matter.	71384

(c) The distribution of printed matter to the public or to a	71385
designated segment of the public, free of charge, is not a sale to	71386
the members of the public to whom the printed matter is	71387
distributed or to any persons who purchase space in the printed	71388
matter for advertising or other purposes.	71389

(5) A person who makes sales of any of the services listed in	71390
division (B)(3) of this section is the consumer of any tangible	71391
personal property used in performing the service. The purchase of	71392
that property is not subject to the resale exception under	71393
division (E)(1) of this section.	71394

(E) "Retail sale" and "sales at retail" include all sales,	71395
except those in which the purpose of the consumer is:	71396

(1) Toto resell the thing transferred or benefit of the	71397
service provided, by a person engaging in business, in the form in	71398
which the same is, or is to be, received by the person;	71399

(2) To incorporate the thing transferred as a material or a	71400
part, into tangible personal property to be produced for sale by	71401
manufacturing, assembling, processing, or refining, or to use or	71402
consume the thing transferred directly in producing a product for	71403
sale by mining, including without limitation the extraction from	71404
the earth of all substances that are classed geologically as	71405
minerals, production of crude oil and natural gas, farming,	71406
agriculture, horticulture, or floriculture, and persons engaged in	71407
rendering farming, agricultural, horticultural, or floricultural	71408
services, and services in the exploration for, and production of,	71409
crude oil and natural gas, for others are deemed engaged directly	71410
in farming, agriculture, horticulture, and floriculture, or	71411
exploration for, and production of, crude oil and natural gas;	71412
directly in the rendition of a public utility service, except that	71413
the sales tax levied by section 5739.02 of the Revised Code shall	71414
be collected upon all meals, drinks, and food for human	71415
consumption sold upon Pullman and railroad coaches. This paragraph	71416
does not exempt or except from "retail sale" or "sales at retail"	71417
the sale of tangible personal property that is to be incorporated	71418
into a structure or improvement to real property.	71419

(3) To hold the thing transferred as security for the	71420
performance of an obligation of the vendor;	71421

(4) To use or consume the thing transferred in the process of	71422
reclamation as required by Chapters 1513. and 1514. of the Revised	71423
Code;	71424

(5) To resell, hold, use, or consume the thing transferred as	71425
evidence of a contract of insurance;	71426

(6) To use or consume the thing directly in commercial	71427
fishing;	71428

(7) To incorporate the thing transferred as a material or a	71429
part into, or to use or consume the thing transferred directly in	71430
the production of, magazines distributed as controlled circulation	71431
publications;	71432

(8) To use or consume the thing transferred in the production	71433
and preparation in suitable condition for market and sale of	71434
printed, imprinted, overprinted, lithographic, multilithic,	71435
blueprinted, photostatic, or other productions or reproductions of	71436
written or graphic matter;	71437

(9) To use the thing transferred, as described in section	71438
5739.011 of the Revised Code, primarily in a manufacturing	71439
operation to produce tangible personal property for sale;	71440

(10) To use the benefit of a warranty, maintenance or service	71441
contract, or similar agreement, as defined in division (B)(7) of	71442
this section, to repair or maintain tangible personal property, if	71443
all of the property that is the subject of the warranty, contract,	71444
or agreement would be exempt on its purchase from the tax imposed	71445
by section 5739.02 of the Revised Code;	71446

(11) To use the thing transferred as qualified research and	71447
development equipment;	71448

(12) To use or consume the thing transferred primarily in	71449
storing, transporting, mailing, or otherwise handling purchased	71450
sales inventory in a warehouse, distribution center, or similar	71451
facility when the inventory is primarily distributed outside this	71452
state to retail stores of the person who owns or controls the	71453
warehouse, distribution center, or similar facility, to retail	71454
stores of an affiliated group of which that person is a member, or	71455
by means of direct marketing. Division (E)(12) of this section	71456
does not apply to motor vehicles registered for operation on the	71457
public highways. As used in division (E)(12) of this section,	71458
"affiliated group" has the same meaning as in division (B)(3)(e)	71459
of this section and "direct marketing" has the same meaning as in	71460
division (B)(36) of section 5739.02 of the Revised Code.	71461

(13) To use or consume the thing transferred to fulfill a	71462
contractual obligation incurred by a warrantor pursuant to a	71463
warranty provided as a part of the price of the tangible personal	71464
property sold or by a vendor of a warranty, maintenance or service	71465
contract, or similar agreement the provision of which is defined	71466
as a sale under division (B)(7) of this section;	71467

(14) To use or consume the thing transferred in the	71468
production of a newspaper for distribution to the public;	71469

(15) To use tangible personal property to perform a service	71470
listed in division (B)(3) of this section, if the property is or	71471
is to be permanently transferred to the consumer of the service as	71472
an integral part of the performance of the service.	71473

As used in division (E) of this section, "thing" includes all	71474
transactions included in divisions (B)(3)(a), (b), and (e) of this	71475
section.	71476

Sales conducted through a coin-operated device that activates	71477
vacuum equipment or equipment that dispenses water, whether or not	71478
in combination with soap or other cleaning agents or wax, to the	71479
consumer for the consumer's use on the premises in washing,	71480
cleaning, or waxing a motor vehicle, provided no other personal	71481
property or personal service is provided as part of the	71482
transaction, are not retail sales or sales at retail.	71483

(F) "Business" includes any activity engaged in by any person	71484
with the object of gain, benefit, or advantage, either direct or	71485
indirect. "Business" does not include the activity of a person in	71486
managing and investing the person's own funds.	71487

(G) "Engaging in business" means commencing, conducting, or	71488
continuing in business, and liquidating a business when the	71489
liquidator thereof holds itself out to the public as conducting	71490
such business. Making a casual sale is not engaging in business.	71491

(H)(1)(a) "Price," except as provided in divisions (H)(2) and	71492
(3) of this section, means the aggregate value in money of	71493
anything paid or delivered, or promised to be paid or delivered,	71494
in the complete performance of a retail sale, without any	71495
deduction on account of the cost of the property sold, cost of	71496
materials used, labor or service cost, interest, discount paid or	71497
allowed after the sale is consummated, or any other expense. If	71498
the retail sale consists of the rental or lease of tangible	71499
personal property, "price" means the aggregate value in money of	71500
anything paid or delivered, or promised to be paid or delivered,	71501
in the complete performance of the rental or lease, without any	71502
deduction for tax, interest, labor or service charge, damage	71503
liability waiver, termination or damage charge, discount paid or	71504
allowed after the lease is consummated, or any other expense.	71505
Except as provided in division (H)(4) of this section, the sales	71506
tax shall be calculated and collected by the lessor on each	71507
payment made by the lessee. "Price" does not include the	71508
consideration received as a deposit refundable to the consumer	71509
upon return of a beverage container, the consideration received as	71510
a deposit on a carton or case that is used for such returnable	71511
containers, or the consideration received as a refundable security	71512
deposit for the use of tangible personal property to the extent	71513
that it actually is refunded, if the consideration for such	71514
refundable deposit is separately stated from the consideration	71515
received or to be received for the tangible personal property	71516
transferred in the retail sale. Such separation must appear in the	71517
sales agreement or on the initial invoice or initial billing	71518
rendered by the vendor to the consumer. "Price" also does not	71519
include delivery charges that are separately stated on the initial	71520
invoice or initial billing rendered by the vendor. Price is the	71521
amount received inclusive of the tax, provided the vendor	71522
establishes to the satisfaction of the tax commissioner that the	71523
tax was added to the price. When the price includes both a charge	71524
for tangible personal property and a charge for providing a	71525
service and the sale of the property and the charge for the	71526
service are separately taxable, or have a separately determinable	71527
tax status, the price shall be separately stated for each such	71528
charge so the tax can be correctly computed and charged.	71529

The tax collected by the vendor from the consumer under this	71530
chapter is not part of the price, but is a tax collection for the	71531
benefit of the state and of counties levying an additional sales	71532
tax pursuant to section 5739.021 or 5739.026 of the Revised Code	71533
and of transit authorities levying an additional sales tax	71534
pursuant to section 5739.023 of the Revised Code. Except for the	71535
discount authorized in section 5739.12 of the Revised Code and the	71536
effects of any rounding pursuant to section 5703.055 of the	71537
Revised Code, no person other than the state or such a county or	71538
transit authority shall derive any benefit from the collection or	71539
payment of such tax.	71540

As used in division (H)(1) of this section, "delivery	71541
charges" means charges by the vendor for preparation and delivery	71542
to a location designated by the consumer of tangible personal	71543
property or a service, including transportation, shipping,	71544
postage, handling, crating, and packingthe total amount of	71545
consideration, including cash, credit, property, and services, for	71546
which tangible personal property or services are sold, leased, or	71547
rented, valued in money, whether received in money or otherwise,	71548
without any deduction for any of the following:	71549

(i) The vendor's cost of the property sold;

71550

(ii) The cost of materials used, labor or service costs,	71551
interest, losses, all costs of transportation to the vendor, all	71552
taxes imposed on the vendor, and any other expense of the vendor;	71553

(iii) Charges by the vendor for any services necessary to	71554
complete the sale;	71555

(iv) Delivery charges. As used in this division, "delivery	71556
charges" means charges by the vendor for preparation and delivery	71557
to a location designated by the consumer of tangible personal	71558
property or a service, including transportation, shipping,	71559
postage, handling, crating, and packing.	71560

(v) Installation charges;

71561

(vi) The value of exempt tangible personal property given to	71562
the consumer where taxable and exempt tangible personal property	71563
have been bundled together and sold by the vendor as a single	71564
product or piece of merchandise.	71565

(b) "Price" does not include any of the following:

71566

(i) Discounts, including cash, term, or coupons that are not	71567
reimbursed by a third party that are allowed by a vendor and taken	71568
by a consumer on a sale;	71569

(ii) Interest, financing, and carrying charges from credit	71570
extended on the sale of tangible personal property or services, if	71571
the amount is separately stated on the invoice, bill of sale, or	71572
similar document given to the purchaser;	71573

(iii) Any taxes legally imposed directly on the consumer that	71574
are separately stated on the invoice, bill of sale, or similar	71575
document given to the consumer.	71576

(2) In the case of a sale of any new motor vehicle by a new	71577
motor vehicle dealer, as defined in section 4517.01 of the Revised	71578
Code, in which another motor vehicle is accepted by the dealer as	71579
part of the consideration received, "price" has the same meaning	71580
as in division (H)(1) of this section, reduced by the credit	71581
afforded the consumer by the dealer for the motor vehicle received	71582
in trade.	71583

(3) In the case of a sale of any watercraft or outboard motor	71584
by a watercraft dealer licensed in accordance with section	71585
1547.543 of the Revised Code, in which another watercraft,	71586
watercraft and trailer, or outboard motor is accepted by the	71587
dealer as part of the consideration received, "price" has the same	71588
meaning as in division (H)(1) of this section, reduced by the	71589
credit afforded the consumer by the dealer for the watercraft,	71590
watercraft and trailer, or outboard motor received in trade. As	71591
used in this division, "watercraft" includes an outdrive unit	71592
attached to the watercraft.	71593

(4) In the case of the lease of any motor vehicle designed by	71594
the manufacturer to carry a load of not more than one ton,	71595
watercraft, outboard motor, or aircraft, or the lease of any	71596
tangible personal property, other than motor vehicles designed by	71597
the manufacturer to carry a load of more than one ton, to be used	71598
by the lessee primarily for business purposes, the sales tax shall	71599
be collected by the vendor at the time the lease is consummated	71600
and shall be calculated by the vendor on the basis of the total	71601
amount to be paid by the lessee under the lease agreement. If the	71602
total amount of the consideration for the lease includes amounts	71603
that are not calculated at the time the lease is executed, the tax	71604
shall be calculated and collected by the vendor at the time such	71605
amounts are billed to the lessee. In the case of an open-end	71606
lease, the sales tax shall be calculated by the vendor on the	71607
basis of the total amount to be paid during the initial fixed term	71608
of the lease, and then for each subsequent renewal period as it	71609
comes due.	71610

As used in divisions (H)(3) and (4) of this section, "motor	71611
vehicle" has the same meaning as in section 4501.01 of the Revised	71612
Code, and "watercraft" includes an outdrive unit attached to the	71613
watercraft.	71614

In the case of a transaction in which telecommunications	71615
service, mobile telecommunications service, or cable television	71616
service is sold in a bundled transaction with other distinct	71617
services for a single price that is not itemized, the entire price	71618
is subject to the taxes levied under sections 5739.02, 5739.021,	71619
5739.023, and 5739.026 of the Revised Code, unless the vendor can	71620
reasonably identify the nontaxable portion from its books and	71621
records kept in the regular course of business. Upon the request	71622
of the consumer, the vendor shall disclose to the consumer the	71623
selling price for the taxable services included in the selling	71624
price for the taxable and nontaxable services billed on an	71625
aggregated basis. The burden of proving any nontaxable charges is	71626
on the vendor.	71627

(I) "Receipts" means the total amount of the prices of the	71628
sales of vendors, provided that cash discounts allowed and taken	71629
on sales at the time they are consummated are not included, minus	71630
any amount deducted as a bad debt pursuant to section 5739.121 of	71631
the Revised Code. "Receipts" does not include the sale price of	71632
property returned or services rejected by consumers when the full	71633
sale price and tax are refunded either in cash or by credit.	71634

(J) "Place of business" means any location at which a person	71635
engages in business.	71636

(K) "Premises" includes any real property or portion thereof	71637
upon which any person engages in selling tangible personal	71638
property at retail or making retail sales and also includes any	71639
real property or portion thereof designated for, or devoted to,	71640
use in conjunction with the business engaged in by such person.	71641

(L) "Casual sale" means a sale of an item of tangible	71642
personal property that was obtained by the person making the sale,	71643
through purchase or otherwise, for the person's own use and was	71644
previously subject to any state's taxing jurisdiction on its sale	71645
or use, and includes such items acquired for the seller's use that	71646
are sold by an auctioneer employed directly by the person for such	71647
purpose, provided the location of such sales is not the	71648
auctioneer's permanent place of business. As used in this	71649
division, "permanent place of business" includes any location	71650
where such auctioneer has conducted more than two auctions during	71651
the year.	71652

(M) "Hotel" means every establishment kept, used, maintained,	71653
advertised, or held out to the public to be a place where sleeping	71654
accommodations are offered to guests, in which five or more rooms	71655
are used for the accommodation of such guests, whether the rooms	71656
are in one or several structures.	71657

(N) "Transient guests" means persons occupying a room or	71658
rooms for sleeping accommodations for less than thirty consecutive	71659
days.	71660

(O) "Making retail sales" means the effecting of transactions	71661
wherein one party is obligated to pay the price and the other	71662
party is obligated to provide a service or to transfer title to or	71663
possession of the item sold. "Making retail sales" does not	71664
include the preliminary acts of promoting or soliciting the retail	71665
sales, other than the distribution of printed matter which	71666
displays or describes and prices the item offered for sale, nor	71667
does it include delivery of a predetermined quantity of tangible	71668
personal property or transportation of property or personnel to or	71669
from a place where a service is performed, regardless of whether	71670
the vendor is a delivery vendor.	71671

(P) "Used directly in the rendition of a public utility	71672
service" means that property whichthat is to be incorporated into	71673
and will become a part of the consumer's production, transmission,	71674
transportation, or distribution system and that retains its	71675
classification as tangible personal property after such	71676
incorporation; fuel or power used in the production, transmission,	71677
transportation, or distribution system; and tangible personal	71678
property used in the repair and maintenance of the production,	71679
transmission, transportation, or distribution system, including	71680
only such motor vehicles as are specially designed and equipped	71681
for such use. Tangible personal property and services used	71682
primarily in providing highway transportation for hire are not	71683
used directly in providingthe rendition of a public utility	71684
service as defined in this division.	71685

(Q) "Refining" means removing or separating a desirable	71686
product from raw or contaminated materials by distillation or	71687
physical, mechanical, or chemical processes.	71688

(R) "Assembly" and "assembling" mean attaching or fitting	71689
together parts to form a product, but do not include packaging a	71690
product.	71691

(S) "Manufacturing operation" means a process in which	71692
materials are changed, converted, or transformed into a different	71693
state or form from which they previously existed and includes	71694
refining materials, assembling parts, and preparing raw materials	71695
and parts by mixing, measuring, blending, or otherwise committing	71696
such materials or parts to the manufacturing process.	71697
"Manufacturing operation" does not include packaging.	71698

(T) "Fiscal officer" means, with respect to a regional	71699
transit authority, the secretary-treasurer thereof, and with	71700
respect to a county that is a transit authority, the fiscal	71701
officer of the county transit board if one is appointed pursuant	71702
to section 306.03 of the Revised Code or the county auditor if the	71703
board of county commissioners operates the county transit system.	71704

(U) "Transit authority" means a regional transit authority	71705
created pursuant to section 306.31 of the Revised Code or a county	71706
in which a county transit system is created pursuant to section	71707
306.01 of the Revised Code. For the purposes of this chapter, a	71708
transit authority must extend to at least the entire area of a	71709
single county. A transit authority that includes territory in more	71710
than one county must include all the area of the most populous	71711
county that is a part of such transit authority. County population	71712
shall be measured by the most recent census taken by the United	71713
States census bureau.	71714

(V) "Legislative authority" means, with respect to a regional	71715
transit authority, the board of trustees thereof, and with respect	71716
to a county that is a transit authority, the board of county	71717
commissioners.	71718

(W) "Territory of the transit authority" means all of the	71719
area included within the territorial boundaries of a transit	71720
authority as they from time to time exist. Such territorial	71721
boundaries must at all times include all the area of a single	71722
county or all the area of the most populous county that is a part	71723
of such transit authority. County population shall be measured by	71724
the most recent census taken by the United States census bureau.	71725

(X) "Providing a service" means providing or furnishing	71726
anything described in division (B)(3) of this section for	71727
consideration.	71728

(Y)(1)(a) "Automatic data processing" means processing of	71729
others' data, including keypunching or similar data entry services	71730
together with verification thereof, or providing access to	71731
computer equipment for the purpose of processing data.	71732

(b) "Computer services" means providing services consisting	71733
of specifying computer hardware configurations and evaluating	71734
technical processing characteristics, computer programming, and	71735
training of computer programmers and operators, provided in	71736
conjunction with and to support the sale, lease, or operation of	71737
taxable computer equipment or systems.	71738

(c) "Electronic information services" means providing access	71739
to computer equipment by means of telecommunications equipment for	71740
the purpose of either of the following:	71741

(i) Examining or acquiring data stored in or accessible to	71742
the computer equipment;	71743

(ii) Placing data into the computer equipment to be retrieved	71744
by designated recipients with access to the computer equipment.	71745

(d) "Automatic data processing, computer services, or	71746
electronic information services" shall not include personal or	71747
professional services.	71748

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	71749
section, "personal and professional services" means all services	71750
other than automatic data processing, computer services, or	71751
electronic information services, including but not limited to:	71752

(a) Accounting and legal services such as advice on tax	71753
matters, asset management, budgetary matters, quality control,	71754
information security, and auditing and any other situation where	71755
the service provider receives data or information and studies,	71756
alters, analyzes, interprets, or adjusts such material;	71757

(b) Analyzing business policies and procedures;

71758

(c) Identifying management information needs;

71759

(d) Feasibility studies, including economic and technical	71760
analysis of existing or potential computer hardware or software	71761
needs and alternatives;	71762

(e) Designing policies, procedures, and custom software for	71763
collecting business information, and determining how data should	71764
be summarized, sequenced, formatted, processed, controlled, and	71765
reported so that it will be meaningful to management;	71766

(f) Developing policies and procedures that document how	71767
business events and transactions are to be authorized, executed,	71768
and controlled;	71769

(g) Testing of business procedures;

71770

(h) Training personnel in business procedure applications;

71771

(i) Providing credit information to users of such information	71772
by a consumer reporting agency, as defined in the "Fair Credit	71773
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	71774
as hereafter amended, including but not limited to gathering,	71775
organizing, analyzing, recording, and furnishing such information	71776
by any oral, written, graphic, or electronic medium;	71777

(j) Providing debt collection services by any oral, written,	71778
graphic, or electronic means.	71779

The services listed in divisions (Y)(2)(a) to (j) of this	71780
section are not automatic data processing or computer services.	71781

(Z) "Highway transportation for hire" means the	71782
transportation of personal property belonging to others for	71783
consideration by any of the following:	71784

(1) The holder of a permit or certificate issued by this	71785
state or the United States authorizing the holder to engage in	71786
transportation of personal property belonging to others for	71787
consideration over or on highways, roadways, streets, or any	71788
similar public thoroughfare;	71789

(2) A person who engages in the transportation of personal	71790
property belonging to others for consideration over or on	71791
highways, roadways, streets, or any similar public thoroughfare	71792
but who could not have engaged in such transportation on December	71793
11, 1985, unless the person was the holder of a permit or	71794
certificate of the types described in division (Z)(1) of this	71795
section;	71796

(3) A person who leases a motor vehicle to and operates it	71797
for a person described by division (Z)(1) or (2) of this section.	71798

(AA) "Telecommunications service" means the transmission of	71799
any interactive, two-way electromagnetic communications, including	71800
voice, image, data, and information, through the use of any medium	71801
such as wires, cables, microwaves, cellular radio, radio waves,	71802
light waves, or any combination of those or similar media.	71803
"Telecommunications service" includes message toll service even	71804
though the vendor provides the message toll service by means of	71805
wide area transmission type service or private communications	71806
service purchased from another telecommunications service	71807
provider, butand other related fees and ancillary services,	71808
including universal service fees, detailed billing service,	71809
directory assistance, service initiation, voice mail service, and	71810
vertical services, such as caller ID and three-way calling.	71811
"Telecommunications service" does not include any of the	71812
following:	71813

(1) Sales of incoming or outgoing wide area transmission	71814
service or wide area transmission type service, including eight	71815
hundred or eight-hundred-type service, but not including local	71816
exchange service as defined in division (A) of section 4927.01 of	71817
the Revised Code, to the person contracting for the receipt of	71818
that service for business use;	71819

(2) Sales of private communications service to the person	71820
contracting for the receipt of that service that entitles the	71821
purchaser to exclusive or priority use of a communications channel	71822
or group of channels between exchanges;. As used in this division,	71823
"private communications service" means a telecommunication service	71824
that entitles the customer to exclusive or priority use of a	71825
communications channel or group of channels between or among	71826
termination points, regardless of the manner in which such channel	71827
or channels are connected, and includes switching capacity,	71828
extension lines, stations, and any other associated services that	71829
are provided in connection with the use of such channel or	71830
channels.	71831

(3) Sales of telecommunications service billed to persons	71832
before January 1, 2004, by telephone companies subject to the	71833
excise tax imposed by Chapter 5727. of the Revised Code;	71834

(4) Sales of telecommunications service to a provider of	71835
telecommunications service or of mobile telecommunications	71836
service, including access services, for use in providing	71837
telecommunications service or mobile telecommunications service;	71838

(5) Value-added nonvoice services in which computer	71839
processing applications are used to act on the form, content,	71840
code, or protocol of the information to be transmitted;	71841

(6) Transmission of interactive video programming by a cable	71842
television system as defined in section 505.90 of the Revised	71843
Code;	71844

(7) After July 31, 2002, mobile telecommunications service.

71845

(BB) "Industrial laundryLaundry and dry cleaning services"	71846
means removing soil or dirt from or supplying towels, linens, or	71847
articles of clothing, or other fabric items that belong to others	71848
and are used in a trade or businesssupplying towels, linens,	71849
articles of clothing, or other fabric items. "Laundry and dry	71850
cleaning services" does not include the provision of self-service	71851
facilities for use by consumers to remove soil or dirt from	71852
towels, linens, articles of clothing, or other fabric items.	71853

(CC) "Magazines distributed as controlled circulation	71854
publications" means magazines containing at least twenty-four	71855
pages, at least twenty-five per cent editorial content, issued at	71856
regular intervals four or more times a year, and circulated	71857
without charge to the recipient, provided that such magazines are	71858
not owned or controlled by individuals or business concerns which	71859
conduct such publications as an auxiliary to, and essentially for	71860
the advancement of the main business or calling of, those who own	71861
or control them.	71862

(DD) "Landscaping and lawn care service" means the services	71863
of planting, seeding, sodding, removing, cutting, trimming,	71864
pruning, mulching, aerating, applying chemicals, watering,	71865
fertilizing, and providing similar services to establish, promote,	71866
or control the growth of trees, shrubs, flowers, grass, ground	71867
cover, and other flora, or otherwise maintaining a lawn or	71868
landscape grown or maintained by the owner for ornamentation or	71869
other nonagricultural purpose. However, "landscaping and lawn care	71870
service" does not include the providing of such services by a	71871
person who has less than five thousand dollars in sales of such	71872
services during the calendar year.	71873

(EE) "Private investigation and security service" means the	71874
performance of any activity for which the provider of such service	71875
is required to be licensed pursuant to Chapter 4749. of the	71876
Revised Code, or would be required to be so licensed in performing	71877
such services in this state, and also includes the services of	71878
conducting polygraph examinations and of monitoring or overseeing	71879
the activities on or in, or the condition of, the consumer's home,	71880
business, or other facility by means of electronic or similar	71881
monitoring devices. "Private investigation and security service"	71882
does not include special duty services provided by off-duty police	71883
officers, deputy sheriffs, and other peace officers regularly	71884
employed by the state or a political subdivision.	71885

(FF) "Information services" means providing conversation,	71886
giving consultation or advice, playing or making a voice or other	71887
recording, making or keeping a record of the number of callers,	71888
and any other service provided to a consumer by means of a nine	71889
hundred telephone call, except when the nine hundred telephone	71890
call is the means by which the consumer makes a contribution to a	71891
recognized charity.	71892

(GG) "Research and development" means designing, creating, or	71893
formulating new or enhanced products, equipment, or manufacturing	71894
processes, and also means conducting scientific or technological	71895
inquiry and experimentation in the physical sciences with the goal	71896
of increasing scientific knowledge which may reveal the bases for	71897
new or enhanced products, equipment, or manufacturing processes.	71898

(HH) "Qualified research and development equipment" means	71899
capitalized tangible personal property, and leased personal	71900
property that would be capitalized if purchased, used by a person	71901
primarily to perform research and development. Tangible personal	71902
property primarily used in testing, as defined in division (A)(4)	71903
of section 5739.011 of the Revised Code, or used for recording or	71904
storing test results, is not qualified research and development	71905
equipment unless such property is primarily used by the consumer	71906
in testing the product, equipment, or manufacturing process being	71907
created, designed, or formulated by the consumer in the research	71908
and development activity or in recording or storing such test	71909
results.	71910

(II) "Building maintenance and janitorial service" means	71911
cleaning the interior or exterior of a building and any tangible	71912
personal property located therein or thereon, including any	71913
services incidental to such cleaning for which no separate charge	71914
is made. However, "building maintenance and janitorial service"	71915
does not include the providing of such service by a person who has	71916
less than five thousand dollars in sales of such service during	71917
the calendar year.	71918

(JJ) "Employment service" means providing or supplying	71919
personnel, on a temporary or long-term basis, to perform work or	71920
labor under the supervision or control of another, when the	71921
personnel so supplied receive their wages, salary, or other	71922
compensation from the provider of the service. "Employment	71923
service" does not include:	71924

(1) Acting as a contractor or subcontractor, where the	71925
personnel performing the work are not under the direct control of	71926
the purchaser.	71927

(2) Medical and health care services.

71928

(3) Supplying personnel to a purchaser pursuant to a contract	71929
of at least one year between the service provider and the	71930
purchaser that specifies that each employee covered under the	71931
contract is assigned to the purchaser on a permanent basis.	71932

(4) Transactions between members of an affiliated group, as	71933
defined in division (B)(3)(e) of this section.	71934

(KK) "Employment placement service" means locating or finding	71935
employment for a person or finding or locating an employee to fill	71936
an available position.	71937

(LL) "Exterminating service" means eradicating or attempting	71938
to eradicate vermin infestations from a building or structure, or	71939
the area surrounding a building or structure, and includes	71940
activities to inspect, detect, or prevent vermin infestation of a	71941
building or structure.	71942

(MM) "Physical fitness facility service" means all	71943
transactions by which a membership is granted, maintained, or	71944
renewed, including initiation fees, membership dues, renewal fees,	71945
monthly minimum fees, and other similar fees and dues, by a	71946
physical fitness facility such as an athletic club, health spa, or	71947
gymnasium, which entitles the member to use the facility for	71948
physical exercise.	71949

(NN) "Recreation and sports club service" means all	71950
transactions by which a membership is granted, maintained, or	71951
renewed, including initiation fees, membership dues, renewal fees,	71952
monthly minimum fees, and other similar fees and dues, by a	71953
recreation and sports club, which entitles the member to use the	71954
facilities of the organization. "Recreation and sports club" means	71955
an organization that has ownership of, or controls or leases on a	71956
continuing, long-term basis, the facilities used by its members	71957
and includes an aviation club, gun or shooting club, yacht club,	71958
card club, swimming club, tennis club, golf club, country club,	71959
riding club, amateur sports club, or similar organization.	71960

(OO) "Livestock" means farm animals commonly raised for food	71961
or food production, and includes but is not limited to cattle,	71962
sheep, goats, swine, and poultry. "Livestock" does not include	71963
invertebrates, fish, amphibians, reptiles, horses, domestic pets,	71964
animals for use in laboratories or for exhibition, or other	71965
animals not commonly raised for food or food production.	71966

(PP) "Livestock structure" means a building or structure used	71967
exclusively for the housing, raising, feeding, or sheltering of	71968
livestock, and includes feed storage or handling structures and	71969
structures for livestock waste handling.	71970

(QQ) "Horticulture" means the growing, cultivation, and	71971
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	71972
and nursery stock. As used in this division, "nursery stock" has	71973
the same meaning as in section 927.51 of the Revised Code.	71974

(RR) "Horticulture structure" means a building or structure	71975
used exclusively for the commercial growing, raising, or	71976
overwintering of horticultural products, and includes the area	71977
used for stocking, storing, and packing horticultural products	71978
when done in conjunction with the production of those products.	71979

(SS) "Newspaper" means an unbound publication bearing a title	71980
or name that is regularly published, at least as frequently as	71981
biweekly, and distributed from a fixed place of business to the	71982
public in a specific geographic area, and that contains a	71983
substantial amount of news matter of international, national, or	71984
local events of interest to the general public.	71985

(TT) "Professional racing team" means a person that employs	71986
at least twenty full-time employees for the purpose of conducting	71987
a motor vehicle racing business for profit. The person must	71988
conduct the business with the purpose of racing one or more motor	71989
racing vehicles in at least ten competitive professional racing	71990
events each year that comprise all or part of a motor racing	71991
series sanctioned by one or more motor racing sanctioning	71992
organizations. A "motor racing vehicle" means a vehicle for which	71993
the chassis, engine, and parts are designed exclusively for motor	71994
racing, and does not include a stock or production model vehicle	71995
that may be modified for use in racing. For the purposes of this	71996
division:	71997

(1) A "competitive professional racing event" is a motor	71998
vehicle racing event sanctioned by one or more motor racing	71999
sanctioning organizations, at which aggregate cash prizes in	72000
excess of eight hundred thousand dollars are awarded to the	72001
competitors.	72002

(2) "Full-time employee" means an individual who is employed	72003
for consideration for thirty-five or more hours a week, or who	72004
renders any other standard of service generally accepted by custom	72005
or specified by contract as full-time employment.	72006

(UU)(1) "Prepaid authorization number" means a numeric or	72007
alphanumeric combination that represents a prepaid account that	72008
can be used by the account holder solely to obtain	72009
telecommunications service, and includes any renewals or increases	72010
in the prepaid account.	72011

(2) "Prepaid telephone calling card" means a tangible item	72012
that contains a prepaid authorization number that can be used	72013
solely to obtain telecommunications service, and includes any	72014
renewals or increases in the prepaid account.	72015

(VV) "Lease" or "rental" means any transfer for a	72016
consideration of the possession or control of and right to use,	72017
but not title to, tangible personal property for a fixed period of	72018
time greater than thirty days or for an open-ended period of time	72019
with a minimum fixed period of more than thirty daysor indefinite	72020
term, for consideration. "Lease" or "rental" includes future	72021
options to purchase or extend, and agreements described in 26	72022
U.S.C. 7701(h)(1) covering motor vehicles and trailers where the	72023
amount of consideration may be increased or decreased by reference	72024
to the amount realized upon the sale or disposition of the	72025
property. "Lease" or "rental" does not include:	72026

(a) A transfer of possession or control of tangible personal	72027
property under a security agreement or a deferred payment plan	72028
that requires the transfer of title upon completion of the	72029
required payments;	72030

(b) A transfer of possession or control of tangible personal	72031
property under an agreement that requires the transfer of title	72032
upon completion of required payments and payment of an option	72033
price that does not exceed the greater of one hundred dollars or	72034
one per cent of the total required payments;	72035

(c) Providing tangible personal property along with an	72036
operator for a fixed or indefinite period of time, if the operator	72037
is necessary for the property to perform as designed. For purposes	72038
of this division, the operator must do more than maintain,	72039
inspect, or set-up the tangible personal property.	72040

(2) "Lease" and "rental," as defined in division (UU) of this	72041
section, shall not apply to leases or rentals that exist before	72042
the effective date of this amendment.	72043

(3) "Lease" and "rental" have the same meaning as in division	72044
(UU)(1) of this section regardless of whether a transaction is	72045
characterized as a lease or rental under generally accepted	72046
accounting principles, the Internal Revenue Code, Title XIII of	72047
the Revised Code, or other federal, state, or local laws.	72048

(WW)(VV) "Mobile telecommunications service" has the same	72049
meaning as in the "Mobile Telecommunications Sourcing Act," Pub.	72050
L. No. 106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as	72051
amended, and includes related fees and ancillary services,	72052
including universal service fees, detailed billing service,	72053
directory assistance, service initiation, voice mail service, and	72054
vertical services, such as caller ID and three-way calling.	72055

(XX)(WW) "Certified service provider" has the same meaning as	72056
in section 5740.01 of the Revised Code.	72057

(XX) "Satellite broadcasting service" means the distribution	72058
or broadcasting of programming or services by satellite directly	72059
to the subscriber's premises without the use of ground receiving	72060
or distribution equipment, except at the subscriber's premises or	72061
in the uplink process to the satellite, and includes all service	72062
and rental charges, premium channels or other special services,	72063
installation and repair service charges, and any other charges	72064
having any connection with the provision of the satellite	72065
broadcasting service.	72066

(YY) "Tangible personal property" means personal property	72067
that can be seen, weighed, measured, felt, or touched, or that is	72068
in any other manner perceptible to the senses. For purposes of	72069
this chapter and Chapter 5741. of the Revised Code, "tangible	72070
personal property" includes motor vehicles, electricity, water,	72071
gas, steam, and prewritten computer software.	72072

(ZZ) "Direct mail" means printed material delivered or	72073
distributed by United States mail or other delivery service to a	72074
mass audience or to addressees on a mailing list provided by the	72075
consumer or at the direction of the consumer when the cost of the	72076
items are not billed directly to the recipients. "Direct mail"	72077
includes tangible personal property supplied directly or	72078
indirectly by the consumer to the direct mail vendor for inclusion	72079
in the package containing the printed material. "Direct mail" does	72080
not include multiple items of printed material delivered to a	72081
single address.	72082

(AAA) "Computer" means an electronic device that accepts	72083
information in digital or similar form and manipulates it for a	72084
result based on a sequence of instructions.	72085

(BBB) "Computer software" means a set of coded instructions	72086
designed to cause a computer or automatic data processing	72087
equipment to perform a task.	72088

(CCC) "Delivered electronically" means delivery of computer	72089
software from the seller to the purchaser by means other than	72090
tangible storage media.	72091

(DDD) "Prewritten computer software" means computer software,	72092
including prewritten upgrades, that is not designed and developed	72093
by the author or other creator to the specifications of a specific	72094
purchaser. The combining of two or more prewritten computer	72095
software programs or prewritten portions thereof does not cause	72096
the combination to be other than prewritten computer software.	72097
"Prewritten computer software" includes software designed and	72098
developed by the author or other creator to the specifications of	72099
a specific purchaser when it is sold to a person other than the	72100
purchaser. If a person modifies or enhances computer software of	72101
which the person is not the author or creator, the person shall be	72102
deemed to be the author or creator only of such person's	72103
modifications or enhancements. Prewritten computer software or a	72104
prewritten portion thereof that is modified or enhanced to any	72105
degree, where such modification or enhancement is designed and	72106
developed to the specifications of a specific purchaser, remains	72107
prewritten computer software; provided, however, that where there	72108
is a reasonable, separately stated charge or an invoice or other	72109
statement of the price given to the purchaser for the modification	72110
or enhancement, the modification or enhancement shall not	72111
constitute prewritten computer software.	72112

(EEE)(1) Prior to July 1, 2004, "food" means cereals and	72113
cereal products, milk and milk products including ice cream, meat	72114
and meat products, fish and fish products, eggs and egg products,	72115
vegetables and vegetable products, fruits, fruit products, and	72116
pure fruit juices, condiments, sugar and sugar products, coffee	72117
and coffee substitutes, tea, and cocoa and cocoa products. "Food"	72118
does not include spirituous liquors, wine, mixed beverages, or	72119
beer; soft drinks; sodas and beverages that are ordinarily	72120
dispensed at or in connection with bars and soda fountains, other	72121
than coffee, tea, and cocoa; root beer and root beer extracts;	72122
malt and malt extracts; mineral oils, cod liver oils, and halibut	72123
liver oil; medicines, including tonics, vitamin preparations, and	72124
other products sold primarily for their medicinal properties; and	72125
water, including mineral, bottled, and carbonated waters, and ice.	72126

(2) On and after July 1, 2004, "food" means substances,	72127
whether in liquid, concentrated, solid, frozen, dried, or	72128
dehydrated form, that are sold for ingestion or chewing by humans	72129
and are consumed for their taste or nutritional value. "Food" does	72130
not include alcoholic beverages, dietary supplements, soft drinks,	72131
or tobacco.	72132

(3) As used in division (EEE)(2) of this section:

72133

(a) "Alcoholic beverages" means beverages that are suitable	72134
for human consumption and contain one-half of one per cent or more	72135
of alcohol by volume.	72136

(b) "Dietary supplements" means any product, other than	72137
tobacco, that is intended to supplement the diet and that is	72138
intended for ingestion in tablet, capsule, powder, softgel,	72139
gelcap, or liquid form, or, if not intended for ingestion in such	72140
a form, is not represented as conventional food for use as a sole	72141
item of a meal or of the diet; that is required to be labeled as a	72142
dietary supplement, identifiable by the "supplement facts" box	72143
found on the label, as required by 21 C.F.R. 101.36; and that	72144
contains one or more of the following dietary ingredients:	72145

(i) A vitamin;

72146

(ii) A mineral;

72147

(iii) An herb or other botanical;

72148

(iv) An amino acid;

72149

(v) A dietary substance for use by humans to supplement the	72150
diet by increasing the total dietary intake;	72151

(vi) A concentrate, metabolite, constituent, extract, or	72152
combination of any ingredient described in divisions	72153
(EEE)(3)(b)(i) to (v) of this section.	72154

(c) "Soft drinks" means nonalcoholic beverages that contain	72155
natural or artificial sweeteners. "Soft drinks" does not include	72156
beverages that contain milk or milk products, soy, rice, or	72157
similar milk substitutes, or that contains greater than fifty per	72158
cent vegetable or fruit juice by volume.	72159

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	72160
tobacco, or any other item that contains tobacco.	72161

(FFF) "Drug" means a compound, substance, or preparation, and	72162
any component of a compound, substance, or preparation, other than	72163
food, dietary supplements, or alcoholic beverages that is	72164
recognized in the official United States pharmacopoeia, official	72165
homeopathic pharmacopoeia of the United States, or official	72166
national formulary, and supplements to them; is intended for use	72167
in the diagnosis, cure, mitigation, treatment, or prevention of	72168
disease; or is intended to affect the structure or any function of	72169
the body.	72170

(GGG) "Prescription" means an order, formula, or recipe	72171
issued in any form of oral, written, electronic, or other means of	72172
transmission by a duly licensed practitioner authorized by the	72173
laws of this state to issue a prescription.	72174

(HHH) "Durable medical equipment" means equipment, including	72175
repair and replacement parts for such equipment, that can	72176
withstand repeated use, is primarily and customarily used to serve	72177
a medical purpose, generally is not useful to a person in the	72178
absence of illness or injury, and is not worn in or on the body.	72179

(III) "Mobility enhancing equipment" means equipment,	72180
including repair and replacement parts for such equipment, that is	72181
primarily and customarily used to provide or increase the ability	72182
to move from one place to another and is appropriate for use	72183
either in a home or a motor vehicle, that is not generally used by	72184
persons with normal mobility, and that does not include any motor	72185
vehicle or equipment on a motor vehicle normally provided by a	72186
motor vehicle manufacturer.	72187

(JJJ) "Prosthetic device" means a replacement, corrective, or	72188
supportive device, including repair and replacement parts for the	72189
device, worn on or in the human body to artificially replace a	72190
missing portion of the body, prevent or correct physical deformity	72191
or malfunction, or support a weak or deformed portion of the body.	72192
As used in this division, "prosthetic device" does not include	72193
corrective eyeglasses, contact lenses, or dental prosthesis.	72194

(KKK)(1) "Fractional aircraft ownership program" means a	72195
program in which persons within an affiliated group sell and	72196
manage fractional ownership program aircraft, provided that at	72197
least three hundred airworthy aircraft are operated in the program	72198
and the program meets all of the following criteria:	72199

(a) Management services are provided by at least one program	72200
manager within an affiliated group on behalf of the fractional	72201
owners.	72202

(b) Each program aircraft is owned or possessed by at least	72203
one fractional owner.	72204

(c) Each fractional owner owns or possesses at least a	72205
one-sixteenth interest in at least one fixed-wing program	72206
aircraft.	72207

(d) A dry-lease aircraft interchange arrangement is in effect	72208
among all of the fractional owners.	72209

(e) Multi-year program agreements are in effect regarding the	72210
fractional ownership, management services, and dry-lease aircraft	72211
interchange arrangement aspects of the program.	72212

(2) As used in division (KKK)(1) of this section:

72213

(a) "Affiliated group" has the same meaning as in division	72214
(B)(3)(e) of this section.	72215

(b) "Fractional owner" means a person that owns or possesses	72216
at least a one-sixteenth interest in a program aircraft and has	72217
entered into the agreements described in division (KKK)(1)(e) of	72218
this section.	72219

(c) "Fractional ownership program aircraft" or "program	72220
aircraft" means a turbojet aircraft that is owned or possessed by	72221
a fractional owner and that has been included in a dry-lease	72222
aircraft interchange arrangement and agreement under divisions	72223
(KKK)(1)(d) and (e) of this section, or an aircraft a program	72224
manager owns or possesses primarily for use in a fractional	72225
aircraft ownership program.	72226

(d) "Management services" means administrative and aviation	72227
support services furnished under a fractional aircraft ownership	72228
program in accordance with a management services agreement under	72229
division (KKK)(1)(e) of this section, and offered by the program	72230
manager to the fractional owners, including, at a minimum, the	72231
establishment and implementation of safety guidelines; the	72232
coordination of the scheduling of the program aircraft and crews;	72233
program aircraft maintenance; program aircraft insurance; crew	72234
training for crews employed, furnished, or contracted by the	72235
program manager or the fractional owner; the satisfaction of	72236
record-keeping requirements; and the development and use of an	72237
operations manual and a maintenance manual for the fractional	72238
aircraft ownership program.	72239

(e) "Program manager" means the person that offers management	72240
services to fractional owners pursuant to a management services	72241
agreement under division (KKK)(1)(e) of this section.	72242

Sec. 5739.011.  (A) As used in this section:

72243

(1) "Manufacturer" means a person who is engaged in	72244
manufacturing, processing, assembling, or refining a product for	72245
sale.	72246

(2) "Manufacturing facility" means a single location where a	72247
manufacturing operation is conducted, including locations	72248
consisting of one or more buildings or structures in a contiguous	72249
area owned or controlled by the manufacturer.	72250

(3) "Materials handling" means the movement of the product	72251
being or to be manufactured, during which movement the product is	72252
not undergoing any substantial change or alteration in its state	72253
or form.	72254

(4) "Testing" means a process or procedure to identify the	72255
properties or assure the quality of a material or product.	72256

(5) "Completed product" means a manufactured item that is in	72257
the form and condition as it will be sold by the manufacturer. An	72258
item is completed when all processes that change or alter its	72259
state or form or enhance its value are finished, even though the	72260
item subsequently will be tested to ensure its quality or be	72261
packaged for storage or shipment.	72262

(6) "Continuous manufacturing operation" means the process in	72263
which raw materials or components are moved through the steps	72264
whereby manufacturing occurs. Materials handling of raw materials	72265
or parts from the point of receipt or preproduction storage or of	72266
a completed product, to or from storage, to or from packaging, or	72267
to the place from which the completed product will be shipped, is	72268
not a part of a continuous manufacturing operation.	72269

(B) For purposes of division (E)(9)(B)(43)(g) of section	72270
5739.015739.02 of the Revised Code, the "thing transferred"	72271
includes, but is not limited to, any of the following:	72272

(1) Production machinery and equipment that act upon the	72273
product or machinery and equipment that treat the materials or	72274
parts in preparation for the manufacturing operation;	72275

(2) Materials handling equipment that moves the product	72276
through a continuous manufacturing operation; equipment that	72277
temporarily stores the product during the manufacturing operation;	72278
or, excluding motor vehicles licensed to operate on public	72279
highways, equipment used in intraplant or interplant transfers of	72280
work in process where the plant or plants between which such	72281
transfers occur are manufacturing facilities operated by the same	72282
person;	72283

(3) Catalysts, solvents, water, acids, oil, and similar	72284
consumables that interact with the product and that are an	72285
integral part of the manufacturing operation;	72286

(4) Machinery, equipment, and other tangible personal	72287
property used during the manufacturing operation that control,	72288
physically support, produce power for, lubricate, or are otherwise	72289
necessary for the functioning of production machinery and	72290
equipment and the continuation of the manufacturing operation;	72291

(5) Machinery, equipment, fuel, power, material, parts, and	72292
other tangible personal property used to manufacture machinery,	72293
equipment, or other tangible personal property used in	72294
manufacturing a product for sale;	72295

(6) Machinery, equipment, and other tangible personal	72296
property used by a manufacturer to test raw materials, the product	72297
being manufactured, or the completed product;	72298

(7) Machinery and equipment used to handle or temporarily	72299
store scrap that is intended to be reused in the manufacturing	72300
operation at the same manufacturing facility;	72301

(8) Coke, gas, water, steam, and similar substances used in	72302
the manufacturing operation; machinery and equipment used for, and	72303
fuel consumed in, producing or extracting those substances;	72304
machinery, equipment, and other tangible personal property used to	72305
treat, filter, pump, or otherwise make the substance suitable for	72306
use in the manufacturing operation; and machinery and equipment	72307
used for, and fuel consumed in, producing electricity for use in	72308
the manufacturing operation;	72309

(9) Machinery, equipment, and other tangible personal	72310
property used to transport or transmit electricity, coke, gas,	72311
water, steam, or similar substances used in the manufacturing	72312
operation from the point of generation, if produced by the	72313
manufacturer, or from the point where the substance enters the	72314
manufacturing facility, if purchased by the manufacturer, to the	72315
manufacturing operation;	72316

(10) Machinery, equipment, and other tangible personal	72317
property that treats, filters, cools, refines, or otherwise	72318
renders water, steam, acid, oil, solvents, or similar substances	72319
used in the manufacturing operation reusable, provided that the	72320
substances are intended for reuse and not for disposal, sale, or	72321
transportation from the manufacturing facility;	72322

(11) Parts, components, and repair and installation services	72323
for items described in division (B) of this section.	72324

(C) For purposes of division (E)(9)(B)(43)(g) of section	72325
5739.015739.02 of the Revised Code, the "thing transferred" does	72326
not include any of the following:	72327

(1) Tangible personal property used in administrative,	72328
personnel, security, inventory control, record-keeping, ordering,	72329
billing, or similar functions;	72330

(2) Tangible personal property used in storing raw materials	72331
or parts prior to the commencement of the manufacturing operation	72332
or used to handle or store a completed product, including storage	72333
that actively maintains a completed product in a marketable state	72334
or form;	72335

(3) Tangible personal property used to handle or store scrap	72336
or waste intended for disposal, sale, or other disposition, other	72337
than reuse in the manufacturing operation at the same	72338
manufacturing facility;	72339

(4) Tangible personal property that is or is to be	72340
incorporated into realty;	72341

(5) Machinery, equipment, and other tangible personal	72342
property used for ventilation, dust or gas collection, humidity or	72343
temperature regulation, or similar environmental control, except	72344
machinery, equipment, and other tangible personal property that	72345
totally regulates the environment in a special and limited area of	72346
the manufacturing facility where the regulation is essential for	72347
production to occur;	72348

(6) Tangible personal property used for the protection and	72349
safety of workers, unless the property is attached to or	72350
incorporated into machinery and equipment used in a continuous	72351
manufacturing operation;	72352

(7) Tangible personal property used to store fuel, water,	72353
solvents, acid, oil, or similar items consumed in the	72354
manufacturing operation;	72355

(8) Machinery, equipment, and other tangible personal	72356
property used to clean, repair, or maintain real or personal	72357
property in the manufacturing facility;	72358

(9) Motor vehicles registered for operation on public	72359
highways.	72360

(D) For purposes of division (E)(9)(B)(43)(g) of section	72361
5739.015739.02 of the Revised Code, if the "thing transferred" is	72362
a machine used by a manufacturer in both a taxable and an exempt	72363
manner, it shall be totally taxable or totally exempt from	72364
taxation based upon its quantified primary use. If the "things	72365
transferred" are fungibles, they shall be taxed based upon the	72366
proportion of the fungibles used in a taxable manner.	72367

Sec. 5739.012.  (A) As used in this section:

72368

(1) "Sham transaction" means a transaction or series of	72369
transactions without economic substance because there is no	72370
business purpose or expectation of profit other than obtaining tax	72371
benefits.	72372

(2) "Tax" includes only those taxes levied by or pursuant to	72373
Chapter 5739. of the Revised Code that are required to be	72374
calculated and collected as prescribed by division (H)(4)(A)(2) of	72375
section 5739.015739.02 of the Revised Code.	72376

(3) "Taxpayer" includes any person required to pay or to	72377
collect and remit tax.	72378

(B)(1) The tax commissioner may disregard any sham	72379
transaction and ascertain a taxpayer's liability for tax without	72380
the sham transaction.	72381

(2) A lease with a renewal clause and a termination penalty	72382
or similar provision that applies if the renewal clause is not	72383
exercised is presumed to be a sham transaction. In such a case,	72384
the tax shall be calculated and paid on the basis of the entire	72385
length of the lease period, including any renewal periods, until	72386
the termination penalty or similar provision no longer applies.	72387
The taxpayer shall bear the burden of establishing, by a	72388
preponderance of the evidence, that the transaction or series of	72389
transactions is not a sham transaction.	72390

(C) The tax commissioner may prescribe rules to administer	72391
this section.	72392

Sec. 5739.02.  For the purpose of providing revenue with	72393
which to meet the needs of the state, for the use of the general	72394
revenue fund of the state, for the purpose of securing a thorough	72395
and efficient system of common schools throughout the state, for	72396
the purpose of affording revenues, in addition to those from	72397
general property taxes, permitted under constitutional	72398
limitations, and from other sources, for the support of local	72399
governmental functions, and for the purpose of reimbursing the	72400
state for the expense of administering this chapter, an excise tax	72401
is hereby levied on each retail sale made in this state.	72402

(A)(1) The tax shall be collected pursuant to the schedules	72403
as provided in section 5739.025 of the Revised Code, provided that	72404
on and after July 1, 2003, and on or before June 30, 2005, the	72405
rate of tax shall be six per cent. On and after July 1, 2005, the	72406
rate of the tax shall be five per cent. The	72407

The tax applies and is collectible when the sale is made,	72408
regardless of the time when the price is paid or delivered.	72409

In(2) In the case of the lease or rental, with a fixed term	72410
of more than thirty days or an indefinite term with a minimum	72411
period of more than thirty days, of any motor vehicles designed by	72412
the manufacturer to carry a load of not more than one ton,	72413
watercraft, outboard motor, or aircraft, or of any tangible	72414
personal property, other than motor vehicles designed by the	72415
manufacturer to carry a load of more than one ton, to be used by	72416
the lessee or renter primarily for business purposes, the tax	72417
shall be collected by the vendor at the time the lease or rental	72418
is consummated and shall be calculated by the vendor on the basis	72419
of the total amount to be paid by the lessee or renter under the	72420
lease agreement. If the total amount of the consideration for the	72421
lease or rental includes amounts that are not calculated at the	72422
time the lease or rental is executed, the tax shall be calculated	72423
and collected by the vendor at the time such amounts are billed to	72424
the lessee or renter. In the case of an open-end lease or rental,	72425
the tax shall be calculated by the vendor on the basis of the	72426
total amount to be paid during the initial fixed term of the lease	72427
or rental, and for each subsequent renewal period as it comes due.	72428
As used in this division, "motor vehicle" has the same meaning as	72429
in section 4501.01 of the Revised Code, and "watercraft" includes	72430
an outdrive unit attached to the watercraft.	72431

(3) Except as provided in division (A)(2) of this section, in	72432
the case of a sale, the price of which consists in whole or in	72433
part of rentals for the use of the thing transferredthe lease or	72434
rental of tangible personal property, the tax, as regards those	72435
rentals, shall be measured by the installments of those rentals	72436
that lease or rental.	72437

(4) In the case of a sale of a physical fitness facility	72438
service or recreation and sports club service defined under	72439
division (MM) or (NN) of section 5739.01 of the Revised Code, the	72440
price of which consists in whole or in part of a membership for	72441
the receipt of the benefit of the service, the tax applicable to	72442
the sale shall be measured by the installments thereof.	72443

(B) The tax does not apply to the following:

72444

(1) Sales to the state or any of its political subdivisions,	72445
or to any other state or its political subdivisions if the laws of	72446
that state exempt from taxation sales made to this state and its	72447
political subdivisions;	72448

(2) Sales of food for human consumption off the premises	72449
where sold;	72450

(3) Sales of food sold to students only in a cafeteria,	72451
dormitory, fraternity, or sorority maintained in a private,	72452
public, or parochial school, college, or university;	72453

(4) Sales of newspapers and of magazine subscriptions and	72454
sales or transfers of magazines distributed as controlled	72455
circulation publications;	72456

(5) The furnishing, preparing, or serving of meals without	72457
charge by an employer to an employee provided the employer records	72458
the meals as part compensation for services performed or work	72459
done;	72460

(6) Sales of motor fuel upon receipt, use, distribution, or	72461
sale of which in this state a tax is imposed by the law of this	72462
state, but this exemption shall not apply to the sale of motor	72463
fuel on which a refund of the tax is allowable under division (A)	72464
of section 5735.14 of the Revised Code; and the tax commissioner	72465
may deduct the amount of tax levied by this section applicable to	72466
the price of motor fuel when granting a refund of motor fuel tax	72467
pursuant to division (A) of section 5735.14 of the Revised Code	72468
and shall cause the amount deducted to be paid into the general	72469
revenue fund of this state;	72470

(7) Sales of natural gas by a natural gas company, of water	72471
by a water-works company, or of steam by a heating company, if in	72472
each case the thing sold is delivered to consumers through pipes	72473
or conduits, and all sales of communications services by a	72474
telephone or telegraph company, all terms as defined in section	72475
5727.01 of the Revised Code, and sales of electricity delivered	72476
through wires;	72477

(8) Casual sales by a person, or auctioneer employed directly	72478
by the person to conduct such sales, except as to such sales of	72479
motor vehicles, watercraft or outboard motors required to be	72480
titled under section 1548.06 of the Revised Code, watercraft	72481
documented with the United States coast guard, snowmobiles, and	72482
all-purpose vehicles as defined in section 4519.01 of the Revised	72483
Code;	72484

(9) Sales of services or tangible personal property, other	72485
than motor vehicles, mobile homes, and manufactured homes, by	72486
churches, organizations exempt from taxation under section	72487
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	72488
organizations operated exclusively for charitable purposes as	72489
defined in division (B)(12) of this section, provided that the	72490
number of days on which such tangible personal property or	72491
services, other than items never subject to the tax, are sold does	72492
not exceed six in any calendar year. If the number of days on	72493
which such sales are made exceeds six in any calendar year, the	72494
church or organization shall be considered to be engaged in	72495
business and all subsequent sales by it shall be subject to the	72496
tax. In counting the number of days, all sales by groups within a	72497
church or within an organization shall be considered to be sales	72498
of that church or organization, except that sales made by separate	72499
student clubs and other groups of students of a primary or	72500
secondary school, and sales made by a parent-teacher association,	72501
booster group, or similar organization that raises money to	72502
support or fund curricular or extracurricular activities of a	72503
primary or secondary school, shall not be considered to be sales	72504
of such school, and sales by each such club, group, association,	72505
or organization shall be counted separately for purposes of the	72506
six-day limitation. This division does not apply to sales by a	72507
noncommercial educational radio or television broadcasting	72508
station.	72509

(10) Sales not within the taxing power of this state under	72510
the Constitution of the United States;	72511

(11) TheExcept for transactions that are sales under	72512
division (B)(3)(s) of section 5739.01 of the Revised Code, the	72513
transportation of persons or property, unless the transportation	72514
is by a private investigation and security service;	72515

(12) Sales of tangible personal property or services to	72516
churches, to organizations exempt from taxation under section	72517
501(c)(3) of the Internal Revenue Code of 1986, and to any other	72518
nonprofit organizations operated exclusively for charitable	72519
purposes in this state, no part of the net income of which inures	72520
to the benefit of any private shareholder or individual, and no	72521
substantial part of the activities of which consists of carrying	72522
on propaganda or otherwise attempting to influence legislation;	72523
sales to offices administering one or more homes for the aged or	72524
one or more hospital facilities exempt under section 140.08 of the	72525
Revised Code; and sales to organizations described in division (D)	72526
of section 5709.12 of the Revised Code.	72527

"Charitable purposes" means the relief of poverty; the	72528
improvement of health through the alleviation of illness, disease,	72529
or injury; the operation of an organization exclusively for the	72530
provision of professional, laundry, printing, and purchasing	72531
services to hospitals or charitable institutions; the operation of	72532
a home for the aged, as defined in section 5701.13 of the Revised	72533
Code; the operation of a radio or television broadcasting station	72534
that is licensed by the federal communications commission as a	72535
noncommercial educational radio or television station; the	72536
operation of a nonprofit animal adoption service or a county	72537
humane society; the promotion of education by an institution of	72538
learning that maintains a faculty of qualified instructors,	72539
teaches regular continuous courses of study, and confers a	72540
recognized diploma upon completion of a specific curriculum; the	72541
operation of a parent-teacher association, booster group, or	72542
similar organization primarily engaged in the promotion and	72543
support of the curricular or extracurricular activities of a	72544
primary or secondary school; the operation of a community or area	72545
center in which presentations in music, dramatics, the arts, and	72546
related fields are made in order to foster public interest and	72547
education therein; the production of performances in music,	72548
dramatics, and the arts; or the promotion of education by an	72549
organization engaged in carrying on research in, or the	72550
dissemination of, scientific and technological knowledge and	72551
information primarily for the public.	72552

Nothing in this division shall be deemed to exempt sales to	72553
any organization for use in the operation or carrying on of a	72554
trade or business, or sales to a home for the aged for use in the	72555
operation of independent living facilities as defined in division	72556
(A) of section 5709.12 of the Revised Code.	72557

(13) Building and construction materials and services sold to	72558
construction contractors for incorporation into a structure or	72559
improvement to real property under a construction contract with	72560
this state or a political subdivision of this state, or with the	72561
United States government or any of its agencies; building and	72562
construction materials and services sold to construction	72563
contractors for incorporation into a structure or improvement to	72564
real property that are accepted for ownership by this state or any	72565
of its political subdivisions, or by the United States government	72566
or any of its agencies at the time of completion of the structures	72567
or improvements; building and construction materials sold to	72568
construction contractors for incorporation into a horticulture	72569
structure or livestock structure for a person engaged in the	72570
business of horticulture or producing livestock; building	72571
materials and services sold to a construction contractor for	72572
incorporation into a house of public worship or religious	72573
education, or a building used exclusively for charitable purposes	72574
under a construction contract with an organization whose purpose	72575
is as described in division (B)(12) of this section; building	72576
materials and services sold to a construction contractor for	72577
incorporation into a building under a construction contract with	72578
an organization exempt from taxation under section 501(c)(3) of	72579
the Internal Revenue Code of 1986 when the building is to be used	72580
exclusively for the organization's exempt purposes; building and	72581
construction materials sold for incorporation into the original	72582
construction of a sports facility under section 307.696 of the	72583
Revised Code; and building and construction materials and services	72584
sold to a construction contractor for incorporation into real	72585
property outside this state if such materials and services, when	72586
sold to a construction contractor in the state in which the real	72587
property is located for incorporation into real property in that	72588
state, would be exempt from a tax on sales levied by that state;	72589

(14) Sales of ships or vessels or rail rolling stock used or	72590
to be used principally in interstate or foreign commerce, and	72591
repairs, alterations, fuel, and lubricants for such ships or	72592
vessels or rail rolling stock;	72593

(15) Sales to persons engaged in any of the activities	72594
mentioned in division (E)(2)(B)(43)(a) or (9)(g) of this section	72595
5739.01 of the Revised Code, to persons engaged in making retail	72596
sales, or to persons who purchase for sale from a manufacturer	72597
tangible personal property that was produced by the manufacturer	72598
in accordance with specific designs provided by the purchaser, of	72599
packages, including material, labels, and parts for packages, and	72600
of machinery, equipment, and material for use primarily in	72601
packaging tangible personal property produced for sale, including	72602
any machinery, equipment, and supplies used to make labels or	72603
packages, to prepare packages or products for labeling, or to	72604
label packages or products, by or on the order of the person doing	72605
the packaging, or sold at retail. "Packages" includes bags,	72606
baskets, cartons, crates, boxes, cans, bottles, bindings,	72607
wrappings, and other similar devices and containers, and	72608
"packaging" means placing therein.	72609

(16) Sales of food to persons using food stamp benefits to	72610
purchase the food. As used in this division (B)(16) of this	72611
section, "food" has the same meaning as in the "Food Stamp Act of	72612
1977," 91 Stat. 958, 7 U.S.C. 2012, as amended, and federal	72613
regulations adopted pursuant to that act.	72614

(17) Sales to persons engaged in farming, agriculture,	72615
horticulture, or floriculture, of tangible personal property for	72616
use or consumption directly in the production by farming,	72617
agriculture, horticulture, or floriculture of other tangible	72618
personal property for use or consumption directly in the	72619
production of tangible personal property for sale by farming,	72620
agriculture, horticulture, or floriculture; or material and parts	72621
for incorporation into any such tangible personal property for use	72622
or consumption in production; and of tangible personal property	72623
for such use or consumption in the conditioning or holding of	72624
products produced by and for such use, consumption, or sale by	72625
persons engaged in farming, agriculture, horticulture, or	72626
floriculture, except where such property is incorporated into real	72627
property;	72628

(18) Sales of drugs for a human being, dispensed by a	72629
licensed pharmacist upon the order of a licensed health	72630
professional authorized to prescribe drugs to a human being, as	72631
the term "licensed health professional authorized to prescribe	72632
drugs" is defined in section 4729.01 of the Revised Codepursuant	72633
to a prescription; insulin as recognized in the official United	72634
States pharmacopoeia; urine and blood testing materials when used	72635
by diabetics or persons with hypoglycemia to test for glucose or	72636
acetone; hypodermic syringes and needles when used by diabetics	72637
for insulin injections; epoetin alfa when purchased for use in the	72638
treatment of persons with end-stage renal disease; hospital beds	72639
when purchased for use by persons with medical problems for	72640
medical purposes; and medical oxygen and medical oxygen-dispensing	72641
equipment when purchased for use by persons with medical problems	72642
for medical purposes;	72643

(19)(a) Sales of artificial limbs or portion thereof, breast	72644
prostheses, and other prosthetic devices for humans; braces or	72645
other devices for supporting weakened or nonfunctioning parts of	72646
the human body; crutches or other devices to aid human	72647
perambulation; and items of tangible personal property used to	72648
supplement impaired functions of the human body such as	72649
respiration, hearing, or elimination;	72650

(b) Sales of wheelchairs; items incorporated into or used in	72651
conjunction with a motor vehicle for the purpose of transporting	72652
wheelchairs, other than transportation conducted in connection	72653
with the sale or delivery of wheelchairs; and items incorporated	72654
into or used in conjunction with a motor vehicle that are	72655
specifically designed to assist a person with a disability to	72656
access or operate the motor vehicle. As used in this division,	72657
"person with a disability" means any person who has lost the use	72658
of one or both legs or one or both arms, who is blind, deaf, or	72659
disabled to the extent that the person is unable to move about	72660
without the aid of crutches or a wheelchair, or whose mobility is	72661
restricted by a permanent cardiovascular, pulmonary, or other	72662
disabling condition.	72663

(c) No exemption under this division shall be allowed for	72664
nonprescription drugs, medicines, or remedies; items or devices	72665
used to supplement vision; items or devices whose function is	72666
solely or primarily cosmetic; or physical fitness equipment. This	72667
division does not apply to sales to a physician or medical	72668
facility for use in the treatment of a patient, durable medical	72669
equipment for home use, or mobility enhancing equipment, when made	72670
pursuant to a prescription and when such devices or equipment are	72671
for use by a human being.	72672

(20) Sales of emergency and fire protection vehicles and	72673
equipment to nonprofit organizations for use solely in providing	72674
fire protection and emergency services, including trauma care and	72675
emergency medical services, for political subdivisions of the	72676
state;	72677

(21) Sales of tangible personal property manufactured in this	72678
state, if sold by the manufacturer in this state to a retailer for	72679
use in the retail business of the retailer outside of this state	72680
and if possession is taken from the manufacturer by the purchaser	72681
within this state for the sole purpose of immediately removing the	72682
same from this state in a vehicle owned by the purchaser;	72683

(22) Sales of services provided by the state or any of its	72684
political subdivisions, agencies, instrumentalities, institutions,	72685
or authorities, or by governmental entities of the state or any of	72686
its political subdivisions, agencies, instrumentalities,	72687
institutions, or authorities;	72688

(23) Sales of motor vehicles to nonresidents of this state	72689
upon the presentation of an affidavit executed in this state by	72690
the nonresident purchaser affirming that the purchaser is a	72691
nonresident of this state, that possession of the motor vehicle is	72692
taken in this state for the sole purpose of immediately removing	72693
it from this state, that the motor vehicle will be permanently	72694
titled and registered in another state, and that the motor vehicle	72695
will not be used in this state;	72696

(24) Sales to persons engaged in the preparation of eggs for	72697
sale of tangible personal property used or consumed directly in	72698
such preparation, including such tangible personal property used	72699
for cleaning, sanitizing, preserving, grading, sorting, and	72700
classifying by size; packages, including material and parts for	72701
packages, and machinery, equipment, and material for use in	72702
packaging eggs for sale; and handling and transportation equipment	72703
and parts therefor, except motor vehicles licensed to operate on	72704
public highways, used in intraplant or interplant transfers or	72705
shipment of eggs in the process of preparation for sale, when the	72706
plant or plants within or between which such transfers or	72707
shipments occur are operated by the same person. "Packages"	72708
includes containers, cases, baskets, flats, fillers, filler flats,	72709
cartons, closure materials, labels, and labeling materials, and	72710
"packaging" means placing therein.	72711

(25)(a) Sales of water to a consumer for residential use,	72712
except the sale of bottled water, distilled water, mineral water,	72713
carbonated water, or ice;	72714

(b) Sales of water by a nonprofit corporation engaged	72715
exclusively in the treatment, distribution, and sale of water to	72716
consumers, if such water is delivered to consumers through pipes	72717
or tubing.	72718

(26) Fees charged for inspection or reinspection of motor	72719
vehicles under section 3704.14 of the Revised Code;	72720

(27) Sales to persons licensed to conduct a food service	72721
operation pursuant to section 3717.43 of the Revised Code, of	72722
tangible personal property primarily used directly for the	72723
following:	72724

(a) To prepare food for human consumption for sale;

72725

(b) To preserve food that has been or will be prepared for	72726
human consumption for sale by the food service operator, not	72727
including tangible personal property used to display food for	72728
selection by the consumer;	72729

(c) To clean tangible personal property used to prepare or	72730
serve food for human consumption for sale.	72731

(28) Sales of animals by nonprofit animal adoption services	72732
or county humane societies;	72733

(29) Sales of services to a corporation described in division	72734
(A) of section 5709.72 of the Revised Code, and sales of tangible	72735
personal property that qualifies for exemption from taxation under	72736
section 5709.72 of the Revised Code;	72737

(30) Sales and installation of agricultural land tile, as	72738
defined in division (B)(5)(a) of section 5739.01 of the Revised	72739
Code;	72740

(31) Sales and erection or installation of portable grain	72741
bins, as defined in division (B)(5)(b) of section 5739.01 of the	72742
Revised Code;	72743

(32) The sale, lease, repair, and maintenance of, parts for,	72744
or items attached to or incorporated in, motor vehicles that are	72745
primarily used for transporting tangible personal property by a	72746
person engaged in highway transportation for hire;	72747

(33) Sales to the state headquarters of any veterans'	72748
organization in this state that is either incorporated and issued	72749
a charter by the congress of the United States or is recognized by	72750
the United States veterans administration, for use by the	72751
headquarters;	72752

(34) Sales to a telecommunications service vendor, mobile	72753
telecommunications service vendor, or satellite broadcasting	72754
service vendor of tangible personal property and services used	72755
directly and primarily in transmitting, receiving, switching, or	72756
recording any interactive, one- or two-way electromagnetic	72757
communications, including voice, image, data, and information,	72758
through the use of any medium, including, but not limited to,	72759
poles, wires, cables, switching equipment, computers, and record	72760
storage devices and media, and component parts for the tangible	72761
personal property. The exemption provided in this division (B)(34)	72762
of this section shall be in lieu of all other exceptions	72763
exemptions under division (E)(2)(B)(43)(a) of this section 5739.01	72764
of the Revised Code to which a telecommunications servicethe	72765
vendor may otherwise be entitled, based upon the use of the thing	72766
purchased in providing the telecommunications, mobile	72767
telecommunications, or satellite broadcasting service.	72768

(35) Sales of investment metal bullion and investment coins.	72769
"Investment metal bullion" means any elementary precious metal	72770
that has been put through a process of smelting or refining,	72771
including, but not limited to, gold, silver, platinum, and	72772
palladium, and which is in such state or condition that its value	72773
depends upon its content and not upon its form. "Investment metal	72774
bullion" does not include fabricated precious metal that has been	72775
processed or manufactured for one or more specific and customary	72776
industrial, professional, or artistic uses. "Investment coins"	72777
means numismatic coins or other forms of money and legal tender	72778
manufactured of gold, silver, platinum, palladium, or other metal	72779
under the laws of the United States or any foreign nation with a	72780
fair market value greater than any statutory or nominal value of	72781
such coins.	72782

(36)(a) Sales where the purpose of the consumer is to use or	72783
consume the things transferred in making retail sales and	72784
consisting of newspaper inserts, catalogues, coupons, flyers, gift	72785
certificates, or other advertising material that prices and	72786
describes tangible personal property offered for retail sale.	72787

(b) Sales to direct marketing vendors of preliminary	72788
materials such as photographs, artwork, and typesetting that will	72789
be used in printing advertising material; of printed matter that	72790
offers free merchandise or chances to win sweepstake prizes and	72791
that is mailed to potential customers with advertising material	72792
described in division (B)(36)(a) of this section; and of equipment	72793
such as telephones, computers, facsimile machines, and similar	72794
tangible personal property primarily used to accept orders for	72795
direct marketing retail sales.	72796

(c) Sales of automatic food vending machines that preserve	72797
food with a shelf life of forty-five days or less by refrigeration	72798
and dispense it to the consumer.	72799

For purposes of division (B)(36) of this section, "direct	72800
marketing" means the method of selling where consumers order	72801
tangible personal property by United States mail, delivery	72802
service, or telecommunication and the vendor delivers or ships the	72803
tangible personal property sold to the consumer from a warehouse,	72804
catalogue distribution center, or similar fulfillment facility by	72805
means of the United States mail, delivery service, or common	72806
carrier.	72807

(37) Sales to a person engaged in the business of	72808
horticulture or producing livestock of materials to be	72809
incorporated into a horticulture structure or livestock structure;	72810

(38) The sale of a motor vehicle that is used exclusively for	72811
a vanpool ridesharing arrangement to persons participating in the	72812
vanpool ridesharing arrangement when the vendor is selling the	72813
vehicle pursuant to a contract between the vendor and the	72814
department of transportation;	72815

(39) Sales of personal computers, computer monitors, computer	72816
keyboards, modems, and other peripheral computer equipment to an	72817
individual who is licensed or certified to teach in an elementary	72818
or a secondary school in this state for use by that individual in	72819
preparation for teaching elementary or secondary school students;	72820

(40)(39) Sales to a professional racing team of any of the	72821
following:	72822

(a) Motor racing vehicles;

72823

(b) Repair services for motor racing vehicles;

72824

(c) Items of property that are attached to or incorporated in	72825
motor racing vehicles, including engines, chassis, and all other	72826
components of the vehicles, and all spare, replacement, and	72827
rebuilt parts or components of the vehicles; except not including	72828
tires, consumable fluids, paint, and accessories consisting of	72829
instrumentation sensors and related items added to the vehicle to	72830
collect and transmit data by means of telemetry and other forms of	72831
communication.	72832

(41)(40) Sales of used manufactured homes and used mobile	72833
homes, as defined in section 5739.0210 of the Revised Code, made	72834
on or after January 1, 2000;	72835

(42)(41) Sales of tangible personal property and services to	72836
a provider of electricity used or consumed directly and primarily	72837
in generating, transmitting, or distributing electricity for use	72838
by others, including property that is or is to be incorporated	72839
into and will become a part of the consumer's production,	72840
transmission, or distribution system and that retains its	72841
classification as tangible personal property after incorporation;	72842
fuel or power used in the production, transmission, or	72843
distribution of electricity; and tangible personal property and	72844
services used in the repair and maintenance of the production,	72845
transmission, or distribution system, including only those motor	72846
vehicles as are specially designed and equipped for such use. The	72847
exemption provided in this division shall be in lieu of all other	72848
exceptionsexemptions in division (E)(2)(B)(43)(a) of this section	72849
5739.01 of the Revised Code to which a provider of electricity may	72850
otherwise be entitled based on the use of the tangible personal	72851
property or service purchased in generating, transmitting, or	72852
distributing electricity.	72853

(42) Sales to a person providing services under division	72854
(B)(3)(s) of section 5739.01 of the Revised Code of tangible	72855
personal property and services used directly and primarily in	72856
providing taxable services under that section.	72857

(43) Sales where the purpose of the purchaser is to do any of	72858
the following:	72859

(a) To incorporate the thing transferred as a material or a	72860
part into tangible personal property to be produced for sale by	72861
manufacturing, assembling, processing, or refining; or to use or	72862
consume the thing transferred directly in producing tangible	72863
personal property for sale by mining, including, without	72864
limitation, the extraction from the earth of all substances that	72865
are classed geologically as minerals, production of crude oil and	72866
natural gas, farming, agriculture, horticulture, or floriculture,	72867
or directly in the rendition of a public utility service, except	72868
that the sales tax levied by this section shall be collected upon	72869
all meals, drinks, and food for human consumption sold when	72870
transporting persons. Persons engaged in rendering farming,	72871
agricultural, horticultural, or floricultural services, and	72872
services in the exploration for, and production of, crude oil and	72873
natural gas, for others are deemed engaged directly in farming,	72874
agriculture, horticulture, and floriculture, or exploration for,	72875
and production of, crude oil and natural gas. This paragraph does	72876
not exempt from "retail sale" or "sales at retail" the sale of	72877
tangible personal property that is to be incorporated into a	72878
structure or improvement to real property.	72879

(b) To hold the thing transferred as security for the	72880
performance of an obligation of the vendor;	72881

(c) To resell, hold, use, or consume the thing transferred as	72882
evidence of a contract of insurance;	72883

(d) To use or consume the thing directly in commercial	72884
fishing;	72885

(e) To incorporate the thing transferred as a material or a	72886
part into, or to use or consume the thing transferred directly in	72887
the production of, magazines distributed as controlled circulation	72888
publications;	72889

(f) To use or consume the thing transferred in the production	72890
and preparation in suitable condition for market and sale of	72891
printed, imprinted, overprinted, lithographic, multilithic,	72892
blueprinted, photostatic, or other productions or reproductions of	72893
written or graphic matter;	72894

(g) To use the thing transferred, as described in section	72895
5739.011 of the Revised Code, primarily in a manufacturing	72896
operation to produce tangible personal property for sale;	72897

(h) To use the benefit of a warranty, maintenance or service	72898
contract, or similar agreement, as described in division (B)(7) of	72899
section 5739.01 of the Revised Code, to repair or maintain	72900
tangible personal property, if all of the property that is the	72901
subject of the warranty, contract, or agreement would not be	72902
subject to the tax imposed by this section;	72903

(i) To use the thing transferred as qualified research and	72904
development equipment;	72905

(j) To use or consume the thing transferred primarily in	72906
storing, transporting, mailing, or otherwise handling purchased	72907
sales inventory in a warehouse, distribution center, or similar	72908
facility when the inventory is primarily distributed outside this	72909
state to retail stores of the person who owns or controls the	72910
warehouse, distribution center, or similar facility, to retail	72911
stores of an affiliated group of which that person is a member, or	72912
by means of direct marketing. This division does not apply to	72913
motor vehicles registered for operation on the public highways. As	72914
used in this division, "affiliated group" has the same meaning as	72915
in division (B)(3)(e) of section 5739.01 of the Revised Code and	72916
"direct marketing" has the same meaning as in division (B)(36) of	72917
this section.	72918

(k) To use or consume the thing transferred to fulfill a	72919
contractual obligation incurred by a warrantor pursuant to a	72920
warranty provided as a part of the price of the tangible personal	72921
property sold or by a vendor of a warranty, maintenance or service	72922
contract, or similar agreement the provision of which is defined	72923
as a sale under division (B)(7) of section 5739.01 of the Revised	72924
Code;	72925

(l) To use or consume the thing transferred in the production	72926
of a newspaper for distribution to the public;	72927

(m) To use tangible personal property to perform a service	72928
listed in division (B)(3) of section 5739.01 of the Revised Code,	72929
if the property is or is to be permanently transferred to the	72930
consumer of the service as an integral part of the performance of	72931
the service.	72932

As used in division (B)(43) of this section, "thing" includes	72933
all transactions included in divisions (B)(3)(a), (b), and (e) of	72934
section 5739.01 of the Revised Code.	72935

(44) Sales conducted through a coin operated device that	72936
activates vacuum equipment or equipment that dispenses water,	72937
whether or not in combination with soap or other cleaning agents	72938
or wax, to the consumer for the consumer's use on the premises in	72939
washing, cleaning, or waxing a motor vehicle, provided no other	72940
personal property or personal service is provided as part of the	72941
transaction.	72942

(45) Sales of replacement and modification parts for engines,	72943
airframes, instruments, and interiors in, and paint for, aircraft	72944
used primarily in a fractional aircraft ownership program, and	72945
sales of services for the repair, modification, and maintenance of	72946
such aircraft, and machinery, equipment, and supplies primarily	72947
used to provide those services.	72948

(C) For the purpose of the proper administration of this	72949
chapter, and to prevent the evasion of the tax, it is presumed	72950
that all sales made in this state are subject to the tax until the	72951
contrary is established.	72952

As used in this section, except in division (B)(16) of this	72953
section, "food" includes cereals and cereal products, milk and	72954
milk products including ice cream, meat and meat products, fish	72955
and fish products, eggs and egg products, vegetables and vegetable	72956
products, fruits, fruit products, and pure fruit juices,	72957
condiments, sugar and sugar products, coffee and coffee	72958
substitutes, tea, and cocoa and cocoa products. It does not	72959
include: spirituous liquors, wine, mixed beverages, or beer; soft	72960
drinks; sodas and beverages that are ordinarily dispensed at or in	72961
connection with bars and soda fountains, other than coffee, tea,	72962
and cocoa; root beer and root beer extracts; malt and malt	72963
extracts; mineral oils, cod liver oils, and halibut liver oil;	72964
medicines, including tonics, vitamin preparations, and other	72965
products sold primarily for their medicinal properties; and water,	72966
including mineral, bottled, and carbonated waters, and ice.	72967

(C)(D) The levy of this tax on retail sales of recreation and	72968
sports club service shall not prevent a municipal corporation from	72969
levying any tax on recreation and sports club dues or on any	72970
income generated by recreation and sports club dues.	72971

(E) The tax collected by the vendor from the consumer under	72972
this chapter is not part of the price, but is a tax collection for	72973
the benefit of the state, and of counties levying an additional	72974
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	72975
Code and of transit authorities levying an additional sales tax	72976
pursuant to section 5739.023 of the Revised Code. Except for the	72977
discount authorized under section 5739.12 of the Revised Code and	72978
the effects of any rounding pursuant to section 5703.055 of the	72979
Revised Code, no person other than the state or such a county or	72980
transit authority shall derive any benefit from the collection or	72981
payment of the tax levied by this section or section 5739.021,	72982
5739.023, or 5739.026 of the Revised Code.	72983

Sec. 5739.021.  (A) For the purpose of providing additional	72984
general revenues for the county or supporting criminal and	72985
administrative justice services in the county, or both, and to pay	72986
the expenses of administering such levy, any county may levy a tax	72987
at the rate of not more than one per cent at any multiple of	72988
one-fourth of one per cent upon every retail sale made in the	72989
county, except sales of watercraft and outboard motors required to	72990
be titled pursuant to Chapter 1548. of the Revised Code and sales	72991
of motor vehicles, and may increase the rate of an existing tax to	72992
not more than one per cent at any multiple of one-fourth of one	72993
per cent.	72994

The tax shall be levied and the rate increased pursuant to a	72995
resolution of the board of county commissioners. The resolution	72996
shall state the purpose for which the tax is to be levied and the	72997
number of years for which the tax is to be levied, or that it is	72998
for a continuing period of time. If the tax is to be levied for	72999
the purpose of providing additional general revenues and for the	73000
purpose of supporting criminal and administrative justice	73001
services, the resolution shall state the rate or amount of the tax	73002
to be apportioned to each such purpose. The rate or amount may be	73003
different for each year the tax is to be levied, but the rates or	73004
amounts actually apportioned each year shall not be different from	73005
that stated in the resolution for that year. If the resolution is	73006
adopted as an emergency measure necessary for the immediate	73007
preservation of the public peace, health, or safety, it must	73008
receive an affirmative vote of all of the members of the board of	73009
county commissioners and shall state the reasons for such	73010
necessity. AThe board shall deliver a certified copy of the	73011
resolution shall be delivered to the tax commissioner either	73012
personally or by certified mail, not later than the sixtieth	73013
sixty-fifth day prior to the date on which the tax is to become	73014
effective, which shall be the first day of the calendar quarter.	73015

Prior to the adoption of any resolution under this section,	73016
the board of county commissioners shall conduct two public	73017
hearings on the resolution, the second hearing to be not less than	73018
three nor more than ten days after the first. Notice of the date,	73019
time, and place of the hearings shall be given by publication in a	73020
newspaper of general circulation in the county once a week on the	73021
same day of the week for two consecutive weeks, the second	73022
publication being not less than ten nor more than thirty days	73023
prior to the first hearing.	73024

Except as provided in division (B)(3) of this section, the	73025
resolution shall become effective on the first day of a calendar	73026
quarter following the expiration of sixty days from the date of	73027
its adoption,be subject to a referendum as provided in sections	73028
305.31 to 305.41 of the Revised Code.	73029

If a petition for a referendum is filed, the county auditor	73030
with whom the petition was filed shall, within five days, notify	73031
the board of county commissioners and the tax commissioner of the	73032
filing of the petition by certified mail. If the board of	73033
elections with which the petition was filed declares the petition	73034
invalid, the board of elections, within five days, shall notify	73035
the board of county commissioners and the tax commissioner of that	73036
declaration by certified mail. If the petition is declared to be	73037
invalid, the effective date of the tax or increased rate of tax	73038
levied by this section shall be the first day of a calendar	73039
quarter following the expiration of sixty-five days from the date	73040
the petition was declared invalid bycommissioner receives notice	73041
from the board of elections that the petition is invalid.	73042

(B)(1) A resolution that is not adopted as an emergency	73043
measure may direct the board of elections to submit the question	73044
of levying the tax or increasing the rate of tax to the electors	73045
of the county at a special election held on the date specified by	73046
the board of county commissioners in the resolution, provided that	73047
the election occurs not less than seventy-five days after a	73048
certified copy of such resolution is transmitted to the board of	73049
elections and the election is not held in February or August of	73050
any year. Upon transmission of the resolution to the board of	73051
elections, the board of county commissioners shall notify the tax	73052
commissioner in writing of the levy question to be submitted to	73053
the electors. No resolution adopted under this division shall go	73054
into effect unless approved by a majority of those voting upon it,	73055
and, except as provided in division (B)(3) of this section, shall	73056
become effective on the first day of a calendar quarter following	73057
the expiration of sixty-five days from the date of notice to the	73058
tax commissioner byreceives notice from the board of elections of	73059
the affirmative vote.	73060

(2) A resolution that is adopted as an emergency measure	73061
shall go into effect as provided in division (A) of this section,	73062
but may direct the board of elections to submit the question of	73063
repealing the tax or increase in the rate of the tax to the	73064
electors of the county at the next general election in the county	73065
occurring not less than seventy-five days after a certified copy	73066
of the resolution is transmitted to the board of elections. Upon	73067
transmission of the resolution to the board of elections, the	73068
board of county commissioners shall notify the tax commissioner in	73069
writing of the levy question to be submitted to the electors. The	73070
ballot question shall be the same as that prescribed in section	73071
5739.022 of the Revised Code. The board of elections shall notify	73072
the board of county commissioners and the tax commissioner of the	73073
result of the election immediately after the result has been	73074
declared. If a majority of the qualified electors voting on the	73075
question of repealing the tax or increase in the rate of the tax	73076
vote for repeal of the tax or repeal of the increase, the board of	73077
county commissioners, on the first day of a calendar quarter	73078
following the expiration of sixty-five days after the date it	73079
receivedthe board and tax commissioner receive notice of the	73080
result of the election, shall, in the case of a repeal of the tax,	73081
cease to levy the tax, or, in the case of a repeal of an increase	73082
in the rate of the tax, cease to levy the increased rate and levy	73083
the tax at the rate at which it was imposed immediately prior to	73084
the increase in rate.	73085

(3) If a vendor that is registered with the central	73086
electronic registration system provided for in section 5740.05 of	73087
the Revised Code makes a sale in this state by printed catalog and	73088
the consumer computed the tax on the sale based on local rates	73089
published in the catalog, any tax levied or repealed or rate	73090
changed under this section shall not apply to such salesa sale	73091
until the first day of a calendar quarter following the expiration	73092
of one hundred twenty days from the date of notice by the tax	73093
commissioner to the vendor, or to the vendor's certified service	73094
provider, if the vendor has selected onepursuant to division (H)	73095
of this section.	73096

(C) If a resolution is rejected at a referendum or if a	73097
resolution adopted after January 1, 1982, as an emergency measure	73098
is repealed by the electors pursuant to division (B)(2) of this	73099
section or section 5739.022 of the Revised Code, then for one year	73100
after the date of the election at which the resolution was	73101
rejected or repealed the board of county commissioners may not	73102
adopt any resolution authorized by this section as an emergency	73103
measure.	73104

(D) The board of county commissioners, at any time while a	73105
tax levied under this section is in effect, may by resolution	73106
reduce the rate at which the tax is levied to a lower rate	73107
authorized by this section. Any reduction in the rate at which the	73108
tax is levied shall be made effective on the first day of a	73109
calendar quarter next following the sixtiethsixty-fifth day after	73110
the certificationa certified copy of the resolution is delivered	73111
to the tax commissioner.	73112

(E) The tax on every retail sale subject to a tax levied	73113
pursuant to this section shall be in addition to the tax levied by	73114
section 5739.02 of the Revised Code and any tax levied pursuant to	73115
section 5739.023 or 5739.026 of the Revised Code.	73116

A county that levies a tax pursuant to this section shall	73117
levy a tax at the same rate pursuant to section 5741.021 of the	73118
Revised Code.	73119

The additional tax levied by the county shall be collected	73120
pursuant to section 5739.025 of the Revised Code. If the	73121
additional tax or some portion thereof is levied for the purpose	73122
of criminal and administrative justice services, the revenue from	73123
the tax, or the amount or rate apportioned to that purpose, shall	73124
be credited to a special fund created in the county treasury for	73125
receipt of that revenue.	73126

Any tax levied pursuant to this section is subject to the	73127
exemptions provided in section 5739.02 of the Revised Code and in	73128
addition shall not be applicable to sales not within the taxing	73129
power of a county under the Constitution of the United States or	73130
the Ohio Constitution.	73131

(F) For purposes of this section, a copy of a resolution is	73132
"certified" when it contains a written statement attesting that	73133
the copy is a true and exact reproduction of the original	73134
resolution.	73135

(G) If a board of commissioners intends to adopt a resolution	73136
to levy a tax in whole or in part for the purpose of criminal and	73137
administrative justice services, the board shall prepare and make	73138
available at the first public hearing at which the resolution is	73139
considered a statement containing the following information:	73140

(1) For each of the two preceding fiscal years, the amount of	73141
expenditures made by the county from the county general fund for	73142
the purpose of criminal and administrative justice services;	73143

(2) For the fiscal year in which the resolution is adopted,	73144
the board's estimate of the amount of expenditures to be made by	73145
the county from the county general fund for the purpose of	73146
criminal and administrative justice services;	73147

(3) For each of the two fiscal years after the fiscal year in	73148
which the resolution is adopted, the board's preliminary plan for	73149
expenditures to be made from the county general fund for the	73150
purpose of criminal and administrative justice services, both	73151
under the assumption that the tax will be imposed for that purpose	73152
and under the assumption that the tax would not be imposed for	73153
that purpose, and for expenditures to be made from the special	73154
fund created under division (E) of this section under the	73155
assumption that the tax will be imposed for that purpose.	73156

The board shall prepare the statement and the preliminary	73157
plan using the best information available to the board at the time	73158
the statement is prepared. Neither the statement nor the	73159
preliminary plan shall be used as a basis to challenge the	73160
validity of the tax in any court of competent jurisdiction, nor	73161
shall the statement or preliminary plan limit the authority of the	73162
board to appropriate, pursuant to section 5705.38 of the Revised	73163
Code, an amount different from that specified in the preliminary	73164
plan.	73165

(H) Upon receipt from a board of county commissioners of a	73166
certified copy of a resolution required by division (A) or (D) of	73167
this section, or from the board of elections of a notice of the	73168
results of an election required by division (A) or (B)(1) or (2)	73169
of this section, the tax commissioner shall provide notice of a	73170
tax rate change in a manner that is reasonably accessible to all	73171
affected vendors. The commissioner shall provide this notice at	73172
least sixty days prior to the effective date of the rate change.	73173
The commissioner, by rule, may establish the method by which	73174
notice will be provided.	73175

(I) As used in this section, "criminal and administrative	73176
justice services" means the exercise by the county sheriff of all	73177
powers and duties vested in that office by law; the exercise by	73178
the county prosecuting attorney of all powers and duties vested in	73179
that office by law; the exercise by any court in the county of all	73180
powers and duties vested in that court; the exercise by the clerk	73181
of the court of common pleas, any clerk of a municipal court	73182
having jurisdiction throughout the county, or the clerk of any	73183
county court of all powers and duties vested in the clerk by law	73184
except, in the case of the clerk of the court of common pleas, the	73185
titling of motor vehicles or watercraft pursuant to Chapter 1548.	73186
or 4505. of the Revised Code; the exercise by the county coroner	73187
of all powers and duties vested in that office by law; making	73188
payments to any other public agency or a private, nonprofit	73189
agency, the purposes of which in the county include the diversion,	73190
adjudication, detention, or rehabilitation of criminals or	73191
juvenile offenders; the operation and maintenance of any detention	73192
facility, as defined in section 2921.01 of the Revised Code; and	73193
the construction, acquisition, equipping, or repair of such a	73194
detention facility, including the payment of any debt charges	73195
incurred in the issuance of securities pursuant to Chapter 133. of	73196
the Revised Code for the purpose of constructing, acquiring,	73197
equipping, or repairing such a facility.	73198

Sec. 5739.022.  (A) The question of repeal of either a county	73199
permissive tax or an increase in the rate of a county permissive	73200
tax that was adopted as an emergency measure pursuant to section	73201
5739.021 or 5739.026 of the Revised Code may be initiated by	73202
filing with the board of elections of the county not less than	73203
seventy-five days before the general election in any year a	73204
petition requesting that an election be held on the question. The	73205
question of repealing an increase in the rate of the county	73206
permissive tax shall be submitted to the electors as a separate	73207
question from the repeal of the tax in effect prior to the	73208
increase in the rate. Any petition filed under this section shall	73209
be signed by qualified electors residing in the county equal in	73210
number to ten per cent of those voting for governor at the most	73211
recent gubernatorial election.	73212

After determination by it that the petition is valid, the	73213
board of elections shall submit the question to the electors of	73214
the county at the next general election. The election shall be	73215
conducted, canvassed, and certified in the same manner as regular	73216
elections for county offices in the county. The board of elections	73217
shall notify the tax commissioner, in writing, of the election	73218
upon determining that the petition is valid. Notice of the	73219
election shall also be published in a newspaper of general	73220
circulation in the district once a week for four consecutive weeks	73221
prior to the election, stating the purpose, the time, and the	73222
place of the election. The form of the ballot cast at the election	73223
shall be prescribed by the secretary of state; however, the ballot	73224
question shall read, "shall the tax (or, increase in the rate of	73225
the tax) be retained?	73226

73227

73230

The question covered by the petition shall be submitted as a	73231
separate proposition, but it may be printed on the same ballot	73232
with any other proposition submitted at the same election other	73233
than the election of officers.	73234

(B) If a majority of the qualified electors voting on the	73235
question of repeal of either a county permissive tax or an	73236
increase in the rate of a county permissive tax approve the	73237
repeal, the board of elections shall notify the board of county	73238
commissioners and the tax commissioner of the result of the	73239
election immediately after the result has been declared. The board	73240
of county commissioners shall, on the first day of the month	73241
calendar quarter following the expiration of thirtysixty-five	73242
days after the date it receives the board and the tax commissioner	73243
receive the notice, in the case of a repeal of a county permissive	73244
tax, cease to levy the tax, or, in the case of a repeal of an	73245
increase in the rate of a county permissive tax, levy the tax at	73246
the rate at which it was imposed immediately prior to the increase	73247
in rate and cease to levy the increased rate.	73248

(C) Upon receipt from a board of elections of a notice of the	73249
results of an election required by division (B) of this section,	73250
the tax commissioner shall provide notice of a tax repeal or rate	73251
change in a manner that is reasonably accessible to all affected	73252
vendors. The commissioner shall provide this notice at least sixty	73253
days prior to the effective date of the rate change. The	73254
commissioner, by rule, may establish the method by which notice	73255
will be provided.	73256

(D) If a vendor that is registered with the central	73257
electronic registration system provided for in section 5740.05 of	73258
the Revised Code makes a sale in this state by printed catalog and	73259
the consumer computed the tax on the sale based on local rates	73260
published in the catalog, any tax repealed or rate changed under	73261
this section shall not apply to such a sale until the first day of	73262
a calendar quarter following the expiration of one hundred twenty	73263
days from the date of notice by the tax commissioner pursuant to	73264
division (C) of this section.	73265

Sec. 5739.023.  (A)(1) For the purpose of providing	73266
additional general revenues for a transit authority and paying the	73267
expenses of administering such levy, any transit authority as	73268
defined in division (U) of section 5739.01 of the Revised Code may	73269
levy a tax upon every retail sale made in the territory of the	73270
transit authority, except sales of watercraft and outboard motors	73271
required to be titled pursuant to Chapter 1548. of the Revised	73272
Code and sales of motor vehicles, at a rate of not more than one	73273
and one-half per cent at any multiple of one-fourth of one per	73274
cent and may increase the existing rate of tax to not more than	73275
one and one-half per cent at any multiple of one-fourth of one per	73276
cent. The tax shall be levied and the rate increased pursuant to a	73277
resolution of the legislative authority of the transit authority	73278
and a certified copy of the resolution shall be delivered by the	73279
fiscal officer to the board of elections as provided in section	73280
3505.071 of the Revised Code and to the tax commissioner. The	73281
resolution shall specify the number of years for which the tax is	73282
to be in effect or that the tax is for a continuing period of	73283
time, and the date of the election on the question of the tax	73284
pursuant to section 306.70 of the Revised Code. The board of	73285
elections shall certify the results of the election to the transit	73286
authority and tax commissioner.	73287

(2) Except as provided in division (C) of this section, the	73288
tax levied by the resolution shall become effective on the first	73289
day of a calendar quarter next following the sixtiethsixty-fifth	73290
day following the date the tax commissioner receives from the	73291
board of elections the certification of the results of the	73292
election on the question of the tax by the board of elections.	73293

(B) The legislative authority may, at any time while the tax	73294
is in effect, by resolution fix the rate of the tax at any rate	73295
authorized by this section and not in excess of that approved by	73296
the voters pursuant to section 306.70 of the Revised Code. Except	73297
as provided in division (C) of this section, any change in the	73298
rate of the tax shall be made effective on the first day of a	73299
calendar quarter next following the sixtiethsixty-fifth day	73300
following the date the tax commissioner receives the certification	73301
of the resolution to the tax commissioner; provided, that in any	73302
case where bonds, or notes in anticipation of bonds, of a regional	73303
transit authority have been issued under section 306.40 of the	73304
Revised Code without a vote of the electors while the tax proposed	73305
to be reduced was in effect, the board of trustees of the regional	73306
transit authority shall continue to levy and collect under	73307
authority of the original election authorizing the tax a rate of	73308
tax that the board of trustees reasonably estimates will produce	73309
an amount in that year equal to the amount of principal of and	73310
interest on those bonds as is payable in that year.	73311

(C) Upon receipt from the board of elections of the	73312
certification of the results of the election required by division	73313
(A) of this section, or from the legislative authority of the	73314
certification of a resolution under division (B) of this section,	73315
the tax commissioner shall provide notice of a tax rate change in	73316
a manner that is reasonably accessible to all affected vendors.	73317
The commissioner shall provide this notice at least sixty days	73318
prior to the effective date of the rate change. The commissioner,	73319
by rule, may establish the method by which notice will be	73320
provided.	73321

(D) If a vendor that is registered with the central	73322
electronic registration system provided for in section 5740.05 of	73323
the Revised Code makes a sale in this state by printed catalog and	73324
the consumer computed the tax on the sale based on local rates	73325
published in the catalog, any tax levied or rate changed under	73326
this section shall not apply to such a sale until the first day of	73327
a calendar quarter following the expiration of one hundred twenty	73328
days from the date of notice by the tax commissioner to the	73329
vendor, or to the vendor's certified service provider, if the	73330
vendor has selected onepursuant to division (C) of this section.	73331

(D)(E) The tax on every retail sale subject to a tax levied	73332
pursuant to this section is in addition to the tax levied by	73333
section 5739.02 of the Revised Code and any tax levied pursuant to	73334
section 5739.021 or 5739.026 of the Revised Code.	73335

(E)(F) The additional tax levied by the transit authority	73336
shall be collected pursuant to section 5739.025 of the Revised	73337
Code.	73338

(F)(G) Any tax levied pursuant to this section is subject to	73339
the exemptions provided in section 5739.02 of the Revised Code and	73340
in addition shall not be applicable to sales not within the taxing	73341
power of a transit authority under the constitution of the United	73342
States or the constitution of this state.	73343

(G)(H) The rate of a tax levied under this section is subject	73344
to reduction under section 5739.028 of the Revised Code, if a	73345
ballot question is approved by voters pursuant to that section.	73346

Sec. 5739.025.  As used in this section, "local tax" means a	73347
tax imposed pursuant to section 5739.021, 5739.023, 5739.026,	73348
5741.021, 5741.022, or 5741.023 of the Revised Code.	73349

(A) The taxes levied by sections 5739.02 and 5741.02 of the	73350
Revised Code shall be collected as follows:	73351

(1) On and after July 1, 2003, and on or before June 30,	73352
2005, in accordance with the following schedule:	73353

If the price exceeds one dollar, the tax is six cents on each	73363
one dollar. If the price exceeds one dollar or a multiple thereof	73364
by not more than seventeen cents, the amount of tax is six cents	73365
for each one dollar plus one cent. If the price exceeds one dollar	73366
or a multiple thereof by more than seventeen cents, the amount of	73367
tax is six cents for each one dollar plus the amount of tax for	73368
prices eighteen cents through ninety-nine cents in accordance with	73369
the schedule above.	73370

(2) On and after July 1, 2005, and on and before December 31,	73371
2005, in accordance with the following schedule:	73372

If the price exceeds one dollar, the tax is five cents on	73381
each one dollar. If the price exceeds one dollar or a multiple	73382
thereof by not more than twenty cents, the amount of tax is five	73383
cents for each one dollar plus one cent. If the price exceeds one	73384
dollar or a multiple thereof by more than twenty cents, the amount	73385
of tax is five cents for each one dollar plus the amount of tax	73386
for prices twenty-one cents through ninety-nine cents in	73387
accordance with the schedule above.	73388

(B) TheOn and after July 1, 2003, and on and before June 30,	73389
2005, the combined taxes levied by sections 5739.02 and 5741.02	73390
and pursuant to sections 5739.021, 5739.023, 5739.026, 5741.021,	73391
5741.022, and 5741.023 of the Revised Code shall be collected in	73392
accordance with the following schedules:	73393

(1) When the combined rate of state and local tax is six and	73394
one-fourth per cent:	73395

If the price exceeds four dollars, the tax is twenty-five	73424
cents on each four dollars. If the price exceeds four dollars or a	73425
multiple thereof by not more than sixteen cents, the amount of tax	73426
is twenty-five cents for each four dollars plus one cent. If the	73427
price exceeds four dollars or a multiple thereof by more than	73428
sixteen cents, the amount of tax is twenty-five cents for each	73429
four dollars plus the amount of tax for prices seventeen cents	73430
through three dollars and ninety-nine cents in accordance with the	73431
schedule above.	73432

(2) When the combined rate of state and local tax is six and	73433
one-half per cent:	73434

If the price exceeds two dollars, the tax is thirteen cents	73450
on each two dollars. If the price exceeds two dollars or a	73451
multiple thereof by not more than fifteen cents, the amount of tax	73452
is thirteen cents for each two dollars plus one cent. If the price	73453
exceeds two dollars or a multiple thereof by more than fifteen	73454
cents, the amount of tax is thirteen cents for each two dollars	73455
plus the amount of tax for prices sixteen cents through one dollar	73456
and ninety-nine cents in accordance with the schedule above.	73457

(3) When the combined rate of state and local tax is six and	73458
three-fourths per cent:	73459

If the price exceeds four dollars, the tax is twenty-seven	73489
cents on each four dollars. If the price exceeds four dollars or a	73490
multiple thereof by not more than fourteen cents, the amount of	73491
tax is twenty-seven cents for each four dollars plus one cent. If	73492
the price exceeds four dollars or a multiple thereof by more than	73493
fourteen but by not more than twenty-nine cents, the amount of tax	73494
is twenty-seven cents for each four dollars plus two cents. If the	73495
price exceeds four dollars or a multiple thereof by more than	73496
twenty-nine cents the amount of tax is twenty-seven cents for each	73497
four dollars plus the amount of tax for prices thirty cents	73498
through three dollars and ninety-nine cents in accordance with the	73499
schedule above.	73500

(4) When the combined rate of state and local tax is seven	73501
per cent:	73502

If the price exceeds one dollar, the tax is seven cents on	73512
each one dollar. If the price exceeds one dollar or a multiple	73513
thereof by not more than fifteen cents, the amount of tax is seven	73514
cents for each one dollar plus one cent. If the price exceeds one	73515
dollar or a multiple thereof by more than fifteen cents, the	73516
amount of tax is seven cents for each one dollar plus the amount	73517
of tax for prices sixteen cents through ninety-nine cents in	73518
accordance with the schedule above.	73519

(5) When the combined rate of state and local tax is seven	73520
and one-fourth per cent:	73521

If the price exceeds four dollars, the tax is twenty-nine	73553
cents on each four dollars. If the price exceeds four dollars or a	73554
multiple thereof by not more than thirteen cents, the amount of	73555
tax is twenty-nine cents for each four dollars plus one cent. If	73556
the price exceeds four dollars or a multiple thereof by more than	73557
thirteen cents but by not more than twenty-seven cents, the amount	73558
of tax is twenty-nine cents for each four dollars plus two cents.	73559
If the price exceeds four dollars or a multiple thereof by more	73560
than twenty-seven cents, the amount of tax is twenty-nine cents	73561
for each four dollars plus the amount of tax for prices	73562
twenty-eight cents through three dollars and ninety-nine cents in	73563
accordance with the schedule above.	73564

(6) When the combined rate of state and local tax is seven	73565
and one-half per cent:	73566

If the price exceeds two dollars, the tax is fifteen cents on	73584
each two dollars. If the price exceeds two dollars or a multiple	73585
thereof by not more than fifteen cents, the amount of tax is	73586
fifteen cents for each two dollars plus one cent. If the price	73587
exceeds two dollars or a multiple thereof by more than fifteen	73588
cents, the amount of tax is fifteen cents for each two dollars	73589
plus the amount of tax for prices sixteen cents through one dollar	73590
and ninety-nine cents in accordance with the schedule above.	73591

(7) When the combined rate of state and local tax is seven	73592
and three-fourths per cent:	73593

If the price exceeds four dollars, the tax is thirty-one	73627
cents on each four dollars. If the price exceeds four dollars or a	73628
multiple thereof by not more than twelve cents, the amount of tax	73629
is thirty-one cents for each four dollars plus one cent. If the	73630
price exceeds four dollars or a multiple thereof by more than	73631
twelve cents but by not more than twenty-five cents, the amount of	73632
tax is thirty-one cents for each four dollars plus two cents. If	73633
the price exceeds four dollars or a multiple thereof by more than	73634
twenty-five cents, the amount of tax is thirty-one cents for each	73635
four dollars plus the amount of tax for prices twenty-six cents	73636
through three dollars and ninety-nine cents in accordance with the	73637
schedule above.	73638

(8) When the combined rate of state and local tax is eight	73639
per cent:	73640

If the price exceeds one dollar, the tax is eight cents on	73651
each one dollar. If the price exceeds one dollar or a multiple	73652
thereof by not more than twelve cents, the amount of tax is eight	73653
cents for each one dollar plus one cent. If the price exceeds one	73654
dollar or a multiple thereof by more than twelve cents but not	73655
more than twenty-five cents, the amount of tax is eight cents for	73656
each one dollar plus two cents. If the price exceeds one dollar or	73657
a multiple thereof by more than twenty-five cents, the amount of	73658
tax is eight cents for each one dollar plus the amount of tax for	73659
prices twenty-six cents through ninety-nine cents in accordance	73660
with the schedule above.	73661

(9) When the combined rate of state and local tax is eight	73662
and one-fourth per cent:	73663

If the price exceeds four dollars, the tax is thirty-three	73699
cents on each four dollars. If the price exceeds four dollars or a	73700
multiple thereof by not more than eleven cents, the amount of tax	73701
is thirty-three cents for each four dollars plus one cent. If the	73702
price exceeds four dollars or a multiple thereof by more than	73703
eleven cents but by not more than twenty-four cents, the amount of	73704
tax is thirty-three cents for each four dollars plus two cents. If	73705
the price exceeds four dollars or a multiple thereof by more than	73706
twenty-four cents, the amount of tax is thirty-three cents for	73707
each four dollars plus the amount of tax for prices twenty-six	73708
cents through three dollars and ninety-nine cents in accordance	73709
with the schedule above.	73710

(10) When the combined rate of state and local tax is eight	73711
and one-half per cent:	73712

If the price exceeds two dollars, the tax is seventeen cents	73732
on each two dollars. If the price exceeds two dollars or a	73733
multiple thereof by not more than eleven cents, the amount of tax	73734
is seventeen cents for each two dollars plus one cent. If the	73735
price exceeds two dollars or a multiple thereof by more than	73736
eleven cents but by not more than twenty-three cents, the amount	73737
of tax is seventeen cents for each two dollars plus two cents. If	73738
the price exceeds two dollars or a multiple thereof by more than	73739
twenty-three cents, the amount of tax is seventeen cents for each	73740
two dollars plus the amount of tax for prices twenty-four cents	73741
through one dollar and ninety-nine cents in accordance with the	73742
schedule above.	73743

(11) When the combined rate of state and local tax is eight	73744
and three-fourths per cent:	73745

If the price exceeds four dollars, the tax is thirty-five	73783
cents on each four dollars. If the price exceeds four dollars or a	73784
multiple thereof by not more than eleven cents, the amount of tax	73785
is thirty-five cents for each four dollars plus one cent. If the	73786
price exceeds four dollars or a multiple thereof by more than	73787
eleven cents but by not more than twenty-two cents, the amount of	73788
tax is thirty-five cents for each four dollars plus two cents. If	73789
the price exceeds four dollars or a multiple thereof by more than	73790
twenty-two cents, the amount of tax is thirty-five cents for each	73791
four dollars plus the amount of tax for prices twenty-three cents	73792
through three dollars and ninety-nine cents in accordance with the	73793
schedule above.	73794

(12) When the combined rate of state and local tax is nine	73795
per cent:	73796

If the price exceeds one dollar, the tax is nine cents on	73808
each one dollar. If the price exceeds one dollar or a multiple	73809
thereof by not more than eleven cents, the amount of tax is nine	73810
cents for each one dollar plus one cent. If the price exceeds one	73811
dollar or a multiple thereof by more than eleven cents but by not	73812
more than twenty-two cents, the amount of tax is nine cents for	73813
each one dollar plus two cents. If the price exceeds one dollar or	73814
a multiple thereof by more than twenty-two cents, the amount of	73815
tax is nine cents for each one dollar plus the amount of tax for	73816
prices twenty-three cents through ninety-nine cents in accordance	73817
with the schedule above.	73818

(C) On and after July 1, 2005, and on and before December 31,	73819
2005, the combined taxes levied by sections 5739.02 and 5741.02	73820
and pursuant to sections 5739.021, 5739.023, 5739.026, 5741.021,	73821
5741.022, and 5741.023 of the Revised Code shall be collected in	73822
accordance with the following schedules:	73823

(1) When the total rate of local tax is one-fourth per cent:

73824

If the price exceeds four dollars, the tax is twenty-one	73849
cents on each four dollars. If the price exceeds four dollars or a	73850
multiple thereof by not more than nineteen cents, the amount of	73851
tax is twenty-one cents for each four dollars plus one cent. If	73852
the price exceeds four dollars or a multiple thereof by more than	73853
nineteen cents, the amount of tax is twenty-one cents for each	73854
four dollars plus the amount of tax for prices twenty cents	73855
through three dollars and ninety-nine cents in accordance with the	73856
schedule above.	73857

(2) When the combined rate of local tax is one-half per cent:

73858

If the price exceeds two dollars, the tax is eleven cents on	73873
each two dollars. If the price exceeds two dollars or a multiple	73874
thereof by not more than eighteen cents, the amount of tax is	73875
eleven cents for each two dollars plus one cent. If the price	73876
exceeds two dollars or a multiple thereof by more than eighteen	73877
cents, the amount of tax is eleven cents for each two dollars plus	73878
the amount of tax for prices nineteen cents through one dollar and	73879
ninety-nine cents in accordance with the schedule above.	73880

(3) When the combined rate of local tax is three-fourths per	73881
cent:	73882

If the price exceeds four dollars, the tax is twenty-three	73909
cents on each four dollars. If the price exceeds four dollars or a	73910
multiple thereof by not more than seventeen cents, the amount of	73911
tax is twenty-three cents for each four dollars plus one cent. If	73912
the price exceeds four dollars or a multiple thereof by more than	73913
seventeen cents, the amount of tax is twenty-three cents for each	73914
four dollars plus the amount of tax for prices eighteen cents	73915
through three dollars and ninety-nine cents in accordance with the	73916
schedule above.	73917

(4) When the combined rate of local tax is one per cent:

73918

If the price exceeds one dollar, the tax is six cents on each	73928
one dollar. If the price exceeds one dollar or a multiple thereof	73929
by not more than seventeen cents, the amount of tax is six cents	73930
for each one dollar plus one cent. If the price exceeds one dollar	73931
or a multiple thereof by more than seventeen cents, the amount of	73932
tax is six cents for each one dollar plus the amount of tax for	73933
prices eighteen cents through ninety-nine cents in accordance with	73934
the schedule above.	73935

(5) When the combined rate of local tax is one and one-fourth	73936
per cent:	73937

If the price exceeds four dollars, the tax is twenty-five	73966
cents on each four dollars. If the price exceeds four dollars or a	73967
multiple thereof by not more than sixteen cents, the amount of tax	73968
is twenty-five cents for each four dollars plus one cent. If the	73969
price exceeds four dollars or a multiple thereof by more than	73970
sixteen cents, the amount of tax is twenty-five cents for each	73971
four dollars plus the amount of tax for prices seventeen cents	73972
through three dollars and ninety-nine cents in accordance with the	73973
schedule above.	73974

(6) When the combined rate of local tax is one and one-half	73975
per cent:	73976

If the price exceeds two dollars, the tax is thirteen cents	73992
on each two dollars. If the price exceeds two dollars or a	73993
multiple thereof by not more than fifteen cents, the amount of tax	73994
is thirteen cents for each two dollars plus one cent. If the price	73995
exceeds two dollars or a multiple thereof by more than fifteen	73996
cents, the amount of tax is thirteen cents for each two dollars	73997
plus the amount of tax for prices sixteen cents through one dollar	73998
and ninety-nine cents in accordance with the schedule above.	73999

(7) When the combined rate of local tax is one and	74000
three-fourths per cent:	74001

If the price exceeds four dollars, the tax is twenty-seven	74031
cents on each four dollars. If the price exceeds four dollars or a	74032
multiple thereof by not more than fourteen cents, the amount of	74033
tax is twenty-seven cents for each four dollars plus one cent. If	74034
the price exceeds four dollars or a multiple thereof by more than	74035
fourteen but by not more than twenty-nine cents, the amount of tax	74036
is twenty-seven cents for each four dollars plus two cents. If the	74037
price exceeds four dollars or a multiple thereof by more than	74038
twenty-nine cents the amount of tax is twenty-seven cents for each	74039
four dollars plus the amount of tax for prices thirty cents	74040
through three dollars and ninety-nine cents in accordance with the	74041
schedule above.	74042

(8) When the combined rate of local tax is two per cent:

74043

If the price exceeds one dollar, the tax is seven cents on	74053
each one dollar. If the price exceeds one dollar or a multiple	74054
thereof by not more than fifteen cents, the amount of tax is seven	74055
cents for each one dollar plus one cent. If the price exceeds one	74056
dollar or a multiple thereof by more than fifteen cents, the	74057
amount of tax is seven cents for each one dollar plus the amount	74058
of tax for prices sixteen cents through ninety-nine cents in	74059
accordance with the schedule above.	74060

(9) When the combined rate of local tax is two and one-fourth	74061
per cent:	74062

If the price exceeds four dollars, the tax is twenty-nine	74094
cents on each four dollars. If the price exceeds four dollars or a	74095
multiple thereof by not more than thirteen cents, the amount of	74096
tax is twenty-nine cents for each four dollars plus one cent. If	74097
the price exceeds four dollars or a multiple thereof by more than	74098
thirteen cents but by not more than twenty-seven cents, the amount	74099
of tax is twenty-nine cents for each four dollars plus two cents.	74100
If the price exceeds four dollars or a multiple thereof by more	74101
than twenty-seven cents, the amount of tax is twenty-nine cents	74102
for each four dollars plus the amount of tax for prices	74103
twenty-eight cents through three dollars and ninety-nine cents in	74104
accordance with the schedule above.	74105

(10) When the combined rate of local tax is two and one-half	74106
per cent:	74107

If the price exceeds two dollars, the tax is fifteen cents on	74125
each two dollars. If the price exceeds two dollars or a multiple	74126
thereof by not more than fifteen cents, the amount of tax is	74127
fifteen cents for each two dollars plus one cent. If the price	74128
exceeds two dollars or a multiple thereof by more than fifteen	74129
cents, the amount of tax is fifteen cents for each two dollars	74130
plus the amount of tax for prices sixteen cents through one dollar	74131
and ninety-nine cents in accordance with the schedule above.	74132

(11) When the combined rate of local tax is two and	74133
three-fourths per cent:	74134

If the price exceeds four dollars, the tax is thirty-one	74168
cents on each four dollars. If the price exceeds four dollars or a	74169
multiple thereof by not more than twelve cents, the amount of tax	74170
is thirty-one cents for each four dollars plus one cent. If the	74171
price exceeds four dollars or a multiple thereof by more than	74172
twelve cents but not more than twenty-five cents, the amount of	74173
tax is thirty-one cents for each four dollars plus two cents. If	74174
the price exceeds four dollars or a multiple thereof by more than	74175
twenty-five cents, the amount of tax is thirty-one cents for each	74176
four dollars plus the amount of tax for prices twenty-six cents	74177
through three dollars and ninety-nine cents in accordance with the	74178
schedule above.	74179

(12) When the combined rate of local tax is three per cent:

74180

If the price exceeds one dollar, the tax is eight cents on	74191
each one dollar. If the price exceeds one dollar or a multiple	74192
thereof by not more than twelve cents, the amount of tax is eight	74193
cents for each one dollar plus one cent. If the price exceeds one	74194
dollar or a multiple thereof by more than twelve cents but not	74195
more than twenty-five cents, the amount of tax is eight cents for	74196
each one dollar plus two cents. If the price exceeds one dollar or	74197
a multiple thereof by more than twenty-five cents, the amount of	74198
tax is eight cents for each one dollar plus the amount of tax for	74199
prices twenty-six cents through ninety-nine cents in accordance	74200
with the schedule above.	74201

(C)(D) In lieu of collecting the tax pursuant to the	74202
schedules set forth in divisions (A) and, (B), and (C) of this	74203
section, a vendor may compute the tax on each sale as follows:	74204

(1) On sales of fifteen cents or less, no tax shall apply.

74205

(2) On sales in excess of fifteen cents, multiply the price	74206
by the aggregate rate of taxes in effect under sections 5739.01	74207
5739.02 and 5741.02 and sections 5739.021, 5739.023, 5739.026,	74208
5741.021, 5741.022, and 5741.023 of the Revised Code. The	74209
computation shall be carried out to six decimal places. If the	74210
result is a fractional amount of a cent, the calculated tax shall	74211
be increased to the next highest cent and that amount shall be	74212
collected by the vendor.	74213

(D)(E) On and after January 1, 2006, a vendor shall compute	74214
the tax on each sale by multiplying the price by the aggregate	74215
rate of taxes in effect under sections 5739.02 and 5741.02, and	74216
sections 5739.021, 5739.023, 5739.026, 5741.021, 5741.022, and	74217
5741.023 of the Revised Code. The computation shall be carried out	74218
to three decimal places. If the result is a fractional amount of a	74219
cent, the calculated tax shall be rounded to a whole cent using a	74220
method that rounds up to the next cent whenever the third decimal	74221
place is greater than four. A vendor may elect to compute the tax	74222
due on a transaction on an item or an invoice basis.	74223

(F) In auditing a vendor, the tax commissioner shall consider	74224
the method prescribed by this section that was used by the vendor	74225
in determining and collecting the tax due under this chapter on	74226
taxable transactions. If the vendor correctly collects and remits	74227
the tax due under this chapter in accordance with the schedules in	74228
divisions (A) and, (B), and (C) of this section or in accordance	74229
with the computation prescribed in division (C)(D) or (E) of this	74230
section, the commissioner shall not assess any additional tax on	74231
those transactions.	74232

(G)(1) With respect to a sale of a fractional ownership	74233
program aircraft used primarily in a fractional aircraft ownership	74234
program, including all accessories attached to such aircraft, the	74235
tax shall be calculated pursuant to divisions (A) to (E) of this	74236
section, provided that the tax commissioner shall modify those	74237
calculations so that the maximum tax on each program aircraft is	74238
eight hundred dollars. In the case of a sale of a fractional	74239
interest that is less than one hundred per cent of the program	74240
aircraft, the tax charged on the transaction shall be eight	74241
hundred dollars multiplied by a fraction, the numerator of which	74242
is the percentage of ownership or possession in the aircraft being	74243
purchased in the transaction, and the denominator of which is one	74244
hundred per cent.	74245

(2) Notwithstanding any other provision of law to the	74246
contrary, the tax calculated under division (G)(1) of this section	74247
and paid with respect to the sale of a fractional ownership	74248
program aircraft used primarily in a fractional aircraft ownership	74249
program shall be credited to the general revenue fund.	74250

Sec. 5739.026.  (A) A board of county commissioners may levy	74251
a tax of one-fourth or one-half of one per cent on every retail	74252
sale in the county, except sales of watercraft and outboard motors	74253
required to be titled pursuant to Chapter 1548. of the Revised	74254
Code and sales of motor vehicles, and may increase an existing	74255
rate of one-fourth of one per cent to one-half of one per cent, to	74256
pay the expenses of administering the tax and, except as provided	74257
in division (A)(6) of this section, for any one or more of the	74258
following purposes provided that the aggregate levy for all such	74259
purposes does not exceed one-half of one per cent:	74260

(1) To provide additional revenues for the payment of bonds	74261
or notes issued in anticipation of bonds issued by a convention	74262
facilities authority established by the board of county	74263
commissioners under Chapter 351. of the Revised Code and to	74264
provide additional operating revenues for the convention	74265
facilities authority;	74266

(2) To provide additional revenues for a transit authority	74267
operating in the county;	74268

(3) To provide additional revenue for the county's general	74269
fund;	74270

(4) To provide additional revenue for permanent improvements	74271
within the county to be distributed by the community improvements	74272
board in accordance with section 307.283 and to pay principal,	74273
interest, and premium on bonds issued under section 307.284 of the	74274
Revised Code;	74275

(5) To provide additional revenue for the acquisition,	74276
construction, equipping, or repair of any specific permanent	74277
improvement or any class or group of permanent improvements, which	74278
improvement or class or group of improvements shall be enumerated	74279
in the resolution required by division (D) of this section, and to	74280
pay principal, interest, premium, and other costs associated with	74281
the issuance of bonds or notes in anticipation of bonds issued	74282
pursuant to Chapter 133. of the Revised Code for the acquisition,	74283
construction, equipping, or repair of the specific permanent	74284
improvement or class or group of permanent improvements;	74285

(6) To provide revenue for the implementation and operation	74286
of a 9-1-1 system in the county. If the tax is levied or the rate	74287
increased exclusively for such purpose, the tax shall not be	74288
levied or the rate increased for more than five years. At the end	74289
of the last year the tax is levied or the rate increased, any	74290
balance remaining in the special fund established for such purpose	74291
shall remain in that fund and be used exclusively for such purpose	74292
until the fund is completely expended, and, notwithstanding	74293
section 5705.16 of the Revised Code, the board of county	74294
commissioners shall not petition for the transfer of money from	74295
such special fund, and the tax commissioner shall not approve such	74296
a petition.	74297

If the tax is levied or the rate increased for such purpose	74298
for more than five years, the board of county commissioners also	74299
shall levy the tax or increase the rate of the tax for one or more	74300
of the purposes described in divisions (A)(1) to (5) of this	74301
section and shall prescribe the method for allocating the revenues	74302
from the tax each year in the manner required by division (C) of	74303
this section.	74304

(7) To provide additional revenue for the operation or	74305
maintenance of a detention facility, as that term is defined under	74306
division (F) of section 2921.01 of the Revised Code;	74307

(8) To provide revenue to finance the construction or	74308
renovation of a sports facility, but only if the tax is levied for	74309
that purpose in the manner prescribed by section 5739.028 of the	74310
Revised Code.	74311

As used in division (A)(8) of this section:

74312

(a) "Sports facility" means a facility intended to house	74313
major league professional athletic teams.	74314

(b) "Constructing" or "construction" includes providing	74315
fixtures, furnishings, and equipment.	74316

(9) To provide additional revenue for the acquisition of	74317
agricultural easements, as defined in section 5301.67 of the	74318
Revised Code; to pay principal, interest, and premium on bonds	74319
issued under section 133.60 of the Revised Code; and for the	74320
supervision and enforcement of agricultural easements held by the	74321
county.	74322

Pursuant to section 755.171 of the Revised Code, a board of	74323
county commissioners may pledge and contribute revenue from a tax	74324
levied for the purpose of division (A)(5) of this section to the	74325
payment of debt charges on bonds issued under section 755.17 of	74326
the Revised Code.	74327

The rate of tax shall be a multiple of one-fourth of one per	74328
cent, unless a portion of the rate of an existing tax levied under	74329
section 5739.023 of the Revised Code has been reduced, and the	74330
rate of tax levied under this section has been increased, pursuant	74331
to section 5739.028 of the Revised Code, in which case the	74332
aggregate of the rates of tax levied under this section and	74333
section 5739.023 of the Revised Code shall be a multiple of	74334
one-fourth of one per cent. The tax shall be levied and the rate	74335
increased pursuant to a resolution adopted by a majority of the	74336
members of the board. The board shall deliver a certified copy of	74337
the resolution to the tax commissioner, not later than the	74338
sixty-fifth day prior to the date on which the tax is to become	74339
effective, which shall be the first day of a calendar quarter.	74340

Prior to the adoption of any resolution to levy the tax or to	74341
increase the rate of tax exclusively for the purpose set forth in	74342
division (A)(3) of this section, the board of county commissioners	74343
shall conduct two public hearings on the resolution, the second	74344
hearing to be no fewer than three nor more than ten days after the	74345
first. Notice of the date, time, and place of the hearings shall	74346
be given by publication in a newspaper of general circulation in	74347
the county once a week on the same day of the week for two	74348
consecutive weeks, the second publication being no fewer than ten	74349
nor more than thirty days prior to the first hearing. Except as	74350
provided in division (E) of this section, the resolution shall	74351
become effective on the first day of a calendar quarter following	74352
the expiration of sixty days from the date of its adoption,be	74353
subject to a referendum as provided in sections 305.31 to 305.41	74354
of the Revised Code. If the resolution is adopted as an emergency	74355
measure necessary for the immediate preservation of the public	74356
peace, health, or safety, it must receive an affirmative vote of	74357
all of the members of the board of county commissioners and shall	74358
state the reasons for the necessity.	74359

If the tax is for more than one of the purposes set forth in	74360
divisions (A)(1) to (7) and (9) of this section or is exclusively	74361
for one of the purposes set forth in division (A)(1), (2), (4),	74362
(5), (6), (7), or (9) of this section, the resolution shall not go	74363
into effect unless it is approved by a majority of the electors	74364
voting on the question of the tax.	74365

(B) The board of county commissioners shall adopt a	74366
resolution under section 351.02 of the Revised Code creating the	74367
convention facilities authority, or under section 307.283 of the	74368
Revised Code creating the community improvements board, before	74369
adopting a resolution levying a tax for the purpose of a	74370
convention facilities authority under division (A)(1) of this	74371
section or for the purpose of a community improvements board under	74372
division (A)(4) of this section.	74373

(C)(1) If the tax is to be used for more than one of the	74374
purposes set forth in divisions (A)(1) to (7) and (9) of this	74375
section, the board of county commissioners shall establish the	74376
method that will be used to determine the amount or proportion of	74377
the tax revenue received by the county during each year that will	74378
be distributed for each of those purposes, including, if	74379
applicable, provisions governing the reallocation of a convention	74380
facilities authority's allocation if the authority is dissolved	74381
while the tax is in effect. The allocation method may provide that	74382
different proportions or amounts of the tax shall be distributed	74383
among the purposes in different years, but it shall clearly	74384
describe the method that will be used for each year. Except as	74385
otherwise provided in division (C)(2) of this section, the	74386
allocation method established by the board is not subject to	74387
amendment during the life of the tax.	74388

(2) Subsequent to holding a public hearing on the proposed	74389
amendment, the board of county commissioners may amend the	74390
allocation method established under division (C)(1) of this	74391
section for any year, if the amendment is approved by the	74392
governing board of each entity whose allocation for the year would	74393
be reduced by the proposed amendment. In the case of a tax that is	74394
levied for a continuing period of time, the board may not so amend	74395
the allocation method for any year before the sixth year that the	74396
tax is in effect.	74397

(a) If the additional revenues provided to the convention	74398
facilities authority are pledged by the authority for the payment	74399
of convention facilities authority revenue bonds for as long as	74400
such bonds are outstanding, no reduction of the authority's	74401
allocation of the tax shall be made for any year except to the	74402
extent that the reduced authority allocation, when combined with	74403
the authority's other revenues pledged for that purpose, is	74404
sufficient to meet the debt service requirements for that year on	74405
such bonds.	74406

(b) If the additional revenues provided to the county are	74407
pledged by the county for the payment of bonds or notes described	74408
in division (A)(4) or (5) of this section, for as long as such	74409
bonds or notes are outstanding, no reduction of the county's or	74410
the community improvements board's allocation of the tax shall be	74411
made for any year, except to the extent that the reduced county or	74412
community improvements board allocation is sufficient to meet the	74413
debt service requirements for that year on such bonds or notes.	74414

(c) If the additional revenues provided to the transit	74415
authority are pledged by the authority for the payment of revenue	74416
bonds issued under section 306.37 of the Revised Code, for as long	74417
as such bonds are outstanding, no reduction of the authority's	74418
allocation of tax shall be made for any year, except to the extent	74419
that the authority's reduced allocation, when combined with the	74420
authority's other revenues pledged for that purpose, is sufficient	74421
to meet the debt service requirements for that year on such bonds.	74422

(d) If the additional revenues provided to the county are	74423
pledged by the county for the payment of bonds or notes issued	74424
under section 133.60 of the Revised Code, for so long as the bonds	74425
or notes are outstanding, no reduction of the county's allocation	74426
of the tax shall be made for any year, except to the extent that	74427
the reduced county allocation is sufficient to meet the debt	74428
service requirements for that year on the bonds or notes.	74429

(D)(1) The resolution levying the tax or increasing the rate	74430
of tax shall state the rate of the tax or the rate of the	74431
increase; the purpose or purposes for which it is to be levied;	74432
the number of years for which it is to be levied or that it is for	74433
a continuing period of time; the allocation method required by	74434
division (C) of this section; and if required to be submitted to	74435
the electors of the county under division (A) of this section, the	74436
date of the election at which the proposal shall be submitted to	74437
the electors of the county, which shall be not less than	74438
seventy-five days after the certification of a copy of the	74439
resolution to the board of elections and, if the tax is to be	74440
levied exclusively for the purpose set forth in division (A)(3) of	74441
this section, shall not occur in February or August of any year.	74442
Upon certification of the resolution to the board of elections,	74443
the board of county commissioners shall notify the tax	74444
commissioner in writing of the levy question to be submitted to	74445
the electors. If approved by a majority of the electors, the tax	74446
shall become effective on the first day of a calendar quarter next	74447
following the sixtiethsixty-fifth day following the certification	74448
of the results of the election todate the board of county	74449
commissioners and the tax commissioner byreceive from the board	74450
of elections the certification of the results of the election,	74451
except as provided in division (E) of this section.	74452

(2)(a) A resolution specifying that the tax is to be used	74453
exclusively for the purpose set forth in division (A)(3) of this	74454
section that is not adopted as an emergency measure may direct the	74455
board of elections to submit the question of levying the tax or	74456
increasing the rate of the tax to the electors of the county at a	74457
special election held on the date specified by the board of county	74458
commissioners in the resolution, provided that the election occurs	74459
not less than seventy-five days after the resolution is certified	74460
to the board of elections and the election is not held in February	74461
or August of any year. Upon certification of the resolution to the	74462
board of elections, the board of county commissioners shall notify	74463
the tax commissioner in writing of the levy question to be	74464
submitted to the electors. No resolution adopted under division	74465
(D)(2)(a) of this section shall go into effect unless approved by	74466
a majority of those voting upon it and, except as provided in	74467
division (E) of this section, not until the first day of a	74468
calendar quarter following the expiration of sixty-five days from	74469
the date of the notice to the tax commissioner byreceives notice	74470
from the board of elections of the affirmative vote.	74471

(b) A resolution specifying that the tax is to be used	74472
exclusively for the purpose set forth in division (A)(3) of this	74473
section that is adopted as an emergency measure shall become	74474
effective as provided in division (A) of this section, but may	74475
direct the board of elections to submit the question of repealing	74476
the tax or increase in the rate of the tax to the electors of the	74477
county at the next general election in the county occurring not	74478
less than seventy-five days after the resolution is certified to	74479
the board of elections. Upon certification of the resolution to	74480
the board of elections, the board of county commissioners shall	74481
notify the tax commissioner in writing of the levy question to be	74482
submitted to the electors. The ballot question shall be the same	74483
as that prescribed in section 5739.022 of the Revised Code. The	74484
board of elections shall notify the board of county commissioners	74485
and the tax commissioner of the result of the election immediately	74486
after the result has been declared. If a majority of the qualified	74487
electors voting on the question of repealing the tax or increase	74488
in the rate of the tax vote for repeal of the tax or repeal of the	74489
increase, the board of county commissioners, on the first day of a	74490
calendar quarter following the expiration of sixty-five days after	74491
the date itthe board and tax commissioner received notice of the	74492
result of the election, shall, in the case of a repeal of the tax,	74493
cease to levy the tax, or, in the case of a repeal of an increase	74494
in the rate of the tax, cease to levy the increased rate and levy	74495
the tax at the rate at which it was imposed immediately prior to	74496
the increase in rate.	74497

(c) A board of county commissioners, by resolution, may	74498
reduce the rate of a tax levied exclusively for the purpose set	74499
forth in division (A)(3) of this section to a lower rate	74500
authorized by this section. Any such reduction shall be made	74501
effective on the first day of the calendar quarter specified in	74502
the resolution, but not sooner than the first day of the month	74503
next following the sixtiethsixty-fifth day after the resolution	74504
is certified to the tax commissioner receives a certified copy of	74505
the resolution from the board.	74506

(E) If a vendor that is registered with the central	74507
electronic registration system provided for in section 5740.05 of	74508
the Revised Code makes a sale in this state by printed catalog and	74509
the consumer computed the tax on the sale based on local rates	74510
published in the catalog, any tax levied or repealed or rate	74511
changed under this section shall not apply to such a sale until	74512
the first day of a calendar quarter following the expiration of	74513
one hundred twenty days from the date of notice by the tax	74514
commissioner to the vendor, or to the vendor's certified service	74515
provider, if the vendor has selected onepursuant to division (G)	74516
of this section.	74517

(F) The tax levied pursuant to this section shall be in	74518
addition to the tax levied by section 5739.02 of the Revised Code	74519
and any tax levied pursuant to section 5739.021 or 5739.023 of the	74520
Revised Code.	74521

A county that levies a tax pursuant to this section shall	74522
levy a tax at the same rate pursuant to section 5741.023 of the	74523
Revised Code.	74524

The additional tax levied by the county shall be collected	74525
pursuant to section 5739.025 of the Revised Code.	74526

Any tax levied pursuant to this section is subject to the	74527
exemptions provided in section 5739.02 of the Revised Code and in	74528
addition shall not be applicable to sales not within the taxing	74529
power of a county under the Constitution of the United States or	74530
the Ohio Constitution.	74531

(G) Upon receipt from a board of county commissioners of a	74532
certified copy of a resolution required by division (A) of this	74533
section, or from the board of elections a notice of the results of	74534
an election required by division (D)(1), (2)(a), (b), or (c) of	74535
this section, the tax commissioner shall provide notice of a tax	74536
rate change in a manner that is reasonably accessible to all	74537
affected vendors. The commissioner shall provide this notice at	74538
least sixty days prior to the effective date of the rate change.	74539
The commissioner, by rule, may establish the method by which	74540
notice will be provided.	74541

Sec. 5739.03.  Except as provided in section 5739.05 of the	74542
Revised Code, the tax imposed by or pursuant to section 5739.02,	74543
5739.021, 5739.023, or 5739.026 of the Revised Code shall be paid	74544
by the consumer to the vendor, and each vendor shall collect from	74545
the consumer, as a trustee for the state of Ohio, the full and	74546
exact amount of the tax payable on each taxable sale, in the	74547
manner and at the times provided as follows:	74548

(A) If the price is, at or prior to the provision of the	74549
service or the delivery of possession of the thing sold to the	74550
consumer, paid in currency passed from hand to hand by the	74551
consumer or the consumer's agent to the vendor or the vendor's	74552
agent, the vendor or the vendor's agent shall collect the tax with	74553
and at the same time as the price;	74554

(B) If the price is otherwise paid or to be paid, the vendor	74555
or the vendor's agent shall, at or prior to the provision of the	74556
service or the delivery of possession of the thing sold to the	74557
consumer, charge the tax imposed by or pursuant to section	74558
5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code to	74559
the account of the consumer, which amount shall be collected by	74560
the vendor from the consumer in addition to the price. Such sale	74561
shall be reported on and the amount of the tax applicable thereto	74562
shall be remitted with the return for the period in which the sale	74563
is made, and the amount of the tax shall become a legal charge in	74564
favor of the vendor and against the consumer.	74565

If any sale is claimed to be exempt under division (E) of	74566
section 5739.01 of the Revised Code or under section 5739.02 of	74567
the Revised Code, with the exception of divisions (B)(1) to (11)	74568
or (28) of section 5739.02 of the Revised Code, the consumer must	74569
furnish to the vendor, and the vendor must obtain from the	74570
consumer, a certificate specifying the reason that the sale is not	74571
legally subject to the tax. If the transaction is claimed to be	74572
exempt under division (B)(13) of section 5739.02 of the Revised	74573
Code, the exemption certificate shall be signed by both the	74574
contractor and the contractee and such contractee shall be deemed	74575
to be the consumer of all items purchased under such claim of	74576
exemption in the event it is subsequently determined that the	74577
exemption is not properly claimed. The certificate shall be in	74578
such form as the tax commissioner by regulation prescribes. If no	74579
certificate is furnished or obtained within the period for filing	74580
the return for the period in which such sale is consummated, it	74581
shall be presumed that the tax applies. The Failure to have so	74582
furnished, or to have so obtained, a certificate shall not prevent	74583
a vendor or consumer from establishing that the sale is not	74584
subjuctsubject to the tax within sixty one hundred twenty days of	74585
the giving of notice by the commissioner of intention to levy an	74586
assassmentassessment, in which event the tax shall not apply.	74587

Certificates need not be obtained nor furnished where the	74588
identity of the consumer is such that the transaction is never	74589
subject to the tax imposed or where the item of tangible personal	74590
property sold or the service provided is never subject to the tax	74591
imposed, regardless of use, or when the sale is in interstate	74592
commerce.	74593

(C) As used in this division, "contractee" means a person who	74594
seeks to enter or enters into a contract or agreement with a	74595
contractor or vendor for the construction of real property or for	74596
the sale and installation onto real property of tangible personal	74597
property.	74598

Any contractor or vendor may request from any contractee a	74599
certification of what portion of the property to be transferred	74600
under such contract or agreement is to be incorporated into the	74601
realty and what portion will retain its status as tangible	74602
personal property after installation is completed. The contractor	74603
or vendor shall request the certification by certified mail	74604
delivered to the contractee, return receipt requested. Upon	74605
receipt of such request and prior to entering into the contract or	74606
agreement, the contractee shall furnish to the contractor or	74607
vendor a certification sufficiently detailed to enable the	74608
contractor or vendor to ascertain the resulting classification of	74609
all materials purchased or fabricated by the contractor or vendor	74610
and transferred to the contractee. This requirement applies to a	74611
contractee regardless of whether the contractee holds a direct	74612
payment permit under section 5739.031 of the Revised Code or	74613
furnishes to the contractor or vendor an exemption certificate as	74614
provided under this section.	74615

For the purposes of the taxes levied by this chapter and	74616
Chapter 5741. of the Revised Code, the contractor or vendor may in	74617
good faith rely on the contractee's certification. Notwithstanding	74618
division (B) of section 5739.01 of the Revised Code, if the tax	74619
commissioner determines that certain property certified by the	74620
contractee as tangible personal property pursuant to this division	74621
is, in fact, real property, the contractee shall be considered to	74622
be the consumer of all materials so incorporated into that real	74623
property and shall be liable for the applicable tax, and the	74624
contractor or vendor shall be excused from any liability on those	74625
materials.	74626

If a contractee fails to provide such certification upon the	74627
request of the contractor or vendor, the contractor or vendor	74628
shall comply with the provisions of this chapter and Chapter 5741.	74629
of the Revised Code without the certification. If the tax	74630
commissioner determines that such compliance has been performed in	74631
good faith and that certain property treated as tangible personal	74632
property by the contractor or vendor is, in fact, real property,	74633
the contractee shall be considered to be the consumer of all	74634
materials so incorporated into that real property and shall be	74635
liable for the applicable tax and the construction contractor or	74636
vendor shall be excused from any liability on those materials.	74637

This division does not apply to any contract or agreement	74638
where the tax commissioner determines as a fact that a	74639
certification under this division was made solely on the decision	74640
or advice of the contractor or vendor.	74641

(D) Notwithstanding division (B) of section 5739.01 of the	74642
Revised Code, whenever the total rate of tax imposed under this	74643
chapter is increased after the date after a construction contract	74644
is entered into, the contractee shall reimburse the construction	74645
contractor for any additional tax paid on tangible property	74646
consumed or services received pursuant to the contract.	74647

(E) A vendor who files a petition for reassessment contesting	74648
the assessment of tax on sales for which the vendor obtained no	74649
valid exemption certificates and for which the vendor failed to	74650
establish that the sales were properly not subject to the tax	74651
during the one-hundred-twenty-day period allowed under division	74652
(B) of this section, may present to the tax commissioner	74653
additional evidence to prove that the sales were properly subject	74654
to a claim of exception or exemption. The vendor shall file such	74655
evidence within ninety days of the receipt by the vendor of the	74656
notice of assessment, except that, upon application and for	74657
reasonable cause, the period for submitting such evidence shall be	74658
extended thirty days.	74659

The commissioner shall consider such additional evidence in	74660
reaching the final determination on the assessment and petition	74661
for reassessment.	74662

(F) Whenever a vendor refunds to the consumer the full price	74663
of an item of tangible personal property on which the tax imposed	74664
under this chapter has been paid, the vendor shall also refund the	74665
full amount of the tax paid.	74666

Sec. 5739.032.  (A) If the total amount of tax required to be	74667
paid by a permit holder under section 5739.031 of the Revised Code	74668
for any calendar year indicated in the following schedule equals	74669
or exceeds the amounts prescribed for that year in the schedule	74670
seventy-five thousand dollars, the permit holder shall remit each	74671
monthly tax payment in the second ensuing and each succeeding year	74672
by electronic funds transfer as prescribed by division (B) of this	74673
section.	74674

If a permit holder's tax payment for each of two consecutive	74677
years beginning with 2000 is less than sixtyseventy-five thousand	74678
dollars, the permit holder is relieved of the requirement to remit	74679
taxes by electronic funds transfer for the year that next follows	74680
the second of the consecutive years in which the tax payment is	74681
less than sixty thousand dollarsthat amount, and is relieved of	74682
that requirement for each succeeding year, unless the tax payment	74683
in a subsequent year equals or exceeds sixtyseventy-five thousand	74684
dollars.	74685

The tax commissioner shall notify each permit holder required	74686
to remit taxes by electronic funds transfer of the permit holder's	74687
obligation to do so, shall maintain an updated list of those	74688
permit holders, and shall timely certify the list and any	74689
additions thereto or deletions therefrom to the treasurer of	74690
state. Failure by the tax commissioner to notify a permit holder	74691
subject to this section to remit taxes by electronic funds	74692
transfer does not relieve the permit holder of its obligation to	74693
remit taxes by electronic funds transfer.	74694

(B) Permit holders required by division (A) of this section	74695
to remit payments by electronic funds transfer shall remit such	74696
payments to the treasurer of state in the manner prescribed by	74697
this section and rules adopted by the treasurer of state under	74698
section 113.061 of the Revised Code, and on or before the	74699
following dates:	74700

(1) On or before each of the eleventh, eighteenth,fifteenth	74701
and twenty-fifth days of each month, a permit holder shall remit	74702
an amount equal to one-fourththirty-seven and one-half per cent	74703
of the permit holder's total tax liability for the same month in	74704
the preceding calendar year.	74705

(2) On or before the twenty-third day of each month, a permit	74706
holder shall report the taxes due for the previous month and shall	74707
remit that amount, less any amounts paid for that month as	74708
required by division (B)(1) of this section.	74709

The payment of taxes by electronic funds transfer does not	74710
affect a permit holder's obligation to file the monthly return as	74711
required under section 5739.031 of the Revised Code.	74712

(C) A permit holder required by this section to remit taxes	74713
by electronic funds transfer may apply to the treasurer of state	74714
in the manner prescribed by the treasurer of state to be excused	74715
from that requirement. The treasurer of state may excuse the	74716
permit holder from remittance by electronic funds transfer for	74717
good cause shown for the period of time requested by the permit	74718
holder or for a portion of that period. The treasurer of state	74719
shall notify the tax commissioner and the permit holder of the	74720
treasurer of state's decision as soon as is practicable.	74721

(D)(1) If a permit holder that is required to remit payments	74722
under division (B) of this section fails to make a payment, the	74723
commissioner may impose an additional charge not to exceed five	74724
per cent of that unpaid amount.	74725

(2) If a permit holder required by this section to remit	74726
taxes by electronic funds transfer remits those taxes by some	74727
means other than by electronic funds transfer as prescribed by	74728
this section and the rules adopted by the treasurer of state, and	74729
the tax commissioner determines that such failure was not due to	74730
reasonable cause or was due to willful neglect, the commissioner	74731
may impose an additional charge not to exceed the lesser of five	74732
per cent of the amount of the taxes required to be paid by	74733
electronic funds transfer or five thousand dollars.	74734

(3) Any additional charge imposed under division (D)(1) or	74735
(2) of this section is in addition to any other penalty or charge	74736
imposed under this chapter, and shall be considered as revenue	74737
arising from taxes imposed under this chapter. An additional	74738
charge may be collected by assessment in the manner prescribed by	74739
section 5739.13 of the Revised Code. The tax commissioner may	74740
waive all or a portion of such a charge and may adopt rules	74741
governing such waiver.	74742

No additional charge shall be imposed under division (D)(2)	74743
of this section against a permit holder that has been notified of	74744
its obligation to remit taxes under this section and that remits	74745
its first two tax payments after such notification by some means	74746
other than electronic funds transfer. The additional charge may be	74747
imposed upon the remittance of any subsequent tax payment that the	74748
permit holder remits by some means other than electronic funds	74749
transfer.	74750

Sec. 5739.033.  The amount of tax due pursuant to sections	74751
5739.02, 5739.021, 5739.023, and 5739.026 of the Revised Code is	74752
the sum of the taxes imposed pursuant to those sections at the	74753
situs of the sale as determined under this section or, if	74754
applicable, under division (C) of section 5739.031 of the Revised	74755
Code.	74756

(A) Except as otherwise provided in this section, division	74757
(C) of section 5739.031, and section 5739.034 of the Revised Code,	74758
the situs of all sales is the vendor's place of business.	74759

(1) If the consumer or the consumer's agent takes possession	74760
of the tangible personal property at a place of business of the	74761
vendor where the purchase contract or agreement was made, the	74762
situs of the sale is that place of business.	74763

(2) If the consumer or the consumer's agent takes possession	74764
of the tangible personal property other than at a place of	74765
business of the vendor, or takes possession at a warehouse or	74766
similar facility of the vendor, the situs of the sale is the	74767
vendor's place of business where the purchase contract or	74768
agreement was made or the purchase order was received.	74769

(3) If the vendor provides a service specified in division	74770
(B)(3)(a), (b), (c), (d), (n), or (o), (r), (s), or (t) of section	74771
5739.01 or makes a sale specified in division (B)(8) of section	74772
5739.01 of the Revised Code, the situs of the sale is the vendor's	74773
place of business where the service is performed or the contract	74774
or agreement for the service was made or the purchase order was	74775
received.	74776

(B) If the vendor is a transient vendor as specified in	74777
division (B) of section 5739.17 of the Revised Code, the situs of	74778
the sale is the vendor's temporary place of business or, if the	74779
transient vendor is the lessor of titled motor vehicles, titled	74780
watercraft, or titled outboard motors, at the location where the	74781
lessee keeps the leased property.	74782

(C) If the vendor makes sales of tangible personal property	74783
from a stock of goods carried in a motor vehicle, from which the	74784
purchaser makes selection and takes possession, or from which the	74785
vendor sells tangible personal property the quantity of which has	74786
not been determined prior to the time the purchaser takes	74787
possession, the situs of the sale is the location of the motor	74788
vehicle when the sale is made.	74789

(D) If the vendor is a delivery vendor as specified in	74790
division (D) of section 5739.17 of the Revised Code, the situs of	74791
the sale is the place where the tangible personal property is	74792
delivered, where the leased property is used, or where the service	74793
is performed or received.	74794

(E) If the vendor provides a service specified in division	74795
(B)(3)(e), (g), (h), (j), (k), (l), or (m), (q), or (u) of section	74796
5739.01 of the Revised Code, the situs of the sale is the location	74797
of the consumer where the service is performed or received.	74798

(F) Except as provided in division (I) or (J) of this	74799
section:	74800

(1) If the vendor provides a service specified in division	74801
(B)(3)(f) or (i) of section 5739.01 of the Revised Code, the situs	74802
of the sale is the location of the telephone number or account as	74803
reflected in the records of the vendor.	74804

(2) In the case of a telecommunications service, if the	74805
telephone number or account is located outside this state, the	74806
situs of the sale is the location in this state from which the	74807
service originated.	74808

(G) If the vendor provides lodging to transient guests as	74809
specified in division (B)(2) of section 5739.01 of the Revised	74810
Code, the situs of the sale is the location where the lodging is	74811
located.	74812

(H)(G) If the vendor sells a warranty, maintenance or service	74813
contract, or similar agreement as specified in division (B)(7) of	74814
section 5739.01 of the Revised Code and the vendor is a delivery	74815
vendor, the situs of the sale is the location of the consumer. If	74816
the vendor is not a delivery vendor, the situs of the sale is the	74817
vendor's place of business where the contract or agreement was	74818
made, unless the warranty or contract is a component of the sale	74819
of a titled motor vehicle, titled watercraft, or titled outboard	74820
motor, in which case the situs of the sale is the county of	74821
titling.	74822

(I) Except as otherwise provided in this division, if the	74823
vendor sells a prepaid authorization number or a prepaid telephone	74824
calling card, the situs of the sale is the vendor's place of	74825
business and shall be taxed at the time of sale. If the vendor	74826
sells a prepaid authorization number or prepaid telephone calling	74827
card through a telephone call, electronic commerce, or any other	74828
form of remote commerce, the situs of the sale is the consumer's	74829
shipping address, or, if there is no item shipped, at the	74830
consumer's billing address.	74831

Sec. 5739.034. (A) As used in this section:

74832

(1) "Air-to-ground radiotelephone service" means a radio	74833
service, as defined in 47 C.F.R. 22.99, in which common carriers	74834
are authorized to offer and provide radio telecommunications	74835
service for hire to subscribers in aircraft.	74836

(2) "Call-by-call basis" means any method of charging for	74837
telecommunications services where the price is measured by	74838
individual calls.	74839

(3) "Customer" means the person or entity that contracts with	74840
a seller of telecommunications service. If the end user of	74841
telecommunications service is not the contracting party, the end	74842
user of the telecommunications service is the customer of the	74843
telecommunications service. "Customer" does not include a reseller	74844
of telecommunications service or of mobile telecommunications	74845
service of a serving carrier under an agreement to serve the	74846
customer outside the home service provider's licensed service	74847
area.	74848

(4) "End user" means the person who utilizes the	74849
telecommunications service. In the case of a person other than an	74850
individual, "end user" means the individual who utilizes the	74851
service on behalf of the person.	74852

(5) "Home service provider" has the same meaning as in the	74853
"Mobile Telecommunications Sourcing Act," Pub. L. No. 106-252, 114	74854
Stat. 631 (2000), 4 U.S.C. 124(5), as amended.	74855

(6) "Place of primary use" means the street address	74856
representative of where the customer's use of the	74857
telecommunications service primarily occurs, which must be the	74858
residential street address or the primary business street address	74859
of the customer. In the case of mobile telecommunications	74860
services, "place of primary use" must be within the licensed	74861
service area of the home service provider.	74862

(7) "Post-paid calling service" means the telecommunications	74863
service obtained by making a payment on a call-by-call basis	74864
either through the use of a credit card or payment mechanism such	74865
as a bank card, travel card, credit card, or debit card, or by	74866
charge made to a telephone number that is not associated with the	74867
origination or termination of the telecommunications service.	74868
"Post-paid calling service" includes a telecommunications service	74869
that would be a prepaid calling service, but for the fact that it	74870
is not exclusively a telecommunications service.	74871

(8) "Prepaid calling service" means the right to access	74872
exclusively a telecommunications service that must be paid for in	74873
advance, that enables the origination of calls using an access	74874
number or authorization code, whether manually or electronically	74875
dialed, and that is sold in predetermined units or dollars of	74876
which the number declines with use in a known amount.	74877

(9) "Service address" means:

74878

(a) The location of the telecommunications equipment to which	74879
a customer's call is charged and from which the call originates or	74880
terminates, regardless of where the call is billed or paid.	74881

(b) If the location in division (A)(9)(a) of this section is	74882
not known, "service address" means the origination point of the	74883
signal of the telecommunications service first identified by	74884
either the seller's telecommunications system or in information	74885
received by the seller from its service provider, where the system	74886
used to transport such signals is not that of the seller.	74887

(c) If the locations in divisions (A)(9)(a) and (b) of this	74888
section are not known, "service address" means the location of the	74889
customer's place of primary use.	74890

(B) The amount of tax due pursuant to sections 5739.02,	74891
5739.021, 5739.023, and 5739.026 of the Revised Code on sales of	74892
telecommunications service, information service, or mobile	74893
telecommunications service, is the sum of the taxes imposed	74894
pursuant to those sections at the sourcing location of the sale as	74895
determined under this section.	74896

(C) Except for the telecommunications services described in	74897
division (E) of this section, the sale of telecommunications	74898
service sold on a call-by-call basis shall be sourced to each	74899
level of taxing jurisdiction where the call originates and	74900
terminates in that jurisdiction, or each level of taxing	74901
jurisdiction where the call either originates or terminates and in	74902
which the service address also is located.	74903

(D) Except for the telecommunications services described in	74904
division (E) of this section, a sale of telecommunications	74905
services sold on a basis other than a call-by-call basis shall be	74906
sourced to the customer's place of primary use.	74907

(E) The sale of the following telecommunications services	74908
shall be sourced to each level of taxing jurisdiction, as follows:	74909

(1) A sale of mobile telecommunications service, other than	74910
air-to-ground radiotelephone service and prepaid calling service,	74911
shall be sourced to the customer's place of primary use as	74912
required by the Mobile Telecommunications Sourcing Act.	74913

(2) A sale of post-paid calling service shall be sourced to	74914
the origination point of the telecommunications signal as first	74915
identified by the service provider's telecommunications system, or	74916
information received by the seller from its service provider,	74917
where the system used to transport such signals is not that of the	74918
seller.	74919

(3) A sale of prepaid calling service shall be sourced under	74920
section 5739.033 of the Revised Code; but in the case of a sale of	74921
mobile telecommunications service that is a prepaid	74922
telecommunications service, in lieu of sourcing the service under	74923
division (A)(5) of section 5739.033 of the Revised Code, the	74924
service may be sourced to the location associated with the mobile	74925
telephone number.	74926

Sec. 5739.10.  (A) In addition to the tax levied inby	74927
section 5739.02 of the Revised Code and any tax levied pursuant to	74928
section 5739.021, 5739.023, or 5739.026 of the Revised Code, and	74929
to secure the same objectives specified in saidthose sections,	74930
there is hereby levied upon the privilege of engaging in the	74931
business of making retail sales, an excise tax of five per cent,	74932
or, in the case of retail sales subject to a tax levied pursuant	74933
to section 5739.021, 5739.023, or 5739.026 of the Revised Code, a	74934
percentage equal to the aggregate rate of such taxes and the tax	74935
levied by section 5739.02 of the Revised Code of the receipts	74936
derived from all retail sales, except retail sales under sixteen	74937
cents and those to which the excise tax imposed by section 5739.02	74938
of the Revised Code is made inapplicable by division (B) of said	74939
that section.	74940

(B) For the purpose of this section, no vendor shall be	74941
required to maintain records of individual retail sales of	74942
tangible personal property under sixteen cents or sales of food	74943
for human consumption off the premises where sold, and no	74944
assessment shall be made against any vendor for retail sales of	74945
less than sixteen cents or for sales of food for human consumption	74946
off the premises where sold, solely because the vendor has no	74947
records of, or has inadequate records of, retail sales of less	74948
than sixteen cents orsuch sales of food for human consumption off	74949
the premises where sold; provided that where a vendor does not	74950
have adequate records of receipts from his retail sales in excess	74951
of fifteen cents orthe vendor's sales of food for human	74952
consumption on the premises where sold, the tax commissioner may	74953
refuse to accept the vendor's return and, upon the basis of test	74954
checks of the vendor's business for a representative period, and	74955
other information relating to the sales made by such vendor,	74956
determine the proportion that taxable retail sales bear to all his	74957
of the vendor's retail sales. The tax imposed by this section	74958
shall be determined by deducting from the sum representing five	74959
per cent, or, in the case of retail sales subject to a tax levied	74960
pursuant to section 5739.021, 5739.023, or 5739.026 of the Revised	74961
Code, a percentage equal to the aggregate rate of such taxes and	74962
the tax levied by section 5739.02 of the Revised Code of the	74963
receipts from such retail sales, the amount of tax paid to the	74964
state or to a clerk of a court of common pleas. The section does	74965
not affect any duty of the vendor under sections 5739.01 to	74966
5739.19 and 5739.26 to 5739.31 of the Revised Code, nor the	74967
liability of any consumer to pay any tax imposed by or pursuant to	74968
section 5739.02, 5739.021, 5739.023, or 5739.026 of the Revised	74969
Code.	74970

Sec. 5739.12. (A) Each person who has or is required to have	74971
a vendor's license, on or before the twenty-third day of each	74972
month, shall make and file a return for the preceding month, on	74973
forms prescribed by the tax commissioner, and shall pay the tax	74974
shown on the return to be due. The commissioner may require a	74975
vendor that operates from multiple locations or has multiple	74976
vendor's licenses to report all tax liabilities on one	74977
consolidated return. The return shall show the amount of tax due	74978
from the vendor to the state for the period covered by the return	74979
and such other information as the commissioner deems necessary for	74980
the proper administration of this chapter. The commissioner may	74981
extend the time for making and filing returns and paying the tax,	74982
and may require that the return for the last month of any annual	74983
or semiannual period, as determined by the commissioner, be a	74984
reconciliation return detailing the vendor's sales activity for	74985
the preceding annual or semiannual period. The reconciliation	74986
return shall be filed by the last day of the month following the	74987
last month of the annual or semiannual period. The commissioner	74988
may remit all or any part of amounts or penalties that may become	74989
due under this chapter and may adopt rules relating thereto. Such	74990
return shall be filed by mailing it to the tax commissioner,	74991
together with payment of the amount of tax shown to be due thereon	74992
after deduction of any discount provided for under this section.	74993
Remittance shall be made payable to the treasurer of state. The	74994
return shall be considered filed when received by the tax	74995
commissioner, and the payment shall be considered made when	74996
received by the tax commissioner or when credited to an account	74997
designated by the treasurer of state or the tax commissioner.	74998

(B) If the return is filed and the amount of tax shown	74999
thereon to be due is paid on or before the date such return is	75000
required to be filed, the vendor shall be entitled to athe	75001
following discount of three-fourths:	75002

(1) On and after July 1, 2003, and on and before June 30,	75003
2005, one and one-tenth per cent of the amount shown to be due on	75004
the return;	75005

(2) On and after July 1, 2005, three-fourths of one per cent	75006
of the amount shown to be due on the return, but a.	75007

A vendor that has selected a certified service provider as	75008
its agent shall not be entitled to the discount. Amounts paid to	75009
the clerk of courts pursuant to section 4505.06 of the Revised	75010
Code shall be subject to the three-fourths of one per cent	75011
applicable discount. The discount shall be in consideration for	75012
prompt payment to the clerk of courts and for other services	75013
performed by the vendor in the collection of the tax.	75014

(C)(1) Upon application to the commissioner, a vendor who is	75015
required to file monthly returns may be relieved of the	75016
requirement to report and pay the actual tax due, provided that	75017
the vendor agrees to remit to the tax commissioner payment of not	75018
less than an amount determined by the commissioner to be the	75019
average monthly tax liability of the vendor, based upon a review	75020
of the returns or other information pertaining to such vendor for	75021
a period of not less than six months nor more than two years	75022
immediately preceding the filing of the application. Vendors who	75023
agree to the above conditions shall make and file an annual or	75024
semiannual reconciliation return, as prescribed by the	75025
commissioner. The reconciliation return shall be filed by mailing	75026
or delivering it to the tax commissioner, together with payment of	75027
the amount of tax shown to be due thereon after deduction of any	75028
discount provided in this section. Remittance shall be made	75029
payable to the treasurer of state. Failure of a vendor to comply	75030
with any of the above conditions may result in immediate	75031
reinstatement of the requirement of reporting and paying the	75032
actual tax liability on each monthly return, and the commissioner	75033
may at the commissioner's discretion deny the vendor the right to	75034
report and pay based upon the average monthly liability for a	75035
period not to exceed two years. The amount ascertained by the	75036
commissioner to be the average monthly tax liability of a vendor	75037
may be adjusted, based upon a review of the returns or other	75038
information pertaining to the vendor for a period of not less than	75039
six months nor more than two years preceding such adjustment.	75040

(2) The commissioner may authorize vendors whose tax	75041
liability is not such as to merit monthly returns, as ascertained	75042
by the commissioner upon the basis of administrative costs to the	75043
state, to make and file returns at less frequent intervals. When	75044
returns are filed at less frequent intervals in accordance with	75045
such authorization, the vendor shall be allowed the discount of	75046
three-fourths of one per centprovided in this section in	75047
consideration for prompt payment with the return, provided the	75048
return is filed together with payment of the amount of tax shown	75049
to be due thereon, at the time specified by the commissioner, but	75050
a vendor that has selected a certified service provider as its	75051
agent shall not be entitled to the discount.	75052

(D) Any vendor who fails to file a return or pay the full	75053
amount of the tax shown on the return to be due under this section	75054
and the rules of the commissioner may, for each such return the	75055
vendor fails to file or each such tax the vendor fails to pay in	75056
full as shown on the return within the period prescribed by this	75057
section and the rules of the commissioner, be required to forfeit	75058
and pay into the state treasury an additional charge not exceeding	75059
fifty dollars or ten per cent of the tax required to be paid for	75060
the reporting period, whichever is greater, as revenue arising	75061
from the tax imposed by this chapter, and such sum may be	75062
collected by assessment in the manner provided in section 5739.13	75063
of the Revised Code. The commissioner may remit all or a portion	75064
of the additional charge and may adopt rules relating to the	75065
imposition and remission of the additional charge.	75066

(E) If the amount required to be collected by a vendor from	75067
consumers is in excess of five per centthe applicable percentage	75068
of the vendor's receipts from sales that are taxable under section	75069
5739.02 of the Revised Code, or in the case of sales subject to a	75070
tax levied pursuant to section 5739.021, 5739.023, or 5739.026 of	75071
the Revised Code, in excess of the percentage equal to the	75072
aggregate rate of such taxes and the tax levied by section 5739.02	75073
of the Revised Code, such excess shall be remitted along with the	75074
remittance of the amount of tax due under section 5739.10 of the	75075
Revised Code.	75076

(F) The commissioner, if the commissioner deems it necessary	75077
in order to insure the payment of the tax imposed by this chapter,	75078
may require returns and payments to be made for other than monthly	75079
periods. The returns shall be signed by the vendor or the vendor's	75080
authorized agent.	75081

(G) Any vendor required to file a return and pay the tax	75082
under this section, whose total payment in any year indicated in	75083
division (A) of section 5739.122 of the Revised Code equals or	75084
exceeds the amount shown in that division (A) of section 5739.122	75085
of the Revised Code, shall make each payment required by this	75086
section in the second ensuing and each succeeding year by	75087
electronic funds transfer as prescribed by, and on or before the	75088
dates specified in, section 5739.122 of the Revised Code, except	75089
as otherwise prescribed by that section. For a vendor that	75090
operates from multiple locations or has multiple vendor's	75091
licenses, in determining whether the vendor's total payment equals	75092
or exceeds the amount shown in division (A) of that section, the	75093
vendor's total payment amount shall be the amount of the vendor's	75094
total tax liability for the previous calendar year for all of the	75095
vendor's locations or licenses.	75096

Sec. 5739.121. (A) As used in this section, "bad debt" means	75097
any debt that has become worthless or uncollectible in the time	75098
period between a vendor's preceding return and the present return,	75099
havehas been uncollected for at least six months, and that may be	75100
claimed as a deduction pursuant to the "Internal Revenue Code of	75101
1954," 68A Stat. 50, 26 U.S.C. 166, as amended, and regulations	75102
adopted pursuant thereto, or that could be claimed as such a	75103
deduction if the vendor kept accounts on an accrual basis. "Bad	75104
debt" does not include any interest or sales tax on the purchase	75105
price, uncollectible amounts on property that remains in the	75106
possession of the vendor until the full purchase price is paid,	75107
expenses incurred in attempting to collect any account receivable	75108
or for any portion of the debt recovered, any accounts receivable	75109
that have been sold to a third party for collection, and	75110
repossessed property.	75111

(B) In computing taxable receipts for purposes of this	75112
chapter, a vendor may deduct the amount of bad debts, as defined	75113
in this section. The amount deducted must be charged off as	75114
uncollectible on the books of the vendor. A deduction may be	75115
claimed only with respect to bad debts on which the taxes pursuant	75116
to sections 5739.10 and 5739.12 of the Revised Code were paid in a	75117
preceding tax period. If the vendor's business consists of taxable	75118
and nontaxable transactions, the deduction shall equal the full	75119
amount of the debt if the debt is documented as a taxable	75120
transaction in the vendor's records. If no such documentation is	75121
available, the maximum deduction on any bad debt shall equal the	75122
amount of the bad debt multiplied by the quotient obtained by	75123
dividing the sales taxed pursuant to this chapter during the	75124
preceding calendar year by all sales during the preceding calendar	75125
year, whether taxed or not. If a consumer or other person pays all	75126
or part of a bad debt with respect to which a vendor claimed a	75127
deduction under this section, the vendor shall be liable for the	75128
amount of taxes deducted in connection with that portion of the	75129
debt for which payment is received and shall remit such taxes in	75130
the vendor's next payment to the tax commissioner.	75131

(C) Any claim for a bad debt deduction under this section	75132
shall be supported by such evidence as the tax commissioner by	75133
rule requires. The commissioner shall review any change in the	75134
rate of taxation applicable to any taxable sales by a vendor	75135
claiming a deduction pursuant to this section and adopt rules for	75136
altering the deduction in the event of such a change in order to	75137
ensure that the deduction on any bad debt does not result in the	75138
vendor claiming the deduction recovering any more or less than the	75139
taxes imposed on the sale that constitutes the bad debt.	75140

(D) In any reporting period in which the amount of bad debt	75141
exceeds the amount of taxable sales for the period, the vendor may	75142
file a refund claim for any tax collected on the bad debt in	75143
excess of the tax reported on the return. The refund claim shall	75144
be filed in the manner provided in section 5739.07 of the Revised	75145
Code, except that the claim may be filed within four years of the	75146
due date of the return on which the bad debt first could have been	75147
claimed.	75148

(E) When the filing responsibilities of a vendor have been	75149
assumed by a certified service provider, the certified service	75150
provider shall claim the bad debt allowance provided by this	75151
section on behalf of the vendor. The certified service provider	75152
shall credit or refund to the vendor the full amount of any bad	75153
debt allowance or refund.	75154

(F) No person other than the vendor in the transaction that	75155
generated the bad debt or, as provided in division (E) of this	75156
section, a certified service provider, may claim the bad debt	75157
allowance provided by this section.	75158

Sec. 5739.122.  (A) If the total amount of tax required to be	75159
paid by a vendor under section 5739.12 of the Revised Code for any	75160
calendar year indicated in the following schedule equals or	75161
exceeds the amounts prescribed for that year in the schedule	75162
seventy-five thousand dollars, the vendor shall remit each monthly	75163
tax payment in the second ensuing and each succeeding tax year by	75164
electronic funds transfer as prescribed by divisions (B) and (C)	75165
of this section.	75166

If a vendor's tax payment for each of two consecutive years	75169
beginning with 2000 is less than sixtyseventy-five thousand	75170
dollars, the vendor is relieved of the requirement to remit taxes	75171
by electronic funds transfer for the year that next follows the	75172
second of the consecutive years in which the tax payment is less	75173
than sixty thousand dollarsthat amount, and is relieved of that	75174
requirement for each succeeding year, unless the tax payment in a	75175
subsequent year equals or exceeds sixtyseventy-five thousand	75176
dollars.	75177

The tax commissioner shall notify each vendor required to	75178
remit taxes by electronic funds transfer of the vendor's	75179
obligation to do so, shall maintain an updated list of those	75180
vendors, and shall timely certify the list and any additions	75181
thereto or deletions therefrom to the treasurer of state. Failure	75182
by the tax commissioner to notify a vendor subject to this section	75183
to remit taxes by electronic funds transfer does not relieve the	75184
vendor of its obligation to remit taxes by electronic funds	75185
transfer.	75186

(B) Vendors required by division (A) of this section to remit	75187
payments by electronic funds transfer shall remit such payments to	75188
the treasurer of state in the manner prescribed by this section	75189
and rules adopted by the treasurer of state under section 113.061	75190
of the Revised Code, and on or before the following dates:	75191

(1) On or before the eleventhfifteenth day of each month, a	75192
vendor shall remit an amount equal to the taxes collected during	75193
the first seveneleven days of the month. On or before the	75194
eighteenth day of each month, a vendor shall remit an amount equal	75195
to the taxes collected on the eighth through the fourteenth day of	75196
the month. On or before the twenty-fifth day of each month, a	75197
vendor shall remit an amount equal to the taxes collected on the	75198
fifteenthtwelfth through the twenty-first day of the month.	75199

(2) In lieu of remitting the actual amounts collected for the	75200
periods specified in division (B)(1) of this section, a vendor	75201
may, on or before each of the eleventh, eighteenth,fifteenth and	75202
twenty-fifth days of each month, remit an amount equal to	75203
one-fourththirty-seven and one-half per cent of the vendor's	75204
total tax liability for the same month in the preceding calendar	75205
year.	75206

(3) On or before the twenty-third day of each month, a vendor	75207
shall report the taxes collected for the previous month and shall	75208
remit that amount, less any amounts paid for that month as	75209
required by division (B)(1) or (2) of this section.	75210

The payment of taxes by electronic funds transfer does not	75211
affect a vendor's obligation to file the monthly return as	75212
required under section 5739.12 of the Revised Code.	75213

(C) A vendor required by this section to remit taxes by	75214
electronic funds transfer may apply to the treasurer of state in	75215
the manner prescribed by the treasurer of state to be excused from	75216
that requirement. The treasurer of state may excuse the vendor	75217
from remittance by electronic funds transfer for good cause shown	75218
for the period of time requested by the vendor or for a portion of	75219
that period. The treasurer of state shall notify the tax	75220
commissioner and the vendor of the treasurer of state's decision	75221
as soon as is practicable.	75222

(D)(1) If a vendor that is required to remit payments under	75223
division (B) of this section fails to make a payment, the	75224
commissioner may impose an additional charge not to exceed five	75225
per cent of that unpaid amount.	75226

(2) If a vendor required by this section to remit taxes by	75227
electronic funds transfer remits those taxes by some means other	75228
than by electronic funds transfer as prescribed by this section	75229
and the rules adopted by the treasurer of state, and the treasurer	75230
of state determines that such failure was not due to reasonable	75231
cause or was due to willful neglect, the treasurer of state shall	75232
notify the tax commissioner of the failure to remit by electronic	75233
funds transfer and shall provide the commissioner with any	75234
information used in making that determination. The tax	75235
commissioner may impose an additional charge not to exceed the	75236
lesser of five per cent of the amount of the taxes required to be	75237
paid by electronic funds transfer or five thousand dollars.	75238

(3) Any additional charge imposed under division (D)(1) or	75239
(2) of this section is in addition to any other penalty or charge	75240
imposed under this chapter, and shall be considered as revenue	75241
arising from taxes imposed under this chapter. An additional	75242
charge may be collected by assessment in the manner prescribed by	75243
section 5739.13 of the Revised Code. The tax commissioner may	75244
waive all or a portion of such a charge and may adopt rules	75245
governing such waiver.	75246

No additional charge shall be imposed under division (D)(2)	75247
of this section against a vendor that has been notified of its	75248
obligation to remit taxes under this section and that remits its	75249
first two tax payments after such notification by some means other	75250
than electronic funds transfer. The additional charge may be	75251
imposed upon the remittance of any subsequent tax payment that the	75252
vendor remits by some means other than electronic funds transfer.	75253

Sec. 5739.17.  (A) No person shall engage in making retail	75254
sales subject to a tax imposed by or pursuant to section 5739.02,	75255
5739.021, 5739.023, or 5739.026 of the Revised Code as a business	75256
without having a license therefor, except as otherwise provided in	75257
divisions (A)(1), (2), and (3) of this section.	75258

(1) In the dissolution of a partnership by death, the	75259
surviving partner may operate under the license of the partnership	75260
for a period of sixty days.	75261

(2) The heirs or legal representatives of deceased persons,	75262
and receivers and trustees in bankruptcy, appointed by any	75263
competent authority, may operate under the license of the person	75264
so succeeded in possession.	75265

(3) Two or more persons who are not partners may operate a	75266
single place of business under one license. In such case neither	75267
the retirement of any such person from business at that place of	75268
business, nor the entrance of any person, under an existing	75269
arrangement, shall affect the license or require the issuance of a	75270
new license, unless the person retiring from the business is the	75271
individual named on the vendor's license.	75272

Except as otherwise provided in this section, each applicant	75273
for a license shall make out and deliver to the county auditor of	75274
each county in which the applicant desires to engage in business,	75275
upon a blank to be furnished by such auditor for that purpose, a	75276
statement showing the name of the applicant, each place of	75277
business in the county where the applicant will make retail sales,	75278
the nature of the business, and any other information the tax	75279
commissioner reasonably prescribes in the form of a statement	75280
prescribed by the commissioner.	75281

At the time of making the application, the applicant shall	75282
pay into the county treasury a license fee in the sum of	75283
twenty-five dollars for each fixed place of business in the county	75284
that will be the situs of retail sales. Upon receipt of the	75285
application and exhibition of the county treasurer's receipt,	75286
showing the payment of the license fee, the county auditor shall	75287
issue to the applicant a license for each fixed place of business	75288
designated in the application, authorizing the applicant to engage	75289
in business at that location. If a vendor's identity changes, the	75290
vendor shall apply for a new license. If a vendor wishes to move	75291
an existing fixed place of business to a new location within the	75292
same county, the vendor shall obtain a new vendor's license or	75293
submit a request to the tax commissioner to transfer the existing	75294
vendor's license to the new location. When the new location has	75295
been verified as being within the same county, the commissioner	75296
shall authorize the transfer and notify the county auditor of the	75297
change of location. If a vendor wishes to move an existing fixed	75298
place of business to another county, the vendor's license shall	75299
not transfer and the vendor shall obtain a new vendor's license	75300
from the county in which the business is to be located. The form	75301
of the license shall be prescribed by the commissioner. The fees	75302
collected shall be credited to the general fund of the county.	75303

A vendor that makes retail sales subject to tax under Chapter	75304
5739. of the Revised Code pursuant to a permit issued by the	75305
division of liquor control shall obtain a vendor's license in the	75306
identical name and for the identical address as shown on the	75307
permit.	75308

Except as otherwise provided in this section, if a vendor has	75309
no fixed place of business and sells from a vehicle, each vehicle	75310
intended to be used within a county constitutes a place of	75311
business for the purpose of this section.	75312

(B) As used in this division, "transient vendor" means any	75313
person who makes sales of tangible personal property from vending	75314
machines located on land owned by others, who leases titled motor	75315
vehicles, titled watercraft, or titled outboard motors, who	75316
effectuates leases that are taxed according to division	75317
(H)(4)(A)(2) of section 5739.015739.02 of the Revised Code, or	75318
who, in the usual course of the person's business, transports	75319
inventory, stock of goods, or similar tangible personal property	75320
to a temporary place of business or temporary exhibition, show,	75321
fair, flea market, or similar event in a county in which the	75322
person has no fixed place of business, for the purpose of making	75323
retail sales of such property. A "temporary place of business"	75324
means any public or quasi-public place including, but not limited	75325
to, a hotel, rooming house, storeroom, building, part of a	75326
building, tent, vacant lot, railroad car, or motor vehicle that is	75327
temporarily occupied for the purpose of making retail sales of	75328
goods to the public. A place of business is not temporary if the	75329
same person conducted business at the place continuously for more	75330
than six months or occupied the premises as the person's permanent	75331
residence for more than six months, or if the person intends it to	75332
be a fixed place of business.	75333

Any transient vendor, in lieu of obtaining a vendor's license	75334
under division (A) of this section for counties in which the	75335
transient vendor has no fixed place of business, may apply to the	75336
tax commissioner, on a form prescribed by the commissioner, for a	75337
transient vendor's license. The transient vendor's license	75338
authorizes the transient vendor to make retail sales in any county	75339
in which the transient vendor does not maintain a fixed place of	75340
business. Any holder of a transient vendor's license shall not be	75341
required to obtain a separate vendor's license from the county	75342
auditor in that county. Upon the commissioner's determination that	75343
an applicant is a transient vendor, the applicant shall pay a	75344
license fee in the amount of twenty-five dollars, at which time	75345
the tax commissioner shall issue the license. The tax commissioner	75346
may require a vendor to be licensed as a transient vendor if, in	75347
the opinion of the commissioner, such licensing is necessary for	75348
the efficient administration of the tax.	75349

Any holder of a valid transient vendor's license may make	75350
retail sales at a temporary place of business or temporary	75351
exhibition, show, fair, flea market, or similar event, held	75352
anywhere in the state without complying with any provision of	75353
section 311.37 of the Revised Code. Any holder of a valid vendor's	75354
license may make retail sales as a transient vendor at a temporary	75355
place of business or temporary exhibition, show, fair, flea	75356
market, or similar event held in any county in which the vendor	75357
maintains a fixed place of business for which the vendor holds a	75358
vendor's license without obtaining a transient vendor's license.	75359

(C) As used in this division, "service vendor" means any	75360
person who, in the usual course of the person's business, sells	75361
services described in division (B)(3)(e), (f), (g), (h), (i), (j),	75362
(k), (l), or (m), (q), or (u) of section 5739.01 of the Revised	75363
Code.	75364

Every service vendor shall make application to the tax	75365
commissioner for a service vendor's license. Each applicant shall	75366
pay a license fee in the amount of twenty-five dollars. Upon the	75367
commissioner's determination that an applicant is a service vendor	75368
and payment of the fee, the commissioner shall issue the applicant	75369
a service vendor's license.	75370

Only sales described in division (B)(3)(e), (f), (g), (h),	75371
(i), (j), (k), (l), or (m), (q), or (u) of section 5739.01 of the	75372
Revised Code may be made under authority of a service vendor's	75373
license, and that license authorizes sales to be made at any place	75374
in this state. Any service vendor who makes sales of other	75375
services or tangible personal property subject to the sales tax	75376
also shall be licensed under division (A), (B), or (D) of this	75377
section.	75378

(D) As used in this division, "delivery vendor" means any	75379
vendor who engages in one or more of the activities described in	75380
divisions (D)(1) to (4) of this section, and who maintains no	75381
store, showroom, or similar fixed place of business or other	75382
location where merchandise regularly is offered for sale or	75383
displayed or shown in catalogs for selection or pick-up by	75384
consumers, or where consumers bring goods for repair or other	75385
service.	75386

(1) The vendor makes retail sales of tangible personal	75387
property;	75388

(2) The vendor rents or leases, at retail, tangible personal	75389
property, except titled motor vehicles, titled watercraft, or	75390
titled outboard motors;	75391

(3) The vendor provides a service, at retail, described in	75392
division (B)(3)(a), (b), (c), or (d) of section 5739.01 of the	75393
Revised Code; or	75394

(4) The vendor makes retail sales of warranty, maintenance or	75395
service contracts, or similar agreements as described in division	75396
(B)(7) of section 5739.01 of the Revised Code.	75397

A transient vendor or a seller registered pursuant to section	75398
5741.17 of the Revised Code is not a delivery vendor.	75399

Delivery vendors shall apply to the tax commissioner, on a	75400
form prescribed by the commissioner, for a delivery vendor's	75401
license. Each applicant shall pay a license fee of twenty-five	75402
dollars for each delivery vendor's license, to be credited to the	75403
general revenue fund. Upon the commissioner's determination that	75404
the applicant is a delivery vendor, the commissioner shall issue	75405
the license. A delivery vendor's license authorizes retail sales	75406
to be made throughout the state. All sales of the vendor must be	75407
reported under the delivery license. The commissioner may require	75408
a vendor to be licensed as a delivery vendor if, in the opinion of	75409
the commissioner, such licensing is necessary for the efficient	75410
administration of the tax. The commissioner shall not issue a	75411
delivery vendor license to a vendor who holds a license issued	75412
under division (A) of this section.	75413

(E) Any transient vendor who is issued a license pursuant to	75414
this section shall display the license or a copy of it	75415
prominently, in plain view, at every place of business of the	75416
transient vendor. Every owner, organizer, or promoter who operates	75417
a fair, flea market, show, exhibition, convention, or similar	75418
event at which transient vendors are present shall keep a	75419
comprehensive record of all such vendors, listing the vendor's	75420
name, permanent address, vendor's license number, and the type of	75421
goods sold. Such records shall be kept for four years and shall be	75422
open to inspection by the tax commissioner.	75423

Sec. 5739.21.  (A) Four and two-tenths per cent of all money	75424
deposited into the state treasury under sections 5739.01 to	75425
5739.31 of the Revised Code and not required to be distributed as	75426
provided in section 5739.102 of the Revised Code or division (B)	75427
of this section shall be credited to the local government fund for	75428
distribution in accordance with section 5747.50 of the Revised	75429
Code, six-tenths of one per cent shall be credited to the local	75430
government revenue assistance fund for distribution in accordance	75431
with section 5747.61 of the Revised Code, and ninety-five and	75432
two-tenths per cent shall be credited to the general revenue fund.	75433

(B)(1) In any case where any county or transit authority has	75434
levied a tax or taxes pursuant to section 5739.021, 5739.023, or	75435
5739.026 of the Revised Code, the tax commissioner shall, within	75436
forty-five days after the end of each month, determine and certify	75437
to the director of budget and management the amount of the	75438
proceeds of such tax or taxes received during that month from	75439
billings and assessments received during that month, or shown on	75440
associated with tax returns or reports filed during that month, to	75441
be returned to the county or transit authority levying the tax or	75442
taxes. The amount to be returned to each county and transit	75443
authority shall be a fraction of the aggregate amount of money	75444
collected with respect to each area in which one or more of such	75445
taxes are concurrently in effect with the tax levied by section	75446
5739.02 of the Revised Code, the. The numerator of whichthe	75447
fraction is the rate of the tax levied by the county or transit	75448
authority and the denominator of whichthe fraction is the	75449
aggregate rate of such taxes applicable to such area; provided,	75450
that the. The amount to be returned to each county or transit	75451
authority shall be reduced by the amount of any refunds of county	75452
or transit authority tax paid pursuant to section 5739.07 of the	75453
Revised Code during the same month, or transfers made pursuant to	75454
division (B)(2) of section 5703.052 of the Revised Code.	75455

(2) On a periodic basis, using the best information	75456
available, the tax commissioner shall distribute any amount of a	75457
county or transit authority tax that cannot be distributed under	75458
division (B)(1) of this section. Through audit or other means, the	75459
commissioner shall attempt to obtain the information necessary to	75460
make the distribution as provided under that division and, on	75461
receipt of that information, shall make adjustments to	75462
distributions previously made under this division.	75463

(C) The aggregate amount to be returned to any county or	75464
transit authority shall be reduced by one per cent, which shall be	75465
certified directly to the credit of the local sales tax	75466
administrative fund, which is hereby created in the state	75467
treasury. For the purpose of determining the amount to be returned	75468
to a county and transit authority in which the rate of tax imposed	75469
by the transit authority has been reduced under section 5739.028	75470
of the Revised Code, the tax commissioner shall use the respective	75471
rates of tax imposed by the county or transit authority that	75472
results from the change in the rates authorized under that	75473
section. The	75474

(D) The director of budget and management shall transfer,	75475
from the same funds and in the same proportions specified in	75476
division (A) of this section, to the permissive tax distribution	75477
fund created by division (B)(1) of section 4301.423 of the Revised	75478
Code and to the local sales tax administrative fund, the amounts	75479
certified by the tax commissioner. The tax commissioner shall	75480
then, on or before the twentieth day of the month in which such	75481
certification is made, provide for payment of such respective	75482
amounts to the county treasurer and to the fiscal officer of the	75483
transit authority levying the tax or taxes. The amount transferred	75484
to the local sales tax administrative fund is for use by the tax	75485
commissioner in defraying costs incurred in administering such	75486
taxes levied by a county or transit authority.	75487

Sec. 5739.33.  If any corporation, limited liability company,	75488
or business trust required to file returns and to remit tax due to	75489
the state under this chapter, including a holder of a direct	75490
payment permit under section 5739.031 of the Revised Code, fails	75491
for any reason to make the filing or payment, any of its employees	75492
having control or supervision of or charged with the	75493
responsibility of filing returns and making payments, or any of	75494
its officers, members, managers, or trustees who are responsible	75495
for the execution of the corporation's, limited liability	75496
company's, or business trust's fiscal responsibilities, shall be	75497
personally liable for the failure. The dissolution, termination,	75498
or bankruptcy of a corporation, limited liability company, or	75499
business trust shall not discharge a responsible officer's,	75500
member's, manager's, employee's, or trustee's liability for a	75501
failure of the corporation, limited liability company, or business	75502
trust to file returns or remit tax due. The sum due for the	75503
liability may be collected by assessment in the manner provided in	75504
section 5739.13 of the Revised Code.	75505

Sec. 5741.01.  As used in this chapter:

75506

(A) "Person" includes individuals, receivers, assignees,	75507
trustees in bankruptcy, estates, firms, partnerships,	75508
associations, joint-stock companies, joint ventures, clubs,	75509
societies, corporations, business trusts, governments, and	75510
combinations of individuals of any form.	75511

(B) "Storage" means and includes any keeping or retention in	75512
this state for use or other consumption in this state.	75513

(C) "Use" means and includes the exercise of any right or	75514
power incidental to the ownership of the thing used. A thing is	75515
also "used" in this state if its consumer gives or otherwise	75516
distributes it, without charge, to recipients in this state.	75517

(D) "Purchase" means acquired or received for a	75518
consideration, whether such acquisition or receipt was effected by	75519
a transfer of title, or of possession, or of both, or a license to	75520
use or consume; whether such transfer was absolute or conditional,	75521
and by whatever means the transfer was effected; and whether the	75522
consideration was money, credit, barter, or exchange. Purchase	75523
includes production, even though the article produced was used,	75524
stored, or consumed by the producer. The transfer of copyrighted	75525
motion picture films for exhibition purposes is not a purchase,	75526
except such films as are used solely for advertising purposes.	75527

(E) "Seller" means the person from whom a purchase is made,	75528
and includes every person engaged in this state or elsewhere in	75529
the business of selling tangible personal property or providing a	75530
service for storage, use, or other consumption or benefit in this	75531
state; and when, in the opinion of the tax commissioner, it is	75532
necessary for the efficient administration of this chapter, to	75533
regard any salesman, representative, peddler, or canvasser as the	75534
agent of a dealer, distributor, supervisor, or employer under whom	75535
the person operates, or from whom the person obtains tangible	75536
personal property, sold by the person for storage, use, or other	75537
consumption in this state, irrespective of whether or not the	75538
person is making such sales on the person's own behalf, or on	75539
behalf of such dealer, distributor, supervisor, or employer, the	75540
commissioner may regard the person as such agent, and may regard	75541
such dealer, distributor, supervisor, or employer as the seller.	75542
"Seller" does not include any person to the extent the person	75543
provides a communications medium, such as, but not limited to,	75544
newspapers, magazines, radio, television, or cable television, by	75545
means of which sellers solicit purchases of their goods or	75546
services.	75547

(F) "Consumer" means any person who has purchased tangible	75548
personal property or has been provided a service for storage, use,	75549
or other consumption or benefit in this state. "Consumer" does not	75550
include a person who receives, without charge, tangible personal	75551
property or a service.	75552

A person who performs a facility management or similar	75553
service contract for a contractee is a consumer of all tangible	75554
personal property and services purchased for use in connection	75555
with the performance of such contract, regardless of whether title	75556
to any such property vests in the contractee. The purchase of such	75557
property and services is not subject to the exception for resale	75558
under division (E)(1) of section 5739.01 of the Revised Code.	75559

(G)(1) "Price," except as provided in the case of watercraft,	75560
outboard motors, or new motor vehicles, means the aggregate value	75561
in money of anything paid or delivered, or promised to be paid or	75562
delivered, by a consumer to a seller in the complete performance	75563
of the transaction by which tangible personal property has been	75564
purchased or a service has been provided for storage, use, or	75565
other consumption or benefit in this state, without any deduction	75566
or exclusion on account of the cost of the property sold, cost of	75567
materials used, labor or service cost, interest, discount paid or	75568
allowed after the sale is consummated, or any other expense. If	75569
the transaction consists of the rental or lease of tangible	75570
personal property, "price" means the aggregate value in money of	75571
anything paid or delivered, or promised to be paid or delivered by	75572
the lessee to the lessor, in the complete performance of the	75573
rental or lease, without any deduction or exclusion of tax,	75574
interest, labor or service charge, damage liability waiver,	75575
termination or damage charge, discount paid or allowed after the	75576
lease is consummated, or any other expense. Except as provided in	75577
division (G)(6) of this section, the tax shall be calculated and	75578
collected by the lessor on each payment made by the lessee. If a	75579
consumer produces the tangible personal property used by the	75580
consumer, the price is the produced cost of such tangible personal	75581
property. "Price" does not include delivery charges that are	75582
separately stated on the initial invoice or initial billing	75583
rendered by the seller.	75584

The tax collected by the seller from the consumer under this	75585
chapter is not a part of the price, but is a tax collection for	75586
the benefit of the state, and of counties levying an additional	75587
use tax pursuant to section 5741.021 or 5741.023 of the Revised	75588
Code and of transit authorities levying an additional use tax	75589
pursuant to section 5741.022 of the Revised Code and, except for	75590
the discount authorized under section 5741.12 of the Revised Code	75591
and the effects of any rounding pursuant to section 5703.055 of	75592
the Revised Code, no person other than the state or such a county	75593
or transit authority shall derive any benefit from the collection	75594
or payment of such tax.	75595

As used in divisiondivisions (G)(1)(2) to (6) of this	75596
section, "delivery charges" means charges by the seller for	75597
preparation and delivery to a location designated by the consumer	75598
of tangible personal property or a service, including	75599
transportation, shipping, postage, handling, crating, and packing	75600
has the same meaning as in division (H)(1) of section 5739.01 of	75601
the Revised Code.	75602

(2) In the case of watercraft, outboard motors, or new motor	75603
vehicles, "price" has the same meaning as in divisiondivisions	75604
(H)(2) and (3) of section 5739.01 of the Revised Code.	75605

(3) In the case of a nonresident business consumer that	75606
purchases and uses tangible personal property outside this state	75607
and subsequently temporarily stores, uses, or otherwise consumes	75608
such tangible personal property in the conduct of business in this	75609
state, the consumer or the tax commissioner may determine the	75610
price based on the value of the temporary storage, use, or other	75611
consumption, in lieu of determining the price pursuant to division	75612
(G)(1) of this section. A price determination made by the consumer	75613
is subject to review and redetermination by the commissioner.	75614

(4) In the case of tangible personal property held in this	75615
state as inventory for sale or lease, and that is temporarily	75616
stored, used, or otherwise consumed in a taxable manner, the price	75617
is the value of the temporary use. A price determination made by	75618
the consumer is subject to review and redetermination by the	75619
commissioner.	75620

(5) In the case of tangible personal property originally	75621
purchased and used by the consumer outside this state, and that	75622
becomes permanently stored, used, or otherwise consumed in this	75623
state more than six months after its acquisition by the consumer,	75624
the consumer or the commissioner may determine the price based on	75625
the current value of such tangible personal property, in lieu of	75626
determining the price pursuant to division (G)(1) of this section.	75627
A price determination made by the consumer is subject to review	75628
and redetermination by the commissioner.	75629

(6) In the case of the purchase or lease of any motor vehicle	75630
designed by the manufacturer to carry a load of not more than one	75631
ton, watercraft, outboard motor, or aircraft, or the lease of any	75632
tangible personal property, other than motor vehicles designed by	75633
the manufacturer to carry a load of more than one ton, to be used	75634
by the lessee primarily for business purposes, the tax shall be	75635
collected by the vendor at the time the lease is consummated and	75636
calculated by the vendor on the basis of the total amount to be	75637
paid by the lessee under the lease agreement. If the total amount	75638
of the consideration for the lease includes amounts that are not	75639
calculated at the time the lease is executed, the tax shall be	75640
calculated and collected by the vendor at the time such amounts	75641
are billed to the lessee. In the case of an open-end lease, the	75642
tax shall be calculated by the vendor on the basis of the total	75643
amount to be paid during the initial fixed term of the lease, and	75644
then for each subsequent renewal period as it comes due. As used	75645
in division (G)(6) of this section only, "motor vehicle" has the	75646
same meaning as in section 4501.01 of the Revised CodeIf a	75647
consumer produces tangible personal property for sale and removes	75648
that property from inventory for the consumer's own use, the price	75649
is the produced cost of that tangible personal property.	75650

(H) "Nexus with this state" means that the seller engages in	75651
continuous and widespread solicitation of purchases from residents	75652
of this state or otherwise purposefully directs its business	75653
activities at residents of this state.	75654

(I) "Substantial nexus with this state" means that the seller	75655
has sufficient contact with this state, in accordance with Section	75656
8 of Article I of the Constitution of the United States, to allow	75657
the state to require the seller to collect and remit use tax on	75658
sales of tangible personal property or services made to consumers	75659
in this state. "Substantial nexus with this state" exists when the	75660
seller does any of the following:	75661

(1) Maintains a place of business within this state, whether	75662
operated by employees or agents of the seller, by a member of an	75663
affiliated group, as describeddefined in division (B)(3)(e) of	75664
section 5739.01 of the Revised Code, of which the seller is a	75665
member, or by a franchisee using a trade name of the seller;	75666

(2) Regularly has employees, agents, representatives,	75667
solicitors, installers, repairmen, salesmen, or other individuals	75668
in this state for the purpose of conducting the business of the	75669
seller;	75670

(3) Uses a person in this state for the purpose of receiving	75671
or processing orders of the seller's goods or services;	75672

(4) Makes regular deliveries of tangible personal property	75673
into this state by means other than common carrier;	75674

(5) Has membership in an affiliated group, as described in	75675
division (B)(3)(e) of section 5739.01 of the Revised Code, at	75676
least one other member of which has substantial nexus with this	75677
state;	75678

(6) Owns tangible personal property that is rented or leased	75679
to a consumer in this state, or offers tangible personal property,	75680
on approval, to consumers in this state;	75681

(7) Except as provided in section 5703.65 of the Revised	75682
Code, is registered with the secretary of state to do business in	75683
this state or is registered or licensed by any state agency,	75684
board, or commission to transact business in this state or to make	75685
sales to persons in this state;	75686

(8) Has any other contact with this state that would allow	75687
this state to require the seller to collect and remit use tax	75688
under Section 8 of Article I of the Constitution of the United	75689
States.	75690

(J) "Fiscal officer" means, with respect to a regional	75691
transit authority, the secretary-treasurer thereof, and with	75692
respect to a county which is a transit authority, the fiscal	75693
officer of the county transit board appointed pursuant to section	75694
306.03 of the Revised Code or, if the board of county	75695
commissioners operates the county transit system, the county	75696
auditor.	75697

(K) "Territory of the transit authority" means all of the	75698
area included within the territorial boundaries of a transit	75699
authority as they from time to time exist. Such territorial	75700
boundaries must at all times include all the area of a single	75701
county or all the area of the most populous county which is a part	75702
of such transit authority. County population shall be measured by	75703
the most recent census taken by the United States census bureau.	75704

(L) "Transit authority" means a regional transit authority	75705
created pursuant to section 306.31 of the Revised Code or a county	75706
in which a county transit system is created pursuant to section	75707
306.01 of the Revised Code. For the purposes of this chapter, a	75708
transit authority must extend to at least the entire area of a	75709
single county. A transit authority which includes territory in	75710
more than one county must include all the area of the most	75711
populous county which is a part of such transit authority. County	75712
population shall be measured by the most recent census taken by	75713
the United States census bureau.	75714

(M) "Providing a service" has the same meaning as in division	75715
(X) of section 5739.01 of the Revised Code.	75716

(N) "Other consumption" includes receiving the benefits of a	75717
service.	75718

(O) "Lease" means any transfer for a consideration of the	75719
possession of and right to use, but not title to, tangible	75720
personal property for a fixed period of time greater than thirty	75721
days or for an open-ended period of time with a minimum fixed	75722
period of more than thirty daysor "rental" has the same meaning	75723
as in division (UU) of section 5739.01 of the Revised Code.	75724

(P) "Certified service provider" has the same meaning as in	75725
section 5740.01 of the Revised Code.	75726

Sec. 5741.02.  (A)(1) For the use of the general revenue fund	75727
of the state, an excise tax is hereby levied on the storage, use,	75728
or other consumption in this state of tangible personal property	75729
or the benefit realized in this state of any service provided. The	75730
tax shall be collected pursuant to the schedulesas provided in	75731
section 5739.025 of the Revised Code, provided that on and after	75732
July 1, 2003, and on or before June 30, 2005, the rate of the tax	75733
shall be six per cent. On and after July 1, 2005, the rate of the	75734
tax shall be five per cent.	75735

(2) In the case of the lease or rental, with a fixed term of	75736
more than thirty days or an indefinite term with a minimum period	75737
of more than thirty days, of any motor vehicles designed by the	75738
manufacturer to carry a load of not more than one ton, watercraft,	75739
outboard motor, or aircraft, or of any tangible personal property,	75740
other than motor vehicles designed by the manufacturer to carry a	75741
load of more than one ton, to be used by the lessee or renter	75742
primarily for business purposes, the tax shall be collected by the	75743
seller at the time the lease or rental is consummated and shall be	75744
calculated by the seller on the basis of the total amount to be	75745
paid by the lessee or renter under the lease or rental agreement.	75746
If the total amount of the consideration for the lease or rental	75747
includes amounts that are not calculated at the time the lease or	75748
rental is executed, the tax shall be calculated and collected by	75749
the seller at the time such amounts are billed to the lessee or	75750
renter. In the case of an open-end lease or rental, the tax shall	75751
be calculated by the seller on the basis of the total amount to be	75752
paid during the initial fixed term of the lease or rental, and for	75753
each subsequent renewal period as it comes due. As used in this	75754
division, "motor vehicle" has the same meaning as in section	75755
4501.01 of the Revised Code, and "watercraft" includes an outdrive	75756
unit attached to the watercraft.	75757

(3) Except as provided in division (A)(2) of this section, in	75758
the case of a transaction, the price of which consists in whole or	75759
part of the lease or rental of tangible personal property, the tax	75760
shall be measured by the installments of those leases or rentals.	75761

(B) Each consumer, storing, using, or otherwise consuming in	75762
this state tangible personal property or realizing in this state	75763
the benefit of any service provided, shall be liable for the tax,	75764
and such liability shall not be extinguished until the tax has	75765
been paid to this state; provided, that the consumer shall be	75766
relieved from further liability for the tax if the tax has been	75767
paid to a seller in accordance with section 5741.04 of the Revised	75768
Code or prepaid by the seller in accordance with section 5741.06	75769
of the Revised Code.	75770

(C) The tax does not apply to the storage, use, or	75771
consumption in this state of the following described tangible	75772
personal property or services, nor to the storage, use, or	75773
consumption or benefit in this state of tangible personal property	75774
or services purchased under the following described circumstances:	75775

(1) When the sale of property or service in this state is	75776
subject to the excise tax imposed by sections 5739.01 to 5739.31	75777
of the Revised Code, provided said tax has been paid;	75778

(2) Except as provided in division (D) of this section,	75779
tangible personal property or services, the acquisition of which,	75780
if made in Ohio, would be a sale not subject to the tax imposed by	75781
sections 5739.01 to 5739.31 of the Revised Code;	75782

(3) Property or services, the storage, use, or other	75783
consumption of or benefit from which this state is prohibited from	75784
taxing by the Constitution of the United States, laws of the	75785
United States, or the Constitution of this state. This exemption	75786
shall not exempt from the application of the tax imposed by this	75787
section the storage, use, or consumption of tangible personal	75788
property that was purchased in interstate commerce, but that has	75789
come to rest in this state, provided that fuel to be used or	75790
transported in carrying on interstate commerce that is stopped	75791
within this state pending transfer from one conveyance to another	75792
is exempt from the excise tax imposed by this section and section	75793
5739.02 of the Revised Code;	75794

(4) Transient use of tangible personal property in this state	75795
by a nonresident tourist or vacationer, or a non-business use	75796
within this state by a nonresident of this state, if the property	75797
so used was purchased outside this state for use outside this	75798
state and is not required to be registered or licensed under the	75799
laws of this state;	75800

(5) Tangible personal property or services rendered, upon	75801
which taxes have been paid to another jurisdiction to the extent	75802
of the amount of the tax paid to such other jurisdiction. Where	75803
the amount of the tax imposed by this section and imposed pursuant	75804
to section 5741.021, 5741.022, or 5741.023 of the Revised Code	75805
exceeds the amount paid to another jurisdiction, the difference	75806
shall be allocated between the tax imposed by this section and any	75807
tax imposed by a county or a transit authority pursuant to section	75808
5741.021, 5741.022, or 5741.023 of the Revised Code, in proportion	75809
to the respective rates of such taxes.	75810

As used in this subdivision, "taxes paid to another	75811
jurisdiction" means the total amount of retail sales or use tax or	75812
similar tax based upon the sale, purchase, or use of tangible	75813
personal property or services rendered legally, levied by and paid	75814
to another state or political subdivision thereof, or to the	75815
District of Columbia, where the payment of such tax does not	75816
entitle the taxpayer to any refund or credit for such payment.	75817

(6) The transfer of a used manufactured home or used mobile	75818
home, as defined by section 5739.0210 of the Revised Code, made on	75819
or after January 1, 2000;	75820

(7) Drugs that are or are intended to be distributed free of	75821
charge to a practitioner licensed to prescribe, dispense, and	75822
administer drugs to a human being in the course of a professional	75823
practice and that by law may be dispensed only by or upon the	75824
order of such a practitioner.	75825

(D) The tax applies to the storage, use, or other consumption	75826
in this state of tangible personal property or services, the	75827
acquisition of which at the time of sale was excepted under	75828
division (E)(1) of section 5739.01 of the Revised Code from the	75829
tax imposed by section 5739.02 of the Revised Code, but which has	75830
subsequently been temporarily or permanently stored, used, or	75831
otherwise consumed in a taxable manner.	75832

(E)(1) If any transaction is claimed to be exempt under	75833
division (E) of section 5739.01 of the Revised Code or under	75834
section 5739.02 of the Revised Code, with the exception of	75835
divisions (B)(1) to (11) or (28) of section 5739.02 of the Revised	75836
Code, the consumer shall provide to the seller, and the seller	75837
shall obtain from the consumer, a certificate specifying the	75838
reason that the transaction is not subject to the tax. The	75839
certificate shall be provided either in a hard copy form or	75840
electronic form, as prescribed by the tax commissioner. If the	75841
transaction is claimed to be exempt under division (B)(13) of	75842
section 5739.02 of the Revised Code, the exemption certificate	75843
shall be provided by both the contractor and contractee. Such	75844
contractee shall be deemed to be the consumer of all items	75845
purchased under the claim of exemption if it is subsequently	75846
determined that the exemption is not properly claimed. The	75847
certificate shall be in such form as the tax commissioner by rule	75848
prescribes. The seller shall maintain records, including exemption	75849
certificates, of all sales on which a consumer has claimed an	75850
exemption, and provide them to the tax commissioner on request.	75851

(2) If no certificate is provided or obtained within the	75852
period for filing the return for the period in which the	75853
transaction is consummated, it shall be presumed that the tax	75854
applies. The failure to have so provided or obtained a certificate	75855
shall not preclude a seller or consumer from establishing, within	75856
one hundred twenty days of the giving of notice by the	75857
commissioner of intention to levy an assessment, that the	75858
transaction is not subject to the tax.	75859

(F) A seller who files a petition for reassessment contesting	75860
the assessment of tax on transactions for which the seller	75861
obtained no valid exemption certificates, and for which the seller	75862
failed to establish that the transactions were not subject to the	75863
tax during the one-hundred-twenty-day period allowed under	75864
division (E) of this section, may present to the tax commissioner	75865
additional evidence to prove that the transactions were exempt.	75866
The seller shall file such evidence within ninety days of the	75867
receipt by the seller of the notice of assessment, except that,	75868
upon application and for reasonable cause, the tax commissioner	75869
may extend the period for submitting such evidence thirty days.	75870

(G) For the purpose of the proper administration of sections	75871
5741.01 to 5741.22 of the Revised Code, and to prevent the evasion	75872
of the tax hereby levied, it shall be presumed that any use,	75873
storage, or other consumption of tangible personal property in	75874
this state is subject to the tax until the contrary is	75875
established.	75876

(H) The tax collected by the seller from the consumer under	75877
this chapter is not part of the price, but is a tax collection for	75878
the benefit of the state, and of counties levying an additional	75879
use tax pursuant to section 5741.021 or 5741.023 of the Revised	75880
Code and of transit authorities levying an additional use tax	75881
pursuant to section 5741.022 of the Revised Code. Except for the	75882
discount authorized under section 5741.12 of the Revised Code and	75883
the effects of any rounding pursuant to section 5703.055 of the	75884
Revised Code, no person other than the state or such a county or	75885
transit authority shall derive any benefit from the collection of	75886
such tax.	75887

Sec. 5741.021.  (A) For the purpose of providing additional	75888
general revenues for the county or supporting criminal and	75889
administrative justice services in the county, or both, and to pay	75890
the expenses of administering such levy, any county which levies a	75891
tax pursuant to section 5739.021 of the Revised Code shall levy a	75892
tax at the same rate levied pursuant to section 5739.021 of the	75893
Revised Code on the storage, use, or other consumption in the	75894
county of the following:	75895

(1) Motor vehicles acquired on or after May 1, 1970, and	75896
watercraft and outboard motors required to be titled in the county	75897
pursuant to Chapter 1548. of the Revised Code and acquired on or	75898
after April 1, 1990, by a transaction subject to the tax imposed	75899
by section 5739.02 of the Revised Code;	75900

(2) In addition to the tax imposed by section 5741.02 of the	75901
Revised Code, tangible personal property and services subject to	75902
the tax levied by this state as provided in section 5741.02 of the	75903
Revised Code, and tangible personal property and services	75904
purchased in another county within this state by a transaction	75905
subject to the tax imposed by section 5739.02 of the Revised Code.	75906

The tax shall be levied pursuant to a resolution of the board	75907
of county commissioners which shall be adopted after publication	75908
of notice and hearing in the same manner as provided in section	75909
5739.021 of the Revised Code. Such resolution shall be adopted and	75910
shall become effective on the same day as the resolution adopted	75911
by the board of county commissioners levying a sales tax pursuant	75912
to section 5739.021 of the Revised Code and shall remain in effect	75913
until such sales tax is repealed.	75914

(B) The tax levied pursuant to this section on the storage,	75915
use, or other consumption of tangible personal property and on the	75916
benefit of a service realized shall be in addition to the tax	75917
levied by section 5741.02 of the Revised Code and, except as	75918
provided in division (D) of this section, any tax levied pursuant	75919
to sections 5741.022 and 5741.023 of the Revised Code.	75920

(C) The additional tax levied by the county shall be	75921
collected pursuant to the schedules in section 5739.025 of the	75922
Revised Code. If the additional tax or some portion thereof is	75923
levied for the purpose of criminal and administrative justice	75924
services, the revenue from the tax, or the amount or rate	75925
apportioned to that purpose, shall be credited to a special fund	75926
created in the county treasury for receipt of that revenue.	75927

(D) The tax levied pursuant to this section shall not be	75928
applicable to any benefit of a service realized or to any storage,	75929
use, or consumption of property not within the taxing power of a	75930
county under the constitution of the United States or the	75931
constitution of this state, or to property or services on which a	75932
tax levied by a county or transit authority pursuant to this	75933
section or section 5739.021, 5739.023, 5739.026, 5741.022, or	75934
5741.023 of the Revised Code has been paid, if the sum of the	75935
taxes paid pursuant to those sections is equal to or greater than	75936
the sum of the taxes due under this section and sections 5741.022	75937
and 5741.023 of the Revised Code. If the sum of the taxes paid is	75938
less than the sum of the taxes due under this section and sections	75939
5741.022 and 5741.023 of the Revised Code, the amount of tax paid	75940
shall be credited against the amount of tax due.	75941

(E) As used in this section, "criminal and administrative	75942
justice services" has the same meaning as in section 5739.021 of	75943
the Revised Code.	75944

Sec. 5741.022.  (A) For the purpose of providing additional	75945
general revenues for the transit authority and paying the expenses	75946
of administering such levy, any transit authority as defined in	75947
section 5741.01 of the Revised Code that levies a tax pursuant to	75948
section 5739.023 of the Revised Code shall levy a tax at the same	75949
rate levied pursuant to such section on the storage, use, or other	75950
consumption in the territory of the transit authority of the	75951
following:	75952

(1) Motor vehicles acquired on or after June 29, 1974, and	75953
watercraft and outboard motors required to be titled in the county	75954
pursuant to Chapter 1548. of the Revised Code and acquired on or	75955
after April 1, 1990, by a transaction subject to the tax imposed	75956
by section 5739.02 of the Revised Code;	75957

(2) In addition to the tax imposed by section 5741.02 of the	75958
Revised Code, tangible personal property and services subject to	75959
the tax levied by this state as provided in section 5741.02 of the	75960
Revised Code, and tangible personal property and services	75961
purchased in another county within this state by a transaction	75962
subject to the tax imposed by section 5739.02 of the Revised Code.	75963

The tax shall be in effect at the same time and at the same	75964
rate and shall be levied pursuant to the resolution of the	75965
legislative authority of the transit authority levying a sales tax	75966
pursuant to section 5739.023 of the Revised Code.	75967

(B) The tax levied pursuant to this section on the storage,	75968
use, or other consumption of tangible personal property and on the	75969
benefit of a service realized shall be in addition to the tax	75970
levied by section 5741.02 of the Revised Code and, except as	75971
provided in division (D) of this section, any tax levied pursuant	75972
to sections 5741.021 and 5741.023 of the Revised Code.	75973

(C) The additional tax levied by the authority shall be	75974
collected pursuant to the schedules in section 5739.025 of the	75975
Revised Code.	75976

(D) The tax levied pursuant to this section shall not be	75977
applicable to any benefit of a service realized or to any storage,	75978
use, or consumption of property not within the taxing power of a	75979
transit authority under the constitution of the United States or	75980
the constitution of this state, or to property or services on	75981
which a tax levied by a county or transit authority pursuant to	75982
this section or section 5739.021, 5739.023, 5739.026, 5741.021, or	75983
5741.023 of the Revised Code has been paid, if the sum of the	75984
taxes paid pursuant to those sections is equal to or greater than	75985
the sum of the taxes due under this section and sections 5741.021	75986
and 5741.023 of the Revised Code. If the sum of the taxes paid is	75987
less than the sum of the taxes due under this section and sections	75988
5741.021 and 5741.023 of the Revised Code, the amount of tax paid	75989
shall be credited against the amount of tax due.	75990

(E) The rate of a tax levied under this section is subject to	75991
reduction under section 5739.028 of the Revised Code if a ballot	75992
question is approved by voters pursuant to that section.	75993

Sec. 5741.023.  (A) For the same purposes for which it has	75994
imposed a tax under section 5739.026 of the Revised Code, any	75995
county whichthat levies a tax pursuant to such section shall levy	75996
a tax at the same rate levied pursuant to such section on the	75997
storage, use, or other consumption in the county of the following:	75998

(1) Motor vehicles, and watercraft and outboard motors	75999
required to be titled in the county pursuant to Chapter 1548. of	76000
the Revised Code, acquired by a transaction subject to the tax	76001
imposed by section 5739.02 of the Revised Code;	76002

(2) In addition to the tax imposed by section 5741.02 of the	76003
Revised Code, tangible personal property and services subject to	76004
the tax levied by this state as provided in section 5741.02 of the	76005
Revised Code, and tangible personal property and services	76006
purchased in another county within this state by a transaction	76007
subject to the tax imposed by section 5739.02 of the Revised Code.	76008

The tax shall be levied pursuant to a resolution of the board	76009
of county commissioners, which shall be adopted in the same manner	76010
as provided in section 5739.026 of the Revised Code. Such	76011
resolution shall be adopted and shall become effective on the same	76012
day as the resolution adopted by the board of county commissioners	76013
levying a sales tax pursuant to such section and shall remain in	76014
effect until such sales tax is repealed or expires.	76015

(B) The tax levied pursuant to this section shall be in	76016
addition to the tax levied by section 5741.02 of the Revised Code	76017
and, except as provided in division (D) of this section, any tax	76018
levied pursuant to sections 5741.021 and 5741.022 of the Revised	76019
Code.	76020

(C) The additional tax levied by the county shall be	76021
collected pursuant to the schedules in section 5739.025 of the	76022
Revised Code.	76023

(D) The tax levied pursuant to this section shall not be	76024
applicable to any benefit of a service realized or to any storage,	76025
use, or consumption of property not within the taxing power of a	76026
county under the constitution of the United States or the	76027
constitution of this state, or to property or services on which	76028
tax levied by a county or transit authority pursuant to this	76029
section or section 5739.021, 5739.023, 5739.026, 5741.021, or	76030
5741.022 of the Revised Code has been paid, if the sum of the	76031
taxes paid pursuant to those sections is equal to or greater than	76032
the sum of the taxes due under this section and sections 5741.021	76033
and 5741.022 of the Revised Code. If the sum of the taxes paid is	76034
less than the sum of the taxes due under this section and sections	76035
5741.021 and 5741.022 of the Revised Code, the amount of tax paid	76036
shall be credited against the amount of tax due.	76037

Sec. 5741.121.  (A) If the total amount of tax required to be	76038
paid by a seller or consumer under section 5741.12 of the Revised	76039
Code for any year indicated in the following schedule equals or	76040
exceeds the amount prescribed for that year in the schedule	76041
seventy-five thousand dollars, the seller or consumer shall remit	76042
each monthly tax payment in the second ensuing and each succeeding	76043
year by electronic funds transfer as prescribed by division (B) of	76044
this section.	76045

If a seller's or consumer's tax payment for each of two	76048
consecutive years beginning with 2000 is less than sixty	76049
seventy-five thousand dollars, the seller or consumer is relieved	76050
of the requirement to remit taxes by electronic funds transfer for	76051
the year that next follows the second of the consecutive years in	76052
which the tax payment is less than sixty thousand dollarsthat	76053
amount, and is relieved of that requirement for each succeeding	76054
year, unless the tax payment in a subsequent year equals or	76055
exceeds sixtyseventy-five thousand dollars.	76056

The tax commissioner shall notify each seller or consumer	76057
required to remit taxes by electronic funds transfer of the	76058
seller's or consumer's obligation to do so, shall maintain an	76059
updated list of those sellers and consumers, and shall timely	76060
certify the list and any additions thereto or deletions therefrom	76061
to the treasurer of state. Failure by the tax commissioner to	76062
notify a seller or consumer subject to this section to remit taxes	76063
by electronic funds transfer does not relieve the seller or	76064
consumer of the obligation to remit taxes by electronic funds	76065
transfer.	76066

(B) Sellers and consumers required by division (A) of this	76067
section to remit payments by electronic funds transfer shall remit	76068
such payments to the treasurer of state in the manner prescribed	76069
by this section and rules adopted by the treasurer of state under	76070
section 113.061 of the Revised Code, and on or before the	76071
following dates:	76072

(1)(a) On or before the eleventhfifteenth day of each month,	76073
a seller shall remit an amount equal to the taxes collected during	76074
the first seveneleven days of the month. On or before the	76075
eighteenth day of each month, a seller shall remit an amount equal	76076
to the taxes collected on the eighth through the fourteenth day of	76077
the month. On or before the twenty-fifth day of each month, a	76078
seller shall remit an amount equal to the taxes collected on the	76079
fifteenthtwelfth through the twenty-first day of the month.	76080

(b) In lieu of remitting the actual amounts collected for the	76081
periods specified in division (B)(1)(a) of this section, a seller	76082
may, on or before each of the eleventh, eighteenth,fifteenth and	76083
twenty-fifth days of each month, remit an amount equal to	76084
one-fourththirty-seven and one-half per cent of the seller's	76085
total tax liability for the same month in the preceding calendar	76086
year.	76087

(2) On or before each of the eleventh, eighteenth,fifteenth	76088
and twenty-fifth days of each month, a consumer shall remit an	76089
amount equal to one-fourththirty-seven and one-half per cent of	76090
the consumer's total tax liability for the same month in the	76091
preceding calendar year.	76092

(3) On or before the twenty-third day of each month, a seller	76093
shall report the taxes collected and a consumer shall report the	76094
taxes due for the previous month and shall remit that amount, less	76095
any amounts paid for that month as required by division (B)(1)(a)	76096
or (b) or (B)(2) of this section.	76097

The payment of taxes by electronic funds transfer does not	76098
affect a seller's or consumer's obligation to file the monthly	76099
return as required under section 5741.12 of the Revised Code.	76100

(C) A seller or consumer required by this section to remit	76101
taxes by electronic funds transfer may apply to the treasurer of	76102
state in the manner prescribed by the treasurer of state to be	76103
excused from that requirement. The treasurer of state may excuse	76104
the seller or consumer from remittance by electronic funds	76105
transfer for good cause shown for the period of time requested by	76106
the seller or consumer or for a portion of that period. The	76107
treasurer of state shall notify the tax commissioner and the	76108
seller or consumer of the treasurer of state's decision as soon as	76109
is practicable.	76110

(D)(1) If a seller or consumer that is required to remit	76111
payments under division (B) of this section fails to make a	76112
payment, the commissioner may impose an additional charge not to	76113
exceed five per cent of that unpaid amount.	76114

(2) If a seller or consumer required by this section to remit	76115
taxes by electronic funds transfer remits those taxes by some	76116
means other than by electronic funds transfer as prescribed by the	76117
rules adopted by the treasurer of state, and the treasurer of	76118
state determines that such failure was not due to reasonable cause	76119
or was due to willful neglect, the treasurer of state shall notify	76120
the tax commissioner of the failure to remit by electronic funds	76121
transfer and shall provide the commissioner with any information	76122
used in making that determination. The tax commissioner may impose	76123
an additional charge not to exceed the lesser of five per cent of	76124
the amount of the taxes required to be paid by electronic funds	76125
transfer or five thousand dollars.	76126

(3) Any additional charge imposed under this section is in	76127
addition to any other penalty or charge imposed under this	76128
chapter, and shall be considered as revenue arising from taxes	76129
imposed under this chapter. An additional charge may be collected	76130
by assessment in the manner prescribed by section 5741.13 of the	76131
Revised Code. The tax commissioner may waive all or a portion of	76132
such a charge and may adopt rules governing such waiver.	76133

No additional charge shall be imposed under division (D)(2)	76134
of this section against a seller or consumer that has been	76135
notified of the obligation to remit taxes under this section and	76136
that remits its first two tax payments after such notification by	76137
some means other than electronic funds transfer. The additional	76138
charge may be imposed upon the remittance of any subsequent tax	76139
payment that the seller or consumer remits by some means other	76140
than electronic funds transfer.	76141

Sec. 5741.25. If any corporation, limited liability company,	76142
or business trust registered or required to be registered under	76143
section 5741.17 of the Revised Code and required to file returns	76144
and remit tax due to the state under this chapter fails for any	76145
reason to make the filing or payment, any of its employees having	76146
control or supervision of or charged with the responsibility of	76147
filing returns and making payments, or any of its officers,	76148
members, managers, or trustees who are responsible for the	76149
execution of the corporation's, limited liability company's, or	76150
business trust's fiscal responsibilities, shall be personally	76151
liable for the failure. The dissolution, termination, or	76152
bankruptcy of a corporation, limited liability company, or	76153
business trust shall not discharge a responsible officer's,	76154
member's, manager's, employee's, or trustee's liability for a	76155
failure of the corporation, limited liability company, or business	76156
trust to file returns or remit tax due. The sum due for the	76157
liability may be collected by assessment in the manner provided in	76158
section 5741.11 or 5741.13 of the Revised Code.	76159

Sec. 5743.05.  All stamps provided for by section 5743.03 of	76160
the Revised Code, when procured by the tax commissioner, shall be	76161
immediately delivered to the treasurer of state, who shall execute	76162
a receipt therefor showing the number and aggregate face value of	76163
each denomination received by the treasurer of state and any other	76164
information that the commissioner requires to enforce the	76165
collection and distribution of all taxes imposed under section	76166
5743.024 or 5743.026 of the Revised Code, and deliver the receipt	76167
to the commissioner. The treasurer of state shall sell the stamps	76168
and, on the fifth day of each month, make a report showing all	76169
sales made during the preceding month, with the names of	76170
purchasers, the number of each denomination, the aggregate face	76171
value purchased by each, and any other information as the	76172
commissioner requires to enforce the collection and distribution	76173
of all taxes imposed under section 5743.024 of the Revised Code,	76174
and deliver it to the commissioner. The treasurer of state shall	76175
be accountable for all stamps received and unsold. The stamps	76176
shall be sold and accounted for at their face value, except the	76177
commissioner shall, by rule certified to the treasurer of state,	76178
authorize the sale of stamps and meter impressions to wholesale or	76179
retail dealers in this state, or to wholesale dealers outside this	76180
state, at a discount of not less than one and eight-tenths per	76181
cent or more than ten per cent of their face value, as a	76182
commission for affixing and canceling the stamps or meter	76183
impressions.	76184

The commissioner, by rule certified to the treasurer of	76185
state, shall authorize the delivery of stamps and meter	76186
impressions to wholesale and retail dealers in this state and to	76187
wholesale dealers outside this state on credit when the purchaser	76188
files. If such a dealer has not been in good credit standing with	76189
this state for five consecutive years preceding the purchase, the	76190
tax commissioner shall require the dealer to file with the	76191
commissioner a bond to the state in the amount and in the form	76192
prescribed by the commissioner, and with surety to the	76193
satisfaction of the treasurer of statecommissioner, conditioned	76194
on payment to the treasurer of state within thirty days for stamps	76195
or meter impressions delivered within that time. If such a dealer	76196
has been in good credit standing with this state for five	76197
consecutive years preceding the purchase, the tax commissioner	76198
shall not require that the dealer file such a bond but shall	76199
require payment for the stamps and meter impressions within thirty	76200
days after purchase of the stamps and meter impressions. Stamps	76201
and meter impressions sold to a dealer not required to file a bond	76202
shall be sold at face value. The maximum amount that may be sold	76203
on credit to a dealer not required to file a bond shall equal one	76204
hundred ten per cent of the dealer's average monthly purchases	76205
over the preceding calendar year. The maximum amount shall be	76206
adjusted to reflect any changes in the tax rate and may be	76207
adjusted, upon application to the tax commissioner by the dealer,	76208
to reflect changes in the business operations of the dealer. The	76209
maximum amount shall be applicable to the period of July through	76210
April. Payment by a dealer not required to file a bond shall be	76211
remitted by electronic funds transfer as prescribed by section	76212
5743.051 of the Revised Code. If a dealer not required to file a	76213
bond fails to make the payment in full within the thirty-day	76214
period, the treasurer of state shall not thereafter sell stamps or	76215
meter impressions to that dealer until the dealer pays the	76216
outstanding amount, including penalty and interest on that amount	76217
as prescribed in this chapter, and the commissioner thereafter may	76218
require the dealer to file a bond until the dealer is restored to	76219
good standing. The commissioner shall limit delivery of stamps and	76220
meter impressions on credit to the period running from the first	76221
day of July of the fiscal year until the first day of the	76222
following May. Any discount allowed as a commission for affixing	76223
and canceling stamps or meter impressions shall be allowed with	76224
respect to sales of stamps and meter impressions on credit.	76225

The treasurer of state shall redeem and pay for any	76226
destroyed, unused, or spoiled tax stamps and any unused meter	76227
impressions at their net value, and shall refund to wholesale	76228
dealers the net amount of state and county taxes paid erroneously	76229
or paid on cigarettes that have been sold in interstate or foreign	76230
commerce or that have become unsalable, and the net amount of	76231
county taxes that were paid on cigarettes that have been sold at	76232
retail or for retail sale outside a taxing county.	76233

An application for a refund of tax shall be filed with the	76234
tax commissioner, on the form prescribed by the commissioner for	76235
that purpose, within three years from the date the tax stamps are	76236
destroyed or spoiled, from the date of the erroneous payment, or	76237
from the date that cigarettes on which taxes have been paid have	76238
been sold in interstate or foreign commerce or have become	76239
unsalable.	76240

On the filing of the application, the commissioner shall	76241
determine the amount of refund to which the applicant is entitled,	76242
payable from receipts of the state tax, and, if applicable,	76243
payable from receipts of a county tax . If the amount is less than	76244
that claimed, the commissioncommissioner shall certify the amount	76245
to the director of budget and management and treasurer of state	76246
for payment from the tax refund fund created by section 5703.052	76247
of the Revised Code. If the amount is less than that claimed, the	76248
commissioner shall proceed in accordance with section 5703.70 of	76249
the Revised Code.	76250

If a refund is granted for payment of an illegal or erroneous	76251
assessment issued by the department, the refund shall include	76252
interest on the amount of the refund from the date of the	76253
overpayment. The interest shall be computed at the rate per annum	76254
prescribed by section 5703.47 of the Revised Code.	76255

Sec. 5743.051. This section applies to any wholesale or	76256
retail cigarette dealer required by section 5743.05 of the Revised	76257
Code to remit payment for tax stamps and meter impressions by	76258
electronic funds transfer. The tax commissioner shall notify each	76259
dealer of the dealer's obligation to do so and shall maintain an	76260
updated list of those dealers. Failure by the tax commissioner to	76261
notify a dealer subject to this section to remit taxes by	76262
electronic funds transfer does not relieve the dealer of its	76263
obligation to remit taxes by electronic funds transfer.	76264

A dealer required to remit payments by electronic funds	76265
transfer shall remit such payments to the treasurer of state in	76266
the manner prescribed by rules adopted by the treasurer of state	76267
under section 113.061 of the Revised Code and within the time	76268
prescribed for such a dealer by section 5743.05 of the Revised	76269
Code.	76270

A dealer required to remit taxes by electronic funds transfer	76271
may apply to the tax commissioner in the manner prescribed by the	76272
tax commissioner to be excused from that requirement. The tax	76273
commissioner may excuse the dealer from remittance by electronic	76274
funds transfer for good cause shown for the period of time	76275
requested by the dealer or for a portion of that period.	76276

If a dealer required to remit taxes by electronic funds	76277
transfer remits those taxes by some other means, the treasurer of	76278
state shall notify the tax commissioner of the failure to remit by	76279
electronic funds transfer. If the tax commissioner determines that	76280
such failure was not due to reasonable cause or was due to willful	76281
neglect, the tax commissioner may collect an additional charge by	76282
assessment in the manner prescribed by section 5743.081 of the	76283
Revised Code. The additional charge shall equal five per cent of	76284
the amount of the taxes required to be paid by electronic funds	76285
transfer but shall not exceed five thousand dollars. Any	76286
additional charge assessed under this section is in addition to	76287
any other penalty or charge imposed under this chapter and shall	76288
be considered as revenue arising from taxes imposed under this	76289
chapter. The tax commissioner may abate all or a portion of such a	76290
charge and may adopt rules governing such remissions.	76291

No additional charge shall be assessed under this section	76292
against a dealer that has been notified of its obligation to remit	76293
taxes under this section and that remits its first two tax	76294
payments after such notification by some means other than	76295
electronic funds transfer. The additional charge may be assessed	76296
upon the remittance of any subsequent tax payment that the dealer	76297
remits by some means other than electronic funds transfer.	76298

Sec. 5743.21.  (A) No person shall affix a stamp required by	76299
section 5743.03 of the Revised Code to any package that:	76300

(1) Bears any label or notice prescribed by the United States	76301
to identify cigarettes exempt from taxation by the United States	76302
pursuant to section 5704(b) of the "Internal Revenue Code of	76303
1986," 100 Stat. 2085, 26 U.S.C.A. 5704(b), including any notice	76304
or label described in 27 C.F.R. 290.185;	76305

(2) Is not labeled in conformity with the "Federal Cigarette	76306
Labeling and Advertising Act," 79 Stat. 282, 15 U.S.C.A. 1331	76307
(1965), or any other federal requirement for the placement of	76308
labels, warnings, or other information applicable to packages of	76309
cigarettes intended for domestic consumption;	76310

(3) Has been altered by anyone other than the manufacturer or	76311
a person authorized by the manufacturer, including by the	76312
placement of a sticker to cover information on or add information	76313
to the package;	76314

(4) Has been imported or brought into the United States after	76315
January 1, 2000, in violation of section 5754 of the "Internal	76316
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 5754, or	76317
regulations adopted under that section;	76318

(5) Is produced by a tobacco product manufacturer or is part	76319
of a brand family that is not included in the directory	76320
established under section 1346.05 of the Revised Code.	76321

(B) No person shall sell or offer to sell any roll-your-own	76322
tobacco to any person in this state if the roll-your-own tobacco	76323
is not included in the directory established under section 1346.05	76324
of the Revised Code. Any roll-your-own tobacco in the possession	76325
of a retail dealer in this state shall be prima facie evidence of	76326
offering to sell to a person in this state.	76327

(C) Whenever the tax commissioner discovers any packages to	76328
which stamps have been affixed in violation of this section, or	76329
any roll-your-own tobacco sold or offered for sale in violation of	76330
this section, the tax commissioner may seize the packages or	76331
roll-your-own tobacco, which shall thereupon be forfeited to the	76332
state, and shall order theirthe destruction of the packages or	76333
roll-your-own tobacco, provided that the seizure and destruction	76334
shall not exempt any person from prosecution or from the fine or	76335
imprisonment provided for the violation of this section.	76336

(D) As used in this section, "roll-your-own" has the same	76337
meaning as in section 1346.01 of the Revised Code, and "tobacco	76338
product manufacturer" and "brand family" have the same meanings as	76339
in section 1346.04 of the Revised Code.	76340

Sec. 5743.45.  (A) As used in this section, "felony" has the	76341
same meaning as in section 109.511 of the Revised Code.	76342

(B) For purposes of enforcing this chapter and Chapters	76343
5728., 5735., 5739., 5741., and 5747. of the Revised Code and	76344
subject to division (C) of this section, the tax commissioner, by	76345
journal entry, may delegate any investigation powers of the	76346
commissioner to an employee of the department of taxation who has	76347
been certified by the Ohio peace officer training commission and	76348
who is engaged in the enforcement of those chapters. A separate	76349
journal entry shall be entered for each employee to whom that	76350
power is delegated. Each journal entry shall be a matter of public	76351
record and shall be maintained in an administrative portion of the	76352
journal as provided for in division (L) of section 5703.05 of the	76353
Revised Code. When that journal entry is completed, the employee	76354
to whom it pertains, while engaged within the scope of the	76355
employee's duties in enforcing the provisions of this chapter or	76356
Chapter 5728., 5735., 5739., 5741., or 5747. of the Revised Code,	76357
has the power of a police officer to carry concealed weapons, make	76358
arrests, and obtain warrants for violations of any provision in	76359
those chapters. The commissioner, at any time, may suspend or	76360
revoke that the commissioner's delegation by journal entry. No	76361
employee of the department shall divulge any information acquired	76362
as a result of an investigation pursuant to this chapter or	76363
Chapter 5728., 5735., 5739., 5741., or 5747. of the Revised Code,	76364
except as may be required by the commissioner or a court.	76365

(C)(1) The tax commissioner shall not delegate any	76366
investigation powers to an employee of the department of taxation	76367
pursuant to division (B) of this section on a permanent basis, on	76368
a temporary basis, for a probationary term, or on other than a	76369
permanent basis if the employee previously has been convicted of	76370
or has pleaded guilty to a felony.	76371

(2)(a) The tax commissioner shall revoke the delegation of	76372
investigation powers to an employee to whom the delegation was	76373
made pursuant to division (B) of this section if that employee	76374
does either of the following:	76375

(i) Pleads guilty to a felony;

76376

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	76377
plea agreement as provided in division (D) of section 2929.29 of	76378
the Revised Code in which the employee agrees to surrender the	76379
certificate awarded to that employee under section 109.77 of the	76380
Revised Code.	76381

(b) The tax commissioner shall suspend the delegation of	76382
investigation powers to an employee to whom the delegation was	76383
made pursuant to division (B) of this section if that employee is	76384
convicted, after trial, of a felony. If the employee files an	76385
appeal from that conviction and the conviction is upheld by the	76386
highest court to which the appeal is taken or if the employee does	76387
not file a timely appeal, the commissioner shall revoke the	76388
delegation of investigation powers to that employee. If the	76389
employee files an appeal that results in that employee's acquittal	76390
of the felony or conviction of a misdemeanor, or in the dismissal	76391
of the felony charge against that employee, the commissioner shall	76392
reinstate the delegation of investigation powers to that employee.	76393
The suspension, revocation, and reinstatement of the delegation of	76394
investigation powers to an employee under division (C)(2) of this	76395
section shall be made by journal entry pursuant to division (B) of	76396
this section. An employee to whom the delegation of investigation	76397
powers is reinstated under division (C)(2)(b) of this section	76398
shall not receive any back pay for the exercise of those	76399
investigation powers unless that employee's conviction of the	76400
felony was reversed on appeal, or the felony charge was dismissed,	76401
because the court found insufficient evidence to convict the	76402
employee of the felony.	76403

(3) Division (C) of this section does not apply regarding an	76404
offense that was committed prior to January 1, 1997.	76405

(4) The suspension or revocation of the delegation of	76406
investigation powers to an employee under division (C)(2) of this	76407
section shall be in accordance with Chapter 119. of the Revised	76408
Code.	76409

Sec. 5745.01.  As used in this chapter:

76410

(A) "Electric company," and "combined company," and	76411
"telephone company," have the same meanings as in section 5727.01	76412
of the Revised Code, except "telephone company" does not include a	76413
non profit corporation.	76414

(B) "Electric light company" has the same meaning as in	76415
section 4928.01 of the Revised Code, and includes the activities	76416
of a combined company as an electric company, but excludes	76417
nonprofit companies and municipal corporations.	76418

(C) "Taxpayer" means aneither of the following:

76419

(1) An electric light company subject to taxation by a	76420
municipal corporation in this state for a taxable year, excluding	76421
an electric light company that is not an electric company or a	76422
combined company and for which an election made under section	76423
5745.031 of the Revised Code is not in effect with respect to the	76424
taxable year. If such a company is a qualified subchapter S	76425
subsidiary as defined in section 1361 of the Internal Revenue Code	76426
or a disregarded entity, the company's parent S corporation or	76427
owner is the taxpayer for the purposes of this chapter and is	76428
hereby deemed to have nexus with this state under the Constitution	76429
of the United States for the purposes of this chapter.	76430

(2) A telephone company subject to taxation by a municipal	76431
corporation in this state for a taxable year. A telephone company	76432
is subject to taxation under this chapter for any taxable year	76433
that begins on or after January 1, 2004. A telephone company with	76434
a taxable year ending in 2004 shall compute the tax imposed under	76435
this chapter, or shall compute its net operating loss carried	76436
forward for that taxable year, by multiplying the tax owed, or the	76437
loss for the taxable year, by fifty per cent.	76438

(D) "Disregarded entity" means an entity that, for its	76439
taxable year, is by default, or has elected to be, disregarded as	76440
an entity separate from its owner pursuant to 26 C.F.R.	76441
301.7701-3.	76442

(E) "Taxable year" of a taxpayer is the taxpayer's taxable	76443
year for federal income tax purposes.	76444

(F) "Federal taxable income" means taxable income, before	76445
operating loss deduction and special deductions, as required to be	76446
reported for the taxpayer's taxable year under the Internal	76447
Revenue Code.	76448

(G) "Adjusted federal taxable income" means federal taxable	76449
income adjusted as follows:	76450

(1) Deduct intangible income as defined in section 718.01 of	76451
the Revised Code to the extent included in federal taxable income;	76452

(2) Add expenses incurred in the production of such	76453
intangible income;	76454

(3) If, with respect to a qualifying taxpayer and a	76455
qualifying asset there occurs a qualifying taxable event, the	76456
qualifying taxpayer shall reduce its federal taxable income, as	76457
defined in division (F) of this section, by the amount of the	76458
book-tax differentialdifference for that qualifying asset if the	76459
book-tax differentialdifference is greater than zero, and shall	76460
increase its federal taxable income by the absolute value of the	76461
amount of the book-tax differentialdifference for that qualifying	76462
asset if the book-tax differentialdifference is less than zero.	76463
The adjustments provided in division (G)(3) of this section are	76464
subject to divisions (B)(3), (4), and (5) of section 5733.0510 of	76465
the Revised Code to the extent those divisions apply to the	76466
adjustments in that section for the taxable year. A taxpayer shall	76467
not deduct or add any amount under division (G)(3) of this section	76468
with respect to a qualifying asset the sale, exchange, or other	76469
disposition of which resulted in the recognition of a gain or loss	76470
that the taxpayer deducted or added, respectively, under division	76471
(G)(1) or (2) of this section.	76472

For the purposes of division (G)(3) of this section, "net	76473
income" has the same meaning as in section 5733.04 of the Revised	76474
Code, and "book-tax differentialdifference," "qualifying	76475
taxpayer," "qualifying asset," and "qualifying taxable event" have	76476
the same meanings as in section 5733.0510 of the Revised Code.	76477

(4) If the taxpayer is not a C corporation and is not an	76478
individual, the taxpayer shall compute "adjusted federal taxable	76479
income" as if the taxpayer were a C corporation, except:	76480

(a) Guaranteed payments and other similar amounts paid or	76481
accrued to a partner, former partner, or member or former member	76482
shall not be allowed as a deductible expense; and	76483

(b) With respect to each owner or owner-employee of the	76484
taxpayer, amounts paid or accrued to a qualified self-employed	76485
retirement plan and amounts paid or accrued to or for health	76486
insurance or life insurance shall not be allowed as a deduction.	76487

Nothing in this division shall be construed as allowing the	76488
taxpayer to deduct any amount more than once.	76489

(5) Add or deduct the amounts described in section 5733.0511	76490
of the Revised Code for qualifying telephone company taxpayers.	76491

(H) "Internal Revenue Code" means the "Internal Revenue Code	76492
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amendedit existed on	76493
December 31, 2001.	76494

(I) "Ohio net income" means the amount determined under	76495
division (B) of section 5745.02 of the Revised Code.	76496

Sec. 5745.02.  (A) The annual report filed under section	76497
5745.03 of the Revised Code determines a taxpayer's Ohio net	76498
income and the portion of Ohio net income to be apportioned to a	76499
municipal corporation.	76500

(B) A taxpayer's Ohio net income is determined by multiplying	76501
the taxpayer's adjusted federal taxable income by the sum of the	76502
property factor multiplied by one-third, the payroll factor	76503
multiplied by one-third, and the sales factor multiplied by	76504
one-third. If the denominator of one of the factors is zero, the	76505
remaining two factors each shall be multiplied by one-half instead	76506
of one-third; if the denominator of two of the factors is zero,	76507
the remaining factor shall be multiplied by one. The property,	76508
payroll, and sales factors shall be determined in the manner	76509
prescribed by divisions (B)(1), (2), and (3) of this section.	76510

(1) The property factor is a fraction, the numerator of which	76511
is the average value of the taxpayer's real and tangible personal	76512
property owned or rented, and used in business in this state	76513
during the taxable year, and the denominator of which is the	76514
average value of all the taxpayer's real and tangible personal	76515
property owned or rented, and used in business everywhere during	76516
such year. Property owned by the taxpayer is valued at its	76517
original cost. Property rented by the taxpayer is valued at eight	76518
times the net annual rental rate. "Net annual rental rate" means	76519
the annual rental rate paid by the taxpayer less any annual rental	76520
rate received by the taxpayer from subrentals. The average value	76521
of property shall be determined by averaging the values at the	76522
beginning and the end of the taxable year, but the tax	76523
commissioner may require the averaging of monthly values during	76524
the taxable year, if reasonably required to reflect properly the	76525
average value of the taxpayer's property.	76526

(2) The payroll factor is a fraction, the numerator of which	76527
is the total amount paid in this state during the taxable year by	76528
the taxpayer for compensation, and the denominator of which is the	76529
total compensation paid everywhere by the taxpayer during such	76530
year. Compensation means any form of remuneration paid to an	76531
employee for personal services. Compensation is paid in this state	76532
if: (a) the recipient's service is performed entirely within this	76533
state, (b) the recipient's service is performed both within and	76534
without this state, but the service performed without this state	76535
is incidental to the recipient's service within this state, or (c)	76536
some of the service is performed within this state and either the	76537
base of operations, or if there is no base of operations, the	76538
place from which the service is directed or controlled is within	76539
this state, or the base of operations or the place from which the	76540
service is directed or controlled is not in any state in which	76541
some part of the service is performed, but the recipient's	76542
residence is in this state.	76543

(3) The sales factor is a fraction, the numerator of which is	76544
the total sales in this state by the taxpayer during the taxable	76545
year, and the denominator of which is the total sales by the	76546
taxpayer everywhere during such year. Sales of electricity shall	76547
be sitused to this state in the manner provided under section	76548
5733.059 of the Revised Code. In determining the numerator and	76549
denominator of the sales factor, receipts from the sale or other	76550
disposal of a capital asset or an asset described in section 1231	76551
of the Internal Revenue Code shall be eliminated. Also, in	76552
determining the numerator and denominator of the sales factor, in	76553
the case of a reporting taxpayer owning at least eighty per cent	76554
of the issued and outstanding common stock of one or more	76555
insurance companies or public utilities, except an electric	76556
company, a combined company, or a telephone company, or owning at	76557
least twenty-five per cent of the issued and outstanding common	76558
stock of one or more financial institutions, receipts received by	76559
the reporting taxpayer from such utilities, insurance companies,	76560
and financial institutions shall be eliminated.	76561

For the purpose of division (B)(3) of this section, sales of	76562
tangible personal property are in this state where such property	76563
is received in this state by the purchaser. In the case of	76564
delivery of tangible personal property by common carrier or by	76565
other means of transportation, the place at which such property is	76566
ultimately received after all transportation has been completed	76567
shall be considered as the place at which such property is	76568
received by the purchaser. Direct delivery in this state, other	76569
than for purposes of transportation, to a person or firm	76570
designated by a purchaser constitutes delivery to the purchaser in	76571
this state, and direct delivery outside this state to a person or	76572
firm designated by a purchaser does not constitute delivery to the	76573
purchaser in this state, regardless of where title passes or other	76574
conditions of sale.	76575

Sales, other than sales of electricity or tangible personal	76576
property, are in this state if either the income-producing	76577
activity is performed solely in this state, or the	76578
income-producing activity is performed both within and without	76579
this state and a greater proportion of the income-producing	76580
activity is performed within this state than in any other state,	76581
based on costs of performance.	76582

For the purposes of division (B)(3) of this section, the tax	76583
commissioner may adopt rules to apportion sales within this state.	76584

(C) The portion of a taxpayer's Ohio net income taxable by	76585
each municipal corporation imposing an income tax shall be	76586
determined by multiplying the taxpayer's Ohio net income by the	76587
sum of the municipal property factor multiplied by one-third, the	76588
municipal payroll factor multiplied by one-third, and the	76589
municipal sales factor multiplied by one-third, and subtracting	76590
from the product so obtained any "municipal net operating loss	76591
carryforward from prior taxable years." If the denominator of one	76592
of the factors is zero, the remaining two factors each shall be	76593
multiplied by one-half instead of one-third; if the denominator of	76594
two of the factors is zero, the remaining factor shall be	76595
multiplied by one. In calculating the "municipal net operating	76596
loss carryforward from prior taxable years" for each municipal	76597
corporation, net operating losses are apportioned in and out of a	76598
municipal corporation for the taxable year in which the net	76599
operating loss occurs in the same manner that positive net income	76600
would have been so apportioned. Any net operating loss for a	76601
municipal corporation may be applied to subsequent net income in	76602
that municipal corporation to reduce that income to zero or until	76603
the net operating loss has been fully used as a deduction. The	76604
unused portion of net operating losses for each taxable year	76605
apportioned to a municipal corporation may only be applied against	76606
the income apportioned to that municipal corporation for five	76607
subsequent taxable years. Net operating losses occurring in	76608
taxable years ending before 2002 may not be subtracted under this	76609
section.	76610

A taxpayer's municipal property, municipal payroll, and	76611
municipal sales factors for a municipal corporation shall be	76612
determined as provided in divisions (C)(1), (2), and (3) of this	76613
section.	76614

(1) The municipal property factor is the quotient obtained by	76615
dividing (a) the average value of real and tangible personal	76616
property owned or rented by the taxpayer and used in business in	76617
the municipal corporation during the taxable year by (b) the	76618
average value of all of the taxpayer's real and tangible personal	76619
property owned or rented and used in business during that taxable	76620
year in this state. The value and average value of such property	76621
shall be determined in the same manner provided in division (B)(1)	76622
of this section.	76623

(2) The municipal payroll factor is the quotient obtained by	76624
dividing (a) the total amount of compensation earned in the	76625
municipal corporation by the taxpayer's employees during the	76626
taxable year for services performed for the taxpayer and that is	76627
subject to income tax withholding by the municipal corporation by	76628
(b) the total amount of compensation paid by the taxpayer to its	76629
employees in this state during the taxable year. Compensation has	76630
the same meaning as in division (B)(2) of this section.	76631

(3) The municipal sales factor is a fraction, the numerator	76632
of which is the taxpayer's total sales in a municipal corporation	76633
during the taxable year, and the denominator of which is the	76634
taxpayer's total sales in this state during such year.	76635

For the purpose of division (C)(3) of this section, sales of	76636
tangible personal property are in the municipal corporation where	76637
such property is received in the municipal corporation by the	76638
purchaser. Sales of electricity directly to the consumer, as	76639
defined in section 5733.059 of the Revised Code, shall be	76640
considered sales of tangible personal property. In the case of the	76641
delivery of tangible personal property by common carrier or by	76642
other means of transportation, the place at which such property	76643
ultimately is received after all transportation has been completed	76644
shall be considered as the place at which the property is received	76645
by the purchaser. Direct delivery in the municipal corporation,	76646
other than for purposes of transportation, to a person or firm	76647
designated by a purchaser constitutes delivery to the purchaser in	76648
that municipal corporation, and direct delivery outside the	76649
municipal corporation to a person or firm designated by a	76650
purchaser does not constitute delivery to the purchaser in that	76651
municipal corporation, regardless of where title passes or other	76652
conditions of sale. Sales, other than sales of tangible personal	76653
property, are in the municipal corporation if either:	76654

(a) The income-producing activity is performed solely in the	76655
municipal corporation;	76656

(b) The income-producing activity is performed both within	76657
and without the municipal corporation and a greater proportion of	76658
the income-producing activity is performed within that municipal	76659
corporation than any other location in this state, based on costs	76660
of performance.	76661

For the purposes of division (C)(3) of this section, the tax	76662
commissioner may adopt rules to apportion sales within each	76663
municipal corporation.	76664

(D) If a taxpayer is a combined company as defined in section	76665
5727.01 of the Revised Code, the municipal property, payroll, and	76666
sales factors under division (C) of this section shall be adjusted	76667
as follows:	76668

(1) The numerator of the municipal property factor shall	76669
include only the value, as determined under division (C)(1) of	76670
this section, of the company's real and tangible property in the	76671
municipal corporation attributed to the company's activity as an	76672
electric company using the same methodology prescribed under	76673
section 5727.03 of the Revised Code for taxable tangible personal	76674
property.	76675

(2) The numerator of the municipal payroll factor shall	76676
include only compensation paid in the municipal corporation by the	76677
company to its employees for personal services rendered in the	76678
company's activity as an electric company.	76679

(3) The numerator of the municipal sales factor shall include	76680
only the sales of tangible personal property and services, as	76681
determined under division (C)(3) of this section, made in the	76682
municipal corporation in the course of the company's activity as	76683
an electric company.	76684

(E)(1) If the provisions for apportioning adjusted federal	76685
taxable income or Ohio net income under divisiondivisions (B),	76686
(C), and (D) of this section do not fairly represent business	76687
activity in this state or among municipal corporations, the tax	76688
commissioner may adopt rules for apportioning such income by an	76689
alternative method that fairly represents business activity in	76690
this state or among municipal corporations.	76691

(2) If any of the factors determined under division (B), (C),	76692
or (D) of this section does not fairly represent the extent of a	76693
taxpayer's business activity in this state or among municipal	76694
corporations, the taxpayer may request, or the tax commissioner	76695
may require, that the taxpayer's adjusted federal taxable income	76696
or Ohio net income be determined by an alternative method,	76697
including any of the alternative methods enumerated in division	76698
(B)(2)(d) of section 5733.05 of the Revised Code. A taxpayer	76699
requesting an alternative method shall make the request in writing	76700
to the tax commissioner either with the annual report, a timely	76701
filed amended report, or a timely filed petition for reassessment.	76702
When the tax commissioner requires or permits an alternative	76703
method under division (E)(2) of this section, the tax commissioner	76704
shall cause a written notice to that effect to be delivered to any	76705
municipal corporation that would be affected by application of the	76706
alternative method. Nothing in this division shall be construed to	76707
extend any statute of limitations under this chapter.	76708

(F)(1) The tax commissioner may adopt rules providing for the	76709
combination of adjusted federal taxable incomes of taxpayers	76710
satisfying the ownership or control requirements of section	76711
5733.052 of the Revised Code if the tax commissioner finds that	76712
such combinations are necessary to properly reflect adjusted	76713
federal taxable income, Ohio net income, or the portion of Ohio	76714
net income to be taxable by municipal corporations.	76715

(2) A taxpayer satisfying the ownership or control	76716
requirements of section 5733.052 of the Revised Code with respect	76717
to one or more other taxpayers may not combine their adjusted	76718
federal taxable incomes for the purposes of this section unless	76719
rules are adopted under division (F)(1) of this section allowing	76720
such a combination or the tax commissioner finds that such a	76721
combination is necessary to properly reflect the taxpayers'	76722
adjusted federal taxable incomes, Ohio net incomes, or the portion	76723
of Ohio net incomes to be subject to taxation within a municipal	76724
corporation.	76725

(G) The tax commissioner may adopt rules providing for	76726
alternative apportionment methods for a telephone company.	76727

Sec. 5745.04.  (A) As used in this section, "combined tax	76728
liability" means the total of a taxpayer's income tax liabilities	76729
to all municipal corporations in this state for a taxable year.	76730

(B) Beginning with its taxable year beginning in 2003, each	76731
taxpayer shall file a declaration of estimated tax report with,	76732
and remit estimated taxes to, the tax commissioner, payable to the	76733
treasurer of state, at the times and in the amounts prescribed in	76734
divisions (B)(1) to (4) of this section. This division also	76735
applies to a taxpayer having a taxable year consisting of fewer	76736
than twelve months, at least one of which is in 2002, that ends	76737
before January 1, 2003. The first taxable year a taxpayer is	76738
subject to this chapter, the estimated taxes the taxpayer is	76739
required to remit under this section shall be based solely on the	76740
current taxable year and not on the liability for the preceding	76741
taxable year.	76742

(1) Not less than twenty-five per cent of the combined tax	76743
liability for the preceding taxable year or twenty per cent of the	76744
combined tax liability for the current taxable year shall have	76745
been remitted not later than the fifteenth day of the fourth month	76746
after the end of the preceding taxable year.	76747

(2) Not less than fifty per cent of the combined tax	76748
liability for the preceding taxable year or forty per cent of the	76749
combined tax liability for the current taxable year shall have	76750
been remitted not later than the fifteenth day of the sixth month	76751
after the end of the preceding taxable year.	76752

(3) Not less than seventy-five per cent of the combined tax	76753
liability for the preceding taxable year or sixty per cent of the	76754
combined tax liability for the current taxable year shall have	76755
been remitted not later than the fifteenth day of the ninth month	76756
after the end of the preceding taxable year.	76757

(4) Not less than one hundred per cent of the combined tax	76758
liability for the preceding taxable year or eighty per cent of the	76759
combined tax liability for the current taxable year shall have	76760
been remitted not later than the fifteenth day of the twelfth	76761
month after the end of the preceding taxable year.	76762

(C) Each taxpayer shall report on the declaration of	76763
estimated tax report the portion of the remittance that the	76764
taxpayer estimates that it owes to each municipal corporation for	76765
the taxable year.	76766

(D) Upon receiving a declaration of estimated tax report and	76767
remittance of estimated taxes under this section, the tax	76768
commissioner shall immediately forward to the treasurer of state	76769
such remittance. The treasurer of state shall credit ninety-eight	76770
and one-half per cent of the remittance to the municipal income	76771
tax fund and credit the remainder to the municipal income tax	76772
administrative fund.	76773

(E) If any remittance of estimated taxes is for one thousand	76774
dollars or more, the taxpayer shall make the remittance by	76775
electronic funds transfer as prescribed by section 5745.04 of the	76776
Revised Code.	76777

(F) Notwithstanding section 5745.08 or 5745.09 of the Revised	76778
Code, no penalty or interest shall be imposed on a taxpayer if the	76779
declaration of estimated tax report is properly filed, and the	76780
estimated tax is paid, within the time prescribed by division (B)	76781
of this section.	76782

Sec. 5747.02.  (A) For the purpose of providing revenue for	76783
the support of schools and local government functions, to provide	76784
relief to property taxpayers, to provide revenue for the general	76785
revenue fund, and to meet the expenses of administering the tax	76786
levied by this chapter, there is hereby levied on every	76787
individual, trust, and estate residing in or earning or receiving	76788
income in this state, on every individual, trust, and estate	76789
earning or receiving lottery winnings, prizes, or awards pursuant	76790
to Chapter 3770. of the Revised Code, and on every individual,	76791
trust, and estate otherwise having nexus with or in this state	76792
under the Constitution of the United States, an annual tax	76793
measured in the case of individuals by Ohio adjusted gross income	76794
less an exemption for the taxpayer, the taxpayer's spouse, and	76795
each dependent as provided in section 5747.025 of the Revised	76796
Code; measured in the case of trusts by modified Ohio taxable	76797
income under division (D) of this section; and measured in the	76798
case of estates by Ohio taxable income. The tax imposed by this	76799
section on the balance thus obtained is hereby levied as follows:	76800

In July of each year, beginning in 2005, the tax commissioner	76816
shall adjust the income amounts prescribed in this division by	76817
multiplying the percentage increase in the gross domestic product	76818
deflator computed that year under section 5747.025 of the Revised	76819
Code by each of the income amounts resulting from the adjustment	76820
under this division in the preceding year, adding the resulting	76821
product to the corresponding income amount resulting from the	76822
adjustment in the preceding year, and rounding the resulting sum	76823
to the nearest multiple of fifty dollars. The tax commissioner	76824
also shall recompute each of the tax dollar amounts to the extent	76825
necessary to reflect the adjustment of the income amounts. The	76826
rates of taxation shall not be adjusted.	76827

The adjusted amounts apply to taxable years beginning in the	76828
calendar year in which the adjustments are made. The tax	76829
commissioner shall not make such adjustments in any year in which	76830
the amount resulting from the adjustment would be less than the	76831
amount resulting from the adjustment in the preceding year.	76832

(B) If the director of budget and management makes a	76833
certification to the tax commissioner under division (B) of	76834
section 131.44 of the Revised Code, the amount of tax as	76835
determined under division (A) of this section shall be reduced by	76836
the percentage prescribed in that certification for taxable years	76837
beginning in the calendar year in which that certification is	76838
made.	76839

(C) The levy of this tax on income does not prevent a	76840
municipal corporation, a joint economic development zone created	76841
under section 715.691, or a joint economic development district	76842
created under section 715.70 or 715.71 or sections 715.72 to	76843
715.81 of the Revised Code from levying a tax on income.	76844

(D) This division applies only to taxable years of a trust	76845
beginning in 2002, 2003, or 2004.	76846

(1) The tax imposed by this section on a trust shall be	76847
computed by multiplying the Ohio modified taxable income of the	76848
trust by the rates prescribed by division (A) of this section.	76849

(2) A credit is allowed against the tax computed under	76850
division (D) of this section equal to the lesser of (1) the tax	76851
paid to another state or the District of Columbia on the trust's	76852
modified nonbusiness income, other than the portion of the trust's	76853
nonbusiness income that is qualifying investment income as defined	76854
in section 5747.012 of the Revised Code, or (2) the effective tax	76855
rate, based on modified Ohio taxable income, multiplied by the	76856
trust's modified nonbusiness income other than the portion of	76857
trust's nonbusiness income that is qualifying investment income.	76858
The credit applies before any other applicable credits.	76859

(3) The credits enumerated in divisions (A)(1) to (13) of	76860
section 5747.98 of the Revised Code do not apply to a trust	76861
subject to this division. Any credits enumerated in other	76862
divisions of section 5747.98 of the Revised Code apply to a trust	76863
subject to this division. To the extent that the trust distributes	76864
income for the taxable year for which a credit is available to the	76865
trust, the credit shall be shared by the trust and its	76866
beneficiaries. The tax commissioner and the trust shall be guided	76867
by applicable regulations of the United States treasury regarding	76868
the sharing of credits.	76869

(E) For the purposes of this section, "trust" means any trust	76870
described in Subchapter J of Chapter 1 of the Internal Revenue	76871
Code, excluding trusts that are not irrevocable as defined in	76872
division (I)(3)(b) of section 5747.01 of the Revised Code and that	76873
have no modified Ohio taxable income for the taxable year,	76874
charitable remainder trusts, qualified funeral trusts and preneed	76875
funeral contract trusts established pursuant to section 1111.19 of	76876
the Revised Code that are not qualified funeral trusts, endowment	76877
and perpetual care trusts, qualified settlement trusts and funds,	76878
designated settlement trusts and funds, and trusts exempted from	76879
taxation under section 501(a) of the Internal Revenue Code.	76880

Sec. 5747.026.  (A) For taxable years beginning on or after	76881
January 1, 2002, a member of the national guard or a member of a	76882
reserve component of the armed forces of the United States called	76883
to active or other duty under operation Iraqi freedom may apply to	76884
the tax commissioner for an extension for filing of the return and	76885
payment of taxes required under Chapter 5747. of the Revised Code	76886
during the period of the member's duty service and for sixty days	76887
thereafter. The application shall be filed on or before the	76888
sixtieth day after the member's duty terminates. An applicant	76889
shall provide such evidence as the commissioner considers	76890
necessary to demonstrate eligibility for the extension.	76891

(B)(1) If the commissioner determines that an applicant is	76892
qualified for an extension under this section, the commissioner	76893
shall enter into a contract with the applicant for the payment of	76894
the tax in installments that begin on the sixty-first day after	76895
the applicant's duty under operation Iraqi freedom terminates.	76896
Except as provided in division (B)(3) of this section, the	76897
commissioner may prescribe such contract terms as the commissioner	76898
considers appropriate.	76899

(2) If the commissioner determines that an applicant is	76900
qualified for an extension under this section, the applicant shall	76901
not be required to file any return, report, or other tax document	76902
before the sixty-first day after the applicant's duty under	76903
operation Iraqi freedom terminates.	76904

(3) Taxes paid pursuant to a contract entered into under	76905
division (B)(1) of this section are not delinquent. The tax	76906
commissioner shall not require any payments of penalties or	76907
interest in connection with such taxes.	76908

(C) The tax commissioner shall adopt rules necessary to	76909
administer this section, including rules establishing the	76910
following:	76911

(1) Forms and procedures by which applicants may apply for	76912
extensions;	76913

(2) Criteria for eligibility;

76914

(3) A schedule for repayment of deferred taxes.

76915

Sec. 5747.12.  If a person entitled to a refund under section	76916
5747.11 or 5747.13 of the Revised Code is indebted to this state	76917
for any tax, workers' compensation premium due under section	76918
4123.35 of the Revised Code, unemployment compensation	76919
contribution due under section 4141.25 of the Revised Code, or fee	76920
administered by the tax commissioner that is paid to the state or	76921
to the clerk of courts pursuant to section 4505.06 of the Revised	76922
Code, or any charge, penalty, or interest arising from such a tax,	76923
workers' compensation premium, unemployment compensation	76924
contribution, or fee, the amount refundable may be applied in	76925
satisfaction of the debt. If the amount refundable is less than	76926
the amount of the debt, it may be applied in partial satisfaction	76927
of the debt. If the amount refundable is greater than the amount	76928
of the debt, the amount remaining after satisfaction of the debt	76929
shall be refunded. If the person has more than one such debt, any	76930
debt subject to section 5739.33 or division (G) of section 5747.07	76931
of the Revised Code shall be satisfied first. This section applies	76932
only to debts that have become final.	76933

The tax commissioner may, with the consent of the taxpayer,	76934
provide for the crediting, against tax imposed under this chapter	76935
or Chapter 5748. of the Revised Code and due for any taxable year,	76936
of the amount of any refund due the taxpayer under this chapter or	76937
Chapter 5748. of the Revised Code, as appropriate, for a preceding	76938
taxable year.	76939

Sec. 5747.31.  (A) This section applies to an individual or	76940
estate that is a proprietor or a pass-through entity investor.	76941

(B) A taxpayer described in division (A) of this section is	76942
allowed a credit that shall be computed and claimed in the same	76943
manner as the credit allowed to corporations in section 5733.33 of	76944
the Revised Code. The taxpayer shall claim one-seventh of the	76945
credit amount for the calendar year in which the new manufacturing	76946
machinery and equipment is purchased for use in the county by the	76947
taxpayer or partnership. One-seventh of the taxpayer credit amount	76948
is allowed for each of the six ensuing taxable years. The taxpayer	76949
shall claim the credit in the order required under section 5747.98	76950
of the Revised Code.	76951

The taxpayer shall file with the department of development a	76952
notice of intent to claim the credit in accordance with division	76953
(E) of section 5733.33 of the Revised Code.	76954

(C)(1) A taxpayer described in division (A) of this section	76955
is allowed a credit that shall be computed in the same manner as	76956
the credit allowed to a corporation in section 5733.39 of the	76957
Revised Code, with the following adjustments:	76958

(a) Substitute "taxable year" for "tax year" wherever "tax	76959
year" appears in section 5733.39 of the Revised Code;	76960

(b) Substitute "5747.02" for "5733.06" wherever "5733.06"	76961
appears in section 5733.39 of the Revised Code;	76962

(c) Substitute "5747.98" for "5733.98" wherever "5733.98"	76963
appears in section 5733.39 of the Revised Code;	76964

(d) The credit allowed under division (C) of this section	76965
shall be subject to the same disallowance for the carryover or	76966
carryback of any unused credit as provided in division (C) of	76967
section 5733.39 of the Revised Code.	76968

(2) Notwithstanding section 5747.1315703.56 of the Revised	76969
Code to the contrary, a taxpayer claiming a credit under this	76970
division has the burden of establishing by a preponderance of the	76971
evidence that the doctrines enumerated in section 5747.1315703.56	76972
of the Revised Code do not apply with respect to the credit	76973
provided by this division.	76974

(D) Nothing in this section shall be construed to limit or	76975
disallow pass-through treatment of a pass-through entity's income,	76976
deductions, credits, or other amounts necessary to compute the tax	76977
imposed by section 5747.02 of the Revised Code and the credits	76978
allowed by this chapter.	76979

Sec. 5901.021. (A) This section applies only to counties	76980
having a population, according to the most recent decennial	76981
census, of more than fourfive hundred thousand. In	76982

(B)(1) In any such county that is described in division (A)	76983
of this section and in which the veterans service commission	76984
submits a budget request under section 5901.11 of the Revised Code	76985
for the ensuing fiscal year that exceeds (1)	76986
twenty-five-thousandths of one per cent of the assessed value of	76987
property in the county or (2) the amount appropriated to the	76988
commission from the county general fund in the current fiscal year	76989
by more than ten per cent of that appropriation, the board of	76990
county commissioners, by resolution, may create not more than six	76991
memberships on the veterans service commission in addition to the	76992
memberships provided for by section 5901.02 of the Revised Code.	76993
The board shall prescribe the number of years suchthe additional	76994
memberships shall exist, which shall not exceed five years. Once a	76995
board of county commissioners creates suchany additional	76996
memberships, it may not create further additional memberships	76997
under this section if the total number of such memberships would	76998
exceed six. The board shall appoint persons who are residents of	76999
the county and who are honorably discharged or honorably separated	77000
veterans to each of the additional memberships, for terms	77001
prescribed by the board and commencing on a date fixed by the	77002
board. Each person appointed to an additional membership shall	77003
file, within sixty days after the date of the appointment, the	77004
person's form DD214 with the governor's office of veterans affairs	77005
in accordance with guidelines established by the director of that	77006
office.	77007

(2) If the board of county commissioners appoints such	77008
additional members as described in division (B)(1) of this	77009
section, the board may permit the commission to submit an original	77010
or revised budget request for the ensuing fiscal year later than	77011
the last Monday in May, as otherwise required under section	77012
5901.11 of the Revised Code.	77013

(C) The board of county commissioners may remove, for cause,	77014
any member appointed under this section;. The board shall provide	77015
fordetermine whether suchthe additional members may be	77016
reappointed upon the expiration of their terms;, and shall fill	77017
any vacancy in aan additional membership appointed under this	77018
section for the unexpired term in the manner provided for the	77019
original appointment.	77020

Sec. 6101.09.  Within thirty days after the conservancy	77021
district has been declared a corporation by the court, the clerk	77022
of such court shall transmit to the secretary of state, to the	77023
director of the department of natural resources, and to the county	77024
recorder in each of the counties having lands in the district,	77025
copies of the findings and the decree of the court incorporating	77026
the district. The same shall be filed and recorded in the office	77027
of the secretary of state in the same manner as articles of	77028
incorporation are required to be filed and recorded under the	77029
general law concerning corporations. Copies shall also be filed	77030
and become permanent records in the office of the recorder of each	77031
county in which a part of the district lies. Each recorder shall	77032
receive a base fee of one dollar for filing and preserving such	77033
copies and a housing trust fund fee of one dollar pursuant to	77034
section 317.36 of the Revised Code, and the secretary of state	77035
shall receive for filing and for recording the copies a fee of	77036
twenty-five dollars.	77037

Sec. 6103.02.  (A) For the purpose of preserving and	77038
promoting the public health and welfare, a board of county	77039
commissioners may acquire, construct, maintain, and operate any	77040
public water supply facilities within its county for one or more	77041
sewer districts and may provide for their protection and prevent	77042
their pollution and unnecessary waste. The board may negotiate and	77043
enter into a contract with any public agency or any person for the	77044
management, maintenance, operation, and repair of the facilities	77045
on behalf of the county, upon the terms and conditions as may be	77046
agreed upon with the agency or person and as may be determined by	77047
the board to be in the interests of the county. By contract with	77048
any public agency or any person operating public water supply	77049
facilities within or without its county, the board also may	77050
provide a supply of water to a sewer district from the facilities	77051
of the public agency or person.	77052

(B) The county sanitary engineer or sanitary engineering	77053
department, in addition to other assigned duties, shall assist the	77054
board in the performance of its duties under this chapter and	77055
shall be charged with other duties and services in relation to the	77056
board's duties as the board prescribes.	77057

(C) The board may adopt, publish, administer, and enforce	77058
rules for the construction, maintenance, protection, and use of	77059
county-owned or county-operated public water supply facilities	77060
outside municipal corporations and of public water supply	77061
facilities within municipal corporations that are owned or	77062
operated by the county or that are supplied with water from water	77063
supply facilities owned or operated by the county, including, but	77064
not limited to, rules for the establishment and use of any	77065
connections, the termination in accordance with reasonable	77066
procedures of water service for nonpayment of county water rates	77067
and charges, and the establishment and use of security deposits to	77068
the extent considered necessary to ensure the payment of county	77069
water rates and charges. The rules shall not be inconsistent with	77070
the laws of the state or any applicable rules of the director of	77071
environmental protection.	77072

(D) No public water supply facilities shall be constructed in	77073
any county outside municipal corporations by any person, except	77074
for the purpose of supplying water to those municipal	77075
corporations, until the plans and specifications for the	77076
facilities have been approved by the board. Construction shall be	77077
done under the supervision of the county sanitary engineer. Any	77078
person constructing public water supply facilities shall pay to	77079
the county all expenses incurred by the board in connection with	77080
the construction.	77081

(E) The county sanitary engineer or the county sanitary	77082
engineer's authorized assistants or agents, when properly	77083
identified in writing or otherwise and after written notice is	77084
delivered to the owner at least five days in advance or mailed at	77085
least five days in advance by first class or certified mail to the	77086
owner's tax mailing address, may enter upon any public or private	77087
property for the purpose of making, and may make, surveys or	77088
inspections necessary for the design or evaluation of county	77089
public water supply facilities. This entry is not a trespass and	77090
is not to be considered an entry in connection with any	77091
appropriation of property proceedings under sections 163.01 to	77092
163.22 of the Revised Code that may be pending. No person or	77093
public agency shall forbid the county sanitary engineer or the	77094
county sanitary engineer's authorized assistants or agents to	77095
enter, or interfere with their entry, upon the property for the	77096
purpose of making the surveys or inspections. If actual damage is	77097
done to property by the making of the surveys or inspections, the	77098
board shall pay the reasonable value of the damage to the property	77099
owner, and the cost shall be included in the cost of the	77100
facilities and may be included in any special assessments levied	77101
and collected to pay that cost.	77102

(F) The board shall fix reasonable rates, including penalties	77103
for late payments, for water supplied to public agencies and	77104
persons when the source of supply or the facilities for its	77105
distribution are owned or operated by the county and may change	77106
the rates from time to time as it considers advisable. When the	77107
source of the water supply to be used by the county is owned by	77108
another public agency or person, the schedule of rates to be	77109
charged by the public agency or person shall be approved by the	77110
board at the time it enters into a contract for the use of water	77111
from the public agency or person. When the distribution facilities	77112
are owned by the county, the board also may fix reasonable charges	77113
to be collected for the privilege of connecting to the	77114
distribution facilities and may require that, prior to the	77115
connection, the charges be paid in full or, if determined by the	77116
board to be equitable in a resolution relating to the payment of	77117
the charges, may require their payment in installments, as	77118
considered adequate by the board, at the times, in the amounts,	77119
and with the security, carrying charges, and penalties as may be	77120
determined by the board in that resolution to be fair and	77121
appropriate. No public agency or person shall be permitted to	77122
connect to those facilities until the charges have been paid in	77123
full or provision for their payment in installments has been made.	77124
If the connection charges are to be paid in installments, the	77125
board shall certify, to the county auditor, information sufficient	77126
to identify each parcel of property served by a connection and,	77127
with respect to each parcel, the total of the charges to be paid	77128
in installments, the amount of each installment, and the total	77129
number of installments to be paid. The county auditor shall record	77130
and maintain the information so supplied in the waterworks record	77131
provided for in section 6103.16 of the Revised Code until the	77132
connection charges are paid in full. The board may include amounts	77133
attributable to connection charges being paid in installments in	77134
its billings of rates and other charges for water supplied. In	77135
addition, the board may consider payments made to a school	77136
district under section 6103.25 of the Revised Code when the board	77137
establishes rates and other charges for water supplied.	77138

(G) When any rates or charges are not paid when due, the	77139
board may do any or all of the following:	77140

(1) Certify the unpaid rates or charges, together with any	77141
penalties, to the county auditor. The county auditor shall place	77142
the certified amount upon the real property tax list and duplicate	77143
against the property served by the connection. The certified	77144
amount shall be a lien on the property from the date placed on the	77145
real property tax list and duplicate and shall be collected in the	77146
same manner as taxes, except that, notwithstanding section 323.15	77147
of the Revised Code, a county treasurer shall accept a payment in	77148
that amount when separately tendered as payment for the full	77149
amount of the unpaid rates or charges and associated penalties.	77150
The lien shall be released immediately upon payment in full of the	77151
certified amount.	77152

(2) Collect the unpaid rates or charges, together with any	77153
penalties, by actions at law in the name of the county from an	77154
owner, tenant, or other person or public agency that is liable for	77155
the payment of the rates or charges;	77156

(3) Terminate, in accordance with established rules, the	77157
water service to the particular property unless and until the	77158
unpaid rates or charges, together with any penalties, are paid in	77159
full;	77160

(4) Apply, to the extent required, any security deposit made	77161
in accordance with established rules to the payment of the unpaid	77162
rates and charges, together with any penalties, for water service	77163
to the particular property.	77164

All moneys collected as rates, charges, or penalties fixed or	77165
established in accordance with division (F) of this section for	77166
water supply purposes in or for any sewer district shall be paid	77167
to the county treasurer and kept in a separate and distinct water	77168
fund established by the board to the credit of the district.	77169

Each board that fixes water rates or charges may render	77170
estimated bills periodically, provided that at least quarterly it	77171
shall schedule an actual reading of each customer's meter so as to	77172
render a bill for the actual amount shown by the meter reading to	77173
be due, with credit for prior payments of any estimated bills	77174
submitted for any part of the billing period, except that	77175
estimated bills may be rendered if a customer's meter is not	77176
accessible for a timely reading or if the circumstances preclude a	77177
scheduled reading. Each board also shall establish procedures	77178
providing a fair and reasonable opportunity for the resolution of	77179
billing disputes.	77180

When property to which water service is provided is about to	77181
be sold, any party to the sale or an agent of a party may request	77182
the board to have the meter at that property read and to render,	77183
within ten days following the date on which the request is made, a	77184
final bill for all outstanding rates and charges for water	77185
service. The request shall be made at least fourteen days prior to	77186
the transfer of the title of the property.	77187

At any time prior to a certification under division (G)(1) of	77188
this section, the board shall accept any partial payment of unpaid	77189
water rates or charges in the amount of ten dollars or more.	77190

Except as otherwise provided in any proceedings authorizing	77191
or providing for the security for and payment of any public	77192
obligations, or in any indenture or trust or other agreement	77193
securing public obligations, moneys in the water fund shall be	77194
applied first to the payment of the cost of the management,	77195
maintenance, and operation of the water supply facilities of, or	77196
used or operated for, the sewer district, which cost may include	77197
the county's share of management, maintenance, and operation costs	77198
under cooperative contracts for the acquisition, construction, or	77199
use of water supply facilities and, in accordance with a cost	77200
allocation plan adopted under division (H) of this section,	77201
payment of all allowable direct and indirect costs of the	77202
district, the county sanitary engineer or sanitary engineering	77203
department, or a federal or state grant program, incurred for the	77204
purposes of this chapter, and shall be applied second to the	77205
payment of debt charges payable on any outstanding public	77206
obligations issued or incurred for the acquisition or construction	77207
of water supply facilities for or serving the district, or for the	77208
funding of a bond retirement or other fund established for the	77209
payment of or security for the obligations. Any surplus remaining	77210
may be applied to the acquisition or construction of those	77211
facilities or for the payment of contributions to be made, or	77212
costs incurred, for the acquisition or construction of those	77213
facilities under cooperative contracts. Moneys in the water fund	77214
shall not be expended other than for the use and benefit of the	77215
district.	77216

(H) A board of county commissioners may adopt a cost	77217
allocation plan that identifies, accumulates, and distributes	77218
allowable direct and indirect costs that may be paid from the	77219
water fund of the sewer district created pursuant to division (G)	77220
of this section, and that prescribes methods for allocating those	77221
costs. The plan shall authorize payment from the fund of only	77222
those costs incurred by the district, the county sanitary engineer	77223
or sanitary engineering department, or a federal or state grant	77224
program, and those costs incurred by the general and other funds	77225
of the county for a common or joint purpose, that are necessary	77226
and reasonable for the proper and efficient administration of the	77227
district under this chapter. The plan shall not authorize payment	77228
from the fund of any general government expense required to carry	77229
out the overall governmental responsibilities of a county. The	77230
plan shall conform to United States office of management and	77231
budget Circular A-87, "Cost Principles for State, Local, and	77232
Indian Tribal Governments," published May 17, 1995.	77233

(I) A board of county commissioners shall not construct a	77234
public water supply facility that is within the boundaries of a	77235
regional water and sewer district established under Chapter 6119.	77236
of the Revised Code and that is within one thousand feet of a	77237
water resource project that is owned or operated by the district	77238
if the project is financed in whole or in part by obligations	77239
issued under Chapter 133., 6119., or 6121. of the Revised Code or	77240
by obligations issued by the state unless the facility is for the	77241
sole purpose of increasing water pressure in water transmission	77242
lines owned or operated by the board and will not be used to sell	77243
or otherwise provide water to customers to which the district	77244
supplies or may supply water from an existing water resource	77245
project or unless the district gives consent to the construction	77246
by adopting a resolution.	77247

Sec. 6109.21.  (A) Except as provided in divisions (D) and	77248
(E) of this section, on and after January 1, 1994, no person shall	77249
operate or maintain a public water system in this state without a	77250
license issued by the director of environmental protection. A	77251
person who operates or maintains a public water system on January	77252
1, 1994, shall obtain an initial license under this section in	77253
accordance with the following schedule:	77254

(1) If the public water system is a community water system,	77255
not later than January 31, 1994;	77256

(2) If the public water system is not a community water	77257
system and serves a nontransient population, not later than	77258
January 31, 1994;	77259

(3) If the public water system is not a community water	77260
system and serves a transient population, not later than January	77261
31, 1995.	77262

A person proposing to operate or maintain a new public water	77263
system after January 1, 1994, in addition to complying with	77264
section 6109.07 of the Revised Code and rules adopted under it,	77265
shall submit an application for an initial license under this	77266
section to the director prior to commencing operation of the	77267
system.	77268

A license or license renewal issued under this section shall	77269
be renewed annually. Such a license or license renewal shall	77270
expire on the thirtieth day of January in the year following its	77271
issuance. A license holder that proposes to continue operating the	77272
public water system for which the license or license renewal was	77273
issued shall apply for a license renewal at least thirty days	77274
prior to that expiration date.	77275

The director shall adopt, and may amend and rescind, rules in	77276
accordance with Chapter 119. of the Revised Code establishing	77277
procedures governing and information to be included on	77278
applications for licenses and license renewals under this section.	77279
Through June 30, 20042006, each application shall be accompanied	77280
by the appropriate fee established under division (M) of section	77281
3745.11 of the Revised Code, provided that an applicant for an	77282
initial license who is proposing to operate or maintain a new	77283
public water system after January 1, 1994, shall submit a fee that	77284
equals a prorated amount of the appropriate fee established under	77285
that division for the remainder of the licensing year.	77286

(B) Not later than thirty days after receiving a completed	77287
application and the appropriate license fee for an initial license	77288
under division (A) of this section, the director shall issue the	77289
license for the public water system. Not later than thirty days	77290
after receiving a completed application and the appropriate	77291
license fee for a license renewal under division (A) of this	77292
section, the director shall do one of the following:	77293

(1) Issue the license renewal for the public water system;

77294

(2) Issue the license renewal subject to terms and conditions	77295
that the director determines are necessary to ensure compliance	77296
with this chapter and rules adopted under it;	77297

(3) Deny the license renewal if the director finds that the	77298
public water system was not operated in substantial compliance	77299
with this chapter and rules adopted under it.	77300

(C) The director may suspend or revoke a license or license	77301
renewal issued under this section if the director finds that the	77302
public water system was not operated in substantial compliance	77303
with this chapter and rules adopted under it. The director shall	77304
adopt, and may amend and rescind, rules in accordance with Chapter	77305
119. of the Revised Code governing such suspensions and	77306
revocations.	77307

(D)(1) As used in division (D) of this section, "church"	77308
means a fellowship of believers, congregation, society,	77309
corporation, convention, or association that is formed primarily	77310
or exclusively for religious purposes and that is not formed or	77311
operated for the private profit of any person.	77312

(2) This section does not apply to a church that operates or	77313
maintains a public water system solely to provide water for that	77314
church or for a campground that is owned by the church and	77315
operated primarily or exclusively for members of the church and	77316
their families. A church that, on or before March 5, 1996, has	77317
obtained a license under this section for such a public water	77318
system need not obtain a license renewal under this section.	77319

(E) This section does not apply to any public or nonpublic	77320
school that meets minimum standards of the state board of	77321
education that operates or maintains a public water system solely	77322
to provide water for that school.	77323

Sec. 6111.06.  (A) All proceedings of the director of	77324
environmental protection, or hisof the director's officers or	77325
agents, under sections 6111.01 to 6111.08 and sections 6111.31 to	77326
6111.38 of the Revised Code, including the adoption, issuance,	77327
modification, rescission, or revocation of rules and regulations,	77328
permits, orders, and notices, and the conduct of hearings, except	77329
standards of water quality adopted pursuant to section 6111.041 of	77330
the Revised Code, shall be subject to and governed by sections	77331
119.01 to 119.13, and Chapter 3745. of the Revised Code.	77332

(B) The director shall not refuse to issue a permit, nor	77333
modify or revoke a permit already issued, unless the applicant or	77334
permit holder has been afforded an opportunity for a hearing prior	77335
to the refusal to issue the permit or prior to the modification or	77336
revocation of the permit.	77337

(C) Whenever the director officially determines that an	77338
emergency exists requiring immediate action to protect the public	77339
health or welfare, hethe director may, without notice or hearing,	77340
issue an order reciting the existence of the emergency and	77341
requiring that such action be taken as is necessary to meet the	77342
emergency. Notwithstanding division (A) of this section, such	77343
order shall be effective immediately. Any person to whom such	77344
order is directed shall comply therewith immediately, but on	77345
application to the director shall be afforded a hearing as soon as	77346
possible, and not later than twenty days after such application.	77347
On the basis of such hearing, the director shall continue such	77348
order in effect, revoke it, or modify it. No such emergency order	77349
shall remain in effect for more than sixty days after its	77350
issuance.	77351

Sec. 6115.09.  Within thirty days after the sanitary district	77352
has been declared a corporation by the court, the clerk of such	77353
court shall transmit to the secretary of state, and to the county	77354
recorder in each of the counties having lands in said district,	77355
copies of the findings and the decree of the court incorporating	77356
said district. The same shall be filed and recorded in the office	77357
of the secretary of state in the same manner as articles of	77358
incorporation are required to be filed and recorded under the	77359
general law concerning corporations. Copies shall also be filed	77360
and become permanent records in the office of the recorder of each	77361
county in which a part of the district lies. Each recorder shall	77362
receive a base fee of one dollar for filing and preserving such	77363
copies and a housing trust fund fee of one dollar pursuant to	77364
section 317.36 of the Revised Code, and the secretary of state	77365
shall receive for filing and for recording said copies such fees	77366
as are provided by law for like services in similar cases.	77367

Sec. 6117.02.  (A) The board of county commissioners shall	77368
fix reasonable rates, including penalties for late payments, for	77369
the use, or the availability for use, of the sanitary facilities	77370
of a sewer district to be paid by every person and public agency	77371
whose premises are served, or capable of being served, by a	77372
connection directly or indirectly to those facilities when those	77373
facilities are owned or operated by the county and may change the	77374
rates from time to time as it considers advisable. When the	77375
sanitary facilities to be used by the county are owned by another	77376
public agency or person, the schedule of rates to be charged by	77377
the public agency or person for the use of the facilities by the	77378
county, or the formula or other procedure for their determination,	77379
shall be approved by the board at the time it enters into a	77380
contract for that use.	77381

(B) The board also shall establish reasonable charges to be	77382
collected for the privilege of connecting to the sanitary	77383
facilities of the district, with the requirement that, prior to	77384
the connection, the charges shall be paid in full, or, if	77385
determined by the board to be equitable in a resolution relating	77386
to the payment of the charges, provision considered adequate by	77387
the board shall be made for their payment in installments at the	77388
times, in the amounts, and with the security, carrying charges,	77389
and penalties as may be found by the board in that resolution to	77390
be fair and appropriate. No public agency or person shall be	77391
permitted to connect to those facilities until the charges have	77392
been paid in full or provision for their payment in installments	77393
has been made. If the connection charges are to be paid in	77394
installments, the board shall certify to the county auditor	77395
information sufficient to identify each parcel of property served	77396
by a connection and, with respect to each parcel, the total of the	77397
charges to be paid in installments, the amount of each	77398
installment, and the total number of installments to be paid. The	77399
auditor shall record and maintain the information supplied in the	77400
sewer improvement record provided for in section 6117.33 of the	77401
Revised Code until the connection charges are paid in full. The	77402
board may include amounts attributable to connection charges being	77403
paid in installments in its billings of rates and charges for the	77404
use of sanitary facilities.	77405

(C) When any of the sanitary rates or charges are not paid	77406
when due, the board may do any or all of the following as it	77407
considers appropriate:	77408

(1) Certify the unpaid rates or charges, together with any	77409
penalties, to the county auditor, who shall place them upon the	77410
real property tax list and duplicate against the property served	77411
by the connection. The certified amount shall be a lien on the	77412
property from the date placed on the real property tax list and	77413
duplicate and shall be collected in the same manner as taxes,	77414
except that, notwithstanding section 323.15 of the Revised Code, a	77415
county treasurer shall accept a payment in that amount when	77416
separately tendered as payment for the full amount of the unpaid	77417
sanitary rates or charges and associated penalties. The lien shall	77418
be released immediately upon payment in full of the certified	77419
amount.	77420

(2) Collect the unpaid rates or charges, together with any	77421
penalties, by actions at law in the name of the county from an	77422
owner, tenant, or other person or public agency that is liable for	77423
the payment of the rates or charges;	77424

(3) Terminate, in accordance with established rules, the	77425
sanitary service to the particular property and, if so determined,	77426
any county water service to that property, unless and until the	77427
unpaid sanitary rates or charges, together with any penalties, are	77428
paid in full;	77429

(4) Apply, to the extent required, any security deposit made	77430
in accordance with established rules to the payment of sanitary	77431
rates and charges for service to the particular property.	77432

All moneys collected as sanitary rates, charges, or penalties	77433
fixed or established in accordance with divisions (A) and (B) of	77434
this section for any sewer district shall be paid to the county	77435
treasurer and kept in a separate and distinct sanitary fund	77436
established by the board to the credit of the district. Except as	77437
otherwise provided in any proceedings authorizing or providing for	77438
the security for and payment of any public obligations, or in any	77439
indenture or trust or other agreement securing public obligations,	77440
moneys in the sanitary fund shall be applied first to the payment	77441
of the cost of the management, maintenance, and operation of the	77442
sanitary facilities of, or used or operated for, the district,	77443
which cost may include the county's share of management,	77444
maintenance, and operation costs under cooperative contracts for	77445
the acquisition, construction, or use of sanitary facilities and,	77446
in accordance with a cost allocation plan adopted under division	77447
(E) of this section, payment of all allowable direct and indirect	77448
costs of the district, the county sanitary engineer or sanitary	77449
engineering department, or a federal or state grant program,	77450
incurred for sanitary purposes under this chapter, and shall be	77451
applied second to the payment of debt charges payable on any	77452
outstanding public obligations issued or incurred for the	77453
acquisition or construction of sanitary facilities for or serving	77454
the district, or for the funding of a bond retirement or other	77455
fund established for the payment of or security for the	77456
obligations. Any surplus remaining may be applied to the	77457
acquisition or construction of those facilities or for the payment	77458
of contributions to be made, or costs incurred, for the	77459
acquisition or construction of those facilities under cooperative	77460
contracts. Moneys in the sanitary fund shall not be expended other	77461
than for the use and benefit of the district.	77462

(D) The board may fix reasonable rates and charges, including	77463
connection charges and penalties for late payments, to be paid by	77464
any person or public agency owning or having possession or control	77465
of any properties that are connected with, capable of being served	77466
by, or otherwise served directly or indirectly by, drainage	77467
facilities owned or operated by or under the jurisdiction of the	77468
county, including, but not limited to, properties requiring, or	77469
lying within an area of the district requiring, in the judgment of	77470
the board, the collection, control, or abatement of waters	77471
originating or accumulating in, or flowing in, into, or through,	77472
the district, and may change those rates and charges from time to	77473
time as it considers advisable. TheIn addition, the board may fix	77474
the rates and charges in order to pay the costs of complying with	77475
the requirements of phase II of the storm water program of the	77476
national pollutant discharge elimination system established in 40	77477
C.F.R. part 122.	77478

The rates and charges shall be payable periodically as	77479
determined by the board, except that any connection charges shall	77480
be paid in full in one payment, or, if determined by the board to	77481
be equitable in a resolution relating to the payment of those	77482
charges, provision considered adequate by the board shall be made	77483
for their payment in installments at the times, in the amounts,	77484
and with the security, carrying charges, and penalties as may be	77485
found by the board in that resolution to be fair and appropriate.	77486
The board may include amounts attributable to connection charges	77487
being paid in installments in its billings of rates and charges	77488
for the services provided by the drainage facilities. In the case	77489
of rates and charges that are fixed in order to pay the costs of	77490
complying with the requirements of phase II of the storm water	77491
program of the national pollutant discharge elimination system	77492
established in 40 C.F.R. part 122, the rates and charges may be	77493
paid annually or semiannually with real property taxes, provided	77494
that the board certifies to the county auditor information that is	77495
sufficient for the auditor to identify each parcel of property for	77496
which a rate or charge is levied and the amount of the rate or	77497
charge.	77498

When any of the drainage rates or charges are not paid when	77499
due, the board may do any or all of the following as it considers	77500
appropriate:	77501

(1) Certify the unpaid rates or charges, together with any	77502
penalties, to the county auditor, who shall place them upon the	77503
real property tax list and duplicate against the property to which	77504
the rates or charges apply. The certified amount shall be a lien	77505
on the property from the date placed on the real property tax list	77506
and duplicate and shall be collected in the same manner as taxes,	77507
except that notwithstanding section 323.15 of the Revised Code, a	77508
county treasurer shall accept a payment in that amount when	77509
separately tendered as payment for the full amount of the unpaid	77510
drainage rates or charges and associated penalties. The lien shall	77511
be released immediately upon payment in full of the certified	77512
amount.	77513

(2) Collect the unpaid rates or charges, together with any	77514
penalties, by actions at law in the name of the county from an	77515
owner, tenant, or other person or public agency that is liable for	77516
the payment of the rates or charges;	77517

(3) Terminate, in accordance with established rules, the	77518
drainage service for the particular property until the unpaid	77519
rates or charges, together with any penalties, are paid in full;	77520

(4) Apply, to the extent required, any security deposit made	77521
in accordance with established rules to the payment of drainage	77522
rates and charges applicable to the particular property.	77523

All moneys collected as drainage rates, charges, or penalties	77524
in or for any sewer district shall be paid to the county treasurer	77525
and kept in a separate and distinct drainage fund established by	77526
the board to the credit of the district. Except as otherwise	77527
provided in any proceedings authorizing or providing for the	77528
security for and payment of any public obligations, or in any	77529
indenture or trust or other agreement securing public obligations,	77530
moneys in the drainage fund shall be applied first to the payment	77531
of the cost of the management, maintenance, and operation of the	77532
drainage facilities of, or used or operated for, the district,	77533
which cost may include the county's share of management,	77534
maintenance, and operation costs under cooperative contracts for	77535
the acquisition, construction, or use of drainage facilities and,	77536
in accordance with a cost allocation plan adopted under division	77537
(E) of this section, payment of all allowable direct and indirect	77538
costs of the district, the county sanitary engineer or sanitary	77539
engineering department, or a federal or state grant program,	77540
incurred for drainage purposes under this chapter, and shall be	77541
applied second to the payment of debt charges payable on any	77542
outstanding public obligations issued or incurred for the	77543
acquisition or construction of drainage facilities for or serving	77544
the district, or for the funding of a bond retirement or other	77545
fund established for the payment of or security for the	77546
obligations. Any surplus remaining may be applied to the	77547
acquisition or construction of those facilities or for the payment	77548
of contributions to be made, or costs incurred, for the	77549
acquisition or construction of those facilities under cooperative	77550
contracts. Moneys in the drainage fund shall not be expended other	77551
than for the use and benefit of the district.	77552

(E) A board of county commissioners may adopt a cost	77553
allocation plan that identifies, accumulates, and distributes	77554
allowable direct and indirect costs that may be paid from each of	77555
the funds of the district created pursuant to divisions (C) and	77556
(D) of this section, and that prescribes methods for allocating	77557
those costs. The plan shall authorize payment from each of those	77558
funds of only those costs incurred by the district, the county	77559
sanitary engineer or sanitary engineering department, or a federal	77560
or state grant program, and those costs incurred by the general	77561
and other funds of the county for a common or joint purpose, that	77562
are necessary and reasonable for the proper and efficient	77563
administration of the district under this chapter and properly	77564
attributable to the particular fund of the district. The plan	77565
shall not authorize payment from either of the funds of any	77566
general government expense required to carry out the overall	77567
governmental responsibilities of a county. The plan shall conform	77568
to United States office of management and budget Circular A-87,	77569
"Cost Principles for State, Local, and Indian Tribal Governments,"	77570
published May 17, 1995.	77571

Sec. 6119.06.  Upon the declaration of the court of common	77572
pleas organizing the regional water and sewer district pursuant to	77573
section 6119.04 of the Revised Code and upon the qualifying of its	77574
board of trustees and the election of a president and a secretary,	77575
said district shall exercise in its own name all the rights,	77576
powers, and duties vested in it by Chapter 6119. of the Revised	77577
Code, and, subject to such reservations, limitations and	77578
qualifications as are set forth in this Chapter, such district	77579
may:	77580

(A) Adopt bylaws for the regulation of its affairs, the	77581
conduct of its business, and notice of its actions;	77582

(B) Adopt an official seal;

77583

(C) Maintain a principal office and suboffices at such places	77584
within the district as it designates;	77585

(D) Sue and plead in its own name; be sued and impleaded in	77586
its own name with respect to its contracts or torts of its	77587
members, employees, or agents acting within the scope of their	77588
employment, or to enforce its obligations and covenants made under	77589
sections 6119.09, 6119.12, and 6119.14 of the Revised Code. Any	77590
such actions against the district shall be brought in the court of	77591
common pleas of the county in which the principal office of the	77592
district is located, or in the court of common pleas of the county	77593
in which the cause of action arose, and all summonses, exceptions,	77594
and notices of every kind shall be served on the district by	77595
leaving a copy thereof at the principal office with the person in	77596
charge thereof or with the secretary of the district;.	77597

(E) Assume any liability or obligation of any person or	77598
political subdivision, including a right on the part of such	77599
district to indemnify and save harmless the other contracting	77600
party from any loss, cost, or liability by reason of the failure,	77601
refusal, neglect, or omission of such district to perform any	77602
agreement assumed by it or to act or discharge any such	77603
obligation;	77604

(F) Make loans and grants to political subdivisions for the	77605
acquisition or construction of water resource projects by such	77606
political subdivisions and adopt rules, regulations, and	77607
procedures for making such loans and grants;	77608

(G) Acquire, construct, reconstruct, enlarge, improve,	77609
furnish, equip, maintain, repair, operate, lease or rent to or	77610
from, or contract for operation by or for, a political subdivision	77611
or person, water resource projects within or without the district,	77612
except that no water resource project shall be constructed within	77613
one thousand feet of a water supply facility that is owned or	77614
operated by a municipal corporation or a board of county	77615
commissioners pursuant to Chapter 6103. of the Revised Code if the	77616
facility is financed in whole or in part by obligations issued	77617
under Chapter 133., 6103., or 6121. of the Revised Code or by	77618
obligations issued by the state unless the project is for the sole	77619
purpose of increasing water pressure in water transmission lines	77620
owned or operated by the district and will not be used to sell or	77621
otherwise provide water to customers to which the municipal	77622
corporation or county supplies or may supply water from an	77623
existing water supply facility or unless the municipal corporation	77624
or the county, as applicable, gives consent to the construction by	77625
adopting an ordinance or a resolution;	77626

(H) Make available the use or service of any water resource	77627
project to one or more persons, one or more political	77628
subdivisions, or any combination thereof;	77629

(I) Levy and collect taxes and special assessments;

77630

(J) Issue bonds and notes and refunding bonds and notes as	77631
provided in Chapter 6119. of the Revised Code;	77632

(K) Acquire by gift or purchase, hold, and dispose of real	77633
and personal property in the exercise of its powers and the	77634
performance of its duties under Chapter 6119. of the Revised Code;	77635

(L) Dispose of, by public or private sale, or lease any real	77636
or personal property determined by the board of trustees to be no	77637
longer necessary or needed for the operation or purposes of the	77638
district;	77639

(M) Acquire, in the name of the district, by purchase or	77640
otherwise, on such terms and in such manner as it considers	77641
proper, or by the exercise of the right of condemnation in the	77642
manner provided by section 6119.11 of the Revised Code, such	77643
public or private lands, including public parks, playgrounds, or	77644
reservations, or parts thereof or rights therein, rights-of-way,	77645
property, rights, easements, and interests as it considers	77646
necessary for carrying out Chapter 6119. of the Revised Code, but	77647
excluding the acquisition by the exercise of the right of	77648
condemnation of any waste water facility or water management	77649
facility owned by any person or political subdivision, and	77650
compensation shall be paid for public or private lands so taken;	77651

(N) Adopt rules and regulations to protect augmented flow by	77652
the district in waters of the state, to the extent augmented by a	77653
water resource project, from depletion so it will be available for	77654
beneficial use, to provide standards for the withdrawal from	77655
waters of the state of the augmented flow created by a water	77656
resource project which is not returned to the waters of the state	77657
so augmented, and to establish reasonable charges therefor, if	77658
considered necessary by the district;	77659

(O) Make and enter into all contracts and agreements and	77660
execute all instruments necessary or incidental to the performance	77661
of its duties and the execution of its powers under Chapter 6119.	77662
of the Revised Code;	77663

(P) Enter into contracts with any person or any political	77664
subdivision to render services to such contracting party for any	77665
service the district is authorized to provide;	77666

(Q) Make provision for, contract for, or sell any of its	77667
by-products or waste;	77668

(R) Exercise the power of eminent domain in the manner	77669
provided in Chapter 6119. of the Revised Code;	77670

(S) Remove or change the location of any fence, building,	77671
railroad, canal, or other structure or improvement located in or	77672
out of the district, and in case it is not feasible or economical	77673
to move any such building, structure, or improvement situated in	77674
or upon lands required, and if the cost is determined by the board	77675
to be less than that of purchase or condemnation, to acquire land	77676
and construct, acquire, or install therein or thereon buildings,	77677
structures, or improvements similar in purpose, to be exchanged	77678
for such buildings, structures, or improvements under contracts	77679
entered into between the owner thereof and the district;	77680

(T) Receive and accept, from any federal or state agency,	77681
grants for or in aid of the construction of any water resource	77682
project, and receive and accept aid or contributions from any	77683
source of money, property, labor, or other things of value, to be	77684
held, used, and applied only for the purposes for which such	77685
grants and contributions are made;	77686

(U) Purchase fire and extended coverage and liability	77687
insurance for any water resource project and for the principal	77688
office and suboffices of the district, insurance protecting the	77689
district and its officers and employees against liability for	77690
damage to property or injury to or death of persons arising from	77691
its operations, and any other insurance the district may agree to	77692
provide under any resolution authorizing its water resource	77693
revenue bonds or in any trust agreement securing the same;	77694

(V) Charge, alter, and collect rentals and other charges for	77695
the use of services of any water resource project as provided in	77696
section 6119.09 of the Revised Code. Such district may refuse the	77697
services of any of its projects if any of such rentals or other	77698
charges, including penalties for late payment, are not paid by the	77699
user thereof, and, if such rentals or other charges are not paid	77700
when due and upon certification of nonpayment to the county	77701
auditor, such rentals or other charges constitute a lien upon the	77702
property so served, shall be placed by himthe auditor upon the	77703
real property tax list and duplicate, and shall be collected in	77704
the same manner as other taxes;.	77705

(W) Provide coverage for its employees under Chapters 145.,	77706
4123., and 4141. of the Revised Code;	77707

(X) Merge or combine with any other regional water and sewer	77708
district into a single district, which shall be one of the	77709
constituent districts, on terms so that the surviving district	77710
shall be possessed of all rights, capacity, privileges, powers,	77711
franchises, and authority of the constituent districts and shall	77712
be subject to all the liabilities, obligations, and duties of each	77713
of the constituent districts and all rights of creditors of such	77714
constituent districts shall be preserved unimpaired, limited in	77715
lien to the property affected by such liens immediately prior to	77716
the time of the merger and all debts, liabilities, and duties of	77717
the respective constituent districts shall thereafter attach to	77718
the surviving district and may be enforced against it, and such	77719
other terms as are agreed upon, provided two-thirds of the members	77720
of each of the boards consent to such merger or combination. Such	77721
merger or combination shall become legally effective unless, prior	77722
to the ninetieth day following the later of the consents,	77723
qualified electors residing in either district equal in number to	77724
a majority of the qualified electors voting at the last general	77725
election in such district file with the secretary of the board of	77726
trustees of their regional water and sewer district a petition of	77727
remonstrance against such merger or combination. The secretary	77728
shall cause the board of elections of the proper county or	77729
counties to check the sufficiency of the signatures on such	77730
petition.	77731

(Y) Exercise the powers of the district without obtaining the	77732
consent of any other political subdivision, provided that all	77733
public or private property damaged or destroyed in carrying out	77734
the powers of the district shall be restored or repaired and	77735
placed in its original condition as nearly as practicable or	77736
adequate compensation made therefor by the district;	77737

(Z) Require the owner of any premises located within the	77738
district to connect histhe owner's premises to a water resource	77739
project determined to be accessible to such premises and found to	77740
require such connection so as to prevent or abate pollution or	77741
protect the health and property of persons in the district. Such	77742
connection shall be made in accordance with procedures established	77743
by the board of trustees of such district and pursuant to such	77744
orders as the board may find necessary to ensure and enforce	77745
compliance with such procedures;.	77746

(AA) Do all acts necessary or proper to carry out the powers	77747
granted in Chapter 6119. of the Revised Code.	77748

Sec. 6119.10.  The board of trustees of a regional water and	77749
sewer district or any officer or employee designated by the board	77750
may make any contract for the purchase of supplies or material or	77751
for labor for any work, under the supervision of the board, the	77752
cost of which shall not exceed fifteentwenty-five thousand	77753
dollars. When an expenditure, other than for the acquisition of	77754
real estate and interests in real estate, the discharge of	77755
noncontractual claims, personal services, the joint use of	77756
facilities or the exercise of powers with other political	77757
subdivisions, or the product or services of public utilities,	77758
exceeds fifteentwenty-five thousand dollars, the expenditures	77759
shall be made only after a notice calling for bids has been	77760
published not less than two consecutive weeks in at least one	77761
newspaper having a general circulation within the district. If the	77762
bids are for a contract for the construction, demolition,	77763
alteration, repair, or reconstruction of an improvement, the board	77764
may let the contract to the lowest and best bidder who meets the	77765
requirements of section 153.54 of the Revised Code. If the bids	77766
are for a contract for any other work relating to the improvements	77767
for which a regional water and sewer district was established, the	77768
board of trustees of the regional water and sewer district may let	77769
the contract to the lowest or best bidder who gives a good and	77770
approved bond with ample security conditioned on the carrying out	77771
of the contract. The contract shall be in writing and shall be	77772
accompanied by or shall refer to plans and specifications for the	77773
work to be done, approved by the board. The plans and	77774
specifications shall at all times be made and considered part of	77775
the contract. The contract shall be approved by the board and	77776
signed by its president or other duly authorized officer and by	77777
the contractor. In case of a real and present emergency, the board	77778
of trustees of the district, by two-thirds vote of all members,	77779
may authorize the president or other duly authorized officer to	77780
enter into a contract for work to be done or for the purchase of	77781
supplies or materials without formal bidding or advertising. All	77782
contracts shall have attached the certificate required by section	77783
5705.41 of the Revised Code duly executed by the secretary of the	77784
board of trustees of the district. The district may make	77785
improvements by force account or direct labor, provided that, if	77786
the estimated cost of supplies or material for any such	77787
improvement exceeds fifteentwenty-five thousand dollars, bids	77788
shall be received as provided in this section. For the purposes of	77789
the competitive bidding requirements of this section, the board	77790
shall not sever a contract for supplies or materials and labor	77791
into separate contracts for labor, supplies, or materials if the	77792
contracts are in fact a part of a single contract required to be	77793
bid competitively under this section.	77794

Sec. 6301.05.  The chief elected official of a municipal	77795
corporation that is the type of local area defined in division	77796
(A)(1) of section 6301.01 of the Revised Code or is in the type of	77797
local area defined in division (A)(3) of that section shall enter	77798
into a written partnershipgrant agreement with the director of	77799
job and family services in accordance with section 5101.213	77800
5101.20 of the Revised Code.	77801

The board of county commissioners of a county that is the	77802
type of local area defined in division (A)(2) of section 6301.01	77803
of the Revised Code or is in the type of local area defined in	77804
division (A)(3) of that section shall enter into a written	77805
partnership agreement with the director of job and family services	77806
in accordance with section 5101.21 of the Revised Code.	77807

A grant agreement entered into pursuant to this section shall	77808
include the responsibility of municipal corporations and the board	77809
of county commissioners to be accountable to the department of job	77810
and family services for the use of funds provided through the	77811
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801,	77812
as amended, including regulations issued by the United States	77813
department of labor pursuant to that act.	77814

Sec. 6301.07.  (A) Every workforce policy board, with the	77815
agreement of the chief elected officials of the local area, and	77816
after holding public hearings that allow public comment and	77817
testimony, shall prepare a workforce development plan and	77818
incorporate that plan into and attach that plan to the partnership	77819
agreement required under section 6301.05 of the Revised Code. The	77820
plan shall accomplish all of the following:	77821

(1) Identify the workforce investment needs of businesses in	77822
the local area, identify projected employment opportunities, and	77823
identify the job skills necessary to obtain those opportunities;	77824

(2) Identify the local area's workforce development needs for	77825
youth, dislocated workers, adults, displaced homemakers, incumbent	77826
workers, and any other group of workers identified by the	77827
workforce policy board;	77828

(3) Determine the distribution of workforce development	77829
resources and funding to be distributed for each workforce	77830
development activity to meet the identified needs, utilizing the	77831
funds allocated pursuant to the "Workforce Investment Act of	77832
1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended;	77833

(4) Give priority to youth receiving independent living	77834
services pursuant to sections 2151.81 to 2151.84 of the Revised	77835
Code when determining distribution of workforce development	77836
resources and workforce development activity funding;	77837

(5) Review the minimum curriculum required by the state	77838
workforce policy board for certifying training providers and	77839
identify any additional curriculum requirements to include in	77840
contracts between the training providers and the chief elected	77841
officials of the local area;	77842

(6) Establish performance standards for service providers	77843
that reflect local workforce development needs;	77844

(7) Describe any other information the chief elected	77845
officials of the local area require.	77846

(B) A workforce policy board may provide policy guidance and	77847
recommendations to the chief elected officials of a local area for	77848
any workforce development activities.	77849

(C) Nothing in this section prohibits the chief elected	77850
officials of a local area from assigning, through a partnership	77851
agreement, any duties in addition to the duties under this section	77852
to a workforce policy board, except that a workforce policy board	77853
cannot contract with itself for the direct provision of services	77854
in its local area. A workforce policy board may consult with the	77855
chief elected officials of its local area and make recommendations	77856
regarding the workforce development activities provided in its	77857
local area at any time.	77858

Section 2. That existing sections 9.01, 9.83, 101.34, 101.72,	77859
101.82, 102.02, 109.57, 109.572, 109.71, 117.101, 117.16, 117.44,	77860
117.45, 119.035, 121.04, 121.08, 121.084, 121.41, 121.48, 121.62,	77861
122.011, 122.04, 122.08, 122.17, 122.171, 122.25, 122.651,	77862
122.658, 122.87, 122.88, 123.01, 124.03, 124.15, 124.152, 124.181,	77863
125.15, 125.91, 125.92, 125.93, 125.95, 125.96, 125.98, 127.16,	77864
131.02, 131.23, 131.35, 145.38, 147.01, 147.37, 149.011, 149.30,	77865
149.31, 149.33, 149.331, 149.332, 149.333, 149.34, 149.35, 153.65,	77866
164.27, 165.09, 173.06, 173.061, 173.062, 173.07, 173.071, 173.14,	77867
173.26, 173.54, 175.03, 175.21, 175.22, 183.02, 306.35, 306.99,	77868
307.86, 307.87, 307.93, 307.98, 307.981, 307.987, 311.17, 317.32,	77869
321.24, 323.01, 323.13, 325.31, 329.03, 329.04, 329.05, 329.051,	77870
329.06, 340.021, 340.03, 341.05, 341.25, 504.03, 504.04, 505.376,	77871
507.09, 511.12, 515.01, 515.07, 521.05, 715.013, 718.01, 718.02,	77872
718.05, 718.11, 718.14, 718.15, 718.151, 731.14, 731.141, 735.05,	77873
737.03, 753.22, 901.17, 901.21, 901.22, 901.63, 902.11, 921.151,	77874
927.53, 927.69, 929.01, 955.51, 1309.109, 1317.07, 1321.21,	77875
1333.99, 1337.11, 1346.02, 1501.04, 1503.05, 1513.05, 1515.08,	77876
1519.05, 1521.06, 1521.063, 1531.26, 1533.08, 1533.10, 1533.101,	77877
1533.11, 1533.111, 1533.112, 1533.13, 1533.151, 1533.19, 1533.23,	77878
1533.301, 1533.32, 1533.35, 1533.40, 1533.54, 1533.631, 1533.632,	77879
1533.71, 1533.82, 1541.10, 1563.42, 1702.59, 1711.13, 1711.15,	77880
1711.17, 2101.16, 2117.06, 2117.25, 2133.01, 2151.352, 2151.3529,	77881
2151.3530, 2151.83, 2151.84, 2152.19, 2301.58, 2305.234, 2329.07,	77882
2329.66, 2505.13, 2715.041, 2715.045, 2716.13, 2743.02, 2743.60,	77883
2915.01, 2915.02, 2915.08, 2915.09, 2915.091, 2915.092, 2915.093,	77884
2915.10, 2915.101, 2915.13, 2917.41, 2921.13, 2923.35, 2925.44,	77885
2929.38, 2933.43, 2935.01, 2935.36, 2949.091, 3111.04, 3119.01,	77886
3121.01, 3123.952, 3125.12, 3301.0710, 3301.0711, 3301.0714,	77887
3301.52, 3301.53, 3301.54, 3301.55, 3301.57, 3301.58, 3301.68,	77888
3301.80, 3302.03, 3311.05, 3311.24, 3311.26, 3313.41, 3313.843,	77889
3313.976, 3313.978, 3313.979, 3313.981, 3314.02, 3314.041,	77890
3314.07, 3314.08, 3314.17, 3316.031, 3316.08, 3317.012, 3317.013,	77891
3317.014, 3317.022, 3317.023, 3317.024, 3317.029, 3317.0217,	77892
3317.03, 3317.032, 3317.05, 3317.064, 3317.07, 3317.09, 3317.10,	77893
3317.15, 3317.16, 3318.01, 3318.03, 3318.042, 3318.05, 3318.06,	77894
3318.08, 3318.30, 3318.31, 3318.37, 3318.41, 3319.01, 3319.02,	77895
3319.03, 3319.07, 3319.19, 3319.22, 3319.33, 3319.36, 3323.16,	77896
3327.01, 3327.011, 3329.06, 3329.08, 3332.04, 3333.12, 3353.11,	77897
3361.01, 3375.41, 3377.01, 3377.06, 3383.01, 3383.07, 3501.18,	77898
3501.30, 3503.10, 3505.01, 3505.061, 3505.08, 3505.10, 3517.092,	77899
3701.02, 3701.021, 3701.022, 3701.024, 3701.141, 3701.145,	77900
3701.342, 3701.82, 3701.83, 3701.881, 3701.99, 3702.31, 3702.529,	77901
3702.53, 3702.532, 3702.54, 3702.544, 3702.55, 3702.60, 3702.61,	77902
3702.68, 3702.74, 3705.01, 3705.23, 3705.24, 3709.09, 3710.05,	77903
3710.07, 3711.021, 3721.02, 3721.121, 3721.19, 3721.51, 3721.56,	77904
3722.151, 3733.43, 3733.45, 3734.02, 3734.05, 3734.12, 3734.123,	77905
3734.124, 3734.18, 3734.28, 3734.42, 3734.44, 3734.46, 3734.57,	77906
3735.27, 3735.67, 3735.671, 3737.01, 3737.02, 3737.03, 3737.21,	77907
3737.22, 3737.65, 3737.71, 3737.81, 3737.82, 3737.83, 3737.84,	77908
3737.85, 3737.86, 3737.88, 3737.881, 3737.882, 3737.883, 3737.89,	77909
3737.91, 3737.92, 3737.98, 3741.14, 3743.57, 3743.75, 3745.04,	77910
3745.11, 3745.14, 3745.40, 3746.02, 3746.13, 3747.16, 3748.07,	77911
3748.13, 3769.087, 3770.07, 3770.10, 3770.12, 3770.99, 3773.33,	77912
3773.43, 3781.07, 3781.19, 3901.491, 3901.501, 3901.72, 3901.86,	77913
4104.01, 4104.02, 4104.04, 4104.06, 4104.07, 4104.08, 4104.15,	77914
4104.18, 4104.19, 4104.20, 4104.41, 4104.44, 4104.45, 4104.46,	77915
4105.17, 4112.15, 4115.10, 4117.02, 4117.14, 4123.27, 4123.41,	77916
4141.04, 4141.09, 4141.23, 4301.03, 4301.19, 4303.02, 4303.021,	77917
4303.03, 4303.04, 4303.05, 4303.06, 4303.07, 4303.08, 4303.09,	77918
4303.10, 4303.11, 4303.12, 4303.121, 4303.13, 4303.14, 4303.141,	77919
4303.15, 4303.151, 4303.16, 4303.17, 4303.171, 4303.18, 4303.181,	77920
4303.182, 4303.183, 4303.184, 4303.19, 4303.20, 4303.201,	77921
4303.202, 4303.203, 4303.204, 4303.21, 4303.22, 4303.23, 4303.231,	77922
4501.06, 4503.101, 4503.103, 4505.06, 4506.14, 4506.15, 4506.16,	77923
4506.20, 4506.24, 4508.08, 4509.60, 4511.33, 4511.62, 4511.63,	77924
4519.55, 4707.071, 4707.072, 4707.10, 4709.12, 4717.07, 4717.09,	77925
4719.01, 4723.01, 4723.06, 4723.07, 4723.08, 4723.082, 4723.17,	77926
4723.271, 4723.34, 4723.35, 4723.431, 4723.63, 4729.01, 4729.41,	77927
4731.27, 4731.65, 4731.71, 4734.15, 4736.12, 4743.05, 4747.05,	77928
4747.06, 4747.07, 4747.10, 4749.01, 4749.02, 4749.03, 4749.04,	77929
4749.05, 4749.06, 4749.07, 4749.08, 4749.10, 4749.11, 4749.12,	77930
4749.13, 4749.14, 4751.06, 4751.07, 4755.03, 4759.08, 4771.22,	77931
4779.08, 4779.17, 4779.18, 4903.24, 4905.79, 4905.91, 4919.79,	77932
4928.62, 4928.63, 4931.45, 4931.47, 4931.48, 4973.17, 4981.20,	77933
5101.11, 5101.14, 5101.141, 5101.142, 5101.144, 5101.145,	77934
5101.146, 5101.16, 5101.162, 5101.18, 5101.181, 5101.21, 5101.211,	77935
5101.212, 5101.22, 5101.24, 5101.26, 5101.27, 5101.28, 5101.35,	77936
5101.36, 5101.58, 5101.59, 5101.75, 5101.80, 5101.83, 5101.97,	77937
5103.031, 5103.033, 5103.034, 5103.036, 5103.037, 5103.038,	77938
5103.0312, 5103.0313, 5103.0314, 5103.0315, 5103.0316, 5103.154,	77939
5104.01, 5104.011, 5104.02, 5104.04, 5104.30, 5104.32, 5107.02,	77940
5107.30, 5107.37, 5107.40, 5107.60, 5108.01, 5108.03, 5108.06,	77941
5108.07, 5108.09, 5108.10, 5111.0112, 5111.02, 5111.021, 5111.022,	77942
5111.03, 5111.06, 5111.082, 5111.111, 5111.17, 5111.171, 5111.20,	77943
5111.21, 5111.22, 5111.25, 5111.251, 5111.252, 5111.28, 5111.29,	77944
5111.30, 5111.31, 5111.34, 5111.85, 5111.87, 5111.871, 5111.872,	77945
5111.873, 5111.92, 5111.94, 5112.03, 5112.08, 5112.17, 5112.31,	77946
5112.99, 5115.01, 5115.02, 5115.03, 5115.04, 5115.05, 5115.07,	77947
5115.10, 5115.11, 5115.13, 5115.15, 5115.20, 5119.61, 5119.611,	77948
5120.52, 5123.01, 5123.051, 5123.19, 5123.60, 5123.801, 5126.01,	77949
5126.042, 5126.11, 5126.12, 5126.121, 5126.15, 5126.18, 5126.44,	77950
5139.04, 5139.04, 5139.33, 5139.34, 5139.36, 5139.41, 5139.43,	77951
5139.87, 5153.122, 5153.16, 5153.163, 5153.60, 5153.69, 5153.72,	77952
5153.78, 5301.68, 5301.691, 5310.15, 5502.01, 5502.13, 5549.21,	77953
5703.052, 5705.39, 5705.41, 5705.412, 5709.20, 5709.21, 5709.22,	77954
5709.25, 5709.26, 5709.27, 5709.61, 5709.62, 5709.63, 5709.632,	77955
5709.64, 5711.02, 5711.13, 5711.18, 5711.22, 5711.27, 5711.33,	77956
5713.07, 5713.08, 5713.081, 5713.082, 5713.30, 5715.27, 5715.39,	77957
5717.03, 5719.07, 5727.111, 5727.30, 5727.32, 5727.33, 5727.56,	77958
5727.84, 5728.04, 5728.06, 5728.99, 5733.04, 5733.05, 5733.051,	77959
5733.056, 5733.059, 5733.06, 5733.0611, 5733.09, 5733.121,	77960
5733.18, 5733.22, 5733.45, 5733.98, 5735.05, 5735.14, 5735.142,	77961
5735.15, 5735.19, 5735.23, 5735.26, 5735.291, 5735.30, 5735.99,	77962
5739.01, 5739.011, 5739.012, 5739.02, 5739.021, 5739.022,	77963
5739.023, 5739.025, 5739.026, 5739.03, 5739.032, 5739.033,	77964
5739.10, 5739.12, 5739.121, 5739.122, 5739.17, 5739.21, 5739.33,	77965
5741.01, 5741.02, 5741.021, 5741.022, 5741.023, 5741.121, 5743.05,	77966
5743.21, 5743.45, 5745.01, 5745.02, 5745.04, 5747.02, 5747.12,	77967
5747.31, 5901.021, 6101.09, 6103.02, 6109.21, 6111.06, 6115.09,	77968
6117.02, 6119.06, 6119.10, 6301.05, and 6301.07, and sections	77969
Sec. 122.12. ,        Sec. 125.931. ,        Sec. 125.932. ,        Sec. 125.933. ,        Sec. 125.934. ,        Sec. 125.935. ,        Sec. 131.38. ,	77970
Sec. 179.01. ,        Sec. 179.02. ,        Sec. 179.03. ,        Sec. 179.04. ,        Sec. 319.311. ,        Sec. 504.21. ,        Sec. 718.03. ,        Sec. 1333.96. ,	77971
Sec. 1533.06. ,        Sec. 1533.39. ,        Sec. 1553.01. ,        Sec. 1553.02. ,        Sec. 1553.03. ,        Sec. 1553.04. ,        Sec. 1553.05. ,	77972
Sec. 1553.06. ,        Sec. 1553.07. ,        Sec. 1553.08. ,        Sec. 1553.09. ,        Sec. 1553.10. ,        Sec. 1553.99. ,        Sec. 2305.26. ,	77973
Sec. 3301.078. ,        Sec. 3301.0719. ,        Sec. 3301.0724. ,        Sec. 3301.31. ,        Sec. 3301.581. ,        Sec. 3313.82. ,	77974
Sec. 3313.83. ,        Sec. 3313.94. ,        Sec. 3317.11. ,        Sec. 3318.033. ,        Sec. 3318.052. ,        Sec. 3318.35. ,        Sec. 3319.06. ,	77975
Sec. 3319.34. ,        Sec. 3701.142. ,        Sec. 3701.144. ,        Sec. 3702.543. ,        Sec. 3702.581. ,        Sec. 4104.42. ,        Sec. 4104.43. ,	77976
Sec. 4141.044. ,        Sec. 4141.045. ,        Sec. 5101.213. ,        Sec. 5101.251. ,        Sec. 5108.05. ,        Sec. 5111.017. ,	77977
Sec. 5111.173. ,        Sec. 5115.011. ,        Sec. 5115.012. ,        Sec. 5115.06. ,        Sec. 5115.061. ,        Sec. 5139.42. ,        Sec. 5139.45. ,	77978
Sec. 5709.211. ,        Sec. 5709.23. ,        Sec. 5709.231. ,        Sec. 5709.24. ,        Sec. 5709.30. ,        Sec. 5709.31. ,        Sec. 5709.32. ,	77979
Sec. 5709.33. ,        Sec. 5709.34. ,        Sec. 5709.35. ,        Sec. 5709.36. ,        Sec. 5709.37. ,        Sec. 5709.45. ,        Sec. 5709.46. ,	77980
Sec. 5709.47. ,        Sec. 5709.48. ,        Sec. 5709.49. ,        Sec. 5709.50. ,        Sec. 5709.51. ,        Sec. 5709.52. ,        Sec. 5727.39. ,	77981
Sec. 5727.44. ,        Sec. 5733.111. ,        Sec. 5735.33. ,        Sec. 5739.034. ,        Sec. 5739.35. ,        Sec. 5741.011. ,        Sec. 5741.24. ,	77982
Sec. 5743.46. ,        Sec. 5747.131. ,        Sec. 5747.60. ,        Sec. 6111.31. ,        Sec. 6113.311. ,        Sec. 6111.32. ,        Sec. 6111.34. ,	77983
Sec. 6111.35. ,        Sec. 6111.36. ,        Sec. 6111.37. ,        Sec. 6111.38. , and        Sec. 6111.39.  of the Revised	77984
Code are hereby repealed.	77985

Section 3.01. That the version of section 921.22 of the	77986
Revised Code that is scheduled to take effect July 1, 2004, be	77987
amended to read as follows:	77988

Sec. 921.22.  The pesticide program fund is hereby created in	77989
the state treasury. AllThe portion of the money in the fund that	77990
is collected under this chapter shall be used to carry out the	77991
purposes of this chapter. The portion of the money in the fund	77992
that is collected under section 927.53 of the Revised Code shall	77993
be used to carry out the purposes specified in that section, the	77994
portion of the money in the fund that is collected under section	77995
927.69 of the Revised Code shall be used to carry out the purposes	77996
specified in that section, and the portion of the money in the	77997
fund that is collected under section 927.701 of the Revised Code	77998
shall be used to carry out the purposes of that section. The fund	77999
shall consist of fees collected under sections 921.01 to 921.15,	78000
division (F) of section 927.53, and section 927.69 of the Revised	78001
Code, money collected under section 927.701 of the Revised Code,	78002
and all fines, penalties, costs, and damages, except court costs,	78003
that are collected by either the director of agriculture or the	78004
attorney general in consequence of any violation of this chapter.	78005

Section 3.02. That the existing version of section 921.22 of	78006
the Revised Code that is scheduled to take effect July 1, 2004, is	78007
hereby repealed.	78008

Section 3.03. Sections 3.01 and 3.02 of this act take effect	78009
July 1, 2004.	78010

Section 3.04. That the version of section 3332.04 of the	78011
Revised Code that is scheduled to take effect on July 1, 2003, be	78012
amended to read as follows:	78013

Sec. 3332.04.  The state board of career colleges and schools	78014
may appoint an executive director and such other staff as may be	78015
required for the performance of the board's duties and provide	78016
necessary facilities. In selecting an executive director, the	78017
board shall appoint an individual with a background or experience	78018
in the regulation of commerce, business, or education. The board	78019
may also arrange for services and facilities to be provided by the	78020
state board of education and the Ohio board of regents. All	78021
receipts of the board shall be deposited in the career colleges	78022
and schools operating fund, which is hereby created in the state	78023
treasury. Moneys in the fund shall be used solely for the	78024
administration and enforcement of Chapter 3332. of the Revised	78025
Code. All investment earnings on the fund shall be credited to the	78026
to the credit of the occupational licensing and regulatory fund.	78027

Section 3.05. That the version of section 3332.04 of the	78028
Revised Code that is scheduled to take effect on July 1, 2003, is	78029
hereby repealed.	78030

Section 3.06. Sections 3.04 and 3.05 of this act take effect	78031
July 1, 2003.	78032

Section 3.06A. That the version of section 2305.234 of the	78033
Revised Code that is scheduled to take effect January 1, 2004, be	78034
amended to read as follows:	78035

Sec. 2305.234.  (A) As used in this section:

78036

(1) "Chiropractic claim," "medical claim," and "optometric	78037
claim" have the same meanings as in section 2305.113 of the	78038
Revised Code.	78039

(2) "Dental claim" has the same meaning as in section	78040
2305.113 of the Revised Code, except that it does not include any	78041
claim arising out of a dental operation or any derivative claim	78042
for relief that arises out of a dental operation.	78043

(3) "Governmental health care program" has the same meaning	78044
as in section 4731.65 of the Revised Code.	78045

(4) "Health care professional" means any of the following who	78046
provide medical, dental, or other health-related diagnosis, care,	78047
or treatment:	78048

(a) Physicians authorized under Chapter 4731. of the Revised	78049
Code to practice medicine and surgery or osteopathic medicine and	78050
surgery;	78051

(b) Registered nurses, advanced practice nurses, and licensed	78052
practical nurses licensed under Chapter 4723. of the Revised Code;	78053

(c) Physician assistants authorized to practice under Chapter	78054
4730. of the Revised Code;	78055

(d) Dentists and dental hygienists licensed under Chapter	78056
4715. of the Revised Code;	78057

(e) Physical therapists licensed under Chapter 4755. of the	78058
Revised Code;	78059

(f) Chiropractors licensed under Chapter 4734. of the Revised	78060
Code;	78061

(g) Optometrists licensed under Chapter 4725. of the Revised	78062
Code;	78063

(h) Podiatrists authorized under Chapter 4731. of the Revised	78064
Code to practice podiatry;	78065

(i) Dietitians licensed under Chapter 4759. of the Revised	78066
Code;	78067

(j) Pharmacists licensed under Chapter 4729. of the Revised	78068
Code;	78069

(k) Emergency medical technicians-basic, emergency medical	78070
technicians-intermediate, and emergency medical	78071
technicians-paramedic, certified under Chapter 4765. of the	78072
Revised Code.	78073

(5) "Health care worker" means a person other than a health	78074
care professional who provides medical, dental, or other	78075
health-related care or treatment under the direction of a health	78076
care professional with the authority to direct that individual's	78077
activities, including medical technicians, medical assistants,	78078
dental assistants, orderlies, aides, and individuals acting in	78079
similar capacities.	78080

(6) "Indigent and uninsured person" means a person who meets	78081
all of the following requirements:	78082

(a) The person's income is not greater than one hundred fifty	78083
per cent of the current poverty line as defined by the United	78084
States office of management and budget and revised in accordance	78085
with section 673(2) of the "Omnibus Budget Reconciliation Act of	78086
1981," 95 Stat. 511, 42 U.S.C. 9902, as amended.	78087

(b) The person is not eligible to receive medical assistance	78088
under Chapter 5111., disability assistance medical assistance	78089
under Chapter 5115. of the Revised Code, or assistance under any	78090
other governmental health care program.	78091

(c) Either of the following applies:

78092

(i) The person is not a policyholder, certificate holder,	78093
insured, contract holder, subscriber, enrollee, member,	78094
beneficiary, or other covered individual under a health insurance	78095
or health care policy, contract, or plan.	78096

(ii) The person is a policyholder, certificate holder,	78097
insured, contract holder, subscriber, enrollee, member,	78098
beneficiary, or other covered individual under a health insurance	78099
or health care policy, contract, or plan, but the insurer, policy,	78100
contract, or plan denies coverage or is the subject of insolvency	78101
or bankruptcy proceedings in any jurisdiction.	78102

(7) "Operation" means any procedure that involves cutting or	78103
otherwise infiltrating human tissue by mechanical means, including	78104
surgery, laser surgery, ionizing radiation, therapeutic	78105
ultrasound, or the removal of intraocular foreign bodies.	78106
"Operation" does not include the administration of medication by	78107
injection, unless the injection is administered in conjunction	78108
with a procedure infiltrating human tissue by mechanical means	78109
other than the administration of medicine by injection.	78110

(8) "Nonprofit shelter or health care facility" means a	78111
charitable nonprofit corporation organized and operated pursuant	78112
to Chapter 1702. of the Revised Code, or any charitable	78113
organization not organized and not operated for profit, that	78114
provides shelter, health care services, or shelter and health care	78115
services to indigent and uninsured persons, except that "shelter	78116
or health care facility" does not include a hospital as defined in	78117
section 3727.01 of the Revised Code, a facility licensed under	78118
Chapter 3721. of the Revised Code, or a medical facility that is	78119
operated for profit.	78120

(9) "Tort action" means a civil action for damages for	78121
injury, death, or loss to person or property other than a civil	78122
action for damages for a breach of contract or another agreement	78123
between persons or government entities.	78124

(10) "Volunteer" means an individual who provides any	78125
medical, dental, or other health-care related diagnosis, care, or	78126
treatment without the expectation of receiving and without receipt	78127
of any compensation or other form of remuneration from an indigent	78128
and uninsured person, another person on behalf of an indigent and	78129
uninsured person, any shelter or health care facility, or any	78130
other person or government entity.	78131

(11) "Community control sanction" has the same meaning as in	78132
section 2929.01 of the Revised Code.	78133

(B)(1) Subject to divisions (E) and (F)(3) of this section, a	78134
health care professional who is a volunteer and complies with	78135
division (B)(2) of this section is not liable in damages to any	78136
person or government entity in a tort or other civil action,	78137
including an action on a medical, dental, chiropractic,	78138
optometric, or other health-related claim, for injury, death, or	78139
loss to person or property that allegedly arises from an action or	78140
omission of the volunteer in the provision at a nonprofit shelter	78141
or health care facility to an indigent and uninsured person of	78142
medical, dental, or other health-related diagnosis, care, or	78143
treatment, including the provision of samples of medicine and	78144
other medical products, unless the action or omission constitutes	78145
willful or wanton misconduct.	78146

(2) To qualify for the immunity described in division (B)(1)	78147
of this section, a health care professional shall do all of the	78148
following prior to providing diagnosis, care, or treatment:	78149

(a) Determine, in good faith, that the indigent and uninsured	78150
person is mentally capable of giving informed consent to the	78151
provision of the diagnosis, care, or treatment and is not subject	78152
to duress or under undue influence;	78153

(b) Inform the person of the provisions of this section;

78154

(c) Obtain the informed consent of the person and a written	78155
waiver, signed by the person or by another individual on behalf of	78156
and in the presence of the person, that states that the person is	78157
mentally competent to give informed consent and, without being	78158
subject to duress or under undue influence, gives informed consent	78159
to the provision of the diagnosis, care, or treatment subject to	78160
the provisions of this section.	78161

(3) A physician or podiatrist who is not covered by medical	78162
malpractice insurance, but complies with division (B)(2) of this	78163
section, is not required to comply with division (A) of section	78164
4731.143 of the Revised Code.	78165

(C) Subject to divisions (E) and (F)(3) of this section,	78166
health care workers who are volunteers are not liable in damages	78167
to any person or government entity in a tort or other civil	78168
action, including an action upon a medical, dental, chiropractic,	78169
optometric, or other health-related claim, for injury, death, or	78170
loss to person or property that allegedly arises from an action or	78171
omission of the health care worker in the provision at a nonprofit	78172
shelter or health care facility to an indigent and uninsured	78173
person of medical, dental, or other health-related diagnosis,	78174
care, or treatment, unless the action or omission constitutes	78175
willful or wanton misconduct.	78176

(D) Subject to divisions (E) and (F)(3) of this section and	78177
section 3701.071 of the Revised Code, a nonprofit shelter or	78178
health care facility associated with a health care professional	78179
described in division (B)(1) of this section or a health care	78180
worker described in division (C) of this section is not liable in	78181
damages to any person or government entity in a tort or other	78182
civil action, including an action on a medical, dental,	78183
chiropractic, optometric, or other health-related claim, for	78184
injury, death, or loss to person or property that allegedly arises	78185
from an action or omission of the health care professional or	78186
worker in providing for the shelter or facility medical, dental,	78187
or other health-related diagnosis, care, or treatment to an	78188
indigent and uninsured person, unless the action or omission	78189
constitutes willful or wanton misconduct.	78190

(E)(1) Except as provided in division (E)(2) of this section,	78191
the immunities provided by divisions (B), (C), and (D) of this	78192
section are not available to an individual or to a nonprofit	78193
shelter or health care facility if, at the time of an alleged	78194
injury, death, or loss to person or property, the individuals	78195
involved are providing one of the following:	78196

(a) Any medical, dental, or other health-related diagnosis,	78197
care, or treatment pursuant to a community service work order	78198
entered by a court under division (B) of section 2951.02 of the	78199
Revised Code or imposed by a court as a community control	78200
sanction;	78201

(b) Performance of an operation;

78202

(c) Delivery of a baby.

78203

(2) Division (E)(1) of this section does not apply to an	78204
individual who provides, or a nonprofit shelter or health care	78205
facility at which the individual provides, diagnosis, care, or	78206
treatment that is necessary to preserve the life of a person in a	78207
medical emergency.	78208

(F)(1) This section does not create a new cause of action or	78209
substantive legal right against a health care professional, health	78210
care worker, or nonprofit shelter or health care facility.	78211

(2) This section does not affect any immunities from civil	78212
liability or defenses established by another section of the	78213
Revised Code or available at common law to which an individual or	78214
a nonprofit shelter or health care facility may be entitled in	78215
connection with the provision of emergency or other diagnosis,	78216
care, or treatment.	78217

(3) This section does not grant an immunity from tort or	78218
other civil liability to an individual or a nonprofit shelter or	78219
health care facility for actions that are outside the scope of	78220
authority of health care professionals or health care workers.	78221

(4) This section does not affect any legal responsibility of	78222
a health care professional or health care worker to comply with	78223
any applicable law of this state or rule of an agency of this	78224
state.	78225

(5) This section does not affect any legal responsibility of	78226
a nonprofit shelter or health care facility to comply with any	78227
applicable law of this state, rule of an agency of this state, or	78228
local code, ordinance, or regulation that pertains to or regulates	78229
building, housing, air pollution, water pollution, sanitation,	78230
health, fire, zoning, or safety.	78231

Section 3.06B. That the existing version of section 2305.234	78232
of the Revised Code that is scheduled to take effect January 1,	78233
2004, is hereby repealed.	78234

Section 3.06C. Sections 3.06A and 3.06B of this act take	78235
effect January 1, 2004.	78236

Section 3.06D. That the version of section 3734.44 of the	78237
Revised Code that is scheduled to take effect January 1, 2004, be	78238
amended to read as follows:	78239

Sec. 3734.44.  Notwithstanding the provisions of any law to	78240
the contrary, no permit or license shall be issued or renewed by	78241
the director of environmental protection, the hazardous waste	78242
facility board, or a board of health:	78243

(A) Unless the director, the hazardous waste facility board,	78244
or the board of health finds that the applicant, in any prior	78245
performance record in the transportation, transfer, treatment,	78246
storage, or disposal of solid wastes, infectious wastes, or	78247
hazardous waste, has exhibited sufficient reliability, expertise,	78248
and competency to operate the solid waste, infectious waste, or	78249
hazardous waste facility, given the potential for harm to human	78250
health and the environment that could result from the	78251
irresponsible operation of the facility, or, if no prior record	78252
exists, that the applicant is likely to exhibit that reliability,	78253
expertise, and competence;	78254

(B) If any individual or business concern required to be	78255
listed in the disclosure statement or shown to have a beneficial	78256
interest in the business of the applicant or the permittee, other	78257
than an equity interest or debt liability, by the investigation	78258
thereof, has been convicted of any of the following crimes under	78259
the laws of this state or equivalent laws of any other	78260
jurisdiction:	78261

(1) Murder;

78262

(2) Kidnapping;

78263

(3) Gambling;

78264

(4) Robbery;

78265

(5) Bribery;

78266

(6) Extortion;

78267

(7) Criminal usury;

78268

(8) Arson;

78269

(9) Burglary;

78270

(10) Theft and related crimes;

78271

(11) Forgery and fraudulent practices;

78272

(12) Fraud in the offering, sale, or purchase of securities;

78273

(13) Alteration of motor vehicle identification numbers;

78274

(14) Unlawful manufacture, purchase, use, or transfer of	78275
firearms;	78276

(15) Unlawful possession or use of destructive devices or	78277
explosives;	78278

(16) A violation of section 2925.03, 2925.04, 2925.05,	78279
2925.06, 2925.11, 2925.32, or 2925.37 or Chapter 3719. of the	78280
Revised Code, unless the violation is for possession of less than	78281
one hundred grams of marihuana, less than five grams of marihuana	78282
resin or extraction or preparation of marihuana resin, or less	78283
than one gram of marihuana resin in a liquid concentrate, liquid	78284
extract, or liquid distillate form;	78285

(17) Engaging in a pattern of corrupt activity under section	78286
2923.32 of the Revised Code;	78287

(18) A violation of the criminal provisions of Chapter 1331.	78288
of the Revised Code;	78289

(19) Any violation of the criminal provisions of any federal	78290
or state environmental protection laws, rules, or regulations that	78291
is committed knowingly or recklessly, as defined in section	78292
2901.22 of the Revised Code;	78293

(20) A violation of any provision of Chapter 2909. of the	78294
Revised Code;	78295

(21) Any offense specified in Chapter 2921. of the Revised	78296
Code.	78297

(C) Notwithstanding division (B) of this section, no	78298
applicant shall be denied the issuance or renewal of a permit or	78299
license on the basis of a conviction of any individual or business	78300
concern required to be listed in the disclosure statement or shown	78301
to have a beneficial interest in the business of the applicant or	78302
the permittee, other than an equity interest or debt liability, by	78303
the investigation thereof for any of the offenses enumerated in	78304
that division as disqualification criteria if that applicant has	78305
affirmatively demonstrated rehabilitation of the individual or	78306
business concern by a preponderance of the evidence. If any such	78307
individual was convicted of any of the offenses so enumerated that	78308
are felonies, a permit shall be denied unless five years have	78309
elapsed since the individual was fully discharged from	78310
imprisonment and parole for the offense, from a community control	78311
sanction imposed under section 2929.15 of the Revised Code, from a	78312
post-release control sanction imposed under section 2967.28 of the	78313
Revised Code for the offense, or imprisonment, probation, and	78314
parole for an offense that was committed prior to July 1, 1996. In	78315
determining whether an applicant has affirmatively demonstrated	78316
rehabilitation, the director, the hazardous waste facility board,	78317
or the board of health shall request a recommendation on the	78318
matter from the attorney general and shall consider and base the	78319
determination on the following factors:	78320

(1) The nature and responsibilities of the position a	78321
convicted individual would hold;	78322

(2) The nature and seriousness of the offense;

78323

(3) The circumstances under which the offense occurred;

78324

(4) The date of the offense;

78325

(5) The age of the individual when the offense was committed;

78326

(6) Whether the offense was an isolated or repeated incident;

78327

(7) Any social conditions that may have contributed to the	78328
offense;	78329

(8) Any evidence of rehabilitation, including good conduct in	78330
prison or in the community, counseling or psychiatric treatment	78331
received, acquisition of additional academic or vocational	78332
schooling, successful participation in correctional work release	78333
programs, or the recommendation of persons who have or have had	78334
the applicant under their supervision;	78335

(9) In the instance of an applicant that is a business	78336
concern, rehabilitation shall be established if the applicant has	78337
implemented formal management controls to minimize and prevent the	78338
occurrence of violations and activities that will or may result in	78339
permit or license denial or revocation or if the applicant has	78340
formalized those controls as a result of a revocation or denial of	78341
a permit or license. Those controls may include, but are not	78342
limited to, instituting environmental auditing programs to help	78343
ensure the adequacy of internal systems to achieve, maintain, and	78344
monitor compliance with applicable environmental laws and	78345
standards or instituting an antitrust compliance auditing program	78346
to help ensure full compliance with applicable antitrust laws. The	78347
business concern shall prove by a preponderance of the evidence	78348
that the management controls are effective in preventing the	78349
violations that are the subject of concern.	78350

(D) Unless the director, the hazardous waste facility board,	78351
or the board of health finds that the applicant has a history of	78352
compliance with environmental laws in this state and other	78353
jurisdictions and is presently in substantial compliance with, or	78354
on a legally enforceable schedule that will result in compliance	78355
with, environmental laws in this state and other jurisdictions;	78356

(E) With respect to the approval of a permit, if the director	78357
or the hazardous waste facility board determines that current	78358
prosecutions or pending charges in any jurisdiction for any of the	78359
offenses enumerated in division (B) of this section against any	78360
individual or business concern required to be listed in the	78361
disclosure statement or shown by the investigation to have a	78362
beneficial interest in the business of the applicant other than an	78363
equity interest or debt liability are of such magnitude that they	78364
prevent making the finding required under division (A) of this	78365
section, provided that at the request of the applicant or the	78366
individual or business concern charged, the director or the	78367
hazardous waste facility board shall defer decision upon the	78368
application during the pendency of the charge.	78369

Section 3.06E. That the existing version of section 3734.44	78370
of the Revised Code that is scheduled to take effect on January 1,	78371
2004, is hereby repealed.	78372

Section 3.06F. Sections 3.06D and 3.06E of this act take	78373
effect January 1, 2004.	78374

Section 3.07. That the versions of sections 307.93, 2152.19,	78375
2929.38, 4506.14, 4506.15, 4506.16,4506.20, 4511.33, 4511.62,	78376
4511.63, and 4511.75 of the Revised Code that are scheduled to	78377
take effect January 1, 2004, be amended to read as follows:	78378

Sec. 307.93.  (A) The boards of county commissioners of two	78379
or more adjacent counties may contract for the joint establishment	78380
of a multicounty correctional center, and the board of county	78381
commissioners of a county or the boards of two or more counties	78382
may contract with any municipal corporation or municipal	78383
corporations located in that county or those counties for the	78384
joint establishment of a municipal-county or multicounty-municipal	78385
correctional center. The center shall augment county and, where	78386
applicable, municipal jail programs and facilities by providing	78387
custody and rehabilitative programs for those persons under the	78388
charge of the sheriff of any of the contracting counties or of the	78389
officer or officers of the contracting municipal corporation or	78390
municipal corporations having charge of persons incarcerated in	78391
the municipal jail, workhouse, or other correctional facility who,	78392
in the opinion of the sentencing court, need programs of custody	78393
and rehabilitation not available at the county or municipal jail	78394
and by providing custody and rehabilitative programs in accordance	78395
with division (C) of this section, if applicable. The contract may	78396
include, but need not be limited to, provisions regarding the	78397
acquisition, construction, maintenance, repair, termination of	78398
operations, and administration of the center. The contract shall	78399
prescribe the manner of funding of, and debt assumption for, the	78400
center and the standards and procedures to be followed in the	78401
operation of the center. Except as provided in division (H) of	78402
this section, the contracting counties and municipal corporations	78403
shall form a corrections commission to oversee the administration	78404
of the center. Members of the commission shall consist of the	78405
sheriff of each participating county, the president of the board	78406
of county commissioners of each participating county, the	78407
presiding judge of the court of common pleas of each participating	78408
county, or, if the court of common pleas of a participating county	78409
has only one judge, then that judge, the chief of police of each	78410
participating municipal corporation, the mayor or city manager of	78411
each participating municipal corporation, and the presiding judge	78412
or the sole judge of the municipal court of each participating	78413
municipal corporation. Any of the foregoing officers may appoint a	78414
designee to serve in the officer's place on the corrections	78415
commission. The standards and procedures shall be formulated and	78416
agreed to by the commission and may be amended at any time during	78417
the life of the contract by agreement of the parties to the	78418
contract upon the advice of the commission. The standards and	78419
procedures formulated by the commission shall include, but need	78420
not be limited to, designation of the person in charge of the	78421
center, the categories of employees to be employed at the center,	78422
the appointing authority of the center, and the standards of	78423
treatment and security to be maintained at the center. The person	78424
in charge of, and all persons employed to work at, the center	78425
shall have all the powers of police officers that are necessary	78426
for the proper performance of the duties relating to their	78427
positions at the center.	78428

(B) Each board of county commissioners that enters a contract	78429
under division (A) of this section may appoint a building	78430
commission pursuant to section 153.21 of the Revised Code. If any	78431
commissions are appointed, they shall function jointly in the	78432
construction of a multicounty or multicounty-municipal	78433
correctional center with all the powers and duties authorized by	78434
law.	78435

(C) Prior to the acceptance for custody and rehabilitation	78436
into a center established under this section of any persons who	78437
are designated by the department of rehabilitation and correction,	78438
who plead guilty to or are convicted of a felony of the fourth or	78439
fifth degree, and who satisfy the other requirements listed in	78440
section 5120.161 of the Revised Code, the corrections commission	78441
of a center established under this section shall enter into an	78442
agreement with the department of rehabilitation and correction	78443
under section 5120.161 of the Revised Code for the custody and	78444
rehabilitation in the center of persons who are designated by the	78445
department, who plead guilty to or are convicted of a felony of	78446
the fourth or fifth degree, and who satisfy the other requirements	78447
listed in that section, in exchange for a per diem fee per person.	78448
Persons incarcerated in the center pursuant to an agreement	78449
entered into under this division shall be subject to supervision	78450
and control in the manner described in section 5120.161 of the	78451
Revised Code. This division does not affect the authority of a	78452
court to directly sentence a person who is convicted of or pleads	78453
guilty to a felony to the center in accordance with section	78454
2929.16 of the Revised Code.	78455

(D) Pursuant to section 2929.37 of the Revised Code, each	78456
board of county commissioners and the legislative authority of	78457
each municipal corporation that enters into a contract under	78458
division (A) of this section may require a person who was	78459
convicted of an offense, who is under the charge of the sheriff of	78460
their county or of the officer or officers of the contracting	78461
municipal corporation or municipal corporations having charge of	78462
persons incarcerated in the municipal jail, workhouse, or other	78463
correctional facility, and who is confined in the multicounty,	78464
municipal-county, or multicounty-municipal correctional center as	78465
provided in that division, to reimburse the applicable county or	78466
municipal corporation for its expenses incurred by reason of the	78467
person's confinement in the center.	78468

(E) Notwithstanding any contrary provision in this section or	78469
section 2929.18, 2929.28, or 2929.37 of the Revised Code, the	78470
corrections commission of a center may establish a policy that	78471
complies with section 2929.38 of the Revised Code and that	78472
requires any person who is not indigent and who is confined in the	78473
multicounty, municipal-county, or multicounty-municipal	78474
correctional center to pay a reception fee, a fee for medical	78475
treatment or service requested by and provided to that person, or	78476
the fee for a random drug test assessed under division (E) of	78477
section 341.26 of the Revised Code.	78478

(F)(1) The corrections commission of a center established	78479
under this section may establish a commissary for the center. The	78480
commissary may be established either in-house or by another	78481
arrangement. If a commissary is established, all persons	78482
incarcerated in the center shall receive commissary privileges. A	78483
person's purchases from the commissary shall be deducted from the	78484
person's account record in the center's business office. The	78485
commissary shall provide for the distribution to indigent persons	78486
incarcerated in the center of necessary hygiene articles and	78487
writing materials.	78488

(2) If a commissary is established, the corrections	78489
commission of a center established under this section shall	78490
establish a commissary fund for the center. The management of	78491
funds in the commissary fund shall be strictly controlled in	78492
accordance with procedures adopted by the auditor of state.	78493
Commissary fund revenue over and above operating costs and reserve	78494
shall be considered profits. All profits from the commissary fund	78495
shall be used to purchase supplies and equipment for the benefit	78496
of persons incarcerated in the center and to pay salary and	78497
benefits for employees of the center, or for any other persons,	78498
who work in or are employed for the sole purpose of providing	78499
service to the commissary. The corrections commission shall adopt	78500
rules and regulations for the operation of any commissary fund it	78501
establishes.	78502

(G) In lieu of forming a corrections commission to administer	78503
a multicounty correctional center or a municipal-county or	78504
multicounty-municipal correctional center, the boards of county	78505
commissioners and the legislative authorities of the municipal	78506
corporations contracting to establish the center may also agree to	78507
contract for the private operation and management of the center as	78508
provided in section 9.06 of the Revised Code, but only if the	78509
center houses only misdemeanant inmates. In order to enter into a	78510
contract under section 9.06 of the Revised Code, all the boards	78511
and legislative authorities establishing the center shall approve	78512
and be parties to the contract.	78513

(H) If a person who is convicted of or pleads guilty to an	78514
offense is sentenced to a term in a multicounty correctional	78515
center or a municipal-county or multicounty-municipal correctional	78516
center or is incarcerated in the center in the manner described in	78517
division (C) of this section, or if a person who is arrested for	78518
an offense, and who has been denied bail or has had bail set and	78519
has not been released on bail is confined in a multicounty	78520
correctional center or a municipal-county or multicounty-municipal	78521
correctional center pending trial, at the time of reception and at	78522
other times the officer, officers, or other person in charge of	78523
the operation of the center determines to be appropriate, the	78524
officer, officers, or other person in charge of the operation of	78525
the center may cause the convicted or accused offender to be	78526
examined and tested for tuberculosis, HIV infection, hepatitis,	78527
including but not limited to hepatitis A, B, and C, and other	78528
contagious diseases. The officer, officers, or other person in	78529
charge of the operation of the center may cause a convicted or	78530
accused offender in the center who refuses to be tested or treated	78531
for tuberculosis, HIV infection, hepatitis, including but not	78532
limited to hepatitis A, B, and C, or another contagious disease to	78533
be tested and treated involuntarily.	78534

(I) As used in this section, "multicounty-municipal" means	78535
more than one county and a municipal corporation, or more than one	78536
municipal corporation and a county, or more than one municipal	78537
corporation and more than one county.	78538

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	78539
child, the court may make any of the following orders of	78540
disposition, in addition to any other disposition authorized or	78541
required by this chapter:	78542

(1) Any order that is authorized by section 2151.353 of the	78543
Revised Code for the care and protection of an abused, neglected,	78544
or dependent child;	78545

(2) Commit the child to the temporary custody of any school,	78546
camp, institution, or other facility operated for the care of	78547
delinquent children by the county, by a district organized under	78548
section 2152.41 or 2151.65 of the Revised Code, or by a private	78549
agency or organization, within or without the state, that is	78550
authorized and qualified to provide the care, treatment, or	78551
placement required, including, but not limited to, a school, camp,	78552
or facility operated under section 2151.65 of the Revised Code;	78553

(3) Place the child in a detention facility or district	78554
detention facility operated under section 2152.41 of the Revised	78555
Code, for up to ninety days;	78556

(4) Place the child on community control under any sanctions,	78557
services, and conditions that the court prescribes. As a condition	78558
of community control in every case and in addition to any other	78559
condition that it imposes upon the child, the court shall require	78560
the child to abide by the law during the period of community	78561
control. As referred to in this division, community control	78562
includes, but is not limited to, the following sanctions and	78563
conditions:	78564

(a) A period of basic probation supervision in which the	78565
child is required to maintain contact with a person appointed to	78566
supervise the child in accordance with sanctions imposed by the	78567
court;	78568

(b) A period of intensive probation supervision in which the	78569
child is required to maintain frequent contact with a person	78570
appointed by the court to supervise the child while the child is	78571
seeking or maintaining employment and participating in training,	78572
education, and treatment programs as the order of disposition;	78573

(c) A period of day reporting in which the child is required	78574
each day to report to and leave a center or another approved	78575
reporting location at specified times in order to participate in	78576
work, education or training, treatment, and other approved	78577
programs at the center or outside the center;	78578

(d) A period of community service of up to five hundred hours	78579
for an act that would be a felony or a misdemeanor of the first	78580
degree if committed by an adult, up to two hundred hours for an	78581
act that would be a misdemeanor of the second, third, or fourth	78582
degree if committed by an adult, or up to thirty hours for an act	78583
that would be a minor misdemeanor if committed by an adult;	78584

(e) A requirement that the child obtain a high school	78585
diploma, a certificate of high school equivalence, vocational	78586
training, or employment;	78587

(f) A period of drug and alcohol use monitoring;

78588

(g) A requirement of alcohol or drug assessment or	78589
counseling, or a period in an alcohol or drug treatment program	78590
with a level of security for the child as determined necessary by	78591
the court;	78592

(h) A period in which the court orders the child to observe a	78593
curfew that may involve daytime or evening hours;	78594

(i) A requirement that the child serve monitored time;

78595

(j) A period of house arrest with or without electronic	78596
monitoring;	78597

(k) A period of electronic monitoring without house arrest or	78598
electronically monitored house arrest that does not exceed the	78599
maximum sentence of imprisonment that could be imposed upon an	78600
adult who commits the same act.	78601

A period of electronically monitored house arrest imposed	78602
under this division shall not extend beyond the child's	78603
twenty-first birthday. If a court imposes a period of	78604
electronically monitored house arrest upon a child under this	78605
division, it shall require the child: to wear, otherwise have	78606
attached to the child's person, or otherwise be subject to	78607
monitoring by a certified electronic monitoring device or to	78608
participate in the operation of and monitoring by a certified	78609
electronic monitoring system; to remain in the child's home or	78610
other specified premises for the entire period of electronically	78611
monitored house arrest except when the court permits the child to	78612
leave those premises to go to school or to other specified	78613
premises; to be monitored by a central system that can determine	78614
the child's location at designated times; to report periodically	78615
to a person designated by the court; and to enter into a written	78616
contract with the court agreeing to comply with all requirements	78617
imposed by the court, agreeing to pay any fee imposed by the court	78618
for the costs of the electronically monitored house arrest, and	78619
agreeing to waive the right to receive credit for any time served	78620
on electronically monitored house arrest toward the period of any	78621
other dispositional order imposed upon the child if the child	78622
violates any of the requirements of the dispositional order of	78623
electronically monitored house arrest. The court also may impose	78624
other reasonable requirements upon the child.	78625

Unless ordered by the court, a child shall not receive credit	78626
for any time served on electronically monitored house arrest	78627
toward any other dispositional order imposed upon the child for	78628
the act for which was imposed the dispositional order of	78629
electronically monitored house arrest.	78630

(l) A suspension of the driver's license, probationary	78631
driver's license, or temporary instruction permit issued to the	78632
child or a suspension of the registration of all motor vehicles	78633
registered in the name of the child. A child whose license or	78634
permit is so suspended is ineligible for issuance of a license or	78635
permit during the period of suspension. At the end of the period	78636
of suspension, the child shall not be reissued a license or permit	78637
until the child has paid any applicable reinstatement fee and	78638
complied with all requirements governing license reinstatement.	78639

(5) Commit the child to the custody of the court;

78640

(6) Require the child to not be absent without legitimate	78641
excuse from the public school the child is supposed to attend for	78642
five or more consecutive days, seven or more school days in one	78643
school month, or twelve or more school days in a school year;	78644

(7)(a) If a child is adjudicated a delinquent child for being	78645
a chronic truant or an habitual truant who previously has been	78646
adjudicated an unruly child for being a habitual truant, do either	78647
or both of the following:	78648

(i) Require the child to participate in a truancy prevention	78649
mediation program;	78650

(ii) Make any order of disposition as authorized by this	78651
section, except that the court shall not commit the child to a	78652
facility described in division (A)(2) or (3) of this section	78653
unless the court determines that the child violated a lawful court	78654
order made pursuant to division (C)(1)(e) of section 2151.354 of	78655
the Revised Code or division (A)(6) of this section.	78656

(b) If a child is adjudicated a delinquent child for being a	78657
chronic truant or a habitual truant who previously has been	78658
adjudicated an unruly child for being a habitual truant and the	78659
court determines that the parent, guardian, or other person having	78660
care of the child has failed to cause the child's attendance at	78661
school in violation of section 3321.38 of the Revised Code, do	78662
either or both of the following:	78663

(i) Require the parent, guardian, or other person having care	78664
of the child to participate in a truancy prevention mediation	78665
program;	78666

(ii) Require the parent, guardian, or other person having	78667
care of the child to participate in any community service program,	78668
preferably a community service program that requires the	78669
involvement of the parent, guardian, or other person having care	78670
of the child in the school attended by the child.	78671

(8) Make any further disposition that the court finds proper,	78672
except that the child shall not be placed in any of the following:	78673

(a) A state correctional institution, a county, multicounty,	78674
or municipal jail or workhouse, or another place in which an adult	78675
convicted of a crime, under arrest, or charged with a crime is	78676
held;	78677

(b) A community corrections facility, if the child would be	78678
covered by the definition of public safety beds for purposes of	78679
sections 5139.41 to 5139.455139.43 of the Revised Code if the	78680
court exercised its authority to commit the child to the legal	78681
custody of the department of youth services for	78682
institutionalization or institutionalization in a secure facility	78683
pursuant to this chapter.	78684

(B) If a child is adjudicated a delinquent child, in addition	78685
to any order of disposition made under division (A) of this	78686
section, the court, in the following situations, shall suspend the	78687
child's temporary instruction permit, restricted license,	78688
probationary driver's license, or nonresident operating privilege,	78689
or suspend the child's ability to obtain such a permit:	78690

(1) The child is adjudicated a delinquent child for violating	78691
section 2923.122 of the Revised Code, with the suspension and	78692
denial being in accordance with division (E)(1)(a), (c), (d), or	78693
(e) of section 2923.122 of the Revised Code.	78694

(2) The child is adjudicated a delinquent child for	78695
committing an act that if committed by an adult would be a drug	78696
abuse offense or for violating division (B) of section 2917.11 of	78697
the Revised Code, with the suspension continuing until the child	78698
attends and satisfactorily completes a drug abuse or alcohol abuse	78699
education, intervention, or treatment program specified by the	78700
court. During the time the child is attending the program, the	78701
court shall retain any temporary instruction permit, probationary	78702
driver's license, or driver's license issued to the child, and the	78703
court shall return the permit or license when the child	78704
satisfactorily completes the program.	78705

(C) The court may establish a victim-offender mediation	78706
program in which victims and their offenders meet to discuss the	78707
offense and suggest possible restitution. If the court obtains the	78708
assent of the victim of the delinquent act committed by the child,	78709
the court may require the child to participate in the program.	78710

(D)(1) If a child is adjudicated a delinquent child for	78711
committing an act that would be a felony if committed by an adult	78712
and if the child caused, attempted to cause, threatened to cause,	78713
or created a risk of physical harm to the victim of the act, the	78714
court, prior to issuing an order of disposition under this	78715
section, shall order the preparation of a victim impact statement	78716
by the probation department of the county in which the victim of	78717
the act resides, by the court's own probation department, or by a	78718
victim assistance program that is operated by the state, a county,	78719
a municipal corporation, or another governmental entity. The court	78720
shall consider the victim impact statement in determining the	78721
order of disposition to issue for the child.	78722

(2) Each victim impact statement shall identify the victim of	78723
the act for which the child was adjudicated a delinquent child,	78724
itemize any economic loss suffered by the victim as a result of	78725
the act, identify any physical injury suffered by the victim as a	78726
result of the act and the seriousness and permanence of the	78727
injury, identify any change in the victim's personal welfare or	78728
familial relationships as a result of the act and any	78729
psychological impact experienced by the victim or the victim's	78730
family as a result of the act, and contain any other information	78731
related to the impact of the act upon the victim that the court	78732
requires.	78733

(3) A victim impact statement shall be kept confidential and	78734
is not a public record. However, the court may furnish copies of	78735
the statement to the department of youth services if the	78736
delinquent child is committed to the department or to both the	78737
adjudicated delinquent child or the adjudicated delinquent child's	78738
counsel and the prosecuting attorney. The copy of a victim impact	78739
statement furnished by the court to the department pursuant to	78740
this section shall be kept confidential and is not a public	78741
record. If an officer is preparing pursuant to section 2947.06 or	78742
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	78743
investigation report pertaining to a person, the court shall make	78744
available to the officer, for use in preparing the report, a copy	78745
of any victim impact statement regarding that person. The copies	78746
of a victim impact statement that are made available to the	78747
adjudicated delinquent child or the adjudicated delinquent child's	78748
counsel and the prosecuting attorney pursuant to this division	78749
shall be returned to the court by the person to whom they were	78750
made available immediately following the imposition of an order of	78751
disposition for the child under this chapter.	78752

The copy of a victim impact statement that is made available	78753
pursuant to this division to an officer preparing a criminal	78754
presentence investigation report shall be returned to the court by	78755
the officer immediately following its use in preparing the report.	78756

(4) The department of youth services shall work with local	78757
probation departments and victim assistance programs to develop a	78758
standard victim impact statement.	78759

(E) If a child is adjudicated a delinquent child for being a	78760
chronic truant or an habitual truant who previously has been	78761
adjudicated an unruly child for being an habitual truant and the	78762
court determines that the parent, guardian, or other person having	78763
care of the child has failed to cause the child's attendance at	78764
school in violation of section 3321.38 of the Revised Code, in	78765
addition to any order of disposition it makes under this section,	78766
the court shall warn the parent, guardian, or other person having	78767
care of the child that any subsequent adjudication of the child as	78768
an unruly or delinquent child for being an habitual or chronic	78769
truant may result in a criminal charge against the parent,	78770
guardian, or other person having care of the child for a violation	78771
of division (C) of section 2919.21 or section 2919.24 of the	78772
Revised Code.	78773

(F)(1) During the period of a delinquent child's community	78774
control granted under this section, authorized probation officers	78775
who are engaged within the scope of their supervisory duties or	78776
responsibilities may search, with or without a warrant, the person	78777
of the delinquent child, the place of residence of the delinquent	78778
child, and a motor vehicle, another item of tangible or intangible	78779
personal property, or other real property in which the delinquent	78780
child has a right, title, or interest or for which the delinquent	78781
child has the express or implied permission of a person with a	78782
right, title, or interest to use, occupy, or possess if the	78783
probation officers have reasonable grounds to believe that the	78784
delinquent child is not abiding by the law or otherwise is not	78785
complying with the conditions of the delinquent child's community	78786
control. The court that places a delinquent child on community	78787
control under this section shall provide the delinquent child with	78788
a written notice that informs the delinquent child that authorized	78789
probation officers who are engaged within the scope of their	78790
supervisory duties or responsibilities may conduct those types of	78791
searches during the period of community control if they have	78792
reasonable grounds to believe that the delinquent child is not	78793
abiding by the law or otherwise is not complying with the	78794
conditions of the delinquent child's community control. The court	78795
also shall provide the written notice described in division (E)(2)	78796
of this section to each parent, guardian, or custodian of the	78797
delinquent child who is described in that division.	78798

(2) The court that places a child on community control under	78799
this section shall provide the child's parent, guardian, or other	78800
custodian with a written notice that informs them that authorized	78801
probation officers may conduct searches pursuant to division	78802
(E)(1) of this section. The notice shall specifically state that a	78803
permissible search might extend to a motor vehicle, another item	78804
of tangible or intangible personal property, or a place of	78805
residence or other real property in which a notified parent,	78806
guardian, or custodian has a right, title, or interest and that	78807
the parent, guardian, or custodian expressly or impliedly permits	78808
the child to use, occupy, or possess.	78809

(G) If a juvenile court commits a delinquent child to the	78810
custody of any person, organization, or entity pursuant to this	78811
section and if the delinquent act for which the child is so	78812
committed is a sexually oriented offense, the court in the order	78813
of disposition shall do one of the following:	78814

(1) Require that the child be provided treatment as described	78815
in division (A)(2) of section 5139.13 of the Revised Code;	78816

(2) Inform the person, organization, or entity that it is the	78817
preferred course of action in this state that the child be	78818
provided treatment as described in division (A)(2) of section	78819
5139.13 of the Revised Code and encourage the person,	78820
organization, or entity to provide that treatment.	78821

Sec. 2929.38. (A) A board of commissioners of a county, in an	78822
agreement with the sheriff, a legislative authority of a municipal	78823
corporation, a corrections commission, a judicial corrections	78824
board, or any other public or private entity that operates a local	78825
detention facility described in division (A) of section 2929.37 of	78826
the Revised Code, may establish a policy that requires any	78827
prisoner who is confined in the facility as a result of pleading	78828
guilty to or having been convicted of an offense to pay a one-time	78829
reception fee for the costs of processing the prisoner into the	78830
facility at the time of the prisoner's initial entry into the	78831
facility under the confinement in question, to pay a reasonable	78832
fee for any medical or dental treatment or service requested by	78833
and provided to that prisoner, and to pay the fee for a random	78834
drug test assessed under division (E) of section 341.26, and	78835
division (E) of section 753.33 of the Revised Code. The fee for	78836
the medical treatment or service shall not exceed the actual cost	78837
of the treatment or service provided. No prisoner confined in the	78838
local detention facility shall be denied any necessary medical	78839
care because of inability to pay the fees.	78840

(B) Upon assessment of a one-time reception fee as described	78841
in division (A) of this section, the provision of the requested	78842
medical treatment or service, or the assessment of a fee for a	78843
random drug test, payment of the required fee may be automatically	78844
deducted from the prisoner's inmate account in the business office	78845
of the local detention facility in which the prisoner is confined.	78846
If there is no money in the account, a deduction may be made at a	78847
later date during the prisoner's confinement if the money becomes	78848
available in the account. If, after release, the prisoner has an	78849
unpaid balance of those fees, the sheriff, legislative authority	78850
of the municipal corporation, corrections commission, judicial	78851
corrections board, or other entity that operates the local	78852
detention facility described in division (A) of section 2929.37 of	78853
the Revised Code may bill the prisoner for the payment of the	78854
unpaid fees. Fees received for medical or dental treatment or	78855
services shall be paid to the commissary fund, if one exists for	78856
the facility, or if no commissary fund exists, to the general fund	78857
of the treasury of the political subdivision that incurred the	78858
expenses, in the same proportion as those expenses were borne by	78859
the political subdivision. Fees received for medical treatment or	78860
services that are placed in the commissary fund under this	78861
division shall be used for the same purposes as profits from the	78862
commissary fund, except that they shall not be used to pay any	78863
salary or benefits of any person who works in or is employed for	78864
the sole purpose of providing service to the commissary.	78865

(C) Any fee paid by a person under this section shall be	78866
deducted from any medical or dental costs that the person is	78867
ordered to reimburse under a financial sanction imposed pursuant	78868
to section 2929.28 of the Revised Code or to repay under a policy	78869
adopted under section 2929.37 of the Revised Code.	78870

(D) As used in this section, "inmate account" has the same	78871
meaning as in section 2969.21 of the Revised Code.	78872

Sec. 4506.14.  (A) Commercial driver's licenses shall expire	78873
as follows:	78874

(1) Except as provided in division (A)(3) of this section,	78875
each such license issued to replace an operator's or chauffeur's	78876
license shall expire on the original expiration date of the	78877
operator's or chauffeur's license and, upon renewal, shall expire	78878
on the licensee's birthday in the fourth year after the date of	78879
issuance.	78880

(2) Except as provided in division (A)(3) of this section,	78881
each such license issued as an original license to a person whose	78882
residence is in this state shall expire on the licensee's birthday	78883
in the fourth year after the date of issuance, and each such	78884
license issued to a person whose temporary residence is in this	78885
state shall expire in accordance with rules adopted by the	78886
registrar of motor vehicles. A license issued to a person with a	78887
temporary residence in this state is nonrenewable, but may be	78888
replaced with a new license within ninety days prior to its	78889
expiration upon the applicant's compliance with all applicable	78890
requirements.	78891

(3) Each such license issued to replace the operator's or	78892
chauffeur's license of a person who is less than twenty-one years	78893
of age, and each such license issued as an original license to a	78894
person who is less than twenty-one years of age, shall expire on	78895
the licensee's twenty-first birthday.	78896

(B) No commercial driver's license shall be issued for a	78897
period longer than four years and ninety days. Except as provided	78898
in section 4507.12 of the Revised Code, the registrar may waive	78899
the examination of any person applying for the renewal of a	78900
commercial driver's license issued under this chapter, provided	78901
that the applicant presents either an unexpired commercial	78902
driver's license or a commercial driver's license that has expired	78903
not more than six months prior to the date of application.	78904

(C) Subject to the requirements of this chapter and except as	78905
provided in division (A)(2) of this section in regard to a person	78906
whose temporary residence is in this state, every commercial	78907
driver's license shall be renewable ninety days before its	78908
expiration upon payment of the fees required by section 4506.08 of	78909
the Revised Code. Each person applying for renewal of a commercial	78910
driver's license shall complete the application form prescribed by	78911
section 4506.07 of the Revised Code and shall provide all	78912
certifications required. If the person wishes to retain an	78913
endorsement authorizing the person to transport hazardous	78914
materials, the person shall take and successfully complete the	78915
written test for the endorsement and shall submit to any	78916
background check required by federal law.	78917

(D) Each person licensed as a driver under this chapter shall	78918
notify the registrar of any change in the person's address within	78919
ten days following that change. The notification shall be in	78920
writing on a form provided by the registrar and shall include the	78921
full name, date of birth, license number, county of residence,	78922
social security number, and new address of the person.	78923

(E) Whoever violates division (D) of this section is guilty	78924
of a minor misdemeanor.	78925

Sec. 4506.15.  (A) No person shall do any of the following:

78926

(1) Drive a commercial motor vehicle while having a	78927
measurable or detectable amount of alcohol or of a controlled	78928
substance in the person's blood, breath, or urine;	78929

(2) Drive a commercial motor vehicle while having an alcohol	78930
concentration of four-hundredths of one per cent or more;	78931

(3) Drive a commercial motor vehicle while under the	78932
influence of a controlled substance;	78933

(4) Knowingly leave the scene of an accident involving a	78934
commercial motor vehicle driven by the person;	78935

(5) Use a commercial motor vehicle in the commission of a	78936
felony;	78937

(6) Refuse to submit to a test under section 4506.17 of the	78938
Revised Code;	78939

(7) Violate an out-of-service order issued under this	78940
chapter;	78941

(8) Violate any prohibition described in divisions (A)(2) to	78942
(7) of this section while transporting hazardous materials;	78943

(9) Use a commercial motor vehicle in the commission of a	78944
felony involving the manufacture, distribution, or dispensing of a	78945
controlled substance as defined in section 3719.01 of the Revised	78946
Code;	78947

(10) Drive a commercial motor vehicle in violation of any	78948
provision of sections 4511.61 to 4511.63 of the Revised Code or	78949
any federal or local law or ordinance pertaining to	78950
railroad-highway grade crossings.	78951

(B) Whoever violates this section is guilty of a misdemeanor	78952
of the first degree.	78953

Sec. 4506.16.  (A) Whoever violates division (A)(1) of	78954
section 4506.15 of the Revised Code or a similar law of another	78955
state or a foreign jurisdiction, immediately shall be placed	78956
out-of-service for twenty-four hours, in addition to any	78957
disqualification required by this section and any other penalty	78958
imposed by the Revised Code.	78959

(B) The registrar of motor vehicles shall disqualify any	78960
person from operating a commercial motor vehicle as follows:	78961

(1) Subject to division (B)(4) of this section, uponUpon a	78962
first conviction for a violation of any provision of divisions	78963
(A)(2) to (7) of section 4506.15 of the Revised Code or a similar	78964
law of another state or a foreign jurisdiction, one year, in	78965
addition to any other penalty imposed by the Revised Code;	78966

(2) Upon a first conviction for a violation of division	78967
(A)(8) of section 4506.15 of the Revised Code or a similar law of	78968
another state or a foreign jurisdiction, three years, in addition	78969
to any other penalty imposed by the Revised Code;	78970

(3) Uponand upon a second conviction for a violation of any	78971
provision of divisions (A)(2) to (7) of section 4506.15 of the	78972
Revised Code or a similar law of another state or a foreign	78973
jurisdiction, or any combination of such violations arising from	78974
two or more separate incidents, the person shall be disqualified	78975
for life or for any other period of time as determined by the	78976
United States secretary of transportation and designated by the	78977
director of public safety by rule, in addition to any other	78978
penalty imposed by the Revised Code;	78979

(4)(2) Upon a first conviction for a violation of division	78980
(A)(8) of section 4506.15 of the Revised Code or a similar law of	78981
another state or a foreign jurisdiction, three years;	78982

(3) Upon conviction of a violation of division (A)(5)(9) of	78983
section 4506.15 of the Revised Code or a similar law of another	78984
state or a foreign jurisdiction in connection with the	78985
manufacture, distribution, or dispensing of a controlled substance	78986
or the possession with intent to manufacture, distribute, or	78987
dispense a controlled substance, the person shall be disqualified	78988
for life, in addition to any other penalty imposed by the Revised	78989
Code;	78990

(4) Upon a first conviction for a violation of division	78991
(A)(10) of section 4506.15 of the Revised Code or a similar law of	78992
another state or a foreign jurisdiction, occurring in a three-year	78993
period, the person shall be disqualified for not less than sixty	78994
days, upon a second conviction occurring in the three-year period,	78995
the person shall be disqualified for not less than one hundred	78996
twenty days, and upon a subsequent conviction occurring within a	78997
three-year period, the person shall be disqualified for not less	78998
than one year;	78999

(5) Upon conviction of two serious traffic violations	79000
involving the operation of a commercial motor vehicle by the	79001
person and arising from separate incidents occurring in a	79002
three-year period, the person shall be disqualified for sixty	79003
days, in addition to any other penalty imposed by the Revised	79004
Code;	79005

(6) Upon conviction of three serious traffic violations	79006
involving the operation of a commercial motor vehicle by the	79007
person and arising from separate incidents occurring in a	79008
three-year period, the person shall be disqualified for one	79009
hundred twenty days, in addition to any other penalty imposed by	79010
the Revised Code.	79011

(C) For the purposes of this section, conviction of a	79012
violation for which disqualification is required may be evidenced	79013
by any of the following:	79014

(1) A judgment entry of a court of competent jurisdiction in	79015
this or any other state;	79016

(2) An administrative order of a state agency of this or any	79017
other state having statutory jurisdiction over commercial drivers;	79018

(3) A computer record obtained from or through the commercial	79019
driver's license information system;	79020

(4) A computer record obtained from or through a state agency	79021
of this or any other state having statutory jurisdiction over	79022
commercial drivers or the records of commercial drivers.	79023

(D) Any record described in division (C) of this section	79024
shall be deemed to be self-authenticating when it is received by	79025
the bureau of motor vehicles.	79026

(E) When disqualifying a driver, the registrar shall cause	79027
the records of the bureau to be updated to reflect that action	79028
within ten days after it occurs.	79029

(F) The registrar immediately shall notify a driver who is	79030
finally convicted of any offense described in section 4506.15 of	79031
the Revised Code or division (B)(3), (4), (5), or (6) of this	79032
section and thereby is subject to disqualification, of the offense	79033
or offenses involved, of the length of time for which	79034
disqualification is to be imposed, and that the driver may request	79035
a hearing within thirty days of the mailing of the notice to show	79036
cause why the driver should not be disqualified from operating a	79037
commercial motor vehicle. If a request for such a hearing is not	79038
made within thirty days of the mailing of the notice, the order of	79039
disqualification is final. The registrar may designate hearing	79040
examiners who, after affording all parties reasonable notice,	79041
shall conduct a hearing to determine whether the disqualification	79042
order is supported by reliable evidence. The registrar shall adopt	79043
rules to implement this division.	79044

(G) Any person who is disqualified from operating a	79045
commercial motor vehicle under this section may apply to the	79046
registrar for a driver's license to operate a motor vehicle other	79047
than a commercial motor vehicle, provided the person's commercial	79048
driver's license is not otherwise suspended. A person whose	79049
commercial driver's license is suspended shall not apply to the	79050
registrar for or receive a driver's license under Chapter 4507. of	79051
the Revised Code during the period of suspension.	79052

(H) The disqualifications imposed under this section are in	79053
addition to any other penalty imposed by the Revised Code.	79054

Sec. 4506.20.  (A) Each employer shall require every	79055
applicant for employment as a driver of a commercial motor vehicle	79056
to provide the information specified in section 4506.20 of the	79057
Revised Code.	79058

(B) No employer shall knowingly permit or authorize any	79059
driver employed by the employer to drive a commercial motor	79060
vehicle during any period in which any of the following apply:	79061

(1) The driver's commercial driver's license is suspended,	79062
revoked, or canceled by any state or a foreign jurisdiction;	79063

(2) The driver has lost the privilege to drive, or currently	79064
is disqualified from driving, a commercial motor vehicle in any	79065
state or foreign jurisdiction;	79066

(3) The driver is subject to an out-of-service order in any	79067
state or foreign jurisdiction;	79068

(4) The driver has more than one driver's license.

79069

(C) No employer shall knowingly permit or authorize a driver	79070
to operate a commercial motor vehicle in violation of section	79071
4506.15 of the Revised Code.	79072

(D)(1) Whoever violates division (A) or (B) of this section	79073
is guilty of a misdemeanor of the first degree.	79074

(2) Whoever violates division (C) of this section may be	79075
assessed a fine not to exceed ten thousand dollars.	79076

Sec. 4511.33.  (A) Whenever any roadway has been divided into	79077
two or more clearly marked lanes for traffic, or wherever within	79078
municipal corporations traffic is lawfully moving in two or more	79079
substantially continuous lines in the same direction, the	79080
following rules apply:	79081

(1) A vehicle or trackless trolley shall be driven, as nearly	79082
as is practicable, entirely within a single lane or line of	79083
traffic and shall not be moved from such lane or line until the	79084
driver has first ascertained that such movement can be made with	79085
safety.	79086

(2) Upon a roadway which is divided into three lanes and	79087
provides for two-way movement of traffic, a vehicle or trackless	79088
trolley shall not be driven in the center lane except when	79089
overtaking and passing another vehicle or trackless trolley where	79090
the roadway is clearly visible and such center lane is clear of	79091
traffic within a safe distance, or when preparing for a left turn,	79092
or where such center lane is at the time allocated exclusively to	79093
traffic moving in the direction the vehicle or trackless trolley	79094
is proceeding and is posted with signs to give notice of such	79095
allocation.	79096

(3) Official signs may be erected directing specified traffic	79097
to use a designated lane or designating those lanes to be used by	79098
traffic moving in a particular direction regardless of the center	79099
of the roadway, or restricting the use of a particular lane to	79100
only buses during certain hours or during all hours, and drivers	79101
of vehicles and trackless trolleys shall obey the directions of	79102
such signs.	79103

(4) Official traffic control devices may be installed	79104
prohibiting the changing of lanes on sections of roadway and	79105
drivers of vehicles shall obey the directions of every such	79106
device.	79107

(B) Except as otherwise provided in this division, whoever	79108
violates this section is guilty of a minor misdemeanor. If, within	79109
one year of the offense, the offender previously has been	79110
convicted of or pleaded guilty to one predicate motor vehicle or	79111
traffic offense, whoever violates this section is guilty of a	79112
misdemeanor of the fourth degree. If, within one year of the	79113
offense, the offender previously has been convicted of two or more	79114
predicate motor vehicle or traffic offenses, whoever violates this	79115
section is guilty of a misdemeanor of the third degree.	79116

Sec. 4511.62.  (A)(1) Whenever any person driving a vehicle	79117
or trackless trolley approaches a railroad grade crossing, the	79118
person shall stop within fifty feet, but not less than fifteen	79119
feet from the nearest rail of the railroad if any of the following	79120
circumstances exist at the crossing:	79121

(a) A clearly visible electric or mechanical signal device	79122
gives warning of the immediate approach of a train.	79123

(b) A crossing gate is lowered.

79124

(c) A flagperson gives or continues to give a signal of the	79125
approach or passage of a train.	79126

(d) There is insufficient space on the other side of the	79127
railroad grade crossing to accommodate the vehicle or trackless	79128
trolley the person is operating without obstructing the passage of	79129
other vehicles, trackless trolleys, pedestrians, or railroad	79130
trains, notwithstanding any traffic control signal indication to	79131
proceed.	79132

(e) An approaching train is emitting an audible signal or is	79133
plainly visible and is in hazardous proximity to the crossing.	79134

(f) There is insufficient undercarriage clearance to safely	79135
negotiate the crossing.	79136

(2) A person who is driving a vehicle or trackless trolley	79137
and who approaches a railroad grade crossing shall not proceed as	79138
long as any of the circumstances described in divisions (A)(1)(a)	79139
to (e)(f) of this section exist at the crossing.	79140

(B) No person shall drive any vehicle through, around, or	79141
under any crossing gate or barrier at a railroad crossing while	79142
the gate or barrier is closed or is being opened or closed unless	79143
the person is signaled by a law enforcement officer or flagperson	79144
that it is permissible to do so.	79145

(C) Whoever violates this section is guilty of a misdemeanor	79146
of the fourth degree.	79147

Sec. 4511.63.  (A) The operator of any motor vehicle or	79148
trackless trolley, carrying passengers, for hire, of any school	79149
bus, any vehicle described in division (C) of this section, or of	79150
any vehicle carrying explosives or flammable liquids as	79151
transporting a cargo or as such part of a cargo asmaterial or	79152
materials required to constitute a hazardbe placarded under 49	79153
C.F.R. Parts 100-185, before crossing at grade any track of a	79154
railroad, shall stop the vehicle or trackless trolley and, while	79155
so stopped, shall listen through an open door or open window and	79156
look in both directions along the track for any approaching train,	79157
and for signals indicating the approach of a train, and shall	79158
proceed only upon exercising due care after stopping, looking, and	79159
listening as required by this section. Upon proceeding, the	79160
operator of such a vehicle shall cross only in a gear that will	79161
ensure there will be no necessity for changing gears while	79162
traversing the crossing and shall not shift gears while crossing	79163
the tracks.	79164

(B) This section does not apply at any of the following:

79165

(1) Streetstreet railway grade crossings within a municipal	79166
corporation, or to abandoned tracks, spur tracks, side tracks, and	79167
industrial tracks when the public utilities commission has	79168
authorized and approved the crossing of the tracks without making	79169
the stop required by this section;	79170

(2) Through June 30, 1995, a street railway grade crossing	79171
where out-of-service signs are posted in accordance with section	79172
4955.37 of the Revised Code.	79173

(C) This section applies to any vehicle used for the	79174
transportation of pupils to and from a school or school-related	79175
function if the vehicle is owned or operated by, or operated under	79176
contract with, a public or nonpublic school.	79177

(D) For purposes of this section, "bus" means any vehicle	79178
originally designed by its manufacturer to transport sixteen or	79179
more passengers, including the driver, or carries sixteen or more	79180
passengers, including the driver.	79181

(E) Except as otherwise provided in this division, whoever	79182
violates this section is guilty of a minor misdemeanor. If the	79183
offender previously has been convicted of or pleaded guilty to one	79184
or more violations of this section or section 4511.76, 4511.761,	79185
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code or a	79186
municipal ordinance that is substantially similar to any of those	79187
sections, whoever violates this section is guilty of a misdemeanor	79188
of the fourth degree.	79189

Sec. 4511.75.  (A) The driver of a vehicle, streetcar, or	79190
trackless trolley upon meeting or overtaking from either direction	79191
any school bus stopped for the purpose of receiving or discharging	79192
any school child, person attending programs offered by community	79193
boards of mental health and county boards of mental retardation	79194
and developmental disabilities, or child attending a program	79195
offered by a head start agency, shall stop at least ten feet from	79196
the front or rear of the school bus and shall not proceed until	79197
such school bus resumes motion, or until signaled by the school	79198
bus driver to proceed.	79199

It is no defense to a charge under this division that the	79200
school bus involved failed to display or be equipped with an	79201
automatically extended stop warning sign as required by division	79202
(B) of this section.	79203

(B) Every school bus shall be equipped with amber and red	79204
visual signals meeting the requirements of section 4511.771 of the	79205
Revised Code, and an automatically extended stop warning sign of a	79206
type approved by the state board of education, which shall be	79207
actuated by the driver of the bus whenever but only whenever the	79208
bus is stopped or stopping on the roadway for the purpose of	79209
receiving or discharging school children, persons attending	79210
programs offered by community boards of mental health and county	79211
boards of mental retardation and developmental disabilities, or	79212
children attending programs offered by head start agencies. A	79213
school bus driver shall not actuate the visual signals or the stop	79214
warning sign in designated school bus loading areas where the bus	79215
is entirely off the roadway or at school buildings when children	79216
or persons attending programs offered by community boards of	79217
mental health and county boards of mental retardation and	79218
developmental disabilities are loading or unloading at curbside or	79219
at buildings when children attending programs offered by head	79220
start agencies are loading or unloading at curbside. The visual	79221
signals and stop warning sign shall be synchronized or otherwise	79222
operated as required by rule of the board.	79223

(C) Where a highway has been divided into four or more	79224
traffic lanes, a driver of a vehicle, streetcar, or trackless	79225
trolley need not stop for a school bus approaching from the	79226
opposite direction which has stopped for the purpose of receiving	79227
or discharging any school child, persons attending programs	79228
offered by community boards of mental health and county boards of	79229
mental retardation and developmental disabilities, or children	79230
attending programs offered by head start agencies. The driver of	79231
any vehicle, streetcar, or trackless trolley overtaking the school	79232
bus shall comply with division (A) of this section.	79233

(D) School buses operating on divided highways or on highways	79234
with four or more traffic lanes shall receive and discharge all	79235
school children, persons attending programs offered by community	79236
boards of mental health and county boards of mental retardation	79237
and developmental disabilities, and children attending programs	79238
offered by head start agencies on their residence side of the	79239
highway.	79240

(E) No school bus driver shall start the driver's bus until	79241
after any child, person attending programs offered by community	79242
boards of mental health and county boards of mental retardation	79243
and developmental disabilities, or child attending a program	79244
offered by a head start agency who may have alighted therefrom has	79245
reached a place of safety on the child's or person's residence	79246
side of the road.	79247

(F)(1) Whoever violates division (A) of this section may be	79248
fined an amount not to exceed five hundred dollars. A person who	79249
is issued a citation for a violation of division (A) of this	79250
section is not permitted to enter a written plea of guilty and	79251
waive the person's right to contest the citation in a trial but	79252
instead must appear in person in the proper court to answer the	79253
charge.	79254

(2) In addition to and independent of any other penalty	79255
provided by law, the court or mayor may impose upon an offender	79256
who violates this section a class seven suspension of the	79257
offender's driver's license, commercial driver's license,	79258
temporary instruction permit, probationary license, or nonresident	79259
operating privilege from the range specified in division (A)(7) of	79260
section 4510.02 of the Revised Code. When a license is suspended	79261
under this section, the court or mayor shall cause the offender to	79262
deliver the license to the court, and the court or clerk of the	79263
court immediately shall forward the license to the registrar of	79264
motor vehicles, together with notice of the court's action.	79265

(G) As used in this section:

79266

(1) "Head start agency" has the same meaning as in division	79267
(A)(1) of section 3301.31 of the Revised Code.	79268

(2) "School bus," as used in relation to children who attend	79269
a program offered by a head start agency, means a bus that is	79270
owned and operated by a head start agency, is equipped with an	79271
automatically extended stop warning sign of a type approved by the	79272
state board of education, is painted the color and displays the	79273
markings described in section 4511.77 of the Revised Code, and is	79274
equipped with amber and red visual signals meeting the	79275
requirements of section 4511.771 of the Revised Code, irrespective	79276
of whether or not the bus has fifteen or more children aboard at	79277
any time. "School bus" does not include a van owned and operated	79278
by a head start agency, irrespective of its color, lights, or	79279
markings.	79280

Section 3.08. That the existing versions of sections 307.93,	79281
2152.19, 2929.38, 4506.14, 4506.15, 4506.16, 4506.20, 4511.33,	79282
4511.62, 4511.63, and 4511.75 of the Revised Code that are	79283
scheduled to take effect January 1, 2004, are hereby repealed.	79284

Section 3.09. Sections 3.07 and 3.08 of this act take effect	79285
January 1, 2004, except section 4511.75 of the Revised Code, as	79286
amended in those sections of this act, takes effect July 1, 2004.	79287
The amendment of section 4511.75 of the Revised Code by those	79288
sections of this act is not intended to supersede the amendment of	79289
the version of section 4511.75 of the Revised Code that is	79290
scheduled to take effect January 1, 2004.	79291

Section 3.09A. That the version of section 5739.033 of the	79292
Revised Code as it results from Am. Sub. S.B. 143 of the 124th	79293
General Assembly, as amended by H.B. 675 of the 124th General	79294
Assembly, be amended to read as follows:	79295

Sec. 5739.033.  The amount of tax due pursuant to sections	79296
5739.02, 5739.021, 5739.023, and 5739.026 of the Revised Code is	79297
the sum of the taxes imposed pursuant to those sections at the	79298
situssourcing location of the sale as determined under this	79299
section or, if applicable, under division (C) of section 5739.031	79300
or section 5739.034 of the Revised Code. This section applies only	79301
to a vendor's or seller's obligation to collect and remit sales	79302
taxes under section 5739.02, 5739.021, 5739.023, or 5739.026 of	79303
the Revised Code or use taxes under section 5741.02, 5741.021,	79304
5741.022, or 5741.023 of the Revised Code. This section does not	79305
affect the obligation of a consumer to remit use taxes on the	79306
storage, use, or other consumption of tangible personal property	79307
or on the benefit realized of any service provided, to the	79308
jurisdiction of that storage, use, or consumption, or benefit	79309
realized.	79310

(A) Except for sales, other than leases, of titled motor	79311
vehicles, titled watercraft, or titled outboard motors as provided	79312
in section 5741.05 of the Revised Code, or as otherwise provided	79313
in this section and section 5739.034 of the Revised Code, the	79314
situs of all sales is the vendor's place of business.shall be	79315
sourced as follows:	79316

(1) If the consumer or the consumer'sa donee designated by	79317
the consumer receives tangible personal property or a service at a	79318
vendor's place of business of the vendor, the situs of the sale is	79319
shall be sourced to that place of business.	79320

(2) When the tangible personal property or service is not	79321
received at a vendor's place of business, the situs of the sale is	79322
shall be sourced to the location known to the vendor where the	79323
consumer or athe donee designated by the consumer receives the	79324
tangible personal property or service, including the location	79325
indicated by instructions for delivery to the consumer or the	79326
consumer's donee, known to the vendor.	79327

(3) If divisions (A)(1) and (2) of this section do not apply,	79328
the situs of the sale isshall be sourced to the location	79329
indicated by an address for the consumer that is available from	79330
the vendor's business records of the vendor that are maintained in	79331
the ordinary course of the vendor's business, when use of that	79332
address does not constitute bad faith.	79333

(4) If divisions (A)(1), (2), and (3) of this section do not	79334
apply, the situs of the sale isshall be sourced to the location	79335
indicated by an address for the consumer obtained during the	79336
consummation of the sale, including the address associated with	79337
the consumer's payment instrument, if no other address is	79338
available, when use of that address does not constitute bad faith.	79339

(5) If divisions (A)(1), (2), (3), and (4) of this section do	79340
not apply, including in the circumstance where the vendor is	79341
without sufficient information to apply any of those divisions,	79342
the situs of the sale isshall be sourced to the address from	79343
which tangible personal property was shipped, or from which the	79344
service was provided, disregarding any location that merely	79345
provided the electronic transfer of the property sold or service	79346
provided.	79347

(6) As used in division (A) of this section, "receive" means	79348
taking possession of tangible personal property or making first	79349
use of a service. "Receive" does not include possession by a	79350
shipping company on behalf of a consumer.	79351

(B)(1) Notwithstanding divisions (A)(1) to (5) of this	79352
section, a manufacturer or other consumer that is not a holder of	79353
a direct payment permit granted under section 5739.031 of the	79354
Revised Code, that purchases tangible personal propertycomputer	79355
software delivered electronically or a service for use in	79356
business, and that knows at the time of purchase that the property	79357
such software or service will be concurrently available for use in	79358
more than one taxing jurisdiction shall deliver to the vendor in	79359
conjunction with its purchase a multiple points of use exemption	79360
form prescribed by the tax commissioner disclosing this fact. On	79361
receipt of the multiple points of use exemption form, the vendor	79362
is relieved of its obligation to collect, pay, or remit the tax	79363
due, and the consumer must collect, pay, or remit the tax directly	79364
to the state.	79365

(2) A consumer that delivers such form to a vendor may use	79366
any reasonable, consistent, and uniform method of apportioning the	79367
tax due on the tangible personal propertycomputer software	79368
delivered electronically or service for use in business that is	79369
supported by the consumer's business records as they existed at	79370
the time of the sale.	79371

(3) The multiple points of use exemption form shall remain in	79372
effect for all future sales by the vendor to the consumer until it	79373
is revoked in writing by the consumer, except as to the consumer's	79374
specific apportionment of a subsequent sale under division (B)(2)	79375
of this section and the facts existing at the time of the sale.	79376

(C) A person who holds a direct payment permit issued under	79377
section 5739.031 of the Revised Code is not required to deliver a	79378
multiple points of use exemption form to a vendor. But such permit	79379
holder shall comply with division (B)(2) of this section in	79380
apportioning the tax due on tangible personal propertycomputer	79381
software delivered electronically or a service used in business	79382
that will be concurrently available for use in more than one	79383
taxing jurisdiction.	79384

(D) Except as provided in division (F) of this section:

79385

(1) If the vendor provides a service specified in division	79386
(B)(3)(f) or (i) of section 5739.01 of the Revised Code, the situs	79387
of the sale is the location of the telephone number or account as	79388
reflected in the records of the vendor.	79389

(2) In the case of a telecommunications service, if the	79390
telephone number or account is located outside this state, the	79391
situs of the sale is the location in this state from which the	79392
service originated(1) Notwithstanding divisions (A)(1) to (5) of	79393
this section, the purchaser of direct mail that is not a holder of	79394
a direct payment permit shall provide to the vendor in conjunction	79395
with the purchase either a direct mail form prescribed by the tax	79396
commissioner, or information to show the jurisdictions to which	79397
the direct mail is delivered to recipients.	79398

(2) Upon receipt of a direct mail form, the vendor is	79399
relieved of all obligations to collect, pay, or remit the	79400
applicable tax and the purchaser is obligated to pay that tax on a	79401
direct pay basis. A direct mail form shall remain in effect for	79402
all future sales of direct mail by the vendor to the purchaser	79403
until it is revoked in writing.	79404

(3) Upon receipt of information from the purchaser showing	79405
the jurisdictions to which the direct mail is delivered to	79406
recipients, the vendor shall collect the tax according to the	79407
delivery information provided by the purchaser. In the absence of	79408
bad faith, the vendor is relieved of any further obligation to	79409
collect tax on any transaction where the vendor has collected tax	79410
pursuant to the delivery information provided by the purchaser.	79411

(4) If the purchaser of direct mail does not have a direct	79412
payment permit and does not provide the vendor with either a	79413
direct mail form or delivery information as required by division	79414
(D)(1) of this section, the vendor shall collect the tax according	79415
to division (A)(5) of this section. Nothing in division (D)(4) of	79416
this section shall limit a purchaser's obligation to pay sales or	79417
use tax to any state to which the direct mail is delivered.	79418

(5) If a purchaser of direct mail provides the vendor with	79419
documentation of direct payment authority, the purchaser shall not	79420
be required to provide a direct mail form or delivery information	79421
to the vendor.	79422

(E) If the vendor provides lodging to transient guests as	79423
specified in division (B)(2) of section 5739.01 of the Revised	79424
Code, the situs of the sale isshall be sourced to the location	79425
where the lodging is located.	79426

(F) Except as otherwise provided in this division, if the	79427
vendor sells a prepaid authorization number or a prepaid telephone	79428
calling card, the situs of the sale is the vendor's place of	79429
business and shall be taxed at the time of sale. If the vendor	79430
sells a prepaid authorization number or prepaid telephone calling	79431
card through a telephone call, electronic commerce, or any other	79432
form of remote commerce, the situs of the sale is the consumer's	79433
shipping address, or, if there is no item shipped, at the	79434
consumer's billing address(1) As used in this division and	79435
division (G) of this section, "transportation equipment" means any	79436
of the following:	79437

(a) Locomotives and railcars that are utilized for the	79438
carriage of persons or property in interstate commerce.	79439

(b) Trucks and truck-tractors with a gross vehicle weight	79440
rating of greater than ten thousand pounds, trailers,	79441
semi-trailers, or passenger buses that are registered through the	79442
international registration plan and are operated under authority	79443
of a carrier authorized and certificated by the United States	79444
department of transportation or another federal authority to	79445
engage in the carriage of persons or property in interstate	79446
commerce.	79447

(c) Aircraft that are operated by air carriers authorized and	79448
certificated by the United States department of transportation or	79449
another federal authority to engage in the carriage of persons or	79450
property in interstate or foreign commerce.	79451

(d) Containers designed for use on and component parts	79452
attached to or secured on the items set forth in division	79453
(F)(1)(a), (b), or (c) of this section.	79454

(2) A sale, lease, or rental of transportation equipment	79455
shall be sourced pursuant to division (A) of this section.	79456

(G)(1) A lease or rental of tangible personal property that	79457
does not require recurring periodic payments shall be sourced	79458
pursuant to division (A) of this section.	79459

(2) A lease or rental of tangible personal property that	79460
requires recurring periodic payments shall be sourced as follows:	79461

(a) In the case of a motor vehicle, other than a motor	79462
vehicle that is transportation equipment, such lease or rental	79463
shall be sourced to the primary property location as follows:	79464

(i) For a lease or rental taxed pursuant to division (A)(2)	79465
of section 5739.02 of the Revised Code, the primary property	79466
location is the address of the lessee or renter used for titling	79467
the motor vehicle pursuant to section 4505.06 of the Revised Code	79468
at the time the lease or rental is consummated.	79469

(ii) For a lease or rental taxed pursuant to division (A)(3)	79470
of section 5739.02 of the Revised Code, the primary property	79471
location for each lease or rental installment is the primary	79472
property location for the period covered by the installment.	79473

(b) In the case of an aircraft, other than an aircraft that	79474
is transportation equipment, such lease or rental shall be sourced	79475
to the primary property location as follows:	79476

(i) For a lease or rental taxed pursuant to division (A)(2)	79477
of section 5739.02 of the Revised Code, the primary property	79478
location is the primary property location at the time the lease or	79479
rental is consummated.	79480

(ii) For a lease or rental taxed pursuant to division (A)(3)	79481
of section 5739.02 of the Revised Code, the primary property	79482
location for each lease or rental installment is the primary	79483
property location for the period covered by the installment.	79484

(c) In the case of a watercraft or an outboard motor required	79485
to be titled in this state pursuant to Chapter 1548. of the	79486
Revised Code, such lease or rental shall be sourced to the primary	79487
property location as follows:	79488

(i) For a lease or rental taxed pursuant to division (A)(2)	79489
of section 5739.02 of the Revised Code, the primary property	79490
location is the address of the lessee or renter shown on the	79491
title.	79492

(ii) For a lease or rental taxed pursuant to division (A)(3)	79493
of section 5739.02 of the Revised Code, the primary property	79494
location for the initial lease or rental installment is the	79495
address of the lessee or renter shown on the title. For each	79496
subsequent installment, the primary property location is the	79497
primary property location for the period covered by the	79498
installment.	79499

(d) In the case of a lease or rental of all other tangible	79500
personal property, other than transportation equipment, such lease	79501
or rental shall be sourced as follows:	79502

(i) For a lease or rental that is taxed pursuant to division	79503
(A)(2) of section 5739.02 of the Revised Code, the lease or rental	79504
shall be sourced pursuant to division (A) of this section at the	79505
time the lease or rental is consummated.	79506

(ii) For a lease or rental that is taxed pursuant to division	79507
(A)(3) of section 5739.02 of the Revised Code, the initial lease	79508
or rental installment shall be sourced pursuant to division (A) of	79509
this section. Each subsequent installment shall be sourced to the	79510
primary property location for the period covered by the	79511
installment.	79512

(3) As used in division (G) of this section, "primary	79513
property location" means an address for tangible personal property	79514
provided by the lessee or renter that is available to the lessor	79515
or owner from its records maintained in the ordinary course of	79516
business, when use of that address does not constitute bad faith.	79517

Section 3.09B. That the existing version of section 5739.033	79518
of the Revised Code as it results from Am. Sub. S.B. 143 of the	79519
124th General Assembly, as amended by H.B. 675 of the 124th	79520
General Assembly, is hereby repealed.	79521

Section 3.09C. The amendments in Sections 3.09A and 3.09B of	79522
this act provide for or are essential to the implementation of a	79523
tax levy. Therefore, under Ohio Constitution, Article II, Section	79524
1d, those Sections are not subject to the referendum and go into	79525
effect January 1, 2004.	79526

Section 3.10. Section 4723.063 of the Revised Code is hereby	79527
repealed, effective December 31, 2013.	79528

Section 3.11. That the version of section 5101.28 of the	79529
Revised Code that is scheduled to take effect January 1, 2004, be	79530
amended to read as follows:	79531

Sec. 5101.28.  (A) The department of job and family services	79532
shall enter into written agreements with law enforcement agencies	79533
to exchange, obtain, or share(1) On request of the department of	79534
job and family services or a county agency, a law enforcement	79535
agency shall provide information regarding public assistance	79536
recipients to enable the department,or county agencies, and law	79537
enforcement agenciesagency to determine, for eligibility	79538
purposes, whether a recipient or a member of a recipient's	79539
assistance group is either of the following:	79540

(1) Aa fugitive felon;

79541

(2) Violatingfelon or violating a condition of probation, a	79542
community control sanction, parole, or a post-release control	79543
sanction imposed under state or federal law.	79544

(2) A county agency may enter into a written agreement with a	79545
local law enforcement agency establishing procedures concerning	79546
access to information and providing for compliance with division	79547
(F) of this section.	79548

(B) TheTo the extent permitted by federal law, the	79549
department and county agencies shall provide information, except	79550
information directly related to the receipt of medical assistance	79551
or medical services, regarding recipients of public assistance	79552
under a program administered by the state department or a county	79553
agency pursuant to Chapter 5107., 5108., or 5115. of the Revised	79554
Code to law enforcement agencies on request for the purposes of	79555
investigations, prosecutions, and criminal and civil proceedings	79556
that are within the scope of the law enforcement agencies'	79557
official duties.	79558

(C) Information about a recipient shall be exchanged,	79559
obtained, or shared only if the department, county agency, or law	79560
enforcement agency requesting the information gives sufficient	79561
information to specifically identify the recipient. In addition to	79562
the recipient's name, identifying information may include the	79563
recipient's current or last known address, social security number,	79564
other identifying number, age, gender, physical characteristics,	79565
any information specified in an agreement entered into under	79566
division (A) of this section, or any information considered	79567
appropriate by the department or agency.	79568

(D)(1) The department and its officers and employees are not	79569
liable in damages in a civil action for any injury, death, or loss	79570
to person or property that allegedly arises from the release of	79571
information in accordance with divisions (A), (B), and (C) of this	79572
section. This section does not affect any immunity or defense that	79573
the department and its officers and employees may be entitled to	79574
under another section of the Revised Code or the common law of	79575
this state, including section 9.86 of the Revised Code.	79576

(2) The county agencies and their employees are not liable in	79577
damages in a civil action for any injury, death, or loss to person	79578
or property that allegedly arises from the release of information	79579
in accordance with divisions (A), (B), and (C) of this section.	79580
"Employee" has the same meaning as in division (B) of section	79581
2744.01 of the Revised Code. This section does not affect any	79582
immunity or defense that the county agencies and their employees	79583
may be entitled to under another section of the Revised Code or	79584
the common law of this state, including section 2744.02 and	79585
division (A)(6) of section 2744.03 of the Revised Code.	79586

(E) To the extent permitted by federal law, the department	79587
and county agencies shall provide access to information to the	79588
auditor of state acting pursuant to Chapter 117. or sections	79589
5101.181 and 5101.182 of the Revised Code and to any other	79590
government entity authorized by or federal law to conduct an audit	79591
of or similar activity involving a public assistance program.	79592

(F) The auditor of state shall prepare an annual report on	79593
the outcome of the agreements required under division (A) of this	79594
section. The report shall include the number of fugitive felons,	79595
probation and parole violators, and violators of community control	79596
sanctions and post-release control sanctions apprehended during	79597
the immediately preceding year as a result of the exchange of	79598
information pursuant to that division. The auditor of state shall	79599
file the report with the governor, the president and minority	79600
leader of the senate, and the speaker and minority leader of the	79601
house of representatives. The state department, county agencies,	79602
and law enforcement agencies shall cooperate with the auditor of	79603
state's office in gathering the information required under this	79604
division.	79605

(G) To the extent permitted by federal law, the department of	79606
job and family services, county departments of job and family	79607
services, and employees of the departments may report to a public	79608
children services agency or other appropriate agency information	79609
on known or suspected physical or mental injury, sexual abuse or	79610
exploitation, or negligent treatment or maltreatment, of a child	79611
receiving public assistance, if circumstances indicate that the	79612
child's health or welfare is threatened.	79613

(H) As used in this section:

79614

(1) "Community control sanction" has the same meaning as in	79615
section 2929.01 of the Revised Code.	79616

(2) "Post-release control sanction" has the same meaning as	79617
in section 2967.01 of the Revised Code.	79618

Section 3.12. That the existing version of section 5101.28 of	79619
the Revised Code that is scheduled to take effect January 1, 2004,	79620
is hereby repealed.	79621

Section 3.13. Sections 3.11 and 3.12 of this act shall take	79622
effect January 1, 2004.	79623

Section 3.14. That the version of section 5743.45 of the	79624
Revised Code that is scheduled to take effect January 1, 2004, be	79625
amended to read as follows:	79626

Sec. 5743.45.  (A) As used in this section, "felony" has the	79627
same meaning as in section 109.511 of the Revised Code.	79628

(B) For purposes of enforcing this chapter and Chapters	79629
5728., 5735., 5739., 5741., and 5747. of the Revised Code and	79630
subject to division (C) of this section, the tax commissioner, by	79631
journal entry, may delegate any investigation powers of the	79632
commissioner to an employee of the department of taxation who has	79633
been certified by the Ohio peace officer training commission and	79634
who is engaged in the enforcement of those chapters. A separate	79635
journal entry shall be entered for each employee to whom that	79636
power is delegated. Each journal entry shall be a matter of public	79637
record and shall be maintained in an administrative portion of the	79638
journal as provided for in division (L) of section 5703.05 of the	79639
Revised Code. When that journal entry is completed, the employee	79640
to whom it pertains, while engaged within the scope of the	79641
employee's duties in enforcing the provisions of this chapter or	79642
Chapter 5728., 5735., 5739., 5741., or 5747. of the Revised Code,	79643
has the power of a police officer to carry concealed weapons, make	79644
arrests, and obtain warrants for violations of any provision in	79645
those chapters. The commissioner, at any time, may suspend or	79646
revoke the commissioner's delegation by journal entry. No employee	79647
of the department shall divulge any information acquired as a	79648
result of an investigation pursuant to this chapter or Chapter	79649
5728., 5735., 5739., 5741., or 5747. of the Revised Code, except	79650
as may be required by the commissioner or a court.	79651

(C)(1) The tax commissioner shall not delegate any	79652
investigation powers to an employee of the department of taxation	79653
pursuant to division (B) of this section on a permanent basis, on	79654
a temporary basis, for a probationary term, or on other than a	79655
permanent basis if the employee previously has been convicted of	79656
or has pleaded guilty to a felony.	79657

(2)(a) The tax commissioner shall revoke the delegation of	79658
investigation powers to an employee to whom the delegation was	79659
made pursuant to division (B) of this section if that employee	79660
does either of the following:	79661

(i) Pleads guilty to a felony;

79662

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	79663
plea agreement as provided in division (D) of section 2929.43 of	79664
the Revised Code in which the employee agrees to surrender the	79665
certificate awarded to that employee under section 109.77 of the	79666
Revised Code.	79667

(b) The tax commissioner shall suspend the delegation of	79668
investigation powers to an employee to whom the delegation was	79669
made pursuant to division (B) of this section if that employee is	79670
convicted, after trial, of a felony. If the employee files an	79671
appeal from that conviction and the conviction is upheld by the	79672
highest court to which the appeal is taken or if the employee does	79673
not file a timely appeal, the commissioner shall revoke the	79674
delegation of investigation powers to that employee. If the	79675
employee files an appeal that results in that employee's acquittal	79676
of the felony or conviction of a misdemeanor, or in the dismissal	79677
of the felony charge against that employee, the commissioner shall	79678
reinstate the delegation of investigation powers to that employee.	79679
The suspension, revocation, and reinstatement of the delegation of	79680
investigation powers to an employee under division (C)(2) of this	79681
section shall be made by journal entry pursuant to division (B) of	79682
this section. An employee to whom the delegation of investigation	79683
powers is reinstated under division (C)(2)(b) of this section	79684
shall not receive any back pay for the exercise of those	79685
investigation powers unless that employee's conviction of the	79686
felony was reversed on appeal, or the felony charge was dismissed,	79687
because the court found insufficient evidence to convict the	79688
employee of the felony.	79689

(3) Division (C) of this section does not apply regarding an	79690
offense that was committed prior to January 1, 1997.	79691

(4) The suspension or revocation of the delegation of	79692
investigation powers to an employee under division (C)(2) of this	79693
section shall be in accordance with Chapter 119. of the Revised	79694
Code.	79695

Section 3.15. That the existing version of section 5743.45 of	79696
the Revised Code that is scheduled to take effect January 1, 2004,	79697
is hereby repealed.	79698

Section 3.16. Sections 3.14 and 3.15 of this act take effect	79699
January 1, 2004.	79700

Section 3.17. Section 5111.161 of the Revised Code is hereby	79701
repealed, effective October 1, 2005.	79702

Section 4.  Except as otherwise provided, all appropriation	79703
items (AI) in this act are appropriated out of any moneys in the	79704
state treasury to the credit of the designated fund that are not	79705
otherwise appropriated. For all appropriations made in this act,	79706
the amounts in the first column are for fiscal year 2004 and the	79707
amounts in the second column are for fiscal year 2005.	79708

Section 5.  ACC ACCOUNTANCY BOARD OF OHIO

79710

General Services Fund Group

79711

Section 6.  PAY ACCRUED LEAVE LIABILITY

79718

Accrued Leave Liability Fund Group

79719

Agency Fund Group

79724

ACCRUED LEAVE LIABILITY FUND

79731

The foregoing appropriation item 995-666, Accrued Leave Fund,	79732
shall be used to make payments from the Accrued Leave Liability	79733
Fund (Fund 806), pursuant to section 125.211 of the Revised Code.	79734
If it is determined by the Director of Budget and Management that	79735
additional amounts are necessary, the amounts are appropriated.	79736

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

79737

The foregoing appropriation item 995-667, Disability Fund,	79738
shall be used to make payments from the State Employee Disability	79739
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the	79740
Revised Code. If it is determined by the Director of Budget and	79741
Management that additional amounts are necessary, the amounts are	79742
appropriated.	79743

STATE EMPLOYEE HEALTH BENEFIT FUND

79744

The foregoing appropriation item 995-668, State Employee	79745
Health Benefit Fund, shall be used to make payments from the State	79746
Employee Health Benefit Fund (Fund 808), pursuant to section	79747
124.87 of the Revised Code. If it is determined by the Director of	79748
Budget and Management that additional amounts are necessary, the	79749
amounts are appropriated.	79750

DEPENDENT CARE SPENDING ACCOUNT

79751

The foregoing appropriation item 995-669, Dependent Care	79752
Spending Account, shall be used to make payments from the	79753
Dependent Care Spending Account (Fund 809) to employees eligible	79754
for dependent care expenses. If it is determined by the Director	79755
of Budget and Management that additional amounts are necessary,	79756
the amounts are appropriated.	79757

LIFE INSURANCE INVESTMENT FUND

79758

The foregoing appropriation item 995-670, Life Insurance	79759
Investment Fund, shall be used to make payments from the Life	79760
Insurance Investment Fund (Fund 810) for the costs and expenses of	79761
the state's life insurance benefit program pursuant to section	79762
125.212 of the Revised Code. If it is determined by the Director	79763
of Budget and Management that additional amounts are necessary,	79764
the amounts are appropriated.	79765

PARENTAL LEAVE BENEFIT FUND

79766

The foregoing appropriation item 995-671, Parental Leave	79767
Benefit Fund, shall be used to make payments from the Parental	79768
Leave Benefit Fund (Fund 811) to employees eligible for parental	79769
leave benefits pursuant to section 124.137 of the Revised Code. If	79770
it is determined by the Director of Budget and Management that	79771
additional amounts are necessary, the amounts are appropriated.	79772

Section 7.  ADJ ADJUTANT GENERAL

79773

General Revenue Fund

79774

General Services Fund Group

79781

Federal Special Revenue Fund Group

79786

State Special Revenue Fund Group

79793

Section 8. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

79798

General Revenue Fund

79799

General Services Fund Group

79820

Intragovernmental Service Fund Group

79843

Agency Fund Group

79848

Holding Account Redistribution Fund Group

79852

Section 8.01.  AGENCY AUDIT EXPENSES

79858

The foregoing appropriation item 100-405, Agency Audit	79859
Expenses, shall be used for auditing expenses designated in	79860
division (A)(1) of section 117.13 of the Revised Code for those	79861
state agencies audited on a biennial basis.	79862

Section 8.02. OHIO BUILDING AUTHORITY

79863

The foregoing appropriation item 100-447, OBA - Building Rent	79864
Payments, shall be used to meet all payments at the times they are	79865
required to be made during the period from July 1, 2003, to June	79866
30, 2005, by the Department of Administrative Services to the Ohio	79867
Building Authority pursuant to leases and agreements under Chapter	79868
152. of the Revised Code, but limited to the aggregate amount of	79869
$222,702,700. These appropriations are the source of funds pledged	79870
for bond service charges on obligations issued pursuant to Chapter	79871
152. of the Revised Code.	79872

The foregoing appropriation item 100-448, OBA - Building	79873
Operating Payments, shall be used to meet all payments at the	79874
times that they are required to be made during the period from	79875
July 1, 2003, to June 30, 2005, by the Department of	79876
Administrative Services to the Ohio Building Authority pursuant to	79877
leases and agreements under Chapter 152. of the Revised Code, but	79878
limited to the aggregate amount of $51,448,800.	79879

The payments to the Ohio Building Authority are for the	79880
purpose of paying the expenses of agencies that occupy space in	79881
the various state facilities. The Department of Administrative	79882
Services may enter into leases and agreements with the Ohio	79883
Building Authority providing for the payment of these expenses.	79884
The Ohio Building Authority shall report to the Department of	79885
Administrative Services and the Office of Budget and Management	79886
not later than five months after the start of a fiscal year the	79887
actual expenses incurred by the Ohio Building Authority in	79888
operating the facilities and any balances remaining from payments	79889
and rentals received in the prior fiscal year. The Department of	79890
Administrative Services shall reduce subsequent payments by the	79891
amount of the balance reported to it by the Ohio Building	79892
Authority.	79893

Section 8.03.  DAS - BUILDING OPERATING PAYMENTS

79894

The foregoing appropriation item 100-449, DAS - Building	79895
Operating Payments, shall be used to pay the rent expenses of	79896
veterans organizations pursuant to section 123.024 of the Revised	79897
Code in fiscal years 2004 and 2005.	79898

The foregoing appropriation item, 100-449, DAS - Building	79899
Operating Payments, may be used to provide funding for the cost of	79900
property appraisals or building studies that the Department of	79901
Administrative Services may be required to obtain for property	79902
that is being sold by the state or property under consideration to	79903
be renovated or purchased by the state.	79904

Notwithstanding section 125.28 of the Revised Code, the	79905
remaining portion of the appropriation may be used to pay the	79906
operating expenses of state facilities maintained by the	79907
Department of Administrative Services that are not billed to	79908
building tenants. These expenses may include, but are not limited	79909
to, the costs for vacant space and space undergoing renovation,	79910
and the rent expenses of tenants that are relocated due to	79911
building renovations. These payments shall be processed by the	79912
Department of Administrative Services through intrastate transfer	79913
vouchers and placed in the Building Management Fund (Fund 132).	79914

Section 8.04.  CENTRAL SERVICE AGENCY FUND

79915

The Director of Budget and Management may transfer up to	79916
$423,200 in fiscal year 2004 and up to $427,700 in fiscal year	79917
2005 from the Occupational Licensing and Regulatory Fund (Fund	79918
4K9) to the Central Service Agency Fund (Fund 115). The Director	79919
of Budget and Management may transfer up to $40,700 in fiscal year	79920
2004 and up to $41,200 in fiscal year 2005 from the State Medical	79921
Board Operating Fund (Fund 5C6) to the Central Service Agency Fund	79922
(Fund 115). The appropriation item 100-632, Central Service	79923
Agency, shall be used to purchase the necessary equipment,	79924
products, and services to maintain a local area network for the	79925
professional licensing boards, and to support their licensing	79926
applications in fiscal years 2004 and 2005. The amount of the cash	79927
transfer is appropriated to appropriation item 100-632, Central	79928
Service Agency.	79929

Section 8.05.  COLLECTIVE BARGAINING ARBITRATION EXPENSES

79930

With approval of the Director of Budget and Management, the	79931
Department of Administrative Services may seek reimbursement from	79932
state agencies for the actual costs and expenses the department	79933
incurs in the collective bargaining arbitration process. The	79934
reimbursements shall be processed through intrastate transfer	79935
vouchers and placed in the Collective Bargaining Fund (Fund 128).	79936

Section 8.06. EQUAL OPPORTUNITY PROGRAM

79937

The Department of Administrative Services, with the approval	79938
of the Director of Budget and Management, shall establish charges	79939
for recovering the costs of administering the activities supported	79940
by the State EEO Fund (Fund 188). These charges shall be deposited	79941
to the credit of the State EEO Fund (Fund 188) upon payment made	79942
by state agencies, state-supported or state-assisted institutions	79943
of higher education, and tax-supported agencies, municipal	79944
corporations, and other political subdivisions of the state, for	79945
services rendered.	79946

Section 8.07. MERCHANDISE FOR RESALE

79947

The foregoing appropriation item 100-653, General Services	79948
Resale Merchandise, shall be used to account for merchandise for	79949
resale, which is administered by the General Services Division.	79950
Deposits to the fund may comprise the cost of merchandise for	79951
resale and shipping fees.	79952

Section 8.08.  DEPARTMENTAL MIS

79953

The foregoing appropriation item 100-603, Departmental MIS	79954
Services, may be used to pay operating expenses of management	79955
information systems activities in the Department of Administrative	79956
Services. The Department of Administrative Services shall	79957
establish charges for recovering the costs of management	79958
information systems activities. These charges shall be deposited	79959
to the credit of the Departmental MIS Services Fund (Fund 4P3).	79960

Notwithstanding any other language to the contrary, the	79961
Director of Budget and Management may transfer up to $1,000,000 of	79962
fiscal year 2004 appropriations and up to $1,000,000 of fiscal	79963
year 2005 appropriations from appropriation item 100-603,	79964
Departmental MIS Services, to any Department of Administrative	79965
Services non-General Revenue Fund appropriation item. The	79966
appropriations transferred shall be used to make payments for	79967
management information systems services.	79968

Section 8.09. INVESTMENT RECOVERY FUND

79969

Notwithstanding division (B) of section 125.14 of the Revised	79970
Code, cash balances in the Investment Recovery Fund (Fund 427) may	79971
be used to support the operating expenses of the Federal Surplus	79972
Operating Program created in sections 125.84 to 125.90 of the	79973
Revised Code.	79974

Notwithstanding division (B) of section 125.14 of the Revised	79975
Code, cash balances in the Investment Recovery Fund may be used to	79976
support the operating expenses of the State Property Inventory and	79977
Fixed Assets Management System Program.	79978

Of the foregoing appropriation item 100-602, Investment	79979
Recovery, up to $1,958,155 in fiscal year 2004 and up to	79980
$2,049,162 in fiscal year 2005 shall be used to pay the operating	79981
expenses of the State Surplus Property Program, the Surplus	79982
Federal Property Program, and the State Property Inventory and	79983
Fixed Assets Management System Program pursuant to Chapter 125. of	79984
the Revised Code and this section. If additional appropriations	79985
are necessary for the operations of these programs, the Director	79986
of Administrative Services shall seek increased appropriations	79987
from the Controlling Board under section 131.35 of the Revised	79988
Code.	79989

Of the foregoing appropriation item 100-602, Investment	79990
Recovery, $2,221,029 in fiscal year 2004 and $2,130,022 in fiscal	79991
year 2005 shall be used to transfer proceeds from the sale of	79992
surplus property from the Investment Recovery Fund to non-General	79993
Revenue Funds pursuant to division (A)(2) of section 125.14 of the	79994
Revised Code. If it is determined by the Director of	79995
Administrative Services that additional appropriations are	79996
necessary for the transfer of such sale proceeds, the Director of	79997
Administrative Services may request the Director of Budget and	79998
Management to increase the amounts. Such amounts are hereby	79999
appropriated.	80000

Notwithstanding division (B) of section 125.14 of the Revised	80001
Code, the Director of Budget and Management, at the request of the	80002
Director of Administrative Services, shall transfer up to	80003
$2,811,197 of the amounts held for transfer to the General Revenue	80004
Fund from the Investment Recovery Fund to the General Services	80005
Fund (Fund 117) during the biennium beginning July 1, 2003, and	80006
ending June 30, 2005. The cash transferred to the General Services	80007
Fund shall be used to pay the operating expenses of the	80008
Competitive Sealed Proposal Program, to provide operating cash for	80009
the General Services Fund, and to provide operating cash for the	80010
newly created rate pools for Real Estate Leasing and Interior	80011
Design Services.	80012

Section 8.10. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM

80013

Notwithstanding division (B)(3) of section 4505.09 of the	80014
Revised Code, the Director of Budget and Management, at the	80015
request of the Director of Administrative Services, may transfer	80016
up to $4,887,390 in fiscal year 2004 and $1,000,000 in fiscal year	80017
2005 from the Automated Title Processing System (Fund 849) to the	80018
Multi-Agency Radio Communications Systems Administration Fund	80019
(Fund 5C2). The cash transferred to the Multi-Agency Radio	80020
Communications Systems Administration Fund shall be used for the	80021
development of the MARCS system.	80022

Effective with the implementation of the Multi-Agency Radio	80023
Communications System, the Director of Administrative Services	80024
shall collect user fees from participants in the system. The	80025
Director of Administrative Services, with the advice of the	80026
Multi-Agency Radio Communications System Steering Committee and	80027
the Director of Budget and Management, shall determine the amount	80028
of the fees and the manner by which the fees shall be collected.	80029
Such user charges shall comply with the applicable cost principles	80030
issued by the federal Office of Management and Budget. All moneys	80031
from user charges and fees shall be deposited in the state	80032
treasury to the credit of the Multi-Agency Radio Communications	80033
System Administration Fund (Fund 5C2). All interest income derived	80034
from the investment of the fund shall accrue to the fund.	80035

Section 8.11. WORKFORCE DEVELOPMENT FUND

80036

There is hereby established in the state treasury the	80037
Workforce Development Fund (Fund 5D7). The foregoing appropriation	80038
item 100-621, Workforce Development, shall be used to make	80039
payments from the fund. The fund shall be under the supervision of	80040
the Department of Administrative Services, which may adopt rules	80041
with regard to administration of the fund. The fund shall be used	80042
to pay the costs of the Workforce Development Program, if any, as	80043
previously established by Article 37 of the contract between the	80044
State of Ohio and OCSEA/AFSCME, Local 11, effective March 1, 2000,	80045
and as modified by any successor labor contract between the State	80046
of Ohio and OCSEA/AFSCME. The program shall be administered in	80047
accordance with the contract. Revenues shall accrue to the fund as	80048
specified in the contract. The fund may be used to pay direct and	80049
indirect costs of the program that are attributable to staff,	80050
consultants, and service providers. All income derived from the	80051
investment of the fund shall accrue to the fund.	80052

If it is determined by the Director of Administrative	80053
Services that additional appropriation amounts are necessary, the	80054
Director of Administrative Services may request that the Director	80055
of Budget and Management increase such amounts. Such amounts are	80056
hereby appropriated.	80057

Section 8.12. PROFESSIONAL DEVELOPMENT FUND

80058

The foregoing appropriation item 100-610, Professional	80059
Development, shall be used to make payments from the Professional	80060
Development Fund (Fund 5L7) pursuant to section 124.182 of the	80061
Revised Code.	80062

Section  8.13.  EMPLOYEE EDUCATIONAL DEVELOPMENT

80063

There is hereby established in the state treasury the	80064
Employee Educational Development Fund (Fund 5V6). The foregoing	80065
appropriation item 100-619, Employee Educational Development,	80066
shall be used to make payments from the fund. The fund shall be	80067
used to pay the costs of the administration of educational	80068
programs per existing collective bargaining agreements with	80069
District 1199, the Health Care and Social Service Union; State	80070
Council of Professional Educators; Ohio Education Association;	80071
National Education Association; the Fraternal Order of Police Ohio	80072
Labor Council, Unit 2; and the Ohio State Troopers Association,	80073
Units 1 and 15. The fund shall be under the supervision of the	80074
Department of Administrative Services, which may adopt rules with	80075
regard to administration of the fund. The fund shall be	80076
administered in accordance with the applicable sections of the	80077
collective bargaining agreements between the State and the	80078
aforementioned unions. The Department of Administrative Services,	80079
with the approval of the Director of Budget and Management, shall	80080
establish charges for recovering the costs of administering the	80081
educational programs. Receipts for these charges shall be	80082
deposited into the Employee Educational Development Fund. All	80083
income derived from the investment of the funds shall accrue to	80084
the fund.	80085

If it is determined by the Director of Administrative	80086
Services that additional appropriation amounts are necessary, the	80087
Director of Administrative Services may request that the Director	80088
of Budget and Management increase such amounts. Such amounts are	80089
hereby appropriated with the approval of the Director of Budget	80090
and Management.	80091

Upon the request of the Director of Administrative Services,	80092
the Director of Budget and Management shall transfer any cash	80093
balances attributable to educational programs per existing	80094
collective bargaining agreements with District 1199, the Health	80095
Care and Social Service Union; State Council of Professional	80096
Educators; Ohio Education Association; National Education	80097
Association; the Fraternal Order of Police Ohio Labor Council,	80098
Unit 2; and the Ohio State Troopers Association, Units 1 and 15	80099
from the Human Resources Services Fund (Fund 125) to the Employee	80100
Educational Development Fund (Fund 5V6).	80101

Section 8.14.  MAJOR IT PURCHASES

80102

The Director of Administrative Services shall compute the	80103
amount of revenue attributable to the amortization of all	80104
equipment purchases and capitalized systems from appropriation	80105
item 100-607, Information Technology Fund; appropriation item	80106
100-617, Major IT Purchases; and appropriation item CAP-837, Major	80107
IT Purchases, which is recovered by the Department of	80108
Administrative Services as part of the rates charged by the	80109
Information Technology Fund (Fund 133) created in section 125.15	80110
of the Revised Code. The Director of Budget and Management may	80111
transfer cash in an amount not to exceed the amount of	80112
amortization computed from the Information Technology Fund (Fund	80113
133) to the Major IT Purchases Fund (Fund 4N6).	80114

Section 8.15. INFORMATION TECHNOLOGY ASSESSMENT

80115

The Director of Administrative Services, with the approval of	80116
the Director of Budget and Management, may establish an	80117
information technology assessment for the purpose of recovering	80118
the cost of selected infrastructure and statewide programs. Such	80119
assessment shall comply with applicable cost principles issued by	80120
the federal Office of Management and Budget. The information	80121
technology assessment shall be charged to all organized bodies,	80122
offices, or agencies established by the laws of the state for the	80123
exercise of any function of state government except for the	80124
General Assembly, any legislative agency, the Supreme Court, the	80125
other courts of record in Ohio, or any judicial agency, the	80126
Adjutant General, the Bureau of Workers' Compensation, and	80127
institutions administered by a board of trustees. Any state-entity	80128
exempted by this section may utilize the infrastructure or	80129
statewide program by participating in the information technology	80130
assessment. All charges for the information technology assessment	80131
shall be deposited to the credit of the Information Technology	80132
Fund (Fund 133) created in section 125.15 of the Revised Code.	80133

Section 8.16. UNEMPLOYMENT COMPENSATION FUND

80134

The foregoing appropriation item 100-628, Unemployment	80135
Compensation Pass Through, shall be used to make payments from the	80136
Unemployment Compensation Fund (Fund 113), pursuant to section	80137
4141.241 of the Revised Code. If it is determined that additional	80138
amounts are necessary, such amounts are hereby appropriated.	80139

Section 8.17. PAYROLL WITHHOLDING FUND

80140

The foregoing appropriation item 100-629, Payroll Deductions,	80141
shall be used to make payments from the Payroll Withholding Fund	80142
(Fund 124). If it is determined by the Director of Budget and	80143
Management that additional appropriation amounts are necessary,	80144
such amounts are hereby appropriated.	80145

Section 8.18. GENERAL SERVICES REFUNDS

80146

The foregoing appropriation item 100-646, General Services	80147
Refunds, shall be used to hold bid guarantee and building plans	80148
and specifications deposits until they are refunded. The Director	80149
of Administrative Services may request that the Director of Budget	80150
and Management transfer cash received for the costs of providing	80151
the building plans and specifications to contractors from the	80152
General Services Refunds Fund to the State Architect's Office Fund	80153
(Fund 131). Prior to the transfer of cash, the Director of	80154
Administrative Services shall certify that such amounts are in	80155
excess of amounts required for refunding deposits and are directly	80156
related to costs of producing building plans and specifications.	80157
If it is determined that additional appropriations are necessary,	80158
such amounts are hereby appropriated.	80159

Section 8.19.  MULTI-AGENCY RADIO COMMUNICATION SYSTEM DEBT	80160
SERVICE PAYMENTS	80161

The Director of Administrative Services, in consultation with	80162
the Multi-Agency Radio Communication System (MARCS) Steering	80163
Committee and the Director of Budget and Management, shall	80164
determine the share of debt service payments attributable to	80165
spending for MARCS components that are not specific to any one	80166
agency and that shall be charged to agencies supported by the	80167
motor fuel tax. Such share of debt service payments shall be	80168
calculated for MARCS capital disbursements made beginning July 1,	80169
1997. Within thirty days of any payment made from appropriation	80170
item 100-447, OBA - Building Rent Payments, the Director of	80171
Administrative Services shall certify to the Director of Budget	80172
and Management the amount of this share. The Director of Budget	80173
and Management shall transfer such amounts to the General Revenue	80174
Fund from the State Highway Safety Fund (Fund 036) established in	80175
section 4501.06 of the Revised Code.	80176

The Director of Administrative Services shall consider	80177
renting or leasing existing tower sites at reasonable or current	80178
market rates, so long as these existing sites are equipped with	80179
the technical capabilities to support the MARCS project.	80180

Section 8.20. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY

80181

Whenever the Director of Administrative Services declares a	80182
"public exigency," as provided in division (C) of section 123.15	80183
of the Revised Code, the Director shall also notify the members of	80184
the Controlling Board.	80185

Section 8.21. GENERAL SERVICE CHARGES

80186

The Department of Administrative Services, with the approval	80187
of the Director of Budget and Management, shall establish charges	80188
for recovering the costs of administering the programs in the	80189
General Services Fund (Fund 117) and the State Printing Fund (Fund	80190
210).	80191

Section 8.22. Notwithstanding section 123.10 of the Revised	80192
Code, the Director of Administrative Services shall collect no	80193
commissions or fees in connection with the rental of property	80194
during the period beginning July 1, 2003, and ending June 30,	80195
2005.	80196

Section 9.  AAM COMMISSION ON AFRICAN AMERICAN MALES

80197

General Revenue Fund

80198

State Special Revenue Fund Group

80205

COMMISSION ON AFRICAN AMERICAN MALES PROGRESS REVIEW

80209

Annually, not later than the thirty-first day of December,	80210
the Commission on African American Males shall internally prepare	80211
and submit to the chairperson and ranking minority member of the	80212
Human Services Subcommittee of the Finance and Appropriations	80213
Committee of the House of Representatives a report that	80214
demonstrates the progress that has been made toward meeting the	80215
Commission's mission statement.	80216

From the foregoing appropriations, the Commission on African	80217
American Males shall provide in each fiscal year $50,000 to the	80218
Cincinnati State Community College to purchase books and equipment	80219
in order to furnish the Cincinnati State William F. Bowen Room	80220
that will honor Ohio's African-American legislators.	80221

Section 10.  JCR JOINT COMMITTEE ON AGENCY RULE REVIEW

80222

General Revenue Fund

80223

OPERATING

80227

The Chief Administrative Officer of the House of	80228
Representatives and the Clerk of the Senate shall determine, by	80229
mutual agreement, which of them shall act as fiscal agent for the	80230
Joint Committee on Agency Rule Review.	80231

Section 11.  AGE DEPARTMENT OF AGING

80232

General Revenue Fund

80233

General Services Fund Group

80248

Federal Special Revenue Fund Group

80253

State Special Revenue Fund Group

80261

Section 11.01. PRE-ADMISSION REVIEW FOR NURSING FACILITY	80272
ADMISSION	80273

Pursuant to sections 5101.751 and 5101.754 of the Revised	80274
Code and an interagency agreement, the Department of Job and	80275
Family Services shall designate the Department of Aging to perform	80276
assessments under sections 5101.75 and 5111.204 of the Revised	80277
Code. Of the foregoing appropriation item 490-403, PASSPORT, the	80278
Department of Aging may use not more than $2,511,309 in fiscal	80279
year 2004 and $2,574,092 in fiscal year 2005 to perform the	80280
assessments for persons not eligible for Medicaid in accordance	80281
with the department's interagency agreement with the Department of	80282
Job and Family Services and to assist individuals in planning for	80283
their long-term health care needs.	80284

Section 11.02.  PASSPORT

80285

Appropriation item 490-403, PASSPORT, and the amounts set	80286
aside for the PASSPORT Waiver Program in appropriation item	80287
490-610, PASSPORT/Residential State Supplement, may be used to	80288
assess clients regardless of Medicaid eligibility.	80289

The Director of Aging shall adopt rules under section 111.15	80290
of the Revised Code governing the nonwaiver funded PASSPORT	80291
program, including client eligibility.	80292

The Department of Aging shall administer the Medicaid	80293
waiver-funded PASSPORT Home Care Program as delegated by the	80294
Department of Job and Family Services in an interagency agreement.	80295
The foregoing appropriation item 490-403, PASSPORT, and the	80296
amounts set aside for the PASSPORT Waiver Program in appropriation	80297
item 490-610, PASSPORT/Residential State Supplement, shall be used	80298
to provide the required state match for federal Medicaid funds	80299
supporting the Medicaid Waiver-funded PASSPORT Home Care Program.	80300
Appropriation item 490-403, PASSPORT, and the amounts set aside	80301
for the PASSPORT Waiver Program in appropriation item 490-610,	80302
PASSPORT/Residential State Supplement, may also be used to support	80303
the Department of Aging's administrative costs associated with	80304
operating the PASSPORT program.	80305

The foregoing appropriation item 490-607, PASSPORT, shall be	80306
used to provide the federal matching share for all PASSPORT	80307
program costs determined by the Department of Job and Family	80308
Services to be eligible for Medicaid reimbursement.	80309

SENIOR COMMUNITY SERVICES

80310

Of the foregoing appropriation item 490-411, Senior Community	80311
Services, $300,000 shall be allocated to the Visiting Nurses	80312
Association of Cleveland.	80313

The remainder of the foregoing appropriation item 490-411,	80314
Senior Community Services, shall be used for services designated	80315
by the Department of Aging, including, but not limited to,	80316
home-delivered and congregate meals, transportation services,	80317
personal care services, respite services, adult day services, home	80318
repair, care coordination, and decision support systems. Service	80319
priority shall be given to low income, frail, and cognitively	80320
impaired persons 60 years of age and over. The department shall	80321
promote cost sharing by service recipients for those services	80322
funded with block grant funds, including, where possible,	80323
sliding-fee scale payment systems based on the income of service	80324
recipients.	80325

ALZHEIMERS RESPITE

80326

The foregoing appropriation item 490-414, Alzheimers Respite,	80327
shall be used to fund only Alzheimer's disease services under	80328
section 173.04 of the Revised Code.	80329

TRANSPORTATION FOR ELDERLY

80330

The foregoing appropriation item 490-416, Transportation for	80331
Elderly, shall be used for noncapital expenses related to	80332
transportation services for the elderly that provide access to	80333
such things as healthcare services, congregate meals,	80334
socialization programs, and grocery shopping. The funds pass	80335
through and shall be administered by the Area Agencies on Aging.	80336
The appropriation shall be allocated to the following agencies:	80337

(A) Up to $34,912 in fiscal year 2004 and up to $34,039 in	80338
fiscal year 2005 to the Jewish Vocational Services/Cincinnati;	80339

(B) Up to $34,912 in fiscal year 2004 and up to $34,039 in	80340
fiscal year 2005 to the Jewish Community Center of Cleveland;	80341

(C) Up to $34,912 in fiscal year 2004 and up to $34,039 in	80342
fiscal year 2005 to the Wexner Heritage Village/Columbus;	80343

(D) Up to $15,469 in fiscal year 2004 and up to $15,082 in	80344
fiscal year 2005 to the Jewish Family Services of Dayton;	80345

(E) Up to $7,805 in fiscal year 2004 and up to $7,610 in	80346
fiscal year 2005 to the Jewish Community Center of Akron;	80347

(F) Up to $3,832 in fiscal year 2004 and up to $3,736 in	80348
fiscal year 2005 to the Jewish Community Center/Youngstown;	80349

(G) Up to $2,270 in fiscal year 2004 and up to $2,214 in	80350
fiscal year 2005 to the Jewish Community Center/Canton;	80351

(H) Up to $7,805 in fiscal year 2004 and up to $7,610 in	80352
fiscal year 2005 to the Jewish Community Center/Sylvania.	80353

Agencies receiving funding from appropriation item 490-416,	80354
Transportation for Elderly, shall coordinate services with other	80355
local service agencies.	80356

RESIDENTIAL STATE SUPPLEMENT

80357

Under the Residential State Supplement Program, the amount	80358
used to determine whether a resident is eligible for payment and	80359
for determining the amount per month the eligible resident will	80360
receive shall be as follows:	80361

(A) $900 for a residential care facility, as defined in	80362
section 3721.01 of the Revised Code;	80363

(B) $900 for an adult group home, as defined in Chapter 3722.	80364
of the Revised Code;	80365

(C) $800 for an adult foster home, as defined in Chapter 173.	80366
of the Revised Code;	80367

(D) $800 for an adult family home, as defined in Chapter	80368
3722. of the Revised Code;	80369

(E) $800 for an adult community alternative home, as defined	80370
in Chapter 3724. of the Revised Code;	80371

(F) $800 for an adult residential facility, as defined in	80372
Chapter 5119. of the Revised Code;	80373

(G) $600 for adult community mental health housing services,	80374
as defined in division (B)(5) of section 173.35 of the Revised	80375
Code.	80376

The Departments of Aging and Job and Family Services shall	80377
reflect these amounts in any applicable rules the departments	80378
adopt under section 173.35 of the Revised Code.	80379

TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS

80380

The Department of Aging may transfer cash by intrastate	80381
transfer vouchers from the foregoing appropriation items 490-412,	80382
Residential State Supplement, and 490-610, PASSPORT/Residential	80383
State Supplement, to the Department of Job and Family Services'	80384
Fund 4J5, Home and Community-Based Services for the Aged Fund. The	80385
funds shall be used to make benefit payments to Residential State	80386
Supplement recipients.	80387

LONG-TERM CARE OMBUDSMAN

80388

The foregoing appropriation item 490-410, Long-Term Care	80389
Ombudsman, shall be used for a program to fund ombudsman program	80390
activities in nursing homes, adult care facilities, boarding	80391
homes, and home and community care services.	80392

PRESCRIPTION DRUG DISCOUNT PROGRAM

80393

The foregoing appropriation item 490-419, Prescription Drug	80394
Discount Program, shall be used to administer a prescription drug	80395
discount program.	80396

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAMS

80397

The foregoing appropriation item 490-609, Regional Long-Term	80398
Care Ombudsman Programs, shall be used solely to pay the costs of	80399
operating the regional long-term care ombudsman programs.	80400

PASSPORT/RESIDENTIAL STATE SUPPLEMENT

80401

Of the foregoing appropriation item 490-610,	80402
PASSPORT/Residential State Supplement, up to $2,835,000 each	80403
fiscal year may be used to fund the Residential State Supplement	80404
Program. The remaining available funds shall be used to fund the	80405
PASSPORT program.	80406

TRANSFER OF APPROPRIATIONS - FEDERAL AGING NUTRITION, FEDERAL	80407
SUPPORTIVE SERVICES, AND OLDER AMERICANS SUPPORT SERVICES	80408

Upon written request of the Director of Aging, the Director	80409
of Budget and Management may transfer appropriation authority	80410
among appropriation items 490-611, Federal Aging Nutrition,	80411
490-612, Federal Supportive Services, and 490-618, Older Americans	80412
Support Services, in amounts not to exceed 30 per cent of the	80413
appropriation from which the transfer is made. The Department of	80414
Aging shall report such transfers to the Controlling Board at the	80415
next regularly scheduled meeting of the board.	80416

OHIO COMMUNITY SERVICE COUNCIL

80417

The foregoing appropriation items 490-409, Ohio Community	80418
Service Council Operations, and 490-617, Ohio Community Service	80419
Council Programs, shall be used in accordance with section 121.40	80420
of the Revised Code.	80421

Section 12.  AGR DEPARTMENT OF AGRICULTURE

80422

General Revenue Fund

80423

Federal Special Revenue Fund Group

80444

State Special Revenue Fund Group

80452

Clean Ohio Fund Group

80475

Holding Account Redistribution Fund Group

80478

ANIMAL DAMAGE CONTROL

80482

Of the foregoing appropriation item 700-405, Animal Damage	80483
Control, $50,000 shall be used in each fiscal year for coyote and	80484
black vulture indemnification.	80485

INTERNATIONAL TRADE AND MARKET DEVELOPMENT

80486

Of the foregoing appropriation item 700-411, International	80487
Trade and Market Development, $100,000 shall be used in fiscal	80488
year 2004 for the Ohio-Israel Agricultural Initiative.	80489

FAMILY FARM LOAN PROGRAM

80490

Notwithstanding Chapter 166. of the Revised Code, up to	80491
$1,500,000 in each fiscal year shall be transferred from moneys in	80492
the Facilities Establishment Fund (Fund 037) to the Family Farm	80493
Loan Fund (Fund 5H1) in the Department of Development. These	80494
moneys shall be used for loan guarantees. The transfer is subject	80495
to Controlling Board approval.	80496

Financial assistance from the Family Farm Loan Fund (Fund	80497
5H1) shall be repaid to Fund 5H1. This fund is established in	80498
accordance with sections 166.031, 901.80, 901.81, 901.82, and	80499
901.83 of the Revised Code.	80500

When the Family Farm Loan Fund (Fund 5H1) ceases to exist,	80501
all outstanding balances, all loan repayments, and any other	80502
outstanding obligations shall revert to the Facilities	80503
Establishment Fund (Fund 037).	80504

CLEAN OHIO AGRICULTURAL EASEMENT

80505

The foregoing appropriation item 700-632, Clean Ohio	80506
Agricultural Easement, shall be used by the Department of	80507
Agriculture in administering sections 901.21, 901.22, and 5301.67	80508
to 5301.70 of the Revised Code.	80509

FARM SERVICE ELECTRONIC FILING

80510

As soon as possible on or after July 1, 2003, the Director of	80511
Budget and Management shall make a one-time cash transfer of	80512
$60,000 from Fund 382, Cooperative Contracts, to Fund XXX, Farm	80513
Service Electronic Filing Fund, in fiscal year 2004. The Farm	80514
Service Electronic Filing Fund shall be administered by the	80515
Department of Agriculture.	80516

Section 13.  AIR AIR QUALITY DEVELOPMENT AUTHORITY

80517

Agency Fund Group

80518

Section 14.  ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	80525
SERVICES	80526

General Revenue Fund

80527

General Services Fund

80532

Federal Special Revenue Fund Group

80535

State Special Revenue Fund Group

80543

TREATMENT SERVICES

80550

Of the foregoing appropriation item 038-401, Treatment	80551
Services, not more than $8,190,000 shall be used by the Department	80552
of Alcohol and Drug Addiction Services for program grants for	80553
priority populations in each year of the biennium.	80554

AM. SUB. H.B. 484 OF THE 122nd GENERAL ASSEMBLY

80555

Of the foregoing appropriation item 038-401, Treatment	80556
Services, $4 million in each fiscal year shall be allocated for	80557
services to families, adults, and adolescents pursuant to the	80558
requirements of Am. Sub. H.B. 484 of the 122nd General Assembly.	80559

TALBERT HOUSE

80560

Of the foregoing appropriation item 038-401, Treatment	80561
Services, $200,000 in each fiscal year shall be allocated to	80562
establish a Talbert House Facility in Butler County. These funds	80563
are in addition to any other funds for which the Talbert House	80564
facility and Butler County are eligible to receive from the	80565
Department of Alcohol and Drug Addiction Services.	80566

SERVICES FOR TANF-ELIGIBLE INDIVIDUALS

80567

Of the foregoing appropriation item 038-401, Treatment	80568
Services, $5 million each year shall be used to fund TANF-eligible	80569
expenditures for substance abuse prevention and treatment services	80570
to children, or their families, whose income is at or below 200	80571
per cent of the official income poverty guideline. The Director of	80572
Alcohol and Drug Addiction Services and the Director of Job and	80573
Family Services shall develop operating and reporting guidelines	80574
for these programs.	80575

THERAPEUTIC COMMUNITIES

80576

Of the foregoing appropriation item 038-401, Treatment	80577
Services, $750,000 shall be used in each fiscal year for expansion	80578
of the Therapeutic Communities Program in the Department of	80579
Rehabilitation and Correction.	80580

PARENT AWARENESS TASK FORCE

80581

The Parent Awareness Task Force shall study ways to engage	80582
more parents in activities, coalitions, and educational programs	80583
in Ohio relating to alcohol and other drug abuse prevention. Of	80584
the foregoing appropriation item 038-404, Prevention Services,	80585
$30,000 in each fiscal year may be used to support the functions	80586
of the Parent Awareness Task Force.	80587

COMMUNITY CAPITAL ASSISTANCE FUNDS

80588

Any proceeds from the repayment of ODADAS community capital	80589
assistance funds from St. Anthony's Villa shall be deposited into	80590
Fund 475, appropriation item 038-621, Statewide Treatment and	80591
Prevention, and such amounts are hereby appropriated for	80592
distribution to other community capital assistance projects in	80593
Lucas County.	80594

Section 15.  AMB AMBULANCE LICENSING BOARD

80595

General Services Fund Group

80596

Section 16.  ARC STATE BOARD OF EXAMINERS OF ARCHITECTS

80602

General Services Fund Group

80603

Section 17.  ART OHIO ARTS COUNCIL

80609

General Revenue Fund

80610

General Services Fund Group

80616

Federal Special Revenue Fund Group

80620

EQUIPMENT

80624

Of the foregoing appropriation item 370-300, Equipment,	80625
$200,000 in fiscal year 2004 shall be used for computer upgrades.	80626

PROGRAM SUBSIDIES

80627

A museum is not eligible to receive funds from appropriation	80628
item 370-502, Program Subsidies, if $8,000,000 or more in capital	80629
appropriations were appropriated by the state for the museum	80630
between January 1, 1986, and December 31, 2002.	80631

PER CENT FOR ART ACQUISITIONS

80632

The unencumbered balance remaining from prior projects of	80633
appropriation item 370-603, Per Cent for Art Acquisitions, shall	80634
be used by the Ohio Arts Council to pay for start-up costs in	80635
connection with the selection of artists of new Per Cent for Art	80636
projects.	80637

Section 18.  AFC OHIO ARTS AND SPORTS FACILITIES COMMISSION

80638

General Revenue Fund

80639

State Special Revenue Fund Group

80643

OHIO BUILDING AUTHORITY LEASE PAYMENTS

80648

The foregoing appropriation item 371-401, Lease Rental	80649
Payments, shall be used by the Arts and Sports Facilities	80650
Commission for payments to the Ohio Building Authority for the	80651
period from July 1, 2003, to June 30, 2005, pursuant to the	80652
primary leases and agreements for those buildings made under	80653
Chapter 152. of the Revised Code, but limited to the aggregate	80654
amount of $73,901,500. This appropriation is the source of funds	80655
pledged for bond service charges on related obligations issued	80656
pursuant to Chapter 152. of the Revised Code.	80657

OPERATING EXPENSES

80658

The foregoing appropriation item 371-603, Project	80659
Administration, shall be used by the Ohio Arts and Sports	80660
Facilities Commission to carry out its responsibilities pursuant	80661
to this section and Chapter 3383. of the Revised Code.	80662

Within ten days after the effective date of this section, or	80663
as soon as possible thereafter, the Director of Budget and	80664
Management shall determine the amount of cash from interest	80665
earnings to be transferred from the Arts Facilities Building Fund	80666
(Fund 030) and the Sports Facilities Building Fund (Fund 024) to	80667
the Arts and Sports Facilities Commission Administration Fund	80668
(Fund 4T8). The total amount transferred in fiscal year 2004 and	80669
fiscal year 2005 may not exceed the total biennial appropriation	80670
of $2,109,716 in appropriation item 371-603, Project	80671
Administration.	80672

By July 10, 2004, or as soon as possible thereafter, the	80673
Director of Budget and Management shall determine the amount of	80674
cash from interest earnings to be transferred from the Arts	80675
Facilities Building Fund (Fund 030) and the Sports Facilities	80676
Building Fund (Fund 024) to the Arts and Sports Commission	80677
Administration Fund (Fund 4T8). The total amount transferred in	80678
fiscal year 2004 and in fiscal year 2005 may not exceed the total	80679
biennial appropriation of $2,109,716 in appropriation item	80680
371-603, Project Administration.	80681

Section 19.  ATH ATHLETIC COMMISSION

80682

General Services Fund Group

80683

TRANSFER OF CASH BALANCE FROM FUND 5R1

80687

On July 1, 2003, or as soon thereafter as possible, the	80688
Director of Budget and Management shall transfer the cash balance	80689
in the Athlete Agents Registration Fund (Fund 5R1) that was	80690
created in former section 4771.22 of the Revised Code to the	80691
Occupational Licensing and Regulatory Fund (Fund 4K9). The	80692
director shall cancel any existing encumbrances against	80693
appropriation item 175-602, Athlete Agents Registration (Fund	80694
5R1), and reestablish them against appropriation item 175-609,	80695
Athletic Commission - Operating (Fund 4K9). The amounts of the	80696
reestablished encumbrances are hereby appropriated.	80697

Section 20. AGO ATTORNEY GENERAL

80698

General Revenue Fund

80699

General Services Fund Group

80706

Federal Special Revenue Fund Group

80721

State Special Revenue Fund Group

80729

Holding Account Redistribution Fund Group

80737

LAW-RELATED EDUCATION

80746

The foregoing appropriation item 055-405, Law-Related	80747
Education, shall be distributed directly to the Ohio Center for	80748
Law-Related Education for the purposes of providing continuing	80749
citizenship education activities to primary and secondary students	80750
and accessing additional public and private money for new	80751
programs.	80752

WORKERS' COMPENSATION SECTION

80753

The Workers' Compensation Section Fund (Fund 195) shall	80754
receive payments from the Bureau of Workers' Compensation and the	80755
Ohio Industrial Commission at the beginning of each quarter of	80756
each fiscal year to fund legal services to be provided to the	80757
Bureau of Workers' Compensation and the Ohio Industrial Commission	80758
during the ensuing quarter. Such advance payment shall be subject	80759
to adjustment.	80760

In addition, the Bureau of Workers' Compensation shall	80761
transfer payments at the beginning of each quarter for the support	80762
of the Workers' Compensation Fraud Unit.	80763

All amounts shall be mutually agreed upon by the Attorney	80764
General, the Bureau of Workers' Compensation, and the Ohio	80765
Industrial Commission.	80766

CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION

80767

The foregoing appropriation item 055-636, Corrupt Activity	80768
Investigation and Prosecution, shall be used as provided by	80769
division (D)(2) of section 2923.35 of the Revised Code to dispose	80770
of the proceeds, fines, and penalties credited to the Corrupt	80771
Activity Investigation and Prosecution Fund, which is created in	80772
division (D)(1)(b) of section 2923.35 of the Revised Code. If it	80773
is determined that additional amounts are necessary, the amounts	80774
are hereby appropriated.	80775

COMMUNITY POLICE MATCH AND LAW ENFORCEMENT ASSISTANCE

80776

In fiscal years 2004 and 2005, the Attorney General's Office	80777
may request the Director of Budget and Management to transfer	80778
appropriation authority from appropriation item 055-321, Operating	80779
Expenses, to appropriation item 055-406, Community Police Match	80780
and Law Enforcement Assistance. The Director of Budget and	80781
Management shall then transfer appropriation authority from	80782
appropriation item 055-321, Operating Expenses, to appropriation	80783
item 055-406, Community Police Match and Law Enforcement	80784
Assistance. Moneys transferred to appropriation item 055-406,	80785
Community Police Match and Law Enforcement Assistance, shall be	80786
used to pay operating expenses and to provide grants to local law	80787
enforcement agencies and communities for the purpose of supporting	80788
law enforcement-related activities.	80789

Section 21.  AUD AUDITOR OF STATE

80790

General Revenue Fund

80791

General Services Fund Group

80797

Holding Account Redistribution Fund Group

80804

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

80809

The foregoing appropriation item 070-403, Fiscal	80810
Watch/Emergency Technical Assistance, shall be used for all	80811
expenses incurred by the Office of the Auditor of State in its	80812
role relating to fiscal watch or fiscal emergency activities under	80813
Chapters 118. and 3316. of the Revised Code. Expenses include, but	80814
are not limited to, the following: duties related to the	80815
determination or termination of fiscal watch or fiscal emergency	80816
of municipal corporations, counties, or townships as outlined in	80817
Chapter 118. of the Revised Code and of school districts as	80818
outlined in Chapter 3316. of the Revised Code; development of	80819
preliminary accounting reports; performance of annual forecasts;	80820
provision of performance audits; and supervisory, accounting, or	80821
auditing services for the mentioned public entities and school	80822
districts. The unencumbered balance of appropriation item 070-403,	80823
Fiscal Watch/Emergency Technical Assistance, at the end of fiscal	80824
year 2004 is transferred to fiscal year 2005 for use under the	80825
same appropriation item.	80826

ELECTRONIC DATA PROCESSING

80827

The unencumbered balance of appropriation item 070-405,	80828
Electronic Data Processing - Auditing and Administration, at the	80829
end of fiscal year 2004 is transferred to fiscal year 2005 for use	80830
under the same appropriation item.	80831

UNIFORM ACCOUNTING NETWORK/TECHNOLOGY IMPROVEMENTS FUND

80832

The foregoing appropriation item 070-406, Uniform Accounting	80833
Network/Technology Improvements Fund, shall be used to pay the	80834
costs of developing and implementing the Uniform Accounting	80835
Network and technology improvements for the Office of the Auditor	80836
of State. The unencumbered balance of the appropriation at the end	80837
of fiscal year 2004 is transferred to fiscal year 2005 to pay the	80838
costs of developing and implementing the Uniform Accounting	80839
Network and technology improvements for the Office of the Auditor	80840
of State.	80841

Section 22.  BRB BOARD OF BARBER EXAMINERS

80842

General Services Fund Group

80843

Section 23.  OBM OFFICE OF BUDGET AND MANAGEMENT

80849

General Revenue Fund

80850

General Services Fund Group

80856

State Special Revenue Fund Group

80859

AUDIT COSTS

80863

Of the foregoing appropriation item 042-603, State	80864
Accounting, not more than $400,000 in fiscal year 2004 and	80865
$415,000 in fiscal year 2005 shall be used to pay for centralized	80866
audit costs associated with either Single Audit Schedules or	80867
financial statements prepared in conformance with generally	80868
accepted accounting principles for the state.	80869

Section 24.  CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

80870

General Revenue Fund

80871

General Services Fund Group

80875

Underground Parking Garage

80880

Section 25.  SCR STATE BOARD OF CAREER COLLEGES AND SCHOOLS

80886

General Services Fund Group

80887

Section 26. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

80892

General Services Fund Group

80893

Notwithstanding any other law to the contrary, upon	80897
certification by the Director of Administrative Services, the	80898
Director of Budget and Management may transfer cash in an amount	80899
not to exceed the fiscal year 2004 appropriation from Fund 5P1	80900
(Credentialing Fund) to Fund 4K9 (Occupational Licensing). The	80901
amount transferred is hereby appropriated. The cash shall be used	80902
to pay expenses related to establishing the Chemical Dependency	80903
Professionals Board, including, but not limited to, travel	80904
reimbursement of board members.	80905

Upon completion of the transition of the Department of	80906
Alcohol and Drug Addiction's certificates and credentials issuance	80907
program to the Chemical Dependency Professionals Board, the	80908
Director of Alcohol and Drug Addiction Services shall certify to	80909
the Director of Budget and Management the remaining cash in Fund	80910
5P1 (Credentialing Fund). The Director of Budget and Management	80911
shall transfer the certified balance from Fund 5P1 to Fund 4K9	80912
(Occupational Licensing). This transition shall be completed in	80913
accordance with Section 5 of Am. Sub. H.B. 496 of the 124th	80914
General Assembly.	80915

Section 27.  CHR STATE CHIROPRACTIC BOARD

80916

General Services Fund Group

80917

Section 28.  CIV OHIO CIVIL RIGHTS COMMISSION

80923

General Revenue Fund

80924

Federal Special Revenue Fund Group

80929

State Special Revenue Fund Group

80933

Section 29.  COM DEPARTMENT OF COMMERCE

80939

General Revenue Fund

80940

General Services Fund Group

80943

Federal Special Revenue Fund Group

80948

State Special Revenue Fund Group

80954

Liquor Control Fund Group

80976

LABOR AND WORKER SAFETY

80984

The Department of Commerce may designate a portion of	80985
appropriation item 800-410, Labor and Worker Safety, to be used to	80986
match federal funding for the OSHA on-site consultation program.	80987

PENALTY ENFORCEMENT

80988

The foregoing appropriation item 800-621, Penalty	80989
Enforcement, shall be used to enforce sections 4115.03 to 4115.16	80990
of the Revised Code.	80991

UNCLAIMED FUNDS PAYMENTS

80992

The foregoing appropriation item 800-625, Unclaimed	80993
Funds-Claims, shall be used to pay claims pursuant to section	80994
169.08 of the Revised Code. If it is determined that additional	80995
amounts are necessary, the amounts are hereby appropriated.	80996

BANKS FUND (FUND 544) TRANSFER TO THE GRF

80997

On July 31, 2003, or as soon as possible thereafter, the	80998
Director of Budget and Management may transfer up to $2,000,000	80999
cash from the Banks Fund (Fund 544) to the General Revenue Fund.	81000

FIRE MARSHAL FUND (FUND 546) TRANSFER TO THE GRF

81001

On July 31, 2003, or as soon as possible thereafter, the	81002
Director of Budget and Management may transfer up to $10,000,000	81003
cash from the Fire Marshal Fund (Fund 546) to the General Revenue	81004
Fund.	81005

REAL ESTATE FUND (FUND 549) TRANSFER TO THE GRF

81006

On July 31, 2003, or as soon as possible thereafter, the	81007
Director of Budget and Management may transfer up to $1,000,000	81008
cash from the Real Estate Fund (Fund 549) to the General Revenue	81009
Fund.	81010

INDUSTRIAL COMPLIANCE FUND (FUND 556) TRANSFER TO THE GRF

81011

On July 31, 2003, or as soon as possible thereafter, the	81012
Director of Budget and Management may transfer up to $1,000,000	81013
cash from the Industrial Compliance Fund (Fund 556), to the	81014
General Revenue Fund.	81015

INCREASED APPROPRIATION AUTHORITY - MERCHANDISING

81016

The foregoing appropriation item 800-601, Merchandising,	81017
shall be used pursuant to section 4301.12 of the Revised Code. If	81018
it is determined that additional amounts are necessary, the	81019
amounts are hereby appropriated.	81020

ECONOMIC DEVELOPMENT DEBT SERVICE

81021

The foregoing appropriation item 800-633, Economic	81022
Development Debt Service, shall be used to meet all payments at	81023
the times they are required to be made during the period from July	81024
1, 2003, to June 30, 2005, for bond service charges on obligations	81025
issued under Chapter 166. of the Revised Code. If it is determined	81026
that additional appropriations are necessary for this purpose,	81027
such amounts are hereby appropriated, subject to the limitations	81028
set forth in section 166.11 of the Revised Code. The General	81029
Assembly acknowledges that an appropriation for this purpose is	81030
not required, but is made in this form and in this act for record	81031
purposes only.	81032

REVITALIZATION DEBT SERVICE

81033

The foregoing appropriation item 800-636, Revitalization Debt	81034
Service, shall be used to pay debt service and related financing	81035
costs under sections 151.01 and 151.40 of the Revised Code during	81036
the period from July 1, 2003, to June 30, 2005. If it is	81037
determined that additional appropriations are necessary for this	81038
purpose, such amounts are hereby appropriated. The General	81039
Assembly acknowledges the priority of the pledge of a portion of	81040
receipts from that source to obligations issued and to be issued	81041
under Chapter 166. of the Revised Code.	81042

ADMINISTRATIVE ASSESSMENTS

81043

Notwithstanding any other provision of law to the contrary,	81044
Fund 163, Division of Administration, shall receive assessments	81045
from all operating funds of the department in accordance with	81046
procedures prescribed by the Director of Commerce and approved by	81047
the Director of Budget and Management.	81048

Section 30. OCC OFFICE OF CONSUMERS' COUNSEL

81049

General Services Fund Group

81050

Section 31.  CEB CONTROLLING BOARD

81055

General Revenue Fund

81056

State Special Revenue Fund Group

81061

FEDERAL SHARE

81066

In transferring appropriations to or from appropriation items	81067
that have federal shares identified in this act, the Controlling	81068
Board shall add or subtract corresponding amounts of federal	81069
matching funds at the percentages indicated by the state and	81070
federal division of the appropriations in this act. Such changes	81071
are hereby appropriated.	81072

DISASTER ASSISTANCE

81073

Pursuant to requests submitted by the Department of Public	81074
Safety, the Controlling Board may approve transfers from the	81075
Emergency Purposes Fund to a Department of Public Safety General	81076
Revenue Fund appropriation item to provide funding for assistance	81077
to political subdivisions made necessary by natural disasters or	81078
emergencies. Such transfers may be requested and approved prior to	81079
the occurrence of any specific natural disasters or emergencies in	81080
order to facilitate the provision of timely assistance.	81081

SOUTHERN OHIO CORRECTIONAL FACILITY COST

81082

The Office of Criminal Justice Services and the Public	81083
Defender Commission may each request, upon approval of the	81084
Director of Budget and Management, additional funds from the	81085
Emergency Purposes Fund for costs related to the disturbance that	81086
occurred on April 11, 1993, at the Southern Ohio Correctional	81087
Facility in Lucasville, Ohio.	81088

DISASTER SERVICES

81089

Pursuant to requests submitted by the Department of Public	81090
Safety, the Controlling Board may approve transfers from the	81091
foregoing appropriation item 911-601, Disaster Services, to a	81092
Department of Public Safety General Revenue Fund appropriation	81093
item to provide for assistance to political subdivisions made	81094
necessary by natural disasters or emergencies. These transfers may	81095
be requested and approved prior to the occurrence of any specific	81096
natural disasters or emergencies in order to facilitate the	81097
provision of timely assistance. The Emergency Management Agency of	81098
the Department of Public Safety shall use the funding for disaster	81099
aid requests that meet the Emergency Management Agency's criteria	81100
for assistance.	81101

The foregoing appropriation item 911-601, Disaster Services,	81102
shall be used by the Controlling Board, pursuant to requests	81103
submitted by state agencies, to transfer cash and appropriation	81104
authority to any fund and appropriation item for the payment of	81105
state agency program expenses as follows:	81106

(A) The southern Ohio flooding, referred to as	81107
FEMA-DR-1164-OH;	81108

(B) The flood/storm disaster referred to as FEMA-DR-1227-OH;

81109

(C) The Southern Ohio flooding, referred to as	81110
FEMA-DR-1321-OH;	81111

(D) The flooding referred to as FEMA-DR-1339-OH;

81112

(E) The tornado/storms referred to as FEMA-DR-1343-OH;

81113

(F) Other disasters declared by the Governor, if the Director	81114
of Budget and Management determines that sufficient funds exist	81115
beyond the expected program costs of these disasters.	81116

The unencumbered balance of appropriation item 911-601,	81117
Disaster Services, at the end of fiscal year 2004 is transferred	81118
to fiscal year 2005 for use under the same appropriation item.	81119

MANDATE ASSISTANCE

81120

(A) The foregoing appropriation item 911-404, Mandate	81121
Assistance, shall be used to provide financial assistance to local	81122
units of government, school districts, and fire departments for	81123
the cost of the following three unfunded state mandates:	81124

(1) The cost to county prosecutors for prosecuting certain	81125
felonies that occur on the grounds of state institutions operated	81126
by the Department of Rehabilitation and Correction and the	81127
Department of Youth Services;	81128

(2) The cost, primarily to small villages and townships, of	81129
providing firefighter training and equipment or gear;	81130

(3) The cost to school districts of in-service training for	81131
child abuse detection.	81132

(B) The Department of Public Safety, the Office of Criminal	81133
Justice Services, and the Department of Education may prepare and	81134
submit to the Controlling Board one or more requests to transfer	81135
appropriations from appropriation item 911-404, Mandate	81136
Assistance. The state agencies charged with this administrative	81137
responsibility are listed below, as well as the estimated annual	81138
amounts that may be used for each program of state financial	81139
assistance.	81140

(C) Subject to the total amount appropriated in each fiscal	81147
year for appropriation item 911-404, Mandate Assistance, the	81148
Department of Public Safety, the Office of Criminal Justice	81149
Services, and the Department of Education may request from the	81150
Controlling Board that amounts smaller or larger than these	81151
estimated annual amounts be transferred to each program.	81152

(D) In addition to making the initial transfers requested by	81153
the Department of Commerce, the Office of Criminal Justice	81154
Services, and the Department of Education, the Controlling Board	81155
may transfer appropriations received by a state agency under this	81156
section back to appropriation item 911-404, Mandate Assistance, or	81157
to one or more of the other programs of state financial assistance	81158
identified under this section.	81159

(E) It is expected that not all costs incurred by local units	81160
of government, school districts, and fire departments under each	81161
of the three programs of state financial assistance identified	81162
under this section will be fully reimbursed by the state.	81163
Reimbursement levels may vary by program and shall be based on:	81164
the relationship between the appropriation transfers requested by	81165
the Department of Public Safety, the Office of Criminal Justice	81166
Services, and the Department of Education and provided by the	81167
Controlling Board for each of the programs; the rules and	81168
procedures established for each program by the administering state	81169
agency; and the actual costs incurred by local units of	81170
government, school districts, and fire departments.	81171

(F) Each of these programs of state financial assistance	81172
shall be carried out as follows:	81173

(1) PROSECUTION COSTS

81174

(a) Appropriations may be transferred to the Office of	81175
Criminal Justice Services to cover local prosecution costs for	81176
aggravated murder, murder, felonies of the first degree, and	81177
felonies of the second degree that occur on the grounds of	81178
institutions operated by the Department of Rehabilitation and	81179
Correction and the Department of Youth Services.	81180

(b) Upon a delinquency filing in juvenile court or the return	81181
of an indictment for aggravated murder, murder, or any felony of	81182
the first or second degree that was committed at a Department of	81183
Youth Services or a Department of Rehabilitation and Correction	81184
institution, the affected county may, in accordance with rules	81185
that the Office of Criminal Justice Services shall adopt, apply to	81186
the Office of Criminal Justice Services for a grant to cover all	81187
documented costs that are incurred by the county prosecutor's	81188
office.	81189

(c) Twice each year, the Office of Criminal Justice Services	81190
shall designate counties to receive grants from those counties	81191
that have submitted one or more applications in compliance with	81192
the rules that have been adopted by the Office of Criminal Justice	81193
Services for the receipt of such grants. In each year's first	81194
round of grant awards, if sufficient appropriations have been	81195
made, up to a total of $100,000 may be awarded. In each year's	81196
second round of grant awards, the remaining appropriations	81197
available for this purpose may be awarded.	81198

(d) If for a given round of grants there are insufficient	81199
appropriations to make grant awards to all the eligible counties,	81200
the first priority shall be given to counties with cases involving	81201
aggravated murder and murder; second priority shall be given to	81202
cases involving a felony of the first degree; and third priority	81203
shall be given to cases involving a felony of the second degree.	81204
Within these priorities, the grant awards shall be based on the	81205
order in which the applications were received, except that	81206
applications for cases involving a felony of the first or second	81207
degree shall not be considered in more than two consecutive rounds	81208
of grant awards.	81209

(2) FIREFIGHTER TRAINING COSTS

81210

Appropriations may be transferred to the Department of Public	81211
Safety for use as full or partial reimbursement to local units of	81212
government and fire departments for the cost of firefighter	81213
training and equipment or gear. In accordance with rules that the	81214
department shall adopt, a local unit of government or fire	81215
department may apply to the department for a grant to cover all	81216
documented costs that are incurred to provide firefighter training	81217
and equipment or gear. The department shall make grants within the	81218
limits of the funding provided, with priority given to fire	81219
departments that serve small villages and townships.	81220

(3) CHILD ABUSE DETECTION TRAINING COSTS

81221

Appropriations may be transferred to the Department of	81222
Education for disbursement to local school districts as full or	81223
partial reimbursement for the cost of providing in-service	81224
training for child abuse detection. In accordance with rules that	81225
the department shall adopt, a local school district may apply to	81226
the department for a grant to cover all documented costs that are	81227
incurred to provide in-service training for child abuse detection.	81228
The department shall make grants within the limits of the funding	81229
provided.	81230

(G) Any moneys allocated within appropriation item 911-404,	81231
Mandate Assistance, not fully utilized may, upon application of	81232
the Ohio Public Defender Commission, and with the approval of the	81233
Controlling Board, be disbursed to boards of county commissioners	81234
to provide additional reimbursement for the costs incurred by	81235
counties in providing defense to indigent defendants pursuant to	81236
Chapter 120. of the Revised Code.	81237

The amount to be disbursed to each county shall be allocated	81238
proportionately on the basis of the total amount of reimbursement	81239
paid to each county as a percentage of the amount of reimbursement	81240
paid to all of the counties during the most recent state fiscal	81241
year for which data is available and as calculated by the Ohio	81242
Public Defender Commission.	81243

BALLOT ADVERTISING COSTS

81244

Pursuant to requests submitted by the Ohio Ballot Board, the	81245
Controlling Board shall approve transfers from the foregoing	81246
appropriation item 911-441, Ballot Advertising Costs, to an Ohio	81247
Ballot Board appropriation item in order to reimburse county	81248
boards of elections for the cost of public notices associated with	81249
statewide ballot initiatives.	81250

Of the foregoing appropriation item 911-441, Ballot	81251
Advertising Costs, the Director of Budget and Management shall	81252
transfer any amounts that are not needed for the purpose of	81253
reimbursing county boards of elections for the cost of public	81254
notices associated with statewide ballot initiatives to	81255
appropriation item 911-404, Mandate Assistance.	81256

Section 32.  COS STATE BOARD OF COSMETOLOGY

81257

General Services Fund Group

81258

Section 33.  CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE AND	81264
FAMILY THERAPIST BOARD	81265

General Services Fund Group

81266

Section 34. CLA COURT OF CLAIMS

81272

General Revenue Fund

81273

State Special Revenue Fund Group

81276

OFFICE SPACE RENTAL EXPENSES

81281

Of the foregoing appropriation item 015-321, Operating	81282
Expenses, in fiscal year 2005, $302,000 shall be for the purpose	81283
of paying fiscal year 2005 office space rental expenses. Upon	81284
approval of the Controlling Board, the Court of Claims may expend	81285
up to $302,000 for the purpose of paying fiscal year 2005 office	81286
space rental expenses.	81287

Section 35. CJS OFFICE OF CRIMINAL JUSTICE SERVICES

81288

General Revenue Fund

81289

General Services Fund Group

81295

Federal Special Revenue Fund Group

81298

INDIGENT DEFENSE

81304

The Office of Criminal Justice Services shall make all	81305
efforts to maximize the amount of funding available for the	81306
defense of indigent persons.	81307

CRIMINAL JUSTICE INFORMATION SYSTEM

81308

The foregoing appropriation item 196-401, Criminal Justice	81309
Information System, shall be used by the Office of Criminal	81310
Justice Services to work on a plan to improve Ohio's criminal	81311
justice information systems. The Director of Criminal Justice	81312
Services shall evaluate the progress of this plan and issue a	81313
report to the Governor, the Speaker and the Minority Leader of the	81314
House of Representatives, the President and the Minority Leader of	81315
the Senate, the Criminal Justice Policy Board, and the Legislative	81316
Service Commission by the first day of January of each year of the	81317
two-year biennium beginning July 1, 2003, and ending June 30,	81318
2005.	81319

VIOLENCE PREVENTION SUBSIDY

81320

Of the foregoing appropriation item 196-405, Violence	81321
Prevention Subsidy, $60,000 in fiscal year 2004 shall be used for	81322
Montgomery County's STVM Safe House Domestic Transitional Housing.	81323

OPERATING EXPENSES

81324

Of the foregoing appropriation item 196-424, Operating	81325
Expenses, up to $650,000 in each fiscal year shall be used for the	81326
purpose of matching federal funds.	81327

JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT

81328

The foregoing appropriation item 196-602, Criminal Justice	81329
Federal Programs, shall be used to fund and close out the Juvenile	81330
Accountability Incentive Block Grant Program for federal fiscal	81331
year 1999.	81332

Section 36.  DEN STATE DENTAL BOARD

81333

General Services Fund Group

81334

Section 37.  BDP BOARD OF DEPOSIT

81340

General Services Fund Group

81341

BOARD OF DEPOSIT EXPENSE FUND

81346

Upon receiving certification of expenses from the Treasurer	81347
of State, the Director of Budget and Management shall transfer	81348
cash from the Investment Earnings Redistribution Fund (Fund 608)	81349
to the Board of Deposit Expense Fund (Fund 4M2). The latter fund	81350
shall be used to pay for banking charges and fees required for the	81351
operation of the State of Ohio Regular Account.	81352

Section 38. DEV DEPARTMENT OF DEVELOPMENT

81353

General Revenue Fund

81354

General Services Fund Group

81383

Federal Special Revenue Fund Group

81389

State Special Revenue Fund Group

81404

Facilities Establishment Fund Group

81421

Clean Ohio Revitalization Fund

81430

Coal Research/Development Fund

81433

Section 38.01. THOMAS EDISON PROGRAM

81438

The foregoing appropriation item 195-401, Thomas Edison	81439
Program, shall be used for the purposes of sections 122.28 to	81440
122.38 of the Revised Code in order to provide funds for	81441
cooperative public and private efforts in technological innovation	81442
to promote the development and transfer of technology by and to	81443
Ohio businesses that will lead to the creation of jobs, and to	81444
provide for the administration of this program by the Technology	81445
Division.	81446

Of the foregoing appropriation item 195-401, Thomas Edison	81447
Program, not more than $2,000,000 in fiscal year 2004 and	81448
$2,300,000 in fiscal year 2005 shall be used for operating	81449
expenditures in administering the programs of the Technology	81450
Division.	81451

Section 38.02.  SMALL BUSINESS DEVELOPMENT

81452

The foregoing appropriation item 195-404, Small Business	81453
Development, shall be used to ensure that the unique needs and	81454
concerns of small businesses are addressed.	81455

The foregoing appropriation item 195-404, Small Business	81456
Development, may be used to provide grants to local organizations	81457
to support the operation of Small Business Development Centers and	81458
other local economic development activity promoting small	81459
business, and for the cost of administering the small business	81460
development center program. The centers shall provide technical,	81461
financial, and management consultation for small business and	81462
shall facilitate access to state and federal programs. These funds	81463
shall be used as matching funds for grants from the United States	81464
Small Business Administration and other federal agencies, pursuant	81465
to Public Law No. 96-302 (1980) as amended by Public Law No.	81466
98-395 (1984), and regulations and policy guidelines for the	81467
programs under this law.	81468

In addition, the Office of Small Business may operate the	81469
1st-Stop Business Connection and implement and coordinate the	81470
duties imposed on the Department of Development by Am. Sub. S.B.	81471
239 of the 115th General Assembly.	81472

MINORITY BUSINESS DEVELOPMENT DIVISION

81473

Of the foregoing appropriation item 195-405, Minority	81474
Business Development Division, up to $1,060,000 but not less than	81475
$954,000 in each fiscal year shall be used to fund minority	81476
contractors and business assistance organizations. The Minority	81477
Business Development Division shall determine which cities need	81478
minority contractors and business assistance organizations by	81479
utilizing United States Census Bureau data and zip codes to locate	81480
the highest concentrations of minority businesses. The Minority	81481
Business Development Division also shall determine the numbers of	81482
minority contractors and business assistance organizations	81483
necessary and the amount of funding to be provided each. In	81484
addition, the Minority Business Development Division shall	81485
continue to plan and implement business conferences.	81486

COAL RESEARCH DEVELOPMENT

81487

The foregoing appropriation item 195-408, Coal Research	81488
Development, shall be used for the administrative costs of the	81489
Coal Development Office within the Technology Division.	81490

Section 38.03. OHIO PREPAREDNESS FOR BRAC-2005

81491

The foregoing appropriation item 195-410, Defense Conversion	81492
Assistance, shall be used for grants to local communities to pay	81493
for the costs associated with the research and preparation of	81494
response plans for military installations in Ohio, including	81495
Wright Patterson Air Force Base, Springfield Air National Guard	81496
Base, and other Ohio military installations in the state for the	81497
U.S. Department of Defense Base Realignment and Closure (BRAC)	81498
2005 Program. The grants shall contain requirements for cost	81499
sharing to evidence the commitment of local communities to this	81500
process. The Director of Development may reserve up to five per	81501
cent of the appropriation for contingency and administration	81502
support.	81503

Section 38.04. BUSINESS DEVELOPMENT

81504

The foregoing appropriation item 195-412, Business	81505
Development Grants, shall be used as an incentive for attracting	81506
and retaining business opportunities for the state. Any such	81507
business opportunity, whether new, expanding, or relocating in	81508
Ohio, is eligible for funding. The project must create or retain a	81509
significant number of jobs for Ohioans. Grant awards may be	81510
considered only when (1) the project's viability hinges on an	81511
award of funds from appropriation item 195-412, Business	81512
Development Grants; (2) all other public or private sources of	81513
financing have been considered; or (3) the funds act as a catalyst	81514
for the infusion into the project of other financing sources.	81515

The department's primary goal shall be to award funds to	81516
political subdivisions of the state for off-site infrastructure	81517
improvements. In order to meet the particular needs of economic	81518
development in a region, the department may elect to award funds	81519
directly to a business for on-site infrastructure improvements.	81520
"Infrastructure improvements" mean improvements to water system	81521
facilities, sewer and sewage treatment facilities, electric or gas	81522
service facilities, fiber optic facilities, rail facilities, site	81523
preparation, and parking facilities. The Director of Development	81524
may recommend the funds be used in an alternative manner when	81525
deemed appropriate to meet an extraordinary economic development	81526
opportunity or need.	81527

The foregoing appropriation item 195-412, Business	81528
Development Grants, may be expended only after the submission of a	81529
request to the Controlling Board by the Department of Development	81530
outlining the planned use of the funds, and the subsequent	81531
approval of the request by the Controlling Board.	81532

The foregoing appropriation item 195-412, Business	81533
Development Grants, may be used for, but is not limited to,	81534
construction, rehabilitation, and acquisition projects for rail	81535
freight assistance as requested by the Department of	81536
Transportation. The Director of Transportation shall submit the	81537
proposed projects to the Director of Development for an evaluation	81538
of potential economic benefit.	81539

Section 38.05.  FIRST FRONTIER MATCH

81540

The foregoing appropriation item 195-414, First Frontier	81541
Match, shall be used as matching funds to targeted counties for	81542
the purpose of marketing state, regional, and local	81543
characteristics that may attract economic development. "Targeted	81544
counties" mean counties that have a population of less than	81545
175,000 residents. The appropriation may be used either for	81546
marketing programs by individual targeted counties or for regional	81547
marketing campaigns that are marketing programs in which at least	81548
one targeted county is participating with one or more other	81549
targeted counties or larger counties.	81550

ECONOMIC DEVELOPMENT DIVISION AND REGIONAL OFFICES

81551

The foregoing appropriation item 195-415, Economic	81552
Development Division and Regional Offices, shall be used for the	81553
operating expenses of the Economic Development Division and the	81554
regional economic development offices and for grants for	81555
cooperative economic development ventures.	81556

Of the foregoing appropriation item 195-415, Economic	81557
Development Division and Regional Offices, up to $500,000 in	81558
fiscal year 2004 shall be used to support the Ohio Broadband	81559
Initiative.	81560

Section 38.06.  GOVERNOR'S OFFICE OF APPALACHIA

81561

The foregoing appropriation item 195-416, Governor's Office	81562
of Appalachia, shall be used for the administrative costs of	81563
planning and liaison activities for the Governor's Office of	81564
Appalachia. Funds not expended for planning and liaison activities	81565
may be expended for special project grants within the Appalachian	81566
Region.	81567

Of the foregoing appropriation item 195-416, Governor's	81568
Office of Appalachia, up to $250,000 each fiscal year shall be	81569
used to match federal funds from the Appalachian Regional	81570
Commission to provide job training to impact the Appalachian	81571
Region.	81572

Of the foregoing appropriation item 195-416, Governor's	81573
Office of Appalachia, up to $4,372,324 in each fiscal year shall	81574
be used in conjunction with other federal and state funds to	81575
provide financial assistance to projects in Ohio's Appalachian	81576
counties in order to further the goals of the Appalachian Regional	81577
Commission. Such projects and project sponsors shall meet	81578
Appalachian Regional Commission eligibility requirements. Grants	81579
shall be administered by the Department of Development.	81580

URBAN/RURAL INITIATIVE

81581

The foregoing appropriation item 195-417, Urban/Rural	81582
Initiative, shall be used to make grants in accordance with	81583
sections 122.19 to 122.22 of the Ohio Revised Code.	81584

Section 38.07. THIRD FRONTIER ACTION FUND

81585

The foregoing appropriation item 195-422, Third Frontier	81586
Action Fund, shall be used to make grants in accordance with	81587
sections 184.01 and 184.02 of the Revised Code. Prior to the	81588
release of funds from appropriation item 195-422, Third Frontier	81589
Action Fund, each grant award shall be recommended for funding by	81590
the Third Frontier Commission and obtain approval from the	81591
Controlling Board.	81592

Of the foregoing appropriation item 195-422, Third Frontier	81593
Action Fund, not more than six per cent in each fiscal year shall	81594
be used for operating expenditures in administering the program.	81595

In addition to the six per cent for operating expenditures,	81596
an additional administrative amount, not to exceed $1,500,000	81597
within the biennium, shall be available for proposal evaluation,	81598
research and analyses, and marketing efforts deemed necessary to	81599
receive and disseminate information about science and	81600
technology-related opportunities in the state.	81601

SCIENCE AND TECHNOLOGY COLLABORATION

81602

The Department of Development shall work in close	81603
collaboration with the Board of Regents and the Third Frontier	81604
Commission in relation to appropriation items and programs listed	81605
in the following paragraph, and other technology-related	81606
appropriations and programs in the Department of Development and	81607
the Board of Regents as those agencies may designate, to ensure	81608
implementation of a coherent state strategy with respect to	81609
science and technology.	81610

Each of the following appropriations and programs: 195-401,	81611
Thomas Edison Program; 195-408, Coal Research Development;	81612
195-422, Third Frontier Action Fund; 195-632, Coal Research and	81613
Development Fund; 235-454, Research Challenge; 235-510, Ohio	81614
Supercomputer Center; 235-527, Ohio Aerospace Institute; 235-535,	81615
Agricultural Research and Development Center; 235-553, Dayton Area	81616
Graduate Studies Institute; 235-554, Computer Science Graduate	81617
Education; 235-556, Ohio Academic Resources Network; and 195-435,	81618
Biomedical Research and Technology Transfer Trust, shall be	81619
reviewed annually by the Third Frontier Commission with respect to	81620
its development of complementary relationships within a combined	81621
state science and technology investment portfolio and its overall	81622
contribution to the state's science and technology strategy,	81623
including the adoption of appropriately consistent criteria for:	81624
(1) the scientific merit of activities supported by the program;	81625
(2) the relevance of the program's activities to commercial	81626
opportunities in the private sector; (3) the private sector's	81627
involvement in a process that continually evaluates commercial	81628
opportunities to use the work supported by the program; and (4)	81629
the ability of the program and recipients of grant funding from	81630
the program to engage in activities that are collaborative,	81631
complementary, and efficient with respect to the expenditure of	81632
state funds.	81633

All programs listed in the preceding paragraph shall provide	81634
annual reports to the Third Frontier Commission discussing	81635
existing, planned, or possible collaborations between programs and	81636
recipients of grant funding related to technology, development,	81637
commercialization, and supporting Ohio's economic development. The	81638
annual review by the Third Frontier Commission shall be a	81639
comprehensive review of the entire state science and technology	81640
program portfolio rather than a review of individual programs.	81641

Section 38.08.  INTERNATIONAL TRADE

81642

The foregoing appropriation item 195-432, International	81643
Trade, shall be used to operate and to maintain Ohio's	81644
out-of-state trade offices.	81645

The Director of Development may enter into contracts with	81646
foreign nationals to staff foreign offices. Such contracts may be	81647
paid in local currency or United States currency and shall be	81648
exempt from the provisions of section 127.16 of the Revised Code.	81649
The director also may establish foreign currency accounts in	81650
accordance with section 122.05 of the Revised Code for the payment	81651
of expenses related to the operation and maintenance of the	81652
foreign trade offices.	81653

The foregoing appropriation item 195-432, International	81654
Trade, shall be used to fund the International Trade Division and	81655
to assist Ohio manufacturers and agricultural producers in	81656
exporting to foreign countries in conjunction with the Department	81657
of Agriculture.	81658

Of the foregoing appropriation item 195-432, International	81659
Trade, up to $35,000 may be used to purchase gifts for	81660
representatives of foreign governments or dignitaries of foreign	81661
countries.	81662

Section 38.09.  OHIO INVESTMENT IN TRAINING PROGRAM

81663

The foregoing appropriation item 195-434, Investment in	81664
Training Grants, shall be used to promote training through grants	81665
for the reimbursement of eligible training expenses.	81666

Section 38.10. CDBG OPERATING MATCH

81667

The foregoing appropriation item 195-497, CDBG Operating	81668
Match, shall be used to provide matching funds as requested by the	81669
United States Department of Housing and Urban Development to	81670
administer the federally funded Community Development Block Grant	81671
(CDBG) program.	81672

STATE OPERATING MATCH

81673

The foregoing appropriation item 195-498, State Energy Match,	81674
shall be used to provide matching funds as required by the United	81675
States Department of Energy to administer the federally funded	81676
State Energy Plan.	81677

Section 38.11.  TRAVEL AND TOURISM GRANTS

81678

The foregoing appropriation item 195-507, Travel and Tourism	81679
Grants, shall be used to provide grants to local organizations to	81680
support various local travel and tourism events in Ohio.	81681

Of the foregoing appropriation item 195-507, Travel and	81682
Tourism Grants, up to $160,000 in each fiscal year of the biennium	81683
may be used to support the outdoor dramas Trumpet in the Land,	81684
Blue Jacket, Tecumseh, and the Becky Thatcher Showboat Drama;	81685
$40,000 in each fiscal year shall be used for the Cincinnati Film	81686
Commission; $40,000 in each fiscal year shall be used for the	81687
Cleveland Film Commission; $600,000 in each fiscal year shall be	81688
used for grants to the International Center for the Preservation	81689
of Wild Animals; $120,000 in each fiscal year shall be used for	81690
the Ottawa County Visitors Bureau, the Sandusky/Erie County	81691
Visitors and Convention Bureau, and the Lorain County Visitors	81692
Bureau for collaborative efforts to promote tourism; $25,000 in	81693
each fiscal year shall be used for the Ohio River Trails Program;	81694
$40,000 in fiscal year 2004 shall be used for the United States	81695
Senior Open in Toledo; $20,000 in fiscal year 2005 for the	81696
Professional Football Hall of Fame; and $20,000 in fiscal year	81697
2005 for the Cuyahoga Valley Scenic Railroad.	81698

Section 38.11a. SHOVEL READY SITES

81699

The foregoing appropriation item 195-516, Shovel Ready Sites,	81700
shall be used for the Shovel Ready Sites Program.	81701

The Director of Development shall contract for pilot projects	81702
with three port authorities, two of which shall be from urban	81703
counties with populations of at least 200,000 but not more than	81704
600,000 residents, and one of which shall be from a rural county.	81705
The appropriation shall be used to leverage federal funds, local	81706
funds, or both, to provide grants for the preparation of sites for	81707
immediate construction for infrastructure in the state.	81708

Section 38.12. THIRD FRONTIER RESEARCH & COMMERCIALIZATION	81709
GENERAL OBLIGATION DEBT SERVICE	81710

The foregoing appropriation item 195-905, Third Frontier	81711
Research & Commercialization General Obligation Debt Service,	81712
shall be used to pay all debt service and related financing costs	81713
during the period from July 1, 2003, to June 30, 2005, on	81714
obligations to be issued for research and development purposes	81715
under Section 2p of Article VIII, Ohio Constitution, and	81716
implementing legislation. The Office of the Sinking Fund or the	81717
Director of Budget and Management shall effectuate the required	81718
payments by an intrastate transfer voucher.	81719

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

81720

The foregoing appropriation item 195-906, Coal	81721
Research/Development General Obligation Debt Service, shall be	81722
used to pay all debt service and related financing costs at the	81723
times they are required to be made under sections 151.01 and	81724
151.07 of the Revised Code during the period from July 1, 2003, to	81725
June 30, 2005. The Commissioners of the Sinking Fund or the	81726
Director of Budget and Management shall effectuate the required	81727
payments by an intrastate transfer voucher.	81728

Section 38.13. SUPPORTIVE SERVICES

81729

The Director of Development may assess divisions of the	81730
department for the cost of central service operations. Such an	81731
assessment shall be based on a plan submitted to and approved by	81732
the Office of Budget and Management by the first day of August of	81733
each fiscal year, and contain the characteristics of	81734
administrative ease and uniform application.	81735

A division's payments shall be credited to the Supportive	81736
Services Fund (Fund 135) using an intrastate transfer voucher.	81737

GENERAL REIMBURSEMENT

81738

The foregoing appropriation item 195-636, General	81739
Reimbursements, shall be used for conference and subscription fees	81740
and other reimbursable costs. Revenues to the General	81741
Reimbursement Fund (Fund 685) shall consist of fees and other	81742
moneys charged for conferences, subscriptions, and other	81743
administrative costs that are not central service costs.	81744

Section 38.13a.  TRAINING SERVICES

81745

Of the foregoing appropriation item 195-605, Federal	81746
Projects, $400,000 in each fiscal year shall be used for grants to	81747
the Ohio Weatherization Training Center, administered by the	81748
Corporation for Ohio Appalachian Development, for training and	81749
technical assistance services.	81750

Section 38.14. HEAP WEATHERIZATION

81751

Fifteen per cent of the federal funds received by the state	81752
for the Home Energy Assistance Block Grant shall be deposited in	81753
appropriation item 195-614, HEAP Weatherization (Fund 3K9), and	81754
shall be used to provide home weatherization services in the	81755
state.	81756

Of the foregoing appropriation item 195-614, HEAP	81757
Weatherization, $200,000 in each fiscal year shall be used for	81758
grants to the Ohio Weatherization Training Center, administered by	81759
the Corporation for Ohio Appalachian Development, for training and	81760
technical assistance services.	81761

STATE SPECIAL PROJECTS

81762

The foregoing appropriation item 195-639, State Special	81763
Projects, shall be used as a general account for the deposit of	81764
private-sector funds from utility companies and other	81765
miscellaneous state funds. Private-sector moneys shall be used to	81766
(1) pay the expenses of verifying the income-eligibility of HEAP	81767
applicants, (2) market economic development opportunities in the	81768
state, and (3) leverage additional federal funds. State funds	81769
shall be used to match federal housing grants for the homeless.	81770

Section 38.15.  MINORITY BUSINESS ENTERPRISE LOAN

81771

All repayments from the Minority Development Financing	81772
Advisory Board loan program and the Ohio Mini-Loan Guarantee	81773
Program shall be deposited in the State Treasury to the credit of	81774
the Minority Business Enterprise Loan Fund (Fund 4W1).	81775

All operating costs of administering the Minority Business	81776
Enterprise Loan Fund shall be paid from the Minority Business	81777
Enterprise Loan Fund (Fund 4WI).	81778

MINORITY BUSINESS BONDING FUND

81779

Notwithstanding Chapters 122., 169., and 175. of the Revised	81780
Code and other provisions of Am. Sub. H.B. 283 of the 123rd	81781
General Assembly, the Director of Development may, upon the	81782
recommendation of the Minority Development Financing Advisory	81783
Board, pledge up to $10,000,000 in the 2003-2005 biennium of	81784
unclaimed funds administered by the Director of Commerce and	81785
allocated to the Minority Business Bonding Program pursuant to	81786
section 169.05 of the Revised Code. The transfer of any cash by	81787
the Director of Budget and Management from the Department of	81788
Commerce's Unclaimed Funds Fund (Fund 543) to the Department of	81789
Development's Minority Business Bonding Fund (Fund 449) shall	81790
occur, if requested by the Director of Development, only if such	81791
funds are needed for payment of losses arising from the Minority	81792
Business Bonding Program, and only after proceeds of the initial	81793
transfer of $2,700,000 by the Controlling Board to the Minority	81794
Business Bonding Program has been used for that purpose. Moneys	81795
transferred by the Director of Budget and Management from the	81796
Department of Commerce for this purpose may be moneys in custodial	81797
funds held by the Treasurer of State. If expenditures are required	81798
for payment of losses arising from the Minority Business Bonding	81799
Program, such expenditures shall be made from appropriation item	81800
195-623, Minority Business Bonding Contingency in the Minority	81801
Business Bonding Fund, and such amounts are appropriated.	81802

MINORITY BUSINESS BONDING PROGRAM ADMINISTRATION

81803

Investment earnings of the Minority Business Bonding Fund	81804
(Fund 449) shall be credited to the Minority Business Bonding	81805
Program Administration Fund (Fund 450).	81806

Section 38.16. ECONOMIC DEVELOPMENT FINANCING OPERATING

81807

The foregoing appropriation item 195-625, Economic	81808
Development Financing Operating, shall be used for the operating	81809
expenses of financial assistance programs authorized under Chapter	81810
166. of the Revised Code and under sections 122.43 and 122.45 of	81811
the Revised Code.	81812

VOLUME CAP ADMINISTRATION

81813

The foregoing appropriation item 195-654, Volume Cap	81814
Administration, shall be used for expenses related to the	81815
administration of the Volume Cap Program. Revenues received by the	81816
Volume Cap Administration Fund (Fund 617) shall consist of	81817
application fees, forfeited deposits, and interest earned from the	81818
custodial account held by the Treasurer of State.	81819

UNIVERSAL SERVICE FUND

81820

The foregoing appropriation item 195-659, Universal Service,	81821
shall be used to provide payments to regulated electric utility	81822
companies for low-income customers enrolled in Percentage of	81823
Income Payment Plan (PIPP) electric accounts, to fund targeted	81824
energy efficiency and customer education services to PIPP	81825
customers, and to cover the department's administrative costs	81826
related to the Universal Service Fund Programs.	81827

ENERGY EFFICIENCY REVOLVING LOAN FUND

81828

The foregoing appropriation item 195-660, Energy Efficiency	81829
Revolving Loan, shall be used to provide financial assistance to	81830
customers for eligible energy efficiency projects for residential,	81831
commercial and industrial business, local government, educational	81832
institution, nonprofit, and agriculture customers, and to pay for	81833
the program's administrative costs as provided in the Revised Code	81834
and rules adopted by the Director of Development.	81835

Section 38.17.  FACILITIES ESTABLISHMENT FUND

81836

The foregoing appropriation item 195-615, Facilities	81837
Establishment (Fund 037), shall be used for the purposes of the	81838
Facilities Establishment Fund under Chapter 166. of the Revised	81839
Code.	81840

Notwithstanding Chapter 166. of the Revised Code, up to	81841
$1,800,000 in cash per fiscal year may be transferred from the	81842
Facilities Establishment Fund (Fund 037) to the Economic	81843
Development Financing Operating Fund (Fund 451). The transfer is	81844
subject to Controlling Board approval pursuant to division (B) of	81845
section 166.03 of the Revised Code.	81846

Notwithstanding Chapter 166. of the Revised Code, up to	81847
$20,475,000 in cash may be transferred during the biennium from	81848
the Facilities Establishment Fund (Fund 037) to the Urban	81849
Redevelopment Loans Fund (Fund 5D2) for the purpose of removing	81850
barriers to urban core redevelopment. The Director of Development	81851
shall develop program guidelines for the transfer and release of	81852
funds, including, but not limited to, the completion of all	81853
appropriate environmental assessments before state assistance is	81854
committed to a project.	81855

Notwithstanding Chapter 166. of the Revised Code, up to	81856
$5,000,000 per fiscal year in cash may be transferred from the	81857
Facilities Establishment Fund (Fund 037) to the Rural Industrial	81858
Park Loan Fund (Fund 4Z6). The transfer is subject to Controlling	81859
Board approval pursuant to section 166.03 of the Revised Code.	81860

FAMILY FARM LOAN PROGRAM

81861

Notwithstanding Chapter 166. of the Revised Code, up to	81862
$1,500,000 in each fiscal year shall be transferred from moneys in	81863
the Facilities Establishment Fund (Fund 037) to the Family Farm	81864
Loan Guarantee Fund (Fund 5H1) in the Department of Development.	81865
These moneys shall be used for loan guarantees. The transfer is	81866
subject to Controlling Board approval.	81867

Financial assistance from the Family Farm Loan Guarantee Fund	81868
(Fund 5H1) shall be repaid to Fund 5H1. This fund is established	81869
in accordance with sections 166.031, 901.80, 901.81, 901.82, and	81870
901.83 of the Revised Code.	81871

When the Family Farm Loan Guarantee Fund (Fund 5H1) ceases to	81872
exist, all outstanding balances, all loan repayments, and any	81873
other outstanding obligations shall revert to the Facilities	81874
Establishment Fund (Fund 037).	81875

RURAL DEVELOPMENT INITIATIVE FUND

81876

(A)(1) The Rural Development Initiative Fund (Fund 5S8) shall	81877
receive moneys from the Facilities Establishment Fund (Fund 037).	81878
The Director of Development may make grants from the Rural	81879
Development Initiative Fund as specified in division (A)(2) of	81880
this section to eligible applicants in Appalachian counties and in	81881
rural counties in the state that are designated as distressed	81882
pursuant to section 122.25 of the Revised Code. Preference shall	81883
be given to eligible applicants located in Appalachian counties	81884
designated as distressed by the federal Appalachian Regional	81885
Commission. The Rural Development Initiative Fund (Fund 5S8) shall	81886
cease to exist after June 30, 2007. All moneys remaining in the	81887
Fund after that date shall revert to the Facilities Establishment	81888
Fund (Fund 037).	81889

(2) The Director of Development shall make grants from the	81890
Rural Development Initiative Fund (Fund 5S8) only to eligible	81891
applicants who also qualify for and receive funding under the	81892
Rural Industrial Park Loan Program as specified in sections 122.23	81893
to 122.27 of the Revised Code. Eligible applicants shall use the	81894
grants for the purposes specified in section 122.24 of the Revised	81895
Code. All projects supported by grants from the fund are subject	81896
to Chapter 4115. of the Revised Code as specified in division (E)	81897
of section 166.02 of the Revised Code. The Director shall develop	81898
program guidelines for the transfer and release of funds. The	81899
release of grant moneys to an eligible applicant is subject to	81900
Controlling Board approval.	81901

(B) Notwithstanding Chapter 166. of the Revised Code, the	81902
Director of Budget and Management may transfer up to $5,000,000	81903
per fiscal year in cash on an as needed basis at the request of	81904
the Director of Development from the Facilities Establishment Fund	81905
(Fund 037) to the Rural Development Initiative Fund (Fund 5S8).	81906
The transfer is subject to Controlling Board approval pursuant to	81907
section 166.03 of the Revised Code.	81908

CAPITAL ACCESS LOAN PROGRAM

81909

The foregoing appropriation item 195-628, Capital Access Loan	81910
Program, shall be used for operating, program, and administrative	81911
expenses of the program. Funds of the Capital Access Loan Program	81912
shall be used to assist participating financial institutions in	81913
making program loans to eligible businesses that face barriers in	81914
accessing working capital and obtaining fixed asset financing.	81915

Notwithstanding Chapter 166. of the Revised Code, the	81916
Director of Budget and Management may transfer up to $3,000,000	81917
per fiscal year in cash on an as needed basis at the request of	81918
the Director of Development from the Facilities Establishment Fund	81919
(Fund 037) to the Capital Access Loan Program Fund (Fund 5S9). The	81920
transfer is subject to Controlling Board approval pursuant to	81921
section 166.03 of the Revised Code.	81922

Section 38.18. CLEAN OHIO OPERATING EXPENSES

81923

The foregoing appropriation item 195-663, Clean Ohio	81924
Operating, shall be used by the Department of Development in	81925
administering sections 122.65 to 122.658 of the Revised Code.	81926

Section 39.  OBD OHIO BOARD OF DIETETICS

81927

General Services Fund Group

81928

Section 40.  EDU DEPARTMENT OF EDUCATION

81934

General Revenue Fund

81935

General Services Fund Group

81985

Federal Special Revenue Fund Group

81995

State Special Revenue Fund Group

82024

Lottery Profits Education Fund Group

82036

Revenue Distribution Fund Group

82041

Section 40.01. MAINTENANCE AND EQUIPMENT

82047

Of the foregoing appropriation item 200-320, Maintenance and	82048
Equipment, up to $25,000 may be expended in each fiscal year for	82049
State Board of Education out-of-state travel.	82050

Section 40.02. PUBLIC PRESCHOOL

82051

The Department of Education shall distribute the foregoing	82052
appropriation item 200-408, Public Preschool, to pay the costs of	82053
comprehensive preschool programs. As used in this section, "school	82054
district" means a city, local, exempted village, or joint	82055
vocational school district, or an educational service center.	82056

(A) In each fiscal year, up to two per cent of the total	82057
appropriation may be used by the department for program support	82058
and technical assistance; developing program capacity; and	82059
assisting programs with facilities planning, construction,	82060
renovation, or lease agreements in conjunction with the Community	82061
Development Finance Fund (CDFF). The Department shall distribute	82062
the remainder of the appropriation in each fiscal year to serve	82063
children from families earning not more than 185 per cent of the	82064
federal poverty guidelines.	82065

(B) The department shall provide an annual report to the	82066
Governor, the Speaker of the House of Representatives, the	82067
President of the Senate, the State Board of Education, Head Start	82068
agencies, and other interested parties regarding the Public	82069
Preschool Program and performance indicators, as outlined by the	82070
Department.	82071

(C) For purposes of this section, "eligible child" means a	82072
child who is at least three years of age, is not of the age to be	82073
eligible for kindergarten, and whose family earns not more than	82074
185 per cent of the federal poverty guidelines.	82075

(D) After setting aside the amounts to make payments due from	82076
the previous fiscal year, in fiscal year 2004 and fiscal year	82077
2005, the Department shall distribute funds first to recipients of	82078
funds under the program in the previous fiscal year and the	82079
balance to new recipients. Awards under this section shall be	82080
distributed on a per-pupil basis, which the Department may adjust	82081
so that the per-pupil amount multiplied by the number of eligible	82082
children enrolled and receiving services, as defined by the	82083
Department, reported on the first day of December or the first	82084
business day following that date equals the amount allocated under	82085
division (A) of this section. The Department may increase the	82086
per-pupil amount by a reasonable percentage for inflation, to be	82087
determined by the Department.	82088

The Department may reallocate unobligated or unspent money to	82089
participating school districts for purposes of program expansion,	82090
improvement, or special projects to promote quality and	82091
innovation.	82092

(E) Costs for developing and administering a preschool	82093
program may not exceed fifteen per cent of the total approved	82094
costs of the program.	82095

All recipients of funds shall maintain such fiscal control	82096
and accounting procedures as may be necessary to ensure the	82097
disbursement of, and accounting for, these funds. The control of	82098
funds provided in this program, and title to property obtained	82099
therefrom, shall be under the authority of the approved recipient	82100
for purposes provided in the program unless, as described in	82101
division (J) of this section, a preschool program waives its right	82102
for funding or a program's funding is eliminated or reduced due to	82103
its inability to meet financial or program performance standards.	82104
The approved recipient shall administer and use such property and	82105
funds for the purposes specified.	82106

(F) The Department shall prescribe target levels for critical	82107
performance indicators for the purpose of assessing public	82108
preschool programs. On-site reviews and follow-up visits shall be	82109
based on progress in meeting the prescribed target levels.	82110

(G) The Department may examine a recipient's financial and	82111
program records. If the financial practices of the program are not	82112
in accordance with standard accounting principles or do not meet	82113
financial standards outlined under division (E) of this section,	82114
or if the program fails to substantially meet the Head Start	82115
performance standards or exhibits below average performance as	82116
measured against the performance indicators outlined in division	82117
(F) of this section, the preschool program shall propose and	82118
implement a corrective action plan that has been approved by the	82119
Department. The approved corrective action plan shall be signed by	82120
the school district board of education and the appropriate grantee	82121
official. The corrective action plan shall include a schedule for	82122
monitoring by the Department. Such monitoring may include monthly	82123
reports, inspections, a timeline for correction of deficiencies,	82124
and technical assistance to be provided by the Department or	82125
obtained by the public preschool program. The Department may	82126
withhold funding pending corrective action. If a public preschool	82127
program fails to satisfactorily complete a corrective action plan,	82128
the Department may either deny expansion funding to the program or	82129
withdraw all or part of the public preschool funding from the	82130
agency and establish a new state-funded agency through a	82131
competitive bidding process established by the Department.	82132

(H) The department shall require public preschool programs to	82133
document child progress, using research-based indicators as	82134
prescribed by the department, and report results annually. The	82135
department shall determine the dates for documenting and	82136
reporting.	82137

(I) Each school district shall develop a sliding fee scale	82138
based on family incomes in the district and shall charge families	82139
who earn more than the federal poverty guidelines for preschool.	82140

(J) If a public preschool program voluntarily waives its	82141
right for funding, or has its funding eliminated for not meeting	82142
financial standards or program performance standards, the grantee	82143
and delegate shall transfer control of title to property,	82144
equipment, and remaining supplies obtained through the program to	82145
designated grantees and return any unexpended funds to the	82146
Department along with any reports prescribed by the Department.	82147
The funding made available from a program that waives its right	82148
for funding or has its funding eliminated or reduced may be used	82149
by the Department for new grant awards or expansion grants. The	82150
Department may award new grants or expansion grants to eligible	82151
providers who apply. The eligible providers who apply must do so	82152
in accordance with the competitive bidding process established by	82153
the Department.	82154

Section 40.03. PROFESSIONAL DEVELOPMENT

82155

Of the foregoing appropriation item 200-410, Professional	82156
Development, $5,200,000 in fiscal year 2004 shall be used by the	82157
Department of Education to support a statewide comprehensive	82158
system of regional professional development centers that support	82159
local educators' ability to foster academic achievement in the	82160
students they serve. Of the foregoing appropriation item 200-410,	82161
Professional Development, $5,200,000 in fiscal year 2005 shall be	82162
used by the regional education delivery system. Before releasing	82163
these funds in fiscal year 2005, the Department of Education shall	82164
submit a spending plan to the Controlling Board. The release of	82165
the funds is contingent on Controlling Board approval of the	82166
spending plan. Both the regional professional development centers	82167
in fiscal year 2004 and the regional education delivery system in	82168
fiscal year 2005 shall include training that assists educators,	82169
school leadership, and technical assistance providers in	82170
understanding and implementing standards-based education, data	82171
analysis, and development of assessment systems for quality	82172
instruction.	82173

Of the foregoing appropriation item 200-410, Professional	82174
Development, $7,079,625 in fiscal year 2004 and $8,004,625 in	82175
fiscal year 2005 shall be used by the Department of Education to	82176
provide grants to pay $2,000 of the application fee in order to	82177
assist teachers from public and chartered nonpublic schools	82178
applying for the first time to the National Board for Professional	82179
Teaching Standards for professional teaching certificates or	82180
licenses that the board offers. This set aside shall also be used	82181
to recognize and reward teachers who become certified by the	82182
National Board for Professional Teaching Standards pursuant to	82183
section 3319.55 of the Revised Code. Up to $300,000 in each fiscal	82184
year of this set aside may be used by the Department to pay for	82185
costs associated with activities to support candidates through the	82186
application and certification process.	82187

These moneys shall be used to pay up to the first 500	82188
applications in fiscal year 2004 and the first 400 applications in	82189
fiscal year 2005 received by the Department. Each prospective	82190
applicant for certification or licensure shall submit an	82191
application to the Department of Education. When the Department	82192
has collected a group of applications, but not later than 30 days	82193
after receipt of the first application in a group, it shall send	82194
the applications to the National Board for Professional Teaching	82195
Standards along with a check to cover the remaining cost of the	82196
application fee for all applicants in that group.	82197

Of the foregoing appropriation item 200-410, Professional	82198
Development, up to $13,442,358 in each fiscal year shall be	82199
allocated for entry year programs. These funds shall be used to	82200
support mentoring services and performance assessments of	82201
beginning teachers in school districts and chartered nonpublic	82202
schools.	82203

Of the foregoing appropriation item 200-410, Professional	82204
Development, up to $188,090 in each fiscal year shall be used to	82205
provide technical assistance and grants for districts to develop	82206
local knowledge/skills-based compensation systems. Each district	82207
receiving grants shall issue an annual report to the Department of	82208
Education detailing the use of the funds and the impact of the	82209
system developed by the district.	82210

Of the foregoing appropriation item 200-410, Professional	82211
Development, up to $670,000 in each fiscal year shall be used for	82212
training and professional development of school administrators,	82213
school treasurers, and school business officials.	82214

Of the foregoing appropriation item 200-410, Professional	82215
Development, $144,000 in each fiscal year shall be used by the	82216
Department of Education to develop a supply and demand report that	82217
describes the availability of quality educators and critical	82218
educator shortage areas in Ohio.	82219

Of the foregoing appropriation item 200-410, Professional	82220
Development, $1,056,000 in each fiscal year shall be used for	82221
educator recruitment programs targeting special need areas,	82222
including recruiting highly qualified minority candidates into	82223
teaching, recruiting prospective mathematics and science teachers,	82224
and targeting other areas of special need.	82225

Of the foregoing appropriation item 200-410, Professional	82226
Development, $60,000 in fiscal year 2004 and $70,000 in fiscal	82227
year 2005 shall be used to support the Ohio University Leadership	82228
Program.	82229

Of the foregoing appropriation item 200-410, Professional	82230
Development, $4,650,000 in each fiscal year shall be allocated by	82231
the Department of Education on a per pupil basis, to school	82232
districts in academic emergency. These funds shall be used by the	82233
districts to provide an equivalent of five days of ongoing	82234
embedded professional development for classroom teachers who	82235
provide instruction in the subject areas of reading, writing,	82236
mathematics, science, or social studies to students enrolled in	82237
the ninth or tenth grade. This professional development shall	82238
focus on developing subject competency, developing cultural	82239
competency, developing skills for analyzing test data, and	82240
developing data-based intervention strategies to prepare students	82241
below grade level to pass the Ohio Graduation Test. Districts	82242
shall submit a research-based, professional development plan for	82243
five days of embedded professional development to the Department	82244
of Education prior to receiving funds. The plan shall detail how	82245
ninth and tenth grade teachers will learn and implement classroom	82246
strategies for students to reach state standards in mathematics,	82247
reading, writing, social studies, and science.	82248

CAREER-TECHNICAL EDUCATION MATCH

82249

The foregoing appropriation item 200-416, Career-Technical	82250
Education Match, shall be used by the Department of Education to	82251
provide vocational administration matching funds pursuant to 20	82252
U.S.C. 2311.	82253

Section 40.04. TECHNICAL SYSTEMS DEVELOPMENT

82254

The foregoing appropriation item 200-420, Technical Systems	82255
Development, shall be used to support the development and	82256
implementation of information technology solutions designed to	82257
improve the performance and customer service of the Department of	82258
Education. Funds may be used for personnel, maintenance, and	82259
equipment costs related to the development and implementation of	82260
these technical system projects. Implementation of these systems	82261
shall allow the Department to provide greater levels of assistance	82262
to school districts and to provide more timely information to the	82263
public, including school districts, administrators, and	82264
legislators.	82265

ALTERNATIVE EDUCATION PROGRAMS

82266

There is hereby created the Alternative Education Advisory	82267
Council, which shall consist of one representative from each of	82268
the following agencies: the Ohio Department of Education; the	82269
Department of Youth Services; the Ohio Department of Alcohol and	82270
Drug Addiction Services; the Department of Mental Health; the	82271
Office of the Governor or, at the Governor's discretion, the	82272
Office of the Lieutenant Governor; the Office of the Attorney	82273
General; and the Office of the Auditor of State.	82274

Of the foregoing appropriation item 200-421, Alternative	82275
Education Programs, not less than $7,529,274 in each fiscal year	82276
shall be used for the renewal of successful implementation grants	82277
and for competitive matching grants to the 21 urban school	82278
districts as defined in division (O) of section        Sec. 3317.02.  of the	82279
Revised Code as it existed prior to July 1, 1998, and not less	82280
than $7,494,820 in each fiscal year shall be used for the renewal	82281
of successful implementation of grants and for competitive	82282
matching grants to rural and suburban school districts for	82283
alternative educational programs for existing and new at-risk and	82284
delinquent youth. Programs shall be focused on youth in one or	82285
more of the following categories: those who have been expelled or	82286
suspended, those who have dropped out of school or who are at risk	82287
of dropping out of school, those who are habitually truant or	82288
disruptive, or those on probation or on parole from a Department	82289
of Youth Services facility. Grants shall be awarded according to	82290
the criteria established by the Alternative Education Advisory	82291
Council in 1999. Grants shall be awarded only to programs where	82292
the grant would not serve as the program's primary source of	82293
funding. These grants shall be administered by the Department of	82294
Education.	82295

The Department of Education may waive compliance with any	82296
minimum education standard established under section 3301.07 of	82297
the Revised Code for any alternative school that receives a grant	82298
under this section on the grounds that the waiver will enable the	82299
program to more effectively educate students enrolled in the	82300
alternative school.	82301

Of the foregoing appropriation item 200-421, Alternative	82302
Education Programs, $75,000 in each fiscal year shall be used to	82303
support the Toledo Tech Academy.	82304

Of the foregoing appropriation item 200-421, Alternative	82305
Education Programs, up to $449,235 in each fiscal year may be used	82306
for program administration, monitoring, technical assistance,	82307
support, research, and evaluation. Any unexpended balance may be	82308
used to provide additional matching grants to urban, suburban, or	82309
rural school districts as outlined above.	82310

Of the foregoing appropriation item 200-421, Alternative	82311
Education Programs, $287,218 in each fiscal year shall be used to	82312
contract with the Center for Learning Excellence at The Ohio State	82313
University to provide technical support for the project and the	82314
completion of formative and summative evaluation of the grants.	82315

Of the foregoing appropriation item 200-421, Alternative	82316
Education Programs, $300,000 in each fiscal year shall be used to	82317
support Amer-I-Can. Of this set-aside, no funds shall be disbursed	82318
without approval of the Controlling Board. Amer-I-Can programs	82319
shall submit to the Controlling Board a biennial spending plan	82320
that delineates how these funds will be spent. Amer-I-Can programs	82321
also shall demonstrate to the Controlling Board that they have	82322
hired an independent evaluator and have selected valid and	82323
reliable instruments to assess pre and post changes in student	82324
behavior.	82325

SCHOOL MANAGEMENT ASSISTANCE

82326

Of the foregoing appropriation item 200-422, School	82327
Management Assistance, $351,000 in each fiscal year shall be used	82328
by the Auditor of State for expenses incurred in the Auditor of	82329
State's role relating to fiscal caution activities as defined in	82330
Chapter 3316. of the Revised Code. Expenses include duties related	82331
to the completion of performance audits for school districts that	82332
the Superintendent of Public Instruction determines are employing	82333
fiscal practices or experiencing budgetary conditions that could	82334
produce a state of fiscal watch or fiscal emergency.	82335

The remainder of foregoing appropriation item 200-422, School	82336
Management Assistance, shall be used by the Department of	82337
Education to provide fiscal technical assistance and inservice	82338
education for school district management personnel and to	82339
administer, monitor, and implement the fiscal watch and fiscal	82340
emergency provisions under Chapter 3316. of the Revised Code.	82341

POLICY ANALYSIS

82342

The foregoing appropriation item 200-424, Policy Analysis,	82343
shall be used by the Department of Education to support a system	82344
of administrative, statistical, and legislative education	82345
information to be used for policy analysis. Staff supported by	82346
this appropriation shall administer the development of reports,	82347
analyses, and briefings to inform education policymakers of	82348
current trends in education practice, efficient and effective use	82349
of resources, and evaluation of programs to improve education	82350
results. The database shall be kept current at all times. These	82351
research efforts shall be used to supply information and analysis	82352
of data to the General Assembly and other state policymakers,	82353
including the Office of Budget and Management and the Legislative	82354
Service Commission.	82355

The Department of Education may use funding from this	82356
appropriation item to purchase or contract for the development of	82357
software systems or contract for policy studies that will assist	82358
in the provision and analysis of policy-related information.	82359
Funding from this appropriation item also may be used to monitor	82360
and enhance quality assurance for research-based policy analysis	82361
and program evaluation to enhance the effective use of education	82362
information to inform education policymakers.	82363

TECH PREP CONSORTIA SUPPORT

82364

The foregoing appropriation item 200-425, Tech Prep Consortia	82365
Support, shall be used by the Department of Education to support	82366
state-level activities designed to support, promote, and expand	82367
tech prep programs. Use of these funds shall include, but not be	82368
limited to, administration of grants, program evaluation,	82369
professional development, curriculum development, assessment	82370
development, program promotion, communications, and statewide	82371
coordination of tech prep consortia.	82372

OHIO EDUCATIONAL COMPUTER NETWORK

82373

The foregoing appropriation item 200-426, Ohio Educational	82374
Computer Network, shall be used by the Department of Education to	82375
maintain a system of information technology throughout Ohio and to	82376
provide technical assistance for such a system in support of the	82377
State Education Technology Plan pursuant to section 3301.07 of the	82378
Revised Code.	82379

Of the foregoing appropriation item 200-426, Ohio Educational	82380
Computer Network, up to $18,592,763 in each fiscal year shall be	82381
used by the Department of Education to support connection of all	82382
public school buildings to the state's education network, to each	82383
other, and to the Internet. In each fiscal year the Department of	82384
Education shall use these funds to assist data acquisition sites	82385
or school districts with the operational costs associated with	82386
this connectivity. The Department of Education shall develop a	82387
formula and guidelines for the distribution of these funds to the	82388
data acquisition sites or individual school districts. As used in	82389
this section, "public school building" means a school building of	82390
any city, local, exempted village, or joint vocational school	82391
district, or any community school established under Chapter 3314.	82392
of the Revised Code, or any educational service center building	82393
used for instructional purposes, or the Ohio School for the Deaf	82394
and the Ohio School for the Blind, or high schools chartered by	82395
the Ohio Department of Youth Services and high schools operated by	82396
Ohio Department of Rehabilitation and Corrections' Ohio Central	82397
School System.	82398

Of the foregoing appropriation item 200-426, Ohio Educational	82399
Computer Network, up to $1,884,355 in each fiscal year shall be	82400
used for the Union Catalog and InfOhio Network.	82401

The Department of Education shall use up to $3,412,500 in	82402
each fiscal year to assist designated data acquisition sites with	82403
operational costs associated with the increased use of the state's	82404
education network by chartered nonpublic schools. The Department	82405
of Education shall use the same per building amount as used to	82406
provide connectivity subsidy funds to public school buildings.	82407

The remainder of appropriation item 200-426, Ohio Educational	82408
Computer Network, shall be used to support development,	82409
maintenance, and operation of a network of uniform and compatible	82410
computer-based information and instructional systems. The	82411
technical assistance shall include, but not be restricted to,	82412
development and maintenance of adequate computer software systems	82413
to support network activities. Program funds may be used, through	82414
a formula and guidelines devised by the department, to subsidize	82415
the activities of designated data acquisition sites, as defined by	82416
State Board of Education rules, to provide school districts and	82417
chartered nonpublic schools with computer-based student and	82418
teacher instructional and administrative information services,	82419
including approved computerized financial accounting, and to	82420
ensure the effective operation of local automated administrative	82421
and instructional systems. To broaden the scope of the use of	82422
technology for education, the Department may use up to $223,762 in	82423
each fiscal year to coordinate the activities of the computer	82424
network with other agencies funded by the department or the state.	82425
In order to improve the efficiency of network activities, the	82426
department and data acquisition sites may jointly purchase	82427
equipment, materials, and services from funds provided under this	82428
appropriation for use by the network and, when considered	82429
practical by the department, may utilize the services of	82430
appropriate state purchasing agencies.	82431

ACADEMIC STANDARDS

82432

Of the foregoing appropriation item 200-427, Academic	82433
Standards, up to $731,250 in each fiscal year shall be used to	82434
provide funds to school districts that have one or more teachers	82435
participating in the teachers-on-loan program.	82436

The remainder of appropriation item 200-427, Academic	82437
Standards, shall be used by the Department of Education to develop	82438
and communicate to school districts academic content standards and	82439
curriculum models. The Department of Education shall communicate	82440
these standards and curricula to school districts primarily	82441
through Internet website postings and electronic mail.	82442

Section 40.05.  SCHOOL IMPROVEMENT INITIATIVES

82443

Of the foregoing appropriation item 200-431, School	82444
Improvement Initiatives, $10,505,625 in each fiscal year shall be	82445
used to provide technical assistance to school districts that are	82446
declared to be in a state of academic watch or academic emergency	82447
under section 3302.03 of the Revised Code to provide support to	82448
districts in the development and implementation of their	82449
continuous improvement plans as required in section 3302.04 of the	82450
Revised Code and to provide technical assistance and support in	82451
accordance with Title I of the "No Child Left Behind Act of 2001,"	82452
115 Stat. 1425, 20 U.S.C. 6317.	82453

Of the foregoing appropriation item 200-431, School	82454
Improvement Initiatives, up to $350,000 in each fiscal year shall	82455
be used to reduce the dropout rate by addressing the academic and	82456
social problems of inner-city students through Project GRAD.	82457

Of the foregoing appropriation item 200-431, School	82458
Improvement Initiatives, $50,000 in each fiscal year shall be used	82459
to support LEAF.	82460

SCHOOL CONFLICT MANAGEMENT

82461

The foregoing appropriation item 200-432, School Conflict	82462
Management, shall be used by the Department of Education for the	82463
purpose of providing dispute resolution and conflict management	82464
training, consultation, and materials for school districts, and	82465
for the purpose of providing competitive school conflict	82466
management grants to school districts.	82467

READING/WRITING/MATH IMPROVEMENT

82468

Of the foregoing appropriation item 200-433,	82469
Reading/Writing/Math Improvement, up to $12,675,000 in each fiscal	82470
year shall be used for professional development in literacy for	82471
classroom teachers, administrators, and literacy specialists, and	82472
to provide intensive summer training for mathematics teachers.	82473

Of the foregoing appropriation item 200-433,	82474
Reading/Writing/Math Improvement, $250,000 in each fiscal year	82475
shall be used to continue the Waterford Early Reading Program.	82476

Of the foregoing appropriation item 200-433,	82477
Reading/Writing/Math Improvement, up to $1,000,000 in each fiscal	82478
year shall be used by the Department of Education to fund the	82479
Reading Recovery Training Network, to cover the cost of release	82480
time for the teacher trainers, and to provide grants to districts	82481
to implement other reading improvement programs on a pilot basis.	82482
Funds from this appropriation item also may be used to conduct	82483
evaluations of the impact and effectiveness of Reading Recovery	82484
and other reading improvement programs.	82485

The remainder of appropriation item 200-433,	82486
Reading/Writing/Math Improvement, shall be used to support	82487
standards-based classroom reading and writing instruction and	82488
reading intervention and the design/development of standards-based	82489
literacy curriculum materials; to support literacy professional	82490
development partnerships between the Department of Education,	82491
higher education institutions, the literacy specialists project,	82492
the Ohio principals' literacy network, regional literacy teams,	82493
literacy networks, and school districts.	82494

STUDENT ASSESSMENT

82495

Of the foregoing appropriation item 200-437, Student	82496
Assessment, $500,000 in fiscal year 2004 and $100,000 in fiscal	82497
year 2005 shall be used by the Department of Education to train	82498
school district personnel to score the practice version of the	82499
Ohio Graduation Test to be taken by students enrolled in the ninth	82500
grade in school districts in academic watch or academic emergency	82501
pursuant to sections 3301.0710 and 3301.0711 of the Revised Code.	82502

The remainder of appropriation item 200-437, Student	82504
Assessment, shall be used to develop, field test, print,	82505
distribute, score, report results, and support other associated	82506
costs for the tests required under sections 3301.0710 and	82507
3301.0711 of the Revised Code and for similar purposes as required	82508
by section 3301.27 of the Revised Code.	82509

ACCOUNTABILITY/REPORT CARDS

82510

The foregoing appropriation item 200-439,	82511
Accountability/Report Cards, shall be used for the development of	82512
an accountability system that includes the preparation and	82513
distribution of school report cards pursuant to section 3302.03 of	82514
the Revised Code.	82515

AMERICAN SIGN LANGUAGE

82516

Of the foregoing appropriation item 200-441, American Sign	82517
Language, up to $136,943 in each fiscal year shall be used to	82518
implement pilot projects for the integration of American Sign	82519
Language deaf language into the kindergarten through twelfth-grade	82520
curriculum.	82521

The remainder of the appropriation shall be used by the	82522
Department of Education to provide supervision and consultation to	82523
school districts in dealing with parents of children who are deaf	82524
or hard of hearing, in integrating American Sign Language as a	82525
foreign language, and in obtaining interpreters and improving	82526
their skills.	82527

CHILD CARE LICENSING

82528

The foregoing appropriation item 200-442, Child Care	82529
Licensing, shall be used by the Department of Education to license	82530
and to inspect preschool and school-age child care programs in	82531
accordance with sections 3301.52 to 3301.59 of the Revised Code.	82532

OHIOREADS ADMIN/VOLUNTEER SUPPORT

82533

The foregoing appropriation item 200-445, OhioReads	82534
Admin/Volunteer Support, may be allocated by the OhioReads Office	82535
in the Department of Education at the direction of the OhioReads	82536
Council for volunteer coordinators in public school buildings, to	82537
educational service centers for costs associated with volunteer	82538
coordination, for background checks for volunteers, to evaluate	82539
the OhioReads Program, and for operating expenses associated with	82540
administering the program.	82541

Section 40.06.  EDUCATION MANAGEMENT INFORMATION SYSTEM

82542

The foregoing appropriation item 200-446, Education	82543
Management Information System, shall be used by the Department of	82544
Education to improve the Education Management Information System	82545
(EMIS).	82546

Of the foregoing appropriation item 200-446, Education	82547
Management Information System, up to $1,295,857 in each fiscal	82548
year shall be distributed to designated data acquisition sites for	82549
costs relating to processing, storing, and transferring data for	82550
the effective operation of the EMIS. These costs may include, but	82551
are not limited to, personnel, hardware, software development,	82552
communications connectivity, professional development, and support	82553
services, and to provide services to participate in the State	82554
Education Technology Plan pursuant to section 3301.07 of the	82555
Revised Code.	82556

Of the foregoing appropriation item 200-446, Education	82557
Management Information System, up to $8,055,189 in each fiscal	82558
year shall be distributed on a per-pupil basis to school	82559
districts, community schools established under Chapter 3314. of	82560
the Revised Code, education service centers, joint vocational	82561
school districts, and any other education entity that reports data	82562
through EMIS. From this funding, each school district or community	82563
school established under Chapter 3314. of the Revised Code with	82564
enrollment greater than 100 students and each vocational school	82565
district shall receive a minimum of $5,000 in each fiscal year.	82566
Each school district or community school established under Chapter	82567
3314. of the Revised Code with enrollment between one and one	82568
hundred and each education service center and each county board of	82569
MR/DD that submits data through EMIS shall receive $3,000 in each	82570
fiscal year. This subsidy shall be used for costs relating to	82571
reporting, processing, storing, transferring, and exchanging data	82572
necessary to meet requirements of the Department of Education's	82573
data system.	82574

Of the foregoing appropriation item 200-446, Education	82575
Management Information System, $2,532,500 in each fiscal year	82576
shall be used by the Department of Education for the development	82577
and implementation of a common core of Education Management	82578
Information System data definitions, business practices, and data	82579
format standards for the Education Management Information System.	82580
This common core shall provide the basis upon which a student	82581
software administration package certification process will be	82582
designed, developed, and conducted by the Department. On an annual	82583
basis, the Department of Education shall convene an advisory group	82584
of school districts, community schools, and other	82585
education-related entities to review data standards, the	82586
certification criteria, and the certification process to recommend	82587
changes and enhancements based upon surveys of the software	82588
industry and surveys of education agencies in other states to	82589
ensure that Ohio's data standards and associated software	82590
certification process reflect best practices, align with federal	82591
initiatives, and meet the needs of school districts. Additionally,	82592
the Department shall utilize these funds to continue support of	82593
the Student Management Record System, as defined by the Department	82594
of Education, and to ensure the software is in compliance with the	82595
Education Management Information System certification criteria.	82596
The Department of Education shall work with data acquisition sites	82597
and their member school districts and community schools to	82598
implement the software in up to four data acquisition sites in	82599
each fiscal year.	82600

School districts and community schools shall convert to a	82601
student software package that meets the certification criteria by	82602
July 1, 2005. If a school district or community school does not	82603
have a certified software package by July 1, 2005, the Department	82604
of Education shall work with the school district or community	82605
school and the data acquisition site to obtain the necessary	82606
software or service.	82607

GED TESTING/ADULT HIGH SCHOOL

82608

The foregoing appropriation item 200-447, GED Testing/Adult	82609
High School, shall be used to provide General Educational	82610
Development (GED) testing at no cost to applicants, pursuant to	82611
rules adopted by the State Board of Education. The Department of	82612
Education shall reimburse school districts and community schools,	82613
created in accordance with Chapter 3314. of the Revised Code, for	82614
a portion of the costs incurred in providing summer instructional	82615
or intervention services to students who have not graduated due to	82616
their inability to pass one or more parts of the state's ninth	82617
grade proficiency test. School districts shall also provide such	82618
services to students who are residents of the district pursuant to	82619
section 3313.64 of the Revised Code, but who are enrolled in	82620
chartered, nonpublic schools. The services shall be provided in	82621
the public school, in nonpublic schools, in public centers, or in	82622
mobile units located on or off the nonpublic school premises. No	82623
school district shall provide summer instructional or intervention	82624
services to nonpublic school students as authorized by this	82625
section unless such services are available to students attending	82626
the public schools within the district. No school district shall	82627
provide services for use in religious courses, devotional	82628
exercises, religious training, or any other religious activity.	82629
Chartered, nonpublic schools shall pay for any unreimbursed costs	82630
incurred by school districts for providing summer instruction or	82631
intervention services to students enrolled in chartered, nonpublic	82632
schools. School districts may provide these services to students	82633
directly or contract with postsecondary or nonprofit	82634
community-based institutions in providing instruction. The	82635
appropriation also shall be used for state reimbursement to school	82636
districts for adult high school continuing education programs	82637
pursuant to section 3313.531 of the Revised Code or for costs	82638
associated with awarding adult high school diplomas under section	82639
3313.611 of the Revised Code.	82640

EDUCATOR PREPARATION

82641

The foregoing appropriation item 200-448, Educator	82642
Preparation, shall be used by the Ohio Teacher Education and	82643
Licensure Advisory Commission to carry out the responsibilities of	82644
the 21-member Ohio Teacher Education and Licensure Advisory	82645
Commission. The advisory commission is charged by the State Board	82646
of Education with considering all matters related to educator	82647
preparation and licensure, including standards for educator	82648
preparation and licensure, approval of institutions and programs,	82649
and recommending decisions to the State Board of Education.	82650

TITLE IV-A HEAD START AND TITLE IV-A HEAD START PLUS START UP

82651

The foregoing appropriation item 200-449, Head Start/Head	82652
Start Plus Start Up, shall be used to provide start up grants for	82653
Title IV-A reimbursable funding for the provision of services to	82654
children eligible for Title IV-A services. In fiscal year 2004,	82655
these grants shall be provided to Title IV-A Head Start agencies.	82656
In fiscal year 2005, these grants shall be provided to Title IV-A	82657
Head Start agencies and Title IV-A Head Start Plus agencies. The	82658
amount of each grant shall be determined by the Department of	82659
Education. Funds appropriated for this purpose shall be reimbursed	82660
to the General Revenue Fund when the Title IV-A Head Start or	82661
Title IV-A Head Start Plus programs cease or are no longer funded	82662
from Title IV-A. If one program ceases or is no longer funded with	82663
Title IV-A funds, the General Revenue Fund will be reimbursed for	82664
that program.	82665

If a Title IV-A Head Start agency or Title IV-A Head Start	82666
Plus agency chooses not to participate in the program or if the	82667
Department or Education suspends or terminates part or all of its	82668
funding, reimbursement owed to the grantee shall be held by the	82669
Department of Education up to the amount of the grant owed by the	82670
grantee. If insufficient reimbursement is available to recover the	82671
amount owed by the grantee, the grantee shall return the remaining	82672
balance within 60 days of the date of the decision not to	82673
participate, the suspension, or the termination. Funding recovered	82674
from such grantees shall be used by the Department of Education	82675
for supplying grants to new grantees for Title IV-A reimbursable	82676
funding for provision of services to children eligible for Title	82677
IV-A services. Any funding remaining when the Title IV-A Head	82678
Start and the Title IV-A Head Start Plus programs cease or are no	82679
longer funded with Title IV-A funds shall be returned to the	82680
General Revenue Fund.	82681

The Title IV-A Head Start Plus agency that is receiving funds	82682
to operate a Head Start program in accordance with section 3301.35	82683
of the Revised Code shall provide the program through contracts	82684
with child care providers licensed or certified in accordance with	82685
Chapter 5104. of the Revised Code. If a licensed or certified	82686
child care provider is not in operation or willing to participate	82687
and if eligible families are in need of full-day and full-year	82688
Head Start and child care services, the Title IV-A Head Start Plus	82689
agency may be the sole source provider.	82690

TEACHING SUCCESS COMMISSION INITIATIVES

82691

The foregoing appropriation item 200-452, Teaching Success	82692
Commission Initiatives, shall be used by the Department of	82693
Education to support initiatives recommended by the Governor's	82694
Commission on Teaching Success.	82695

COMMUNITY SCHOOLS

82696

Of the foregoing appropriation item 200-455, Community	82697
Schools, up to $1,308,661 in each fiscal year may be used by the	82698
Department of Education for additional services and	82699
responsibilities under section 3314.11 of the Revised Code.	82700

Of the foregoing appropriation item 200-455, Community	82701
Schools, up to $250,000 in each fiscal year may be used by the	82702
Department of Education for developing and conducting training	82703
sessions for sponsors and prospective sponsors of community	82704
schools as prescribed in division (A)(1) of section 3314.015 of	82705
the Revised Code. In developing such training sessions, the	82706
Department shall collect and disseminate examples of best	82707
practices used by sponsors of independent charter schools in Ohio	82708
and other states.	82709

The remaining appropriation may be used by the Department of	82710
Education to make grants of up to $50,000 to each proposing group	82711
with a preliminary agreement obtained under division (C)(2) of	82712
section 3314.02 of the Revised Code in order to defray planning	82713
and initial start-up costs. In the first year of operation of a	82714
community school, the Department of Education may make a grant of	82715
not more than $100,000 to the governing authority of the school to	82716
partially defray additional start-up costs. The amount of the	82717
grant shall be based on a thorough examination of the needs of the	82718
community school. The Department of Education shall not utilize	82719
moneys received under this section for any other purpose other	82720
than those specified under this section.	82721

A community school awarded start-up grants from appropriation	82722
item 200-613, Public Charter Schools (Fund 3T4), shall not be	82723
eligible for grants under this section.	82724

Section 40.07.  SCHOOL FINANCE EQUITY

82725

The foregoing appropriation item 200-500, School Finance	82726
Equity, shall be distributed to school districts based on the	82727
formula specified in section 3317.0213 of the Revised Code.	82728

Section 40.08.  BASE COST FUNDING

82729

The foregoing appropriation item 200-501, Base Cost Funding,	82730
includes $90,000,000 in each fiscal year for the state education	82731
aid offset due to the change in public utility valuation as a	82732
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd	82733
General Assembly. This amount represents the total state education	82734
aid offset due to the valuation change for school districts and	82735
joint vocational school districts from all relevant appropriation	82736
line item sources. If it is determined that the state education	82737
aid offset is more than $90,000,000, the Controlling Board may	82738
increase the appropriation for appropriation item 200-501, Base	82739
Cost Funding, by the difference amount if presented with such a	82740
request from the Department of Education. The appropriation	82741
increase, if any, is hereby appropriated. If it is determined that	82742
the state education aid offset is less than $90,000,000, the	82743
Director of Budget and Management shall then reduce the	82744
appropriation for appropriation item 200-501, Base Cost Funding,	82745
by the difference amount and notify the Controlling Board of this	82746
action. The appropriation decrease determined by the Director of	82747
Budget and Management, if any, is hereby approved, and	82748
appropriations are hereby reduced by the amount determined.	82749

Of the foregoing appropriation item 200-501, Base Cost	82750
Funding, up to $425,000 shall be expended in each fiscal year for	82751
court payments pursuant to section 2151.357 of the Revised Code;	82752
an amount shall be available in each fiscal year for the cost of	82753
reappraisal guarantee pursuant to section 3317.04 of the Revised	82754
Code; an amount shall be available in each fiscal year to fund up	82755
to 225 full-time equivalent approved GRADS teacher grants pursuant	82756
to division (R) of section 3317.024 of the Revised Code; an amount	82757
shall be available in each fiscal year to make payments to school	82758
districts pursuant to division (A)(2) of section 3317.022 of the	82759
Revised Code; an amount shall be available in each fiscal year to	82760
make payments to school districts pursuant to division (F) of	82761
section 3317.022 of the Revised Code; an amount shall be available	82762
in each fiscal year to make payments to school districts pursuant	82763
to division (C) of section 3317.0212 of the Revised Code; and up	82764
to $15,000,000 in each fiscal year shall be reserved for payments	82765
pursuant to sections 3317.026, 3317.027, and 3317.028 of the	82766
Revised Code except that the Controlling Board may increase the	82767
$15,000,000 amount if presented with such a request from the	82768
Department of Education. Of the foregoing appropriation item	82769
200-501, Base Cost Funding, up to $15,000,000 in each fiscal year	82770
shall be used to provide additional state aid to school districts	82771
for special education students pursuant to division (C)(3) of	82772
section 3317.022 of the Revised Code; up to $2,000,000 in each	82773
fiscal year shall be reserved for Youth Services tuition payments	82774
pursuant to section 3317.024 of the Revised Code; and up to	82775
$52,000,000 in each fiscal year shall be reserved to fund the	82776
state reimbursement of educational service centers pursuant to	82777
section 3317.11 of the Revised Code and the section of this act	82778
entitled "EDUCATIONAL SERVICE CENTERS FUNDING." An amount shall be	82779
available for special education weighted funding pursuant to	82780
division (C)(1) of section 3317.022 and division (D)(1) of section	82781
3317.16 of the Revised Code.	82782

Of the foregoing appropriation item 200-501, Base Cost	82783
Funding, an amount shall be available in each fiscal year to be	82784
used by the Department of Education for transitional aid for	82785
school districts. Funds shall be distributed pursuant to the	82786
section of this act entitled "TRANSITIONAL AID."	82787

Of the foregoing appropriation item 200-501, Base Cost	82788
Funding, up to $1,000,000 in each fiscal year shall be used by the	82789
Department of Education for a pilot program to pay for educational	82790
services for youth who have been assigned by a juvenile court or	82791
other authorized agency to any of the facilities described in	82792
division (A) of the section titled "Private Treatment Facility	82793
Pilot Project."	82794

The remaining portion of appropriation item 200-501, Base	82795
Cost Funding, shall be expended for the public schools of city,	82796
local, exempted village, and joint vocational school districts,	82797
including base cost funding, special education speech service	82798
enhancement funding, career-technical education weight funding,	82799
career-technical education associated service funding, guarantee	82800
funding, and teacher training and experience funding pursuant to	82801
sections 3317.022, 3317.023, 3317.0212, and 3317.16 of the Revised	82802
Code.	82803

Appropriation items 200-500, School Finance Equity, 200-501,	82804
Base Cost Funding, 200-502, Pupil Transportation, 200-520,	82805
Disadvantaged Pupil Impact Aid, 200-521, Gifted Pupil Program,	82806
200-525, Parity Aid, and 200-546, Charge-Off Supplement, other	82807
than specific set-asides, are collectively used in each fiscal	82808
year to pay state formula aid obligations for school districts and	82809
joint vocational school districts pursuant to Chapter 3317. of the	82810
Revised Code. The first priority of these appropriation items,	82811
with the exception of specific set-asides, is to fund state	82812
formula aid obligations under Chapter 3317. of the Revised Code.	82813
It may be necessary to reallocate funds among these appropriation	82814
items in order to meet state formula aid obligations. If it is	82815
determined that it is necessary to transfer funds among these	82816
appropriation items to meet state formula aid obligations, the	82817
Department of Education shall seek approval from the Controlling	82818
Board to transfer funds among these appropriation items.	82819

Section 40.09.  PUPIL TRANSPORTATION

82820

Of the foregoing appropriation item 200-502, Pupil	82821
Transportation, up to $822,400 in each fiscal year may be used by	82822
the Department of Education for training prospective and	82823
experienced school bus drivers in accordance with training	82824
programs prescribed by the Department. Up to $56,975,910 in each	82825
fiscal year may be used by the Department of Education for special	82826
education transportation reimbursements to school districts and	82827
county MR/DD boards for transportation operating costs as provided	82828
in division (M) of section 3317.024 of the Revised Code. The	82829
remainder of appropriation item 200-502, Pupil Transportation,	82830
shall be used for the state reimbursement of public school	82831
districts' costs in transporting pupils to and from the school	82832
they attend in accordance with the district's policy, State Board	82833
of Education standards, and the Revised Code.	82834

BUS PURCHASE ALLOWANCE

82835

The foregoing appropriation item 200-503, Bus Purchase	82836
Allowance, shall be distributed to school districts, educational	82837
service centers, and county MR/DD boards pursuant to rules adopted	82838
under section 3317.07 of the Revised Code. Up to 28 per cent of	82839
the amount appropriated may be used to reimburse school districts	82840
and educational service centers for the purchase of buses to	82841
transport handicapped and nonpublic school students and to county	82842
MR/DD boards, the Ohio School for the Deaf, and the Ohio School	82843
for the Blind for the purchase of buses to transport handicapped	82844
students.	82845

SCHOOL LUNCH MATCH

82846

The foregoing appropriation item 200-505, School Lunch Match,	82847
shall be used to provide matching funds to obtain federal funds	82848
for the school lunch program.	82849

Section 40.10.  ADULT LITERACY EDUCATION

82850

The foregoing appropriation item 200-509, Adult Literacy	82851
Education, shall be used to support adult basic and literacy	82852
education instructional programs and the State Literacy Resource	82853
Center Program.	82854

Of the foregoing appropriation item 200-509, Adult Literacy	82855
Education, up to $519,188 in each fiscal year shall be used for	82856
the support and operation of the State Literacy Resource Center.	82857

Of the foregoing appropriation item 200-509, Adult Literacy	82858
Education, $146,250 in each fiscal year shall be used to support	82859
initiatives for English as a second language programs in	82860
combination with citizenship. Funding shall be provided to	82861
organizations that received such funds during fiscal year 2003	82862
from appropriation item 200-570, School Improvement Incentive	82863
Grants.	82864

The remainder of the appropriation shall be used to continue	82865
to satisfy the state match and maintenance of effort requirements	82866
for the support and operation of the Department of	82867
Education-administered instructional grant program for adult basic	82868
and literacy education in accordance with the department's state	82869
plan for adult basic and literacy education as approved by the	82870
State Board of Education and the Secretary of the United States	82871
Department of Education.	82872

AUXILIARY SERVICES

82873

The foregoing appropriation item 200-511, Auxiliary Services,	82874
shall be used by the Department of Education for the purpose of	82875
implementing section 3317.06 of the Revised Code. Of the	82876
appropriation, up to $1,462,500 in each fiscal year may be used	82877
for payment of the Post-Secondary Enrollment Options Program for	82878
nonpublic students pursuant to section 3365.10 of the Revised	82879
Code.	82880

STUDENT INTERVENTION SERVICES

82881

Of the foregoing appropriation item 200-513, Student	82882
Intervention Services, $3,700,000 in fiscal year 2004 and	82883
$5,900,000 in fiscal year 2005 shall be allocated by the	82884
Department of Education, on a per pupil basis, to school districts	82885
in academic emergency. Districts shall use these funds for	82886
salaries, materials, and training to provide after-school,	82887
in-school, Saturday school, summer school, or other related	82888
intervention programs to students as specified in division (D)(2)	82889
of section 3301.0711 of the Revised Code. In fiscal year 2004	82890
these programs shall be provided to students enrolled in the ninth	82891
grade. In fiscal year 2005, these programs shall be provided to	82892
students enrolled in the ninth and tenth grades. At the end of	82893
each fiscal year, the school districts receiving these funds shall	82894
report to the Department of Education the number of students who	82895
were offered intervention, the number of students who	82896
participated, and the number of students who completed the	82897
intervention program, and shall provide an evaluation of the	82898
impact of the intervention on students.	82899

Of the foregoing appropriation item 200-513, Student	82900
Intervention Services, $150,000 in each fiscal year shall be used	82901
for Read Baby Read.	82902

The remainder of appropriation item 200-513, Student	82903
Intervention Services, shall be used to assist districts providing	82904
the intervention services specified in section 3313.608 of the	82905
Revised Code. The Department of Education shall establish	82906
guidelines for the use and distribution of these moneys. School	82907
districts receiving funds from this appropriation shall report to	82908
the Department of Education on how funds were used.	82909

POSTSECONDARY ADULT CAREER-TECHNICAL EDUCATION

82910

Of the foregoing appropriation item 200-514, Postsecondary	82911
Adult Career-Technical Education, $40,000 in each fiscal year	82912
shall be used for the statewide coordination of the activities of	82913
the Ohio Young Farmers.	82914

The remainder of appropriation item 200-514, Postsecondary	82915
Adult Career-Technical Education, shall be used by the State Board	82916
of Education to provide postsecondary adult career-technical	82917
education under sections 3313.52 and 3313.53 of the Revised Code.	82918

DISADVANTAGED PUPIL IMPACT AID

82919

Notwithstanding the distribution formula outlined in section	82920
3317.029 of the Revised Code, each school district shall receive	82921
an additional two per cent in Disadvantaged Pupil Impact Aid	82922
(DPIA) funding in fiscal year 2004 over what was received in	82923
fiscal year 2003 unless the district receives DPIA funding from	82924
the DPIA guarantee provision pursuant to division (B) of section	82925
3317.029 of the Revised Code in fiscal year 2003. For such a	82926
district, its DPIA funding in fiscal year 2004 shall equal the	82927
amount of DPIA funding the district received in fiscal year 2003.	82928

Notwithstanding the distribution formula outlined in section	82929
3317.029 of the Revised Code, each school district shall receive	82930
an additional two per cent in DPIA funding in fiscal year 2005	82931
over what was received in fiscal year 2004 unless the district	82932
receives DPIA funding from the DPIA guarantee provision pursuant	82933
to division (B) of section 3317.029 of the Revised Code in fiscal	82934
year 2003. For such a district, its DPIA funding in fiscal year	82935
2005 shall equal the amount of DPIA funding the district received	82936
in fiscal year 2004.	82937

School districts must continue to comply with all expenditure	82938
guidelines and restrictions outlined in divisions (F), (G), (I),	82939
and (K) of section 3317.029 of the Revised Code by assuming a two	82940
per cent increase in funds for each program outlined in divisions	82941
(C), (D), and (E) of section 3317.029 of the Revised Code and by	82942
assuming a DPIA index equivalent to the index calculated in fiscal	82943
year 2003.	82944

The Department of Education shall pay all-day, everyday	82945
kindergarten funding to all school districts in each fiscal year	82946
that qualified for and provided the service in fiscal year 2003	82947
pursuant to section 3317.029 of the Revised Code. School districts	82948
and community schools that did not have a DPIA allocation in	82949
fiscal year 2003 shall not receive an allocation in fiscal year	82950
2004 or fiscal year 2005.	82951

Of the foregoing appropriation item 200-520, Disadvantaged	82952
Pupil Impact Aid, up to $3,800,000 in each fiscal year shall be	82953
used for school breakfast programs. Of this amount, up to	82954
$1,000,000 shall be used in each fiscal year by the Department of	82955
Education for the purpose of increasing participation in child	82956
nutrition programs, particularly school breakfast and summer	82957
meals. The Department shall collaborate with the Children's Hunger	82958
Alliance in the outreach effort. The remainder of the	82959
appropriation shall be used to partially reimburse school	82960
buildings within school districts that are required to have a	82961
school breakfast program pursuant to section 3313.813 of the	82962
Revised Code, at a rate decided by the Department.	82963

Of the portion of the funds distributed to the Cleveland	82964
Municipal School District under this section, up to $11,901,887 in	82965
each fiscal year shall be used to operate the school choice	82966
program in the Cleveland Municipal School District pursuant to	82967
sections 3313.974 to 3313.979 of the Revised Code.	82968

Section 40.11.  GIFTED PUPIL PROGRAM

82969

The foregoing appropriation item 200-521, Gifted Pupil	82970
Program, shall be used for gifted education units not to exceed	82971
1,110 in each fiscal year pursuant to division (P) of section	82972
3317.024 and division (F) of section 3317.05 of the Revised Code.	82973

Of the foregoing appropriation item 200-521, Gifted Pupil	82974
Program, up to $5,000,000 each in fiscal year may be used as an	82975
additional supplement for identifying gifted students pursuant to	82976
Chapter 3324. of the Revised Code.	82977

Of the foregoing appropriation item 200-521, Gifted Pupil	82978
Program, the Department of Education may expend up to $1,000,000	82979
in each fiscal year for the Summer Honors Institute for gifted	82980
freshman and sophomore high school students. Up to $600,000 in	82981
each fiscal year shall be used for research and demonstration	82982
projects. The Department of Education shall research and evaluate	82983
the effectiveness of gifted education programs in Ohio. Up to	82984
$70,000 in each fiscal year shall be used for the Ohio Summer	82985
School for the Gifted (Martin Essex Program).	82986

Section 40.12. PARITY AID

82987

The foregoing appropriation item 200-525, Parity Aid, shall	82988
be distributed to school districts based on the formulas specified	82989
in section 3317.0217 of the Revised Code.	82990

NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT

82991

The foregoing appropriation item 200-532, Nonpublic	82992
Administrative Cost Reimbursement, shall be used by the Department	82993
of Education for the purpose of implementing section 3317.063 of	82994
the Revised Code.	82995

Section 40.13. SPECIAL EDUCATION ENHANCEMENTS

82996

Of the foregoing appropriation item 200-540, Special	82997
Education Enhancements, up to $44,204,000 in fiscal year 2004 and	82998
up to $45,441,712 in fiscal year 2005 shall be used to fund	82999
special education and related services at county boards of mental	83000
retardation and developmental disabilities for eligible students	83001
under section 3317.20 of the Revised Code. Up to $2,452,125 shall	83002
be used in each fiscal year to fund special education classroom	83003
and related services units at institutions.	83004

Of the foregoing appropriation item 200-540, Special	83005
Education Enhancements, up to $2,906,875 in each fiscal year shall	83006
be used for home instruction for children with disabilities; up to	83007
$1,462,500 in each fiscal year shall be used for parent mentoring	83008
programs; and up to $2,783,396 in each fiscal year may be used for	83009
school psychology interns.	83010

Of the foregoing appropriation item 200-540, Special	83011
Education Enhancements, $3,406,090 in each fiscal year shall be	83012
used by the Department of Education to assist school districts in	83013
funding aides pursuant to paragraph (A)(3)(c)(i)(b) of rule	83014
3301-51-04 of the Administrative Code.	83015

Of the foregoing appropriation item 200-540, Special	83016
Education Enhancements, $78,384,498 in each fiscal year shall be	83017
distributed by the Department of Education to county boards of	83018
mental retardation and developmental disabilities, educational	83019
service centers, and school districts for preschool special	83020
education units and preschool supervisory units in accordance with	83021
section 3317.161 of the Revised Code. The department may reimburse	83022
county boards of mental retardation and developmental	83023
disabilities, educational service centers, and school districts	83024
for related services as defined in rule 3301-31-05 of the	83025
Administrative Code, for preschool occupational and physical	83026
therapy services provided by a physical therapy assistant and	83027
certified occupational therapy assistant, and for an instructional	83028
assistant. To the greatest extent possible, the Department of	83029
Education shall allocate these units to school districts and	83030
educational service centers. The Controlling Board may approve the	83031
transfer of unallocated funds from appropriation item 200-501,	83032
Base Cost Funding, to appropriation item 200-540, Special	83033
Education Enhancements, to fully fund existing units as necessary	83034
or to fully fund additional units. The Controlling Board may	83035
approve the transfer of unallocated funds from appropriation item	83036
200-540, Special Education Enhancements, to appropriation item	83037
200-501, Base Cost Funding, to fully fund the special education	83038
weight cost funding.	83039

The Department of Education shall require school districts,	83040
educational service centers, and county MR/DD boards serving	83041
preschool children with disabilities to document child progress	83042
using research-based indicators prescribed by the Department and	83043
report results annually. The reporting dates and methodology shall	83044
be determined by the Department.	83045

Of the foregoing appropriation item 200-540, Special	83046
Education Enhancements, $315,000 in each fiscal year shall be	83047
expended to conduct a demonstration project involving language and	83048
literacy intervention teams supporting student acquisition of	83049
language and literacy skills. The demonstration project shall	83050
demonstrate improvement of language and literacy skills of at-risk	83051
learners under the instruction of certified speech pathologists	83052
and educators. Baseline data shall be collected and comparison	83053
data for fiscal year 2004 and fiscal year 2005 shall be collected	83054
and reported to the Governor, Ohio Reads Council, Department of	83055
Education, and the General Assembly.	83056

Of the foregoing appropriation item 200-540, Special	83057
Education Enhancements, up to $500,000 in each fiscal year shall	83058
be used for the Research-Based Reading Mentoring Program.	83059

Of the foregoing appropriation item 200-540, Special	83060
Education Enhancements, $800,000 in each fiscal year shall be used	83061
to support the Bellefaire Jewish Children's Bureau.	83062

Section 40.14.  CAREER-TECHNICAL EDUCATION ENHANCEMENTS

83063

Of the foregoing appropriation item 200-545, Career-Technical	83064
Education Enhancements, up to $2,576,107 in each fiscal year shall	83065
be used to fund career-technical education units at institutions.	83066

Of the foregoing appropriation item 200-545, Career-Technical	83067
Education Enhancements, up to $2,925,000 in each fiscal year shall	83068
be used by the Department of Education to fund competitive grants	83069
to tech prep consortia that expand the number of students enrolled	83070
in tech prep programs. These grant funds shall be used to directly	83071
support expanded tech prep programs, including equipment, provided	83072
to students enrolled in school districts, including joint	83073
vocational school districts, and affiliated higher education	83074
institutions.	83075

Of the foregoing appropriation item 200-545, Career-Technical	83076
Education Enhancements, $2,225,000 in each fiscal year shall be	83077
used to provide an amount to each eligible school district for the	83078
replacement or updating of equipment essential for the instruction	83079
of students in job skills taught as part of a career-technical	83080
program or programs approved for such instruction by the State	83081
Board of Education. School districts replacing or updating	83082
career-technical education equipment may purchase or lease such	83083
equipment. The Department of Education shall review and approve	83084
all equipment requests and may allot appropriated funds to	83085
eligible school districts on the basis of the number of full-time	83086
equivalent workforce development teachers in all eligible	83087
districts making application for funds.	83088

The State Board of Education may adopt standards of need for	83089
equipment allocation. Pursuant to the adoption of any such	83090
standards of need by the State Board of Education, appropriated	83091
funds may be allotted to eligible districts according to such	83092
standards. Equipment funds allotted under either process shall be	83093
provided to a school district at 30, 40, or 50 per cent of cost on	83094
the basis of a rating developed by the Department of Education	83095
using the state share percentage as provided in division (B)(2) of	83096
section 3317.022 of the Revised Code.	83097

Of the foregoing appropriation item 200-545, Career-Technical	83098
Education Enhancements, up to $3,650,000 in each fiscal year shall	83099
be used by the Department of Education to support existing High	83100
Schools That Work (HSTW) sites, develop and support new sites,	83101
fund technical assistance, and support regional centers and middle	83102
school programs. The purpose of HSTW is to combine challenging	83103
academic courses and modern career-technical studies to raise the	83104
academic achievement of students. It provides intensive technical	83105
assistance, focused staff development, targeted assessment	83106
services, and ongoing communications and networking opportunities.	83107

Of the foregoing appropriation item 200-545, Career-Technical	83108
Education Enhancements, $2,400,000 in each fiscal year shall be	83109
used for K-12 career development.	83110

Of the foregoing appropriation item 200-545, Career-Technical	83111
Education Enhancements, up to $496,800 in each fiscal year shall	83112
be allocated for the Ohio Career Information System (OCIS) and	83113
used for the dissemination of career information data to public	83114
schools, libraries, rehabilitation centers, two- and four-year	83115
colleges and universities, and other governmental units.	83116

Of the foregoing appropriation item 200-545, Career-Technical	83117
Educational Enhancements, $300,000 in each fiscal year shall be	83118
used by the Department of Education to enable students in	83119
agricultural programs to enroll in a fifth quarter of instruction	83120
based on the agricultural education model of delivering work-based	83121
learning through supervised agricultural experience. The	83122
Department of Education shall determine eligibility criteria and	83123
the reporting process for the Agriculture 5th Quarter Project and	83124
shall fund as many programs as possible given the $300,000 set	83125
aside.	83126

Section 40.15.  CHARGE-OFF SUPPLEMENT

83127

The foregoing appropriation item 200-546, Charge-Off	83128
Supplement, shall be used by the Department of Education to make	83129
payments pursuant to section 3317.0216 of the Revised Code.	83130

EMERGENCY LOAN INTEREST SUBSIDY

83131

The foregoing appropriation item 200-558, Emergency Loan	83132
Interest Subsidy, shall be used to provide a subsidy to school	83133
districts receiving emergency school loans pursuant to section	83134
3313.484 of the Revised Code. The subsidy shall be used to pay	83135
these districts the difference between the amount of interest the	83136
district is paying on an emergency loan, and the interest that the	83137
district would have paid if the interest rate on the loan had been	83138
two per cent.	83139

Section 40.16.  OHIOREADS GRANTS

83140

Of the foregoing appropriation item 200-566, OhioReads	83141
Grants, the OhioReads Office in the Department of Education shall	83142
use $2,125,223 in fiscal year 2004 and $2,167,728 in fiscal year	83143
2005 to fund the STARS program.	83144

The remainder of the foregoing appropriation item 200-566,	83145
OhioReads Grants, shall be disbursed by the OhioReads Office in	83146
the Department of Education at the direction of the OhioReads	83147
Council to provide grants to public schools in city, local, and	83148
exempted village school districts; community schools; and	83149
educational service centers serving kindergarten through fourth	83150
grade students to support local reading literacy initiatives	83151
including reading programs, materials, professional development,	83152
tutoring, tutor recruitment and training, and parental	83153
involvement.	83154

Grants awarded by the OhioReads Council are intended to	83155
improve reading outcomes, especially on reading proficiency tests.	83156

SAFE AND SUPPORTIVE SCHOOLS

83157

Of the foregoing appropriation item 200-578, Safe and	83158
Supportive Schools, up to $224,250 in each fiscal year shall be	83159
used to fund a safe school center to provide resources for parents	83160
and for school and law enforcement personnel.	83161

Of the foregoing appropriation item 200-578, Safe and	83162
Supportive Schools, up to $20,000 in each fiscal year may be used	83163
by schools for the Eddie Eagle Gun Safety Pilot Program. School	83164
districts wishing to participate in the pilot program shall apply	83165
to the Department of Education under guidelines established by the	83166
Superintendent of Public Instruction.	83167

Of the foregoing appropriation item 200-578, Safe and	83168
Supportive Schools, up to $1,800,000 in each fiscal year shall be	83169
used for a safe school help line.	83170

The remainder of the appropriation shall be distributed based	83171
on guidelines developed by the Department of Education to enhance	83172
school safety. The guidelines shall provide a list of	83173
research-based best practices and programs from which local	83174
grantees shall select based on local needs. These practices shall	83175
include, but not be limited to, school resource officers and safe	83176
and drug free school coordinators and social-emotional development	83177
programs.	83178

Section 40.17. PROPERTY TAX ALLOCATION - EDUCATION

83179

The Superintendent of Public Instruction shall not request,	83180
and the Controlling Board shall not approve, the transfer of funds	83181
from appropriation item 200-901, Property Tax Allocation -	83182
Education, to any other appropriation item.	83183

The appropriation item 200-901, Property Tax Allocation -	83184
Education, is appropriated to pay for the state's costs incurred	83185
due to the homestead exemption and the property tax rollback. In	83186
cooperation with the Department of Taxation, the Department of	83187
Education shall distribute these funds directly to the appropriate	83188
school districts of the state, notwithstanding sections 321.24 and	83189
323.156 of the Revised Code, which provide for payment of the	83190
homestead exemption and property tax rollback by the Tax	83191
Commissioner to the appropriate county treasurer and the	83192
subsequent redistribution of these funds to the appropriate local	83193
taxing districts by the county auditor.	83194

Appropriation item 200-906, Tangible Tax Exemption -	83195
Education, is appropriated to pay for the state's costs incurred	83196
due to the tangible personal property tax exemption required by	83197
division (C)(3) of section 5709.01 of the Revised Code. In	83198
cooperation with the Department of Taxation, the Department of	83199
Education shall distribute to each county treasurer the total	83200
amount certified by the county treasurer pursuant to section	83201
319.311 of the Revised Code, for all school districts located in	83202
the county, notwithstanding the provision in section 319.311 of	83203
the Revised Code which provides for payment of the $10,000	83204
tangible personal property tax exemption by the Tax Commissioner	83205
to the appropriate county treasurer for all local taxing districts	83206
located in the county. Pursuant to division (G) of section 321.24	83207
of the Revised Code, the county auditor shall distribute the	83208
amount paid by the Department of Education among the appropriate	83209
school districts.	83210

Upon receipt of these amounts, each school district shall	83211
distribute the amount among the proper funds as if it had been	83212
paid as real or tangible personal property taxes. Payments for the	83213
costs of administration shall continue to be paid to the county	83214
treasurer and county auditor as provided for in sections 319.54,	83215
321.26, and 323.156 of the Revised Code.	83216

Any sums, in addition to the amounts specifically	83217
appropriated in appropriation items 200-901, Property Tax	83218
Allocation - Education, for the homestead exemption and the	83219
property tax rollback payments, and 200-906, Tangible Tax	83220
Exemption - Education, for the $10,000 tangible personal property	83221
tax exemption payments, which are determined to be necessary for	83222
these purposes, are hereby appropriated.	83223

Section 40.18.  TEACHER CERTIFICATION AND LICENSURE

83224

The foregoing appropriation item 200-681, Teacher	83225
Certification and Licensure, shall be used by the Department of	83226
Education in each year of the biennium to administer teacher	83227
certification and licensure functions pursuant to sections	83228
3301.071, 3301.074, 3301.50, 3301.51, 3319.088, 3319.22, 3319.24	83229
to 3319.28, 3319.281, 3319.282, 3319.29, 3319.301, 3319.31, and	83230
3319.51 of the Revised Code.	83231

SCHOOL DISTRICT SOLVENCY ASSISTANCE

83232

Of the foregoing appropriation item 200-687, School District	83233
Solvency Assistance, $9,000,000 in each fiscal year shall be	83234
allocated to the School District Shared Resource Account and	83235
$9,000,000 in each fiscal year shall be allocated to the	83236
Catastrophic Expenditures Account. These funds shall be used to	83237
provide assistance and grants to school districts to enable them	83238
to remain solvent pursuant to section 3316.20 of the Revised Code.	83239
Assistance and grants shall be subject to approval by the	83240
Controlling Board. Any required reimbursements from school	83241
districts for solvency assistance shall be made to the appropriate	83242
account in the School District Solvency Assistance Fund (Fund	83243
5H3).	83244

Section 40.19. HEAD START PLUS/HEAD START

83245

There is hereby established the Title IV-A Head Start Program	83246
to be administered by the Department of Education in accordance	83247
with an interagency agreement entered into with the Department of	83248
Job and Family Services under division (A)(2) of section 5101.801	83249
of the Revised Code. The program shall provide benefits and	83250
services to TANF eligible individuals pursuant to the requirements	83251
of section 5101.801 of the Revised Code. Upon approval by the	83252
Department of Job and Family Services, the Department of Education	83253
shall adopt policies and procedures establishing program	83254
requirements for eligibility, services, fiscal accountability, and	83255
other criteria necessary to comply with the provisions of Title	83256
IV-A of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	83257
301, as amended.	83258

The foregoing appropriation item 200-663, Head Start	83259
Plus/Head Start, shall be used to reimburse Title IV-A Head Start	83260
Plus and Title IV-A Head Start programs for services to children.	83261
The Department of Education shall administer the Title IV-A Head	83262
Start Plus and Title IV-A Head Start programs in accordance with	83263
an interagency agreement between the Departments of Education and	83264
Job and Family Services. Title IV-A Head Start Plus and Title IV-A	83265
Head Start providers shall meet all requirements as outlined in	83266
section 3301.311 of the Revised Code. The Department of Education	83267
shall adopt policies and procedures to establish a procedure for	83268
approving Title IV-A Head Start Plus and Title IV-A Head Start	83269
agencies.	83270

Of the foregoing appropriation item 200-663, Head Start	83271
Plus/Head Start, up to $57,170,000 in fiscal year 2004 shall be	83272
used to support the Title IV-A Head Start program. Up to two	83273
percent of this amount may be used by the Department of Education	83274
to provide associated program support and technical assistance.	83275

Of the foregoing appropriation item 200-663, Head Start	83276
Plus/Head Start, up to $85,000,000 in fiscal year 2005 shall be	83277
used to support the Title IV-A Head Start Plus initiative. Title	83278
IV-A Head Start Plus shall provide up to 10,000 slots of full-day,	83279
full-year programming for children at least three years of age and	83280
not kindergarten age eligible. The program shall meet the child	83281
care needs of low-income families who meet eligibility	83282
requirements established in rules and administrative orders	83283
adopted by the Ohio Department of Job and Family Services and	83284
provide early education and comprehensive services as provided	83285
through the Head Start program before the enactment of this act.	83286

Of the foregoing appropriation item 200-663, Head Start	83287
Plus/Head Start, up to $23,184,000 in fiscal year 2005 shall be	83288
used to support the Title IV-A Head Start program. This funding	83289
shall be used to support up to 4,000 slots of traditional half-day	83290
center-based, home-based, combination, or locally-designed option,	83291
Title IV-A Head Start services.	83292

Of the foregoing appropriation line item 200-663, Head Start	83293
Plus/Head Start, up to $2,000,000 in fiscal year 2005 may be used	83294
by the Department of Education to provide associated program	83295
support and technical assistance.	83296

For purposes of this section, "eligible child" means a child	83297
who is at least three years of age and not of compulsory school	83298
age whose family earns not more than 100 per cent of the federal	83299
poverty level, except as otherwise provided in the following	83300
paragraph.	83301

The Department of Education, in consultation with Title IV-A	83302
Head Start agencies and, beginning in July 1, 2004, Title IV-A	83303
Head Start Plus agencies, shall establish criteria under which	83304
these agencies may apply to the Department for a waiver to include	83305
as "eligible children" those children from families earning up to	83306
the level of eligibility established for child care subsidy by the	83307
Department of Job and Family Services who otherwise qualify as	83308
"eligible children" under the preceding paragraph.	83309

In order to serve children whose families receive child care	83310
subsidy, Title IV-A Head Start agencies may enroll children whose	83311
families receive child care subsidy from the Ohio Department of	83312
Job and Family Services. Title IV-A Head Start agencies providing	83313
full-day, full-year comprehensive services, or otherwise meeting	83314
the child care needs of working families, may partner with child	83315
care centers or family day care homes or may access child care	83316
subsidy directly. This provision is to meet the child care needs	83317
of low-income families who are working, in training or education	83318
programs, or participating in Ohio Works First approved	83319
activities.	83320

For fiscal year 2005, the Department of Education shall	83321
conduct a head count of the number of children served by Head	83322
Start agencies under this program in December 2003. Any funding	83323
appropriated to this program which the Department of Education	83324
projects is not necessary to provide services to children enrolled	83325
as of that count shall be returned to the Department of Job and	83326
Family Services for use as child care assistance.	83327

The Department of Education shall provide an annual report to	83328
the Governor, the Speaker of the House of Representatives, the	83329
President of the Senate, the State Board of Education, Title IV-A	83330
Head Start Plus and Title IV-A Head Start providers, and other	83331
interested parties regarding the Title IV-A Head Start Plus and	83332
Title IV-A Head Start program and performance indicators as	83333
outlined by the Department of Education.	83334

JOBS FOR OHIO GRADUATES PROGRAM

83335

Pursuant to an interagency agreement entered into between the	83336
Department of Job and Family Services and the Department of	83337
Education, $1,750,000 from Workforce Investment Act funds (Fund	83338
3V0), reserved for statewide workforce investment activities, in	83339
fiscal year 2004 and fiscal year 2005, shall be used to support	83340
the Jobs for Ohio Graduates programs administered by the	83341
Department of Education.	83342

AUXILIARY SERVICES REIMBURSEMENT

83343

Notwithstanding section 3317.064 of the Revised Code, if the	83344
unobligated cash balance is sufficient, the Treasurer of State	83345
shall transfer $1,500,000 in fiscal year 2004 within thirty days	83346
after the effective date of this section and $1,500,000 in fiscal	83347
year 2005 by August 1, 2004, from the Auxiliary Services Personnel	83348
Unemployment Compensation Fund to the Department of Education's	83349
Auxiliary Services Reimbursement Fund (Fund 598).	83350

Section 40.20.  LOTTERY PROFITS EDUCATION FUND

83351

Appropriation item 200-612, Base Cost Funding (Fund 017),	83352
shall be used in conjunction with appropriation item 200-501, Base	83353
Cost Funding (GRF), to provide payments to school districts	83354
pursuant to Chapter 3317. of the Revised Code.	83355

The Department of Education, with the approval of the	83356
Director of Budget and Management, shall determine the monthly	83357
distribution schedules of appropriation item 200-501, Base Cost	83358
Funding (GRF), and appropriation item 200-612, Base Cost Funding	83359
(Fund 017). If adjustments to the monthly distribution schedule	83360
are necessary, the Department of Education shall make such	83361
adjustments with the approval of the Director of Budget and	83362
Management.	83363

The Director of Budget and Management shall transfer via	83364
intrastate transfer voucher the amount appropriated under the	83365
Lottery Profits Education Fund for appropriation item 200-682,	83366
Lease Rental Payment Reimbursement, to the General Revenue Fund on	83367
a schedule determined by the director. These funds shall support	83368
the appropriation item 230-428, Lease Rental Payments (GRF), of	83369
the School Facilities Commission.	83370

* LOTTERY PROFITS TRANSFERS

83371

On or before the first day of May of each fiscal year, the	83372
Director of Budget and Management shall determine if lottery	83373
profits transfers will meet the appropriation amounts from the	83374
Lottery Profits Education Fund.	83375

Section 40.21.  LOTTERY PROFITS EDUCATION RESERVE FUND

83376

(A) There is hereby created the Lottery Profits Education	83377
Reserve Fund (Fund 018) in the State Treasury. At no time shall	83378
the amount to the credit of the fund exceed $75,000,000.	83379
Investment earnings of the Lottery Profits Education Reserve Fund	83380
shall be credited to the fund. Notwithstanding any provisions of	83381
law to the contrary, for fiscal years 2004 and 2005, there is	83382
appropriated to the Department of Education, from the Lottery	83383
Profits Education Reserve Fund, an amount necessary to make loans	83384
authorized by sections 3317.0210, 3317.0211, and 3317.62 of the	83385
Revised Code. All loan repayments from loans made in fiscal years	83386
1992, 1993, 1994, 1995, 1996, 1997, 1998, or 1999 shall be	83387
deposited into the credit of the Lottery Profits Education Reserve	83388
Fund.	83389

(B)(1) On or before July 15, 2003, the Director of Budget and	83390
Management shall determine the amount by which lottery profit	83391
transfers received by the Lottery Profits Education Fund for	83392
fiscal year 2003 exceed $637,722,600. The amount so certified	83393
shall be distributed in fiscal year 2004 pursuant to division (C)	83394
of this section.	83395

(2) On or before July 15, 2004, the Director of Budget and	83396
Management shall determine the amount by which lottery profit	83397
transfers received by the Lottery Profits Education Fund for	83398
fiscal year 2004 exceed $637,900,000. The amount so determined	83399
shall be distributed in fiscal year 2005 pursuant to division (D)	83400
of this section.	83401

The Director of Budget and Management shall annually certify	83402
the amounts determined pursuant to this section to the Speaker of	83403
the House of Representatives and the President of the Senate.	83404

(C) In fiscal year 2004, if there is a balance in the Lottery	83405
Profits Education Fund, the moneys shall be allocated as provided	83406
in this division. Any amounts so allocated are appropriated.	83407

An amount equal to five per cent of the estimated lottery	83408
profits of $637,722,600 in fiscal year 2003 or the amount	83409
remaining in the fund, whichever is the lesser amount, shall be	83410
transferred to the Lottery Profits Education Reserve Fund within	83411
the limitations specified in division (A) of this section and be	83412
reserved and shall not be available for allocation or distribution	83413
during fiscal year 2004. Any amounts exceeding $75,000,000 shall	83414
be distributed pursuant to division (E) of this section.	83415

(D) In fiscal year 2005, if there is a balance in the Lottery	83416
Profits Education Fund, the moneys shall be allocated as provided	83417
in this division. Any amounts so allocated are appropriated.	83418

An amount equal to five per cent of the estimated lottery	83419
profits transfers of $637,900,000 in fiscal year 2004 or the	83420
amount remaining in the fund, whichever is the lesser amount,	83421
shall be transferred to the Lottery Profits Education Reserve Fund	83422
within the limitations specified in division (A) of this section	83423
and be reserved and shall not be available for allocation or	83424
distribution during fiscal year 2005. Any amounts exceeding	83425
$75,000,000 shall be distributed pursuant to division (E) of this	83426
section.	83427

(E) In the appropriate fiscal year, any remaining amounts	83428
after the operations required by division (C) or (D) of this	83429
section, respectively, shall be transferred to the Public School	83430
Building Fund (Fund 021) and such amount is appropriated to	83431
appropriation item CAP-622, Public School Buildings, in the School	83432
Facilities Commission.	83433

Section 40.22. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT

83434

The foregoing appropriation item 200-900, School District	83435
Property Tax Replacement, shall be used by the Department of	83436
Education, in consultation with the Department of Taxation, to	83437
make payments to school districts and joint vocational school	83438
districts pursuant to section 5727.85 of the Revised Code.	83439

Section 40.23. * DISTRIBUTION FORMULAS

83440

The Department of Education shall report the following to the	83441
Director of Budget and Management, the Legislative Office of	83442
Education Oversight, and the Legislative Service Commission:	83443

(A) Changes in formulas for distributing state	83444
appropriations, including administratively defined formula	83445
factors;	83446

(B) Discretionary changes in formulas for distributing	83447
federal appropriations;	83448

(C) Federally mandated changes in formulas for distributing	83449
federal appropriations.	83450

Any such changes shall be reported two weeks prior to the	83451
effective date of the change.	83452

Section 40.24.  DISTRIBUTION - SCHOOL DISTRICT SUBSIDY	83453
PAYMENTS	83454

This section shall not take effect unless the Director of	83455
Budget and Management adopts an order putting it into effect and	83456
certifies a copy of the order to the Superintendent of Public	83457
Instruction and the Controlling Board.	83458

Notwithstanding any other provision of the Revised Code, the	83459
monthly distribution of payments made to school districts and	83460
educational service centers pursuant to section 3317.01 of the	83461
Revised Code for the first six months of each fiscal year shall	83462
equal, as nearly as possible, six and two-thirds per cent of the	83463
estimate of the amounts payable for each fiscal year. The monthly	83464
distribution of payments for the last six months of each fiscal	83465
year shall equal, as nearly as possible, ten per cent of the final	83466
calculation of the amounts payable to each school district for	83467
that fiscal year.	83468

The treasurer of each school district or educational service	83469
center may accrue, in addition to the payments defined in this	83470
section, to the accounts of the calendar years that end during	83471
each fiscal year, the difference between the sum of the first six	83472
months' payments in each fiscal year and the amounts the district	83473
would have received had the payments been made in, as nearly as	83474
possible in each fiscal year, twelve equal monthly payments.	83475

Notwithstanding the limitations on the amount of borrowing	83476
and time of payment provided for in section 133.10 of the Revised	83477
Code but subject to sections 133.26 and 133.30 of the Revised	83478
Code, a board of education of a school district may at any time	83479
between July 1, 2003, and December 31, 2003, or at any time	83480
between July 1, 2004, and December 31, 2004, borrow money to pay	83481
any necessary and actual expenses of the school district during	83482
the last six months of calendar years 2003 and 2004 and in	83483
anticipation of the receipt of any portion of the payments to be	83484
received by that district in the first six months of calendar	83485
years 2004 and 2005 representing the respective amounts accrued	83486
pursuant to the preceding paragraph, and issue notes to evidence	83487
that borrowing to mature not later than the thirtieth day of June	83488
of the calendar year following the calendar year in which such	83489
amount was borrowed. The principal amount borrowed in the last six	83490
months of calendar years 2003 or 2004 under this paragraph may not	83491
exceed the entire amount accrued or to be accrued by the district	83492
treasurer in those calendar years pursuant to the preceding	83493
paragraph. The proceeds of the notes shall be used only for the	83494
purposes for which the anticipated receipts are lawfully	83495
appropriated by the board of education. No board of education	83496
shall be required to use the authority granted by this paragraph.	83497
The receipts so anticipated, and additional amounts from	83498
distributions to the districts in the first six months of calendar	83499
years 2004 and 2005 pursuant to Chapter 3317. of the Revised Code	83500
needed to pay the interest on the notes, shall be deemed	83501
appropriated by the board of education to the extent necessary for	83502
the payment of the principal of and interest on the notes at	83503
maturity, and the amounts necessary to make those monthly	83504
distributions are appropriated from the General Revenue Fund. For	83505
the purpose of better ensuring the prompt payment of principal of	83506
and interest on the notes when due, the resolution of the board of	83507
education authorizing the notes may direct that the amount of the	83508
receipts anticipated, together with those additional amounts	83509
needed to pay the interest on the borrowed amounts, shall be	83510
deposited and segregated, in trust or otherwise, to the extent, at	83511
the time or times, and in the manner provided in that resolution.	83512
The borrowing authorized by this section does not constitute debt	83513
for purposes of section 133.04 of the Revised Code. School	83514
districts shall be reimbursed by the state for all necessary and	83515
actual costs to districts arising from this provision, including,	83516
without limitation, the interest paid on the notes while the notes	83517
are outstanding. The Department of Education shall adopt rules	83518
that are not inconsistent with this section for school district	83519
eligibility and application for reimbursement of such costs.	83520
Payments of these costs shall be made out of any anticipated	83521
balances in appropriation items distributed under Chapter 3317. of	83522
the Revised Code. The department shall submit all requests for	83523
reimbursement under these provisions to the Controlling Board for	83524
approval.	83525

During the last six months of each calendar year, instead of	83526
deducting the amount the Superintendent of Public Instruction	83527
would otherwise deduct from a school district's or educational	83528
service center's state aid payments in accordance with the	83529
certifications made for such year pursuant to sections 3307.56 and	83530
3309.51 of the Revised Code, the superintendent shall deduct an	83531
amount equal to forty per cent of the amount so certified. The	83532
secretaries of the retirement systems shall compute the	83533
certifications for the ensuing year under such sections as if the	83534
entire amounts certified as due in the calendar year ending the	83535
current fiscal year, but not deducted pursuant to this paragraph,	83536
had been deducted and paid in that calendar year. During the first	83537
six months of the ensuing calendar year, in addition to deducting	83538
the amounts the Superintendent of Public Instruction is required	83539
to deduct under such sections during such period, the	83540
superintendent shall deduct from a district's or educational	83541
service center's state aid payments an additional amount equal to	83542
the amount that was certified as due from the district for the	83543
calendar year that ends during the fiscal year, but that was not	83544
deducted because of this paragraph. The superintendent's	83545
certifications to the Director of Budget and Management during the	83546
first six months of the calendar year shall reflect such	83547
additional deduction.	83548

Section 40.25.  EDUCATIONAL SERVICE CENTERS FUNDING

83549

(A) As used in this section:

83550

(1) "Internet- or computer-based community school" has the	83551
same meaning as in section 3314.02 of the Revised Code.	83552

(2) "Service center ADM" has the same meaning as in section	83553
3317.11 of the Revised Code.	83554

(B) Notwithstanding division (F) of section 3317.11 of the	83555
Revised Code, no funds shall be provided under that division to an	83556
educational service center in either fiscal year for any pupils of	83557
a city or exempted village school district unless an agreement to	83558
provide services under section 3313.843 of the Revised Code was	83559
entered into by January 1, 1997, except that funds shall be	83560
provided to an educational service center for any pupils of a city	83561
school district if the agreement to provide services was entered	83562
into within one year of the date upon which such district changed	83563
from a local school district to a city school district.	83564

(C) Notwithstanding any provision of the Revised Code to the	83565
contrary, an educational service center that sponsors a community	83566
school under Chapter 3314. of the Revised Code in either fiscal	83567
year may include the students of that community school in its	83568
service center ADM for purposes of state funding under division	83569
(F) of section 3317.11 of the Revised Code, unless the community	83570
school is an Internet- or computer-based community school. A	83571
service center shall include the community school students in its	83572
service center ADM only to the extent that the students are not	83573
already so included, and only in accordance with guidelines issued	83574
by the Department of Education. If the students of a community	83575
school sponsored by an educational service center are included in	83576
the service center ADM of another educational service center,	83577
those students shall be removed from the service center ADM of the	83578
other educational service center and added to the service center	83579
ADM of the community school's sponsoring service center. The	83580
General Assembly authorizes this procedure as an incentive for	83581
educational service centers to take over sponsorship of community	83582
schools from the State Board of Education as the State Board's	83583
sponsorship is phased out in accordance with Sub. H.B. 364 of the	83584
124th General Assembly. No student of an Internet- or	83585
computer-based community school shall be counted in the service	83586
center ADM of any educational service center. The Department shall	83587
pay educational service centers under division (F) of section	83588
3317.11 of the Revised Code for community school students included	83589
in their service center ADMs under this division only if	83590
sufficient funds earmarked within appropriation item 200-501, Base	83591
Cost Funding, for payments under that division remain after first	83592
paying for students attributable to their local and client school	83593
districts, in accordance with divisions (B) and (D) of this	83594
section.	83595

(D) If insufficient funds are earmarked within appropriation	83596
item 200-501, Base Cost Funding, for payments under division (F)	83597
of section 3317.11 of the Revised Code and division (C) of this	83598
section in fiscal year 2004 or fiscal year 2005, the Department	83599
shall prioritize the distribution of the earmarked funds as	83600
follows:	83601

(1) The Department shall first distribute to each educational	83602
service center the per-student amount specified in division (F) of	83603
section 3317.11 of the Revised Code for each student in its	83604
service center ADM attributable to the local school districts	83605
within the service center's territory.	83606

(2) The Department shall distribute the remaining funds in	83607
each fiscal year to each educational service center for the	83608
students in its service center ADM attributable to each city and	83609
exempted village school district that had entered into an	83610
agreement with an educational service center for that fiscal year	83611
under section 3313.843 of the Revised Code by January 1, 1997, up	83612
to the per-student amount specified in division (F) of section	83613
3317.11 of the Revised Code. If insufficient funds remain to pay	83614
each service center the full amount specified in division (F) of	83615
that section for each such student, the Department shall	83616
distribute the remaining funds to each service center	83617
proportionally, on a per-student basis for each such student,	83618
unless that proportional per-student amount exceeds the amount	83619
specified in division (F)(1) of that section. In that case, the	83620
Department shall distribute the per-student amount specified in	83621
division (F)(1) of that section to each service center for each	83622
such student and shall distribute the remainder proportionally, on	83623
a per-student basis for each such student, to the multi-county	83624
service centers described in division (F)(2) of that section.	83625

(3) If the Department has paid each service center under	83626
divisions (D)(1) and (2) of this section, the full amount	83627
specified in division (F) of section 3317.11 of the Revised Code	83628
for each student attributable to its local school districts and	83629
its client school districts described in division (D)(2) of this	83630
section the Department shall distribute any remaining funds	83631
proportionally, on a per-student basis, to each service center	83632
that sponsors a community school, other than an Internet- or	83633
computer-based community school, for the students included in the	83634
service center ADM under division (C) of this section. These	83635
payments shall not exceed per student the amount specified in	83636
division (F) of section 3317.11 of the Revised Code.	83637

Section 40.26. * For the school year commencing July 1, 2003,	83638
or the school year commencing July 1, 2004, or both, the	83639
Superintendent of Public Instruction may waive for the board of	83640
education of any school district the ratio of teachers to pupils	83641
in kindergarten through fourth grade required under paragraph	83642
(A)(3) of rule 3301-35-05 of the Administrative Code if the	83643
following conditions apply:	83644

(A) The board of education requests the waiver.

83645

(B) After the Department of Education conducts an on-site	83646
evaluation of the district related to meeting the required ratio,	83647
the board of education demonstrates to the satisfaction of the	83648
Superintendent of Public Instruction that providing the facilities	83649
necessary to meet the required ratio during the district's regular	83650
school hours with pupils in attendance would impose an extreme	83651
hardship on the district.	83652

(C) The board of education provides assurances that are	83653
satisfactory to the Superintendent of Public Instruction that the	83654
board will act in good faith to meet the required ratio as soon as	83655
possible.	83656

Section 40.27.  PRIVATE TREATMENT FACILITY PILOT PROJECT

83657

(A) As used in this section:

83658

(1) The following are "participating residential treatment	83659
centers":	83660

(a) Private residential treatment facilities that have	83661
entered into a contract with the Department of Youth Services to	83662
provide services to children placed at the facility by the	83663
Department and which, in fiscal year 2004 or fiscal year 2005 or	83664
both, the Department pays through appropriation item 470-401, Care	83665
and Custody;	83666

(b) Abraxas, in Shelby;

83667

(c) Paint Creek, in Bainbridge;

83668

(d) Act One, in Akron;

83669

(e) Friars Club, in Cincinnati.

83670

(2) "Education program" means an elementary or secondary	83671
education program or a special education program and related	83672
services.	83673

(3) "Served child" means any child receiving an education	83674
program pursuant to division (B) of this section.	83675

(4) "School district responsible for tuition" means a city,	83676
exempted village, or local school district that, if tuition	83677
payment for a child by a school district is required under law	83678
that existed in fiscal year 1998, is the school district required	83679
to pay that tuition.	83680

(5) "Residential child" means a child who resides in a	83681
participating residential treatment center and who is receiving an	83682
educational program under division (B) of this section.	83683

(B) A youth who is a resident of the state and has been	83684
assigned by a juvenile court or other authorized agency to a	83685
residential treatment facility specified in division (A) of this	83686
section shall be enrolled in an approved educational program	83687
located in or near the facility. Approval of the educational	83688
program shall be contingent upon compliance with the criteria	83689
established for such programs by the Department of Education. The	83690
educational program shall be provided by a school district or	83691
educational service center, or by the residential facility itself.	83692
Maximum flexibility shall be given to the residential treatment	83693
facility to determine the provider. In the event that a voluntary	83694
agreement cannot be reached and the residential facility does not	83695
choose to provide the educational program, the educational service	83696
center in the county in which the facility is located shall	83697
provide the educational program at the treatment center to	83698
children under twenty-two years of age residing in the treatment	83699
center.	83700

(C) Any school district responsible for tuition for a	83701
residential child shall, notwithstanding any conflicting provision	83702
of the Revised Code regarding tuition payment, pay tuition for the	83703
child for fiscal year 2004 and fiscal year 2005 to the education	83704
program provider and in the amount specified in this division. If	83705
there is no school district responsible for tuition for a	83706
residential child and if the participating residential treatment	83707
center to which the child is assigned is located in the city,	83708
exempted village, or local school district that, if the child were	83709
not a resident of that treatment center, would be the school	83710
district where the child is entitled to attend school under	83711
sections 3313.64 and 3313.65 of the Revised Code, that school	83712
district, notwithstanding any conflicting provision of the Revised	83713
Code, shall pay tuition for the child for fiscal year 2004 and	83714
fiscal year 2005 under this division unless that school district	83715
is providing the educational program to the child under division	83716
(B) of this section.	83717

A tuition payment under this division shall be made to the	83718
school district, educational service center, or residential	83719
treatment facility providing the educational program to the child.	83720

The amount of tuition paid shall be:

83721

(1) The amount of tuition determined for the district under	83722
division (A) of section 3317.08 of the Revised Code;	83723

(2) In addition, for any student receiving special education	83724
pursuant to an individualized education program as defined in	83725
section 3323.01 of the Revised Code, a payment for excess costs.	83726
This payment shall equal the actual cost to the school district,	83727
educational service center, or residential treatment facility of	83728
providing special education and related services to the student	83729
pursuant to the student's individualized education program, minus	83730
the tuition paid for the child under division (C)(1) of this	83731
section.	83732

A school district paying tuition under this division shall	83733
not include the child for whom tuition is paid in the district's	83734
average daily membership certified under division (A) of section	83735
3317.03 of the Revised Code.	83736

(D) In each of fiscal years 2004 and 2005, the Department of	83737
Education shall reimburse, from appropriations made for the	83738
purpose, a school district, educational service center, or	83739
residential treatment facility, whichever is providing the	83740
service, that has demonstrated that it is in compliance with the	83741
funding criteria for each served child for whom a school district	83742
must pay tuition under division (C) of this section. The amount of	83743
the reimbursement shall be the formula amount specified in section	83744
3317.022 of the Revised Code, except that the department shall	83745
proportionately reduce this reimbursement if sufficient funds are	83746
not available to pay this amount to all qualified providers.	83747

(E) Funds provided to a school district, educational service	83748
center, or residential treatment facility under this section shall	83749
be used to supplement, not supplant, funds from other public	83750
sources for which the school district, service center, or	83751
residential treatment facility is entitled or eligible.	83752

(F) The Department of Education shall track the utilization	83753
of funds provided to school districts, educational service	83754
centers, and residential treatment facilities under this section	83755
and monitor the effect of the funding on the educational programs	83756
they provide in participating residential treatment facilities.	83757
The department shall monitor the programs for educational	83758
accountability.	83759

Section 40.28.  SCHOOL DISTRICT PARTICIPATION IN NATIONAL	83760
ASSESSMENT OF EDUCATION PROGRESS	83761

The General Assembly intends for the Superintendent of Public	83762
Instruction to provide for school district participation in the	83763
administration of the National Assessment of Education Progress in	83764
accordance with section 3301.27 of the Revised Code. Each school	83765
and school district selected for participation by the	83766
Superintendent of Public Instruction shall participate.	83767

Section 40.29.  Notwithstanding division (C)(1) of section	83768
3313.975 of the Revised Code, in addition to students in	83769
kindergarten through third grade, initial scholarships may be	83770
awarded to fourth, fifth, sixth, seventh, and eighth grade	83771
students in fiscal year 2004 and in fiscal year 2005.	83772

Section 40.30. STATEMENT OF STATE SHARE PERCENTAGE FOR BASE	83773
COST AND PARITY AID FUNDING	83774

Pursuant to division (D)(3) of section 3317.012 of the	83775
Revised Code, and based on the most recent data available prior to	83776
the enactment of this act, the General Assembly has determined	83777
that the state share percentage of base cost and parity aid	83778
funding for the update year (fiscal year 2002) is 49.0%. This is	83779
the target percentage for fiscal year 2004 and fiscal year 2005	83780
that the General Assembly shall use to fulfill its obligation	83781
under division (D)(4) of section 3317.012 of the Revised Code.	83782

Pursuant to division (D)(4) of section 3317.012 of the	83783
Revised Code, and based on the most recent data available prior to	83784
the enactment of this act, the General Assembly has determined	83785
that the state share percentage of base cost and parity aid	83786
funding for fiscal year 2004 is 46.5% and for fiscal year 2005 is	83787
48.6%. This determination fulfills the General Assembly's	83788
obligation under that division for fiscal year 2004 and fiscal	83789
year 2005.	83790

Section 40.31. DEPARTMENT OF EDUCATION APPROPRIATION	83791
TRANSFERS FOR STUDENT ASSESSMENT	83792

In fiscal year 2004 and fiscal year 2005, if the	83793
Superintendent of Public Instruction determines that additional	83794
funds are needed to fully fund the requirements of Am. Sub. S.B. 1	83795
of the 124th General Assembly for assessments of student	83796
performance, the Superintendent of Public Instruction may	83797
recommend the reallocation of unspent and unencumbered	83798
appropriations within the Department of Education to the General	83799
Revenue Fund appropriation item 200-437, Student Assessment, to	83800
the Director of Budget and Management. If the Director of Budget	83801
and Management determines that such a reallocation is required,	83802
the Director of Budget and Management may transfer unspent and	83803
unencumbered funds within the Department of Education as necessary	83804
to appropriation item 200-437, Student Assessment.	83805

Section 40.34a. The amendments by this act to division (C)(4)	83806
of section 3313.981, division (B)(2)(e) of section 3314.08,	83807
division (A)(4) of section 3317.023, and division (A)(3) of	83808
section 3317.03 of the Revised Code shall not apply in fiscal year	83809
2004. In fiscal year 2004, the Department of Education shall	83810
implement those divisions as if they accounted for one-fourth of	83811
joint vocational school district students, as they did prior to	83812
the effective date of those amendments. Those divisions, as	83813
amended by this act to reduce the percentage of joint vocational	83814
school district students accounted for from one-fourth to ten per	83815
cent, shall apply beginning in fiscal year 2005.	83816

Section 40.35. (A) As used in this section:

83817

(1) "IEP" has the same meaning as in section 3314.08 of the	83818
Revised Code.	83819

(2) "SBH student" means a student receiving special education	83820
and related services for severe behavior handicap conditions	83821
pursuant to an IEP.	83822

(B) This section applies only to a community school	83823
established under Chapter 3314. of the Revised Code that in each	83824
of fiscal years 2004 and 2005 enrolls a number of SBH students	83825
equal to at least fifty per cent of the total number of students	83826
enrolled in the school in the applicable fiscal year.	83827

(C) In addition to any payments made under section 3314.08 of	83828
the Revised Code, in each of fiscal years 2004 and 2005 the	83829
Department of Education shall pay to a community school a subsidy	83830
equal to the difference between the aggregate amount calculated	83831
and paid in that fiscal year to the community school for special	83832
education and related services additional weighted costs for the	83833
SBH students enrolled in the school and the aggregate amount that	83834
would have been calculated for the school for special education	83835
and related services additional weighted costs for those same	83836
students in fiscal year 2001. If the difference is a negative	83837
number, the amount of the subsidy shall be zero.	83838

(D) The amount of any subsidy paid to a community school	83839
under this section shall not be deducted from any moneys	83840
calculated under Chapter 3317. of the Revised Code for payment to	83841
a school district in which any of its students are entitled to	83842
attend school under section 3313.64 or 3313.65 of the Revised	83843
Code.	83844

The amount of any subsidy paid to a community school under	83845
this section shall be paid from the amount appropriated to the	83846
Department of Education in appropriation item 200-501, Base Cost	83847
Funding.	83848

Section 40.36. (A) As used in this section:

83849

(1) "Entitled to attend school" means entitled to attend	83850
school in a school district under section 3313.64 and 3313.65 of	83851
the Revised Code.	83852

(2) "Formula ADM" and "category six special education ADM"	83853
have the same meanings as in section 3317.02 of the Revised Code.	83854

(3) "Individualized education program" has the same meaning	83855
as in section 3323.01 of the Revised Code.	83856

(4) "Parent" has the same meaning as in section 3313.64 of	83857
the Revised Code.	83858

(5) "Qualified special education child" is a child for whom	83859
all of the following conditions apply:	83860

(a) The school district in which the child is entitled to	83861
attend school has identified the child as autistic;	83862

(b) The school district in which the child is entitled to	83863
attend school has developed an individualized education program	83864
under Chapter 3323. of the Revised Code for the child;	83865

(c) The child either:

83866

(i) Was enrolled in the school district in which the child is	83867
entitled to attend school in any grade from preschool through	83868
twelve in the school year prior to the year in which a scholarship	83869
under this section is first sought for the child;	83870

(ii) Is eligible to enter school in any grade preschool	83871
through twelve in the school district in which the child is	83872
entitled to attend school in the school year in which a	83873
scholarship under this section is first sought for the child.	83874

(6) "Registered private provider" means a nonpublic school or	83875
other nonpublic entity that has been approved by the Department of	83876
Education to participate in the program established under this	83877
section.	83878

(B) There is hereby established the Pilot Project Special	83879
Education Scholarship Program. Under the program, in fiscal years	83880
2004 and 2005, the Department of Education shall pay a scholarship	83881
to the parent of each qualified special education child upon	83882
application of that parent pursuant to procedures and deadlines	83883
established by rule of the State Board of Education. Each	83884
scholarship shall be used only to pay tuition for the child on	83885
whose behalf the scholarship is awarded to attend a special	83886
education program that implements the child's individualized	83887
education program and that is operated by a school district other	83888
than the school district in which the child is entitled to attend	83889
school or by another public entity, to either of which under law	83890
the parent is required to pay tuition on behalf of the child, or	83891
by a registered private provider. Each scholarship shall be in an	83892
amount not to exceed the lesser of the tuition charged for the	83893
child by the special education program or fifteen thousand	83894
dollars. The purpose of the scholarship is to permit the parent of	83895
a qualified special education child the choice to send the child	83896
to a special education program, instead of, or in addition to, the	83897
one operated by or for the school district in which the child is	83898
entitled to attend school, to receive the services prescribed in	83899
the child's individualized education program. A scholarship under	83900
this section shall not be awarded to the parent of a child who	83901
attends a public special education program under a contract,	83902
compact, or other bilateral agreement between the school district	83903
in which the child is entitled to attend school and another school	83904
district or other public provider or to the parent of a child who	83905
attends a community school established under Chapter 3314. of the	83906
Revised Code. A child attending a special education program with a	83907
scholarship under this section shall continue to be entitled to	83908
transportation to and from that program in the manner prescribed	83909
by law.	83910

(C)(1) Notwithstanding anything to the contrary in the	83911
Revised Code, a child for whom a scholarship is awarded under this	83912
section shall be counted in the formula ADM and the category six	83913
special education ADM of the district in which the child is	83914
entitled to attend school and not in the formula ADM and the	83915
category six special education ADM of any other school district.	83916

(2) In each fiscal year, the Department shall deduct from the	83917
amounts paid to each school district under Chapter 3317. of the	83918
Revised Code, and, if necessary, sections 321.24 and 323.156 of	83919
the Revised Code, the aggregate amount of scholarships awarded	83920
under this section for qualified special education children	83921
included in the formula ADM and category six special education ADM	83922
of that school district as provided in division (C)(1) of this	83923
section. The scholarships deducted shall be considered as an	83924
approved special education and related services expense for the	83925
purpose of the school district's compliance with division (C)(5)	83926
of section 3317.022 of the Revised Code.	83927

(3) From time to time, the Department shall make a payment to	83928
the parent of each qualified special education child for whom a	83929
scholarship has been awarded under this section. The scholarship	83930
amount shall be proportionately reduced in the case of any such	83931
child who is not enrolled in the special education program for	83932
which a scholarship was awarded under this section for the entire	83933
school year.	83934

(D) A scholarship shall not be paid to a parent for payment	83935
of tuition owed to a nonpublic entity unless that entity is a	83936
registered private provider. The Department shall approve entities	83937
that meet the standards established by rule of the State Board for	83938
the program established under this section.	83939

(E) The State Board shall adopt rules in accordance with	83940
Chapter 119. of the Revised Code prescribing procedures necessary	83941
to implement this section, including, but not limited to,	83942
procedures and deadlines for parents to apply for scholarships,	83943
standards for registered private providers, and procedures for	83944
approval of entities as registered private providers. The Board	83945
shall adopt the rules so that the program established under this	83946
section is operational by January 1, 2004.	83947

(F) The Legislative Office of Education Oversight shall	83948
conduct a formative evaluation of the program established under	83949
this section and shall report its findings to the General Assembly	83950
not later than March 1, 2005. In conducting the evaluation, the	83951
Office shall to the extent possible gather comments from parents	83952
who have been awarded scholarships under the program, school	83953
district officials, representatives of registered private	83954
providers, educators, and representatives of educational	83955
organizations for inclusion in the report required under this	83956
section. The report required under this section is not subject to	83957
the provision prescribed in the last paragraph of section 3301.68	83958
of the Revised Code.	83959

Section 40.37. (A) Not later than January 31, 2004, the	83960
department of education shall recommend to the general assembly,	83961
in consultation with stakeholders, plans for an Ohio Regional	83962
Education Delivery System to provide services and technical	83963
assistance to school districts. The recommendations shall address	83964
how the system should provide services currently provided by	83965
educational service centers, regional professional development	83966
centers, special education regional resource centers, area media	83967
centers, school improvement facilitators, Ohio SchoolNet regional	83968
services, data acquisition sites, educational technology centers,	83969
and other regional service providers. The department shall also	83970
recommend that the system provide services and technical	83971
assistance to chartered nonpublic schools to assist these schools	83972
in meeting Ohio's statutory and administrative code provisions	83973
applicable to such schools. However, the recommendations shall	83974
specify that in providing services to chartered nonpublic schools,	83975
the system is not required to create additional services or	83976
technical assistance beyond those provided to school districts.	83977

(B) The regional service centers recommended under the Ohio	83978
Regional Education Delivery System shall be distributed	83979
geographically throughout the state.	83980

(C) The department, in consultation with stakeholders, shall	83981
recommend an accountability system for the Ohio Regional Education	83982
Delivery System. The recommended accountability system shall	83983
include minimum standards for operation and the provision of	83984
services. It shall also include benchmarks against performance	83985
measures based on each of the following:	83986

(1) Student achievement;

83987

(2) The effectiveness and efficiency of service delivery;

83988

(3) The quality of implementation of state initiatives;

83989

(4) Satisfaction expressed by school districts and other	83990
entities that use the Ohio Regional Education Delivery System with	83991
the quality of the system.	83992

(D) If the Department and stakeholders are unable to reach an	83993
agreement on plans for the Ohio Regional Education Delivery System	83994
by January 31, 2004, as required by division (A) of this section,	83995
the Department shall develop such plans on its own and recommend	83996
them to the General Assembly not later than February 15, 2004.	83997

Section 40.38. (A) There is hereby created the Head Start	83998
Partnership Study Council consisting of the following seventeen	83999
members:	84000

(1) Two employees of the Department of Job and Family	84001
Services appointed by the Director of Job and Family Services;	84002

(2) Two employees of the Department of Education appointed by	84003
the Superintendent of Public Instruction;	84004

(3) Three members of the House of Representatives, not more	84005
than two of whom are members of the same political party,	84006
appointed by the Speaker of the House of Representatives;	84007

(4) Three members of the Senate, not more two of whom are	84008
members of the same political party, appointed by the President of	84009
the Senate;	84010

(5) Two representatives of Head Start agencies appointed by	84011
the Ohio Head Start Association;	84012

(6) Two representatives of child care providers appointed by	84013
the Ohio Association of Child Care Providers;	84014

(7) One representative appointed by the Ohio Day Care	84015
Council;	84016

(8) One representative appointed by the County Commissioner's	84017
Association of Ohio;	84018

(9) One representative appointed by the Association of	84019
Directors of County Departments of Job and Family Services.	84020

Initial appointments of members shall be made not later than	84021
September 1, 2003. Vacancies in any of those appointments shall be	84022
filled in the same manner as original appointments.	84023

The Speaker of the House of Representatives and the President	84024
of the Senate jointly shall appoint the chairperson of the	84025
Council.	84026

Members of the Council shall serve without compensation.

84027

(B) In fiscal year 2004, the Council shall advise the	84028
Departments of Education and Job and Family Services in planning	84029
for the implementation of the Title IV-A Head Start Plus Program	84030
as established under sections 3301.33 and 3301.35 of the Revised	84031
Code and shall report to the General Assembly on the plans for	84032
that program by December 31, 2003.	84033

(C) In fiscal year 2005, the Council shall monitor the	84034
implementation of the Title IV-A Head Start Plus Program as	84035
established under sections 3301.33 and 3301.35 of the Revised Code	84036
and provide advice to the Departments of Education and Job and	84037
Family Services in that implementation.	84038

(D) Unless reauthorized by the General Assembly, the Council	84039
shall cease to exist on July 1, 2005.	84040

Section 40.39. (A) In the 2004-2005 and 2005-2006 school	84041
years, before a student identified with disabilities may begin	84042
receiving services for the first time under an individualized	84043
education program, as defined in section 3323.01 of the Revised	84044
Code, the school district in which that student is enrolled shall	84045
require the student to undergo a comprehensive eye examination	84046
performed either by an optometrist licensed under Chapter 4725. of	84047
the Revised Code or by a physician authorized under Chapter 4731.	84048
of the Revised Code to practice medicine and surgery or	84049
osteopathic medicine and surgery who is comprehensively trained	84050
and educated in the treatment of the human eye, eye disease, or	84051
comprehensive vision services.	84052

(B) The superintendent of each school district or the	84053
superintendent's designee may determine fulfillment of the	84054
requirement prescribed in division (A) of this section based on	84055
any special circumstances of the student, the student's parent,	84056
guardian, or family that may prevent the student from undergoing	84057
the eye examination prior to beginning special education services.	84058

(C) Neither the state nor any school district shall be	84059
responsible for paying for the eye examination required by this	84060
section.	84061

(D) The Director of Health shall, in accordance with Chapter	84062
119. of the Revised Code, adopt a rule that defines for purposes	84063
of this section "comprehensively trained and educated in the	84064
treatment of the human eye, eye disease, or comprehensive vision	84065
services" and shall adopt any other rules necessary for the	84066
implementation of this section.	84067

Section 40.40. TRANSITIONAL AID

84068

The Department of Education shall distribute earmarked funds	84069
within appropriation item 200-501, Base Cost Funding, for	84070
transitional aid in each fiscal year to each city, local, and	84071
exempted village school district that experiences a decrease in	84072
its SF-3 funding plus charge-off supplement for the current fiscal	84073
year in excess of five per cent of its SF-3 funding plus	84074
charge-off supplement for the previous fiscal year. The Department	84075
shall distribute to each such district an amount to reduce the	84076
decrease to five per cent of the district's SF-3 funding plus	84077
charge-off supplement for the previous fiscal year. For this	84078
purpose, "SF-3 funding plus charge-off supplement" equals the sum	84079
of the following:	84080

(A) Base cost funding under division (A) of section 3317.022	84081
of the Revised Code;	84082

(B) Special education and related services additional	84083
weighted funding under division (C)(1) of section 3317.022 of the	84084
Revised Code;	84085

(C) Speech services funding under division (C)(4) of section	84086
3317.022 of the Revised Code;	84087

(D) Vocational education additional weighted funding under	84088
division (E) of section 3317.022 of the Revised Code;	84089

(E) GRADS funding under division (R) of section 3317.024 of	84090
the Revised Code;	84091

(F) Adjustments for classroom teachers and educational	84092
service personnel under divisions (B), (C), and (D) of section	84093
3317.023 of the Revised Code;	84094

(G) Disadvantaged Pupil Impact Aid under section 3317.029 of	84095
the Revised Code;	84096

(H) Gifted education units under division (F) of section	84097
3317.05 of the Revised Code;	84098

(I) Equity aid under section 3317.0213 of the Revised Code;

84099

(J) Transportation under division (D) of section 3317.022 of	84100
the Revised Code;	84101

(K) The state aid guarantee under section 3317.0212 of the	84102
Revised Code;	84103

(L) The excess cost supplement under division (F) of section	84104
3317.022 of the Revised Code;	84105

(M) Parity aid under section 3317.0217 of the Revised Code;

84106

(N) The reappraisal guarantee under division (C) of section	84107
3317.04 of the Revised Code;	84108

(O) The charge-off supplement under section 3317.0216 of the	84109
Revised Code.	84110

Section 41.  OEB OHIO EDUCATIONAL TELECOMMUNICATIONS NETWORK	84111
COMMISSION	84112

General Revenue Fund

84113

General Services Fund Group

84122

STATEHOUSE NEWS BUREAU

84128

The foregoing appropriation item 374-401, Statehouse News	84129
Bureau, shall be used solely to support the operations of the Ohio	84130
Statehouse News Bureau.	84131

OHIO GOVERNMENT TELECOMMUNICATIONS STUDIO

84132

The foregoing appropriation item 374-402, Ohio Government	84133
Telecommunications Studio, shall be used solely to support the	84134
operations of the Ohio Government Telecommunications Studio.	84135

OHIO SONET

84136

The foregoing appropriation item 374-403, Ohio SONET, shall	84137
be used by the Ohio Educational Telecommunications Network	84138
Commission to pay monthly operating expenses and maintenance of	84139
the television and radio transmission infrastructure.	84140

TELECOMMUNICATIONS OPERATING SUBSIDY

84141

The foregoing appropriation item 374-404, Telecommunications	84142
Operating Subsidy, shall be distributed by the Ohio Educational	84143
Telecommunications Network Commission to Ohio's qualified public	84144
educational television stations, radio reading services, and	84145
educational radio stations to support their operations. The funds	84146
shall be distributed pursuant to an allocation developed by the	84147
Ohio Educational Telecommunications Network Commission.	84148

Section 42.  ELC OHIO ELECTIONS COMMISSION

84149

General Revenue Fund

84150

State Special Revenue Fund Group

84153

Section 43.  FUN STATE BOARD OF EMBALMERS AND FUNERAL	84160
DIRECTORS	84161

General Services Fund Group

84162

Section 44.  ERB STATE EMPLOYMENT RELATIONS BOARD

84168

General Revenue Fund

84169

General Services Fund Group

84172

Section 45.  ENG STATE BOARD OF ENGINEERS AND SURVEYORS

84178

General Services Fund Group

84179

Section 46.  EPA ENVIRONMENTAL PROTECTION AGENCY

84185

General Revenue Fund

84186

General Services Fund Group

84198

Federal Special Revenue Fund Group

84204

State Special Revenue Fund Group

84223

CENTRAL SUPPORT INDIRECT

84256

Notwithstanding any other provision of law to the contrary,	84257
the Director of Environmental Protection, with the approval of the	84258
Director of Budget and Management, shall utilize a methodology for	84259
determining each division's payments into the Central Support	84260
Indirect Fund (Fund 219). The methodology used shall contain the	84261
characteristics of administrative ease and uniform application.	84262
Payments to the Central Support Indirect Fund (Fund 219) shall be	84263
made using an intrastate transfer voucher.	84264

CLEAN OHIO - OPERATING

84265

The foregoing appropriation item 715-607, Clean Ohio -	84266
Operating, shall be used by the Ohio Environmental Protection	84267
Agency in administering sections 122.65 to 122.658 of the Revised	84268
Code.	84269

Section 47.  EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION

84270

General Revenue Fund

84271

Section 48.  ETH OHIO ETHICS COMMISSION

84276

General Revenue Fund

84277

General Services Fund Group

84280

Section 49.  EXP OHIO EXPOSITIONS COMMISSION

84286

General Revenue Fund

84287

State Special Revenue Fund Group

84290

STATE FAIR RESERVE

84297

The foregoing appropriation item 723-603, State Fair Reserve,	84298
shall serve as a budget reserve fund for the Ohio Expositions	84299
Commission in the event of a significant decline in attendance due	84300
to inclement weather or extraordinary circumstances during the	84301
Ohio State Fair resulting in a loss of revenue. The State Fair	84302
Reserve may be used by the Ohio Expositions Commission to pay	84303
bills resulting from the Ohio State Fair only if all the following	84304
criteria are met:	84305

(A) Admission revenues for the 2003 Ohio State Fair are less	84306
than $2,542,500 or admission revenues for the 2004 Ohio State Fair	84307
are less than $2,619,000 due to inclement weather or extraordinary	84308
circumstances. These amounts are ninety per cent of the projected	84309
admission revenues for each year.	84310

(B) The Ohio Expositions Commission declares a state of	84311
fiscal exigency and requests release of funds by the Director of	84312
Budget and Management.	84313

(C) The Director of Budget and Management releases the funds.	84314
The Director of Budget and Management may approve or disapprove	84315
the request for release of funds, may increase or decrease the	84316
amount of release, and may place such conditions as the director	84317
considers necessary on the use of the released funds. The Director	84318
of Budget and Management may transfer appropriation authority from	84319
fiscal year 2004 to fiscal year 2005 as needed.	84320

In the event that the Ohio Expositions Commission faces a	84321
temporary cash shortage that will preclude it from meeting current	84322
obligations, the Commission may request the Director of Budget and	84323
Management to approve use of the State Fair Reserve to meet those	84324
obligations. The request shall include a plan describing how the	84325
Commission will eliminate the cash shortage. If the Director of	84326
Budget and Management approves the expenditures, the Commission	84327
shall reimburse Fund 640 by the thirtieth day of June of that same	84328
fiscal year through an intrastate transfer voucher. The amount	84329
reimbursed is hereby appropriated.	84330

Section 50.  GOV OFFICE OF THE GOVERNOR

84331

General Revenue Fund

84332

General Services Fund Group

84337

APPOINTMENT OF LEGAL COUNSEL FOR THE GOVERNOR

84341

The Governor may expend a portion of the foregoing	84342
appropriation item 040-321, Operating Expenses, to hire or appoint	84343
legal counsel to be used in proceedings involving the Governor in	84344
the Governor's official capacity or the Governor's office only,	84345
without the approval of the Attorney General, notwithstanding	84346
sections 109.02 and 109.07 of the Revised Code.	84347

FEDERAL RELATIONS

84348

A portion of the foregoing appropriation items 040-403,	84349
Federal Relations, and 040-607, Federal Relations, may be used to	84350
support Ohio's membership in national or regional associations.	84351

The Office of the Governor may charge any state agency of the	84352
executive branch using an intrastate transfer voucher such amounts	84353
necessary to defray the costs incurred for the conduct of federal	84354
relations associated with issues that can be attributed to the	84355
agency. Amounts collected shall be deposited to the Office of the	84356
Governor Federal Relations Fund (Fund 412).	84357

Section 51.  DOH DEPARTMENT OF HEALTH

84358

General Revenue Fund

84359

General Services Fund Group

84379

Federal Special Revenue Fund Group

84388

State Special Revenue Fund Group

84396

Holding Account Redistribution Fund Group

84417

Section 51.01. CANCER REGISTRY SYSTEM

84424

Of the foregoing appropriation item 440-412, Cancer Incidence	84425
Surveillance System, not more than $50,000 in each fiscal year	84426
shall be provided to Health Comp, Inc.	84427

The remaining moneys in appropriation item 440-412, Cancer	84428
Incidence Surveillance System, shall be used to maintain and	84429
operate the Ohio Cancer Incidence Surveillance System pursuant to	84430
sections 3701.261 to 3701.263 of the Revised Code.	84431

HEALTHY COMMUNITIES

84432

Of the foregoing appropriation item 440-413, Healthy	84433
Communities, $50,000 in each fiscal year shall be allocated to the	84434
Columbus Yassenoff Jewish Community Center to fund nutrition and	84435
exercise education for children ages eight to thirteen.	84436

CHILD AND FAMILY HEALTH SERVICES

84437

Of the foregoing appropriation item 440-416, Child and Family	84438
Health Services, $1,700,000 in each fiscal year shall be used for	84439
women's health services. None of the funds received through these	84440
grants shall be used to provide abortion services. None of the	84441
funds received through these grants shall be used for counseling	84442
for or referrals for abortion, except in the case of a medical	84443
emergency. These funds shall be distributed by the Director of	84444
Health to programs that the Department of Health determines will	84445
provide services that are physically and financially separate from	84446
abortion-providing and abortion-promoting activities, and that do	84447
not include counseling for or referrals for abortion, other than	84448
in the case of medical emergency.	84449

These women's health services include and are limited to the	84450
following: pelvic exams and lab testing; breast exams and patient	84451
education on breast cancer; screening for cervical cancer;	84452
screening and treatment for Sexually Transmitted Diseases (STDs)	84453
and HIV screening; voluntary choice of contraception, including	84454
abstinence and natural family planning; patient education and	84455
pre-pregnancy counseling on the dangers of smoking, alcohol, and	84456
drug use during pregnancy; education on sexual coercion and	84457
violence in relationships; and prenatal care or referral for	84458
prenatal care. These health care services shall be provided by	84459
licensed doctors, nurses, medical assistants, counselors, and	84460
social workers in a medical clinic setting.	84461

The Director of Health shall adopt rules in accordance with	84462
Chapter 119. of the Revised Code specifying reasonable eligibility	84463
standards that must be met to receive the state funding and	84464
provide reasonable methods by which a grantee wishing to be	84465
eligible for federal funding may comply with these requirements	84466
for state funding without losing its eligibility for federal	84467
funding.	84468

Each applicant for these funds shall provide sufficient	84469
assurance to the Director of Health of all of the following:	84470

(A) The program shall not discriminate in the provision of	84471
services based on an individual's religion, race, national origin,	84472
handicapping condition, age, number of pregnancies, or marital	84473
status;	84474

(B) The program shall provide services without subjecting	84475
individuals to any coercion to accept services or to employ any	84476
particular methods of family planning;	84477

(C) Acceptance of services shall be solely on a voluntary	84478
basis and may not be made a prerequisite to eligibility for, or	84479
receipt of, any other service, assistance from, or participation	84480
in, any other program of the service provider;	84481

(D) The costs for services provided by the program, if any	84482
are charged, shall be based on the patient's ability to pay and	84483
priority in the provision of services shall be given to persons	84484
from low-income families.	84485

In distributing these grant funds, the Director of Health	84486
shall give priority to grant requests from local departments of	84487
health for women's health services to be provided directly by	84488
personnel of the local department of health. Local departments of	84489
health that apply for grants for women's health services to be	84490
provided directly by personnel of the local department of health	84491
need not provide all the listed women's health services in order	84492
to qualify for a grant. However, in prioritizing awards among	84493
local departments of health that qualify for funding under this	84494
paragraph, the Director of Health may consider, among other	84495
reasonable factors, the comprehensiveness of the women's health	84496
services to be offered, provided that no local department of	84497
health shall be discriminated against in the process of awarding	84498
these grant funds because the applicant does not provide	84499
contraception.	84500

If funds remain after awarding grants to all local	84501
departments of health that qualify for the priority, the Director	84502
of Health may make grants to other applicants. Other grant	84503
applicants need not provide all the listed women's health services	84504
in order to qualify for a grant. However, in prioritizing awards	84505
among such other applicants that qualify for funding under this	84506
paragraph, the Director of Health may consider, among other	84507
reasonable factors, the comprehensiveness of the women's health	84508
services to be offered, provided that no applicant shall be	84509
discriminated against in the process of awarding these grant funds	84510
because the applicant does not provide contraception.	84511

Of the foregoing appropriation item 440-416, Child and Family	84512
Health Services, not more than $270,000 shall be used in each	84513
fiscal year for the OPTIONS dental care access program.	84514

Of the foregoing appropriation item 440-416, Child and Family	84515
Health Services, not more than $900,000 in each fiscal year shall	84516
be used by federally qualified health centers and federally	84517
designated look-alikes to provide services to uninsured low-income	84518
persons.	84519

Of the foregoing appropriation item 440-416, Child and Family	84520
Health Services, $500,000 in each fiscal year shall be used for	84521
abstinence-only education. The Director of Health shall develop	84522
guidelines for the establishment of abstinence programs for	84523
teenagers with the purpose of decreasing unplanned pregnancies and	84524
abortion. The guidelines shall be developed pursuant to Title V of	84525
the "Social Security Act," 42 U.S.C. 510, and shall include, but	84526
are not limited to, advertising campaigns and direct training in	84527
schools and other locations.	84528

Of the foregoing appropriation item 440-416, Child and Family	84529
Health Services, $30,000 in each fiscal year shall be allocated to	84530
the Jewish Family Service of Cleveland, $10,000 in each fiscal	84531
year shall be allocated to the Jewish Family Service of	84532
Cincinnati, and $10,000 in each fiscal year shall be allocated to	84533
the Jewish Family Services of Columbus for interpreters for health	84534
care.	84535

Of the foregoing appropriation item 440-416, Child and Family	84536
Health Services, $25,000 in each fiscal year shall be allocated to	84537
Clermont County's Comprehensive Community Suicide Prevention	84538
Program.	84539

Of the foregoing appropriation item 440-416, Child and Family	84540
Health Services, $25,000 in each fiscal year shall be allocated to	84541
the Health Education Center in Cincinnati.	84542

Of the foregoing appropriation item 440-416, Child and Family	84543
Health Services, $62,500 in each fiscal year shall be allocated to	84544
the Cincinnati YWCA Hippy.	84545

Of the foregoing appropriation item 440-416, Child and Family	84546
Health Services, $25,000 in each fiscal year shall be allocated to	84547
the Helping Hearts Program.	84548

Of the foregoing appropriation item 440-416, Child and Family	84549
Health Services, $25,000 in each fiscal year shall be allocated to	84550
the Tree of Knowledge Learning Center.	84551

Of the foregoing appropriation item 440-416, Child and Family	84552
Health Services, $50,000 in each fiscal year shall be allocated to	84553
the Mayerson Foundation.	84554

SEXUAL ASSAULT PREVENTION AND INTERVENTION

84555

The foregoing appropriation item 440-419, Sexual Assault	84556
Prevention and Intervention, shall be used for the following	84557
purposes:	84558

(A) Funding of new services in counties with no services for	84559
sexual assault;	84560

(B) Expansion of services provided in currently funded	84561
projects so that comprehensive crisis intervention and prevention	84562
services are offered;	84563

(C) Start-up funding for Sexual Assault Nurse Examiner (SANE)	84564
projects;	84565

(D) Statewide expansion of local outreach and public	84566
awareness efforts.	84567

HIV/AIDS PREVENTION/TREATMENT

84568

Of the foregoing appropriation item 440-444, AIDS Prevention	84569
and Treatment, up to $6.4 million in fiscal year 2004 and up to	84570
$6.7 million in fiscal year 2005 shall be used to assist persons	84571
with HIV/AIDS in acquiring HIV-related medications.	84572

INFECTIOUS DISEASE PREVENTION

84573

Of the foregoing appropriation item 440-446, Infectious	84574
Disease Prevention, not more than $200,000 in each fiscal year	84575
shall be used to reimburse boards of county commissioners pursuant	84576
to division (A) of section 339.77 of the Revised Code.	84577

Of the foregoing appropriation item 440-446, Infectious	84578
Disease Prevention, not more than $60,000 shall be used by the	84579
Director of Health to reimburse Boards of County Commissioners for	84580
the cost of detaining indigent persons with tuberculosis. Any	84581
portion of the $60,000 allocated for detainment not used for that	84582
purpose shall be used to make payments to counties pursuant to	84583
section 339.77 of the Revised Code.	84584

Of the foregoing appropriation item 440-446, Infectious	84585
Disease Prevention, not more than $250,000 in each fiscal year	84586
shall be used for the purchase of drugs for sexually transmitted	84587
diseases.	84588

HELP ME GROW

84589

The foregoing appropriation item 440-459, Help Me Grow, shall	84590
be used by the Department of Health to distribute subsidies to	84591
counties to implement the Help Me Grow program. Appropriation item	84592
440-459 may be used in conjunction with Temporary Assistance for	84593
Needy Families from the Department of Job and Family Services,	84594
Early Intervention funding from the Department of Mental	84595
Retardation and Developmental Disabilities, and in conjunction	84596
with other early childhood funds and services to promote the	84597
optimal development of young children. Local contracts shall be	84598
developed between local departments of job and family services and	84599
family and children first councils for the administration of TANF	84600
funding for the Help Me Grow Program. The Department of Health	84601
shall enter into an interagency agreement with the Department of	84602
Education, Department of Mental Retardation and Developmental	84603
Disabilities, Department of Job and Family Services, and	84604
Department of Mental Health to ensure that all early childhood	84605
programs and initiatives are coordinated and school linked.	84606

POISON CONTROL NETWORK

84607

The foregoing appropriation item 440-504, Poison Control	84608
Network, shall be used in each fiscal year by the Department of	84609
Health for grants to the consolidated Ohio Poison Control Center	84610
to provide poison control services to Ohio citizens.	84611

Notwithstanding section 3701.83 of the Revised Code, not	84612
later than the fifteenth day of July of each fiscal year or as	84613
soon as possible thereafter, the Director of Budget and Management	84614
shall transfer cash in the amount of $127,287 from appropriation	84615
item 440-618, General Operations – General Services Fund, (Fund	84616
142) to the General Revenue Fund.	84617

TARGETED HEALTH CARE SERVICES OVER 21

84618

In each fiscal year, appropriation item 440-507, Targeted	84619
Health Care Services Over 21, shall be used to administer the	84620
cystic fibrosis program and implement the Hemophilia Insurance	84621
Premium Payment program.	84622

EXTENSION OF HEMOPHILIA HEALTH INSURANCE PREMIUM PAYMENTS

84623

The Director of Health shall continue to provide, through	84624
contracts with or grants to hemophilia treatment centers, for	84625
health insurance premiums to be paid for individuals who are at	84626
least twenty-one years of age, diagnosed with hemophilia or a	84627
related bleeding disorder, and receive such assistance on the day	84628
prior to the effective date of this section under the program for	84629
care and treatment of persons suffering from hemophilia	84630
established under former section 3701.144 of the Revised Code	84631
until the effective date of the initial rules adopted under	84632
division (A)(12) of section 3701.021 of the Revised Code for the	84633
hemophilia program established under section 3701.029 of the	84634
Revised Code. The Public Health Council shall adopt those rules	84635
not later than twelve months after the effective date of this	84636
section.	84637

MATERNAL CHILD HEALTH BLOCK GRANT

84638

Of the foregoing appropriation item 440-601, Maternal Child	84639
Health Block Grant (Fund 320), $2,091,299 shall be used in each	84640
fiscal year for the purposes of abstinence-only education. The	84641
Director of Health shall develop guidelines for the establishment	84642
of abstinence programs for teenagers with the purpose of	84643
decreasing unplanned pregnancies and abortion. Such guidelines	84644
shall be pursuant to Title V of the "Social Security Act," 42	84645
U.S.C. 510, and shall include, but are not limited to, advertising	84646
campaigns and direct training in schools and other locations.	84647

GENETICS SERVICES

84648

The foregoing appropriation item 440-608, Genetics Services	84649
(Fund 4D6), shall be used by the Department of Health to	84650
administer programs authorized by sections 3701.501 and 3701.502	84651
of the Revised Code. None of these funds shall be used to counsel	84652
or refer for abortion, except in the case of a medical emergency.	84653

SAFETY AND QUALITY OF CARE STANDARDS

84654

The Department of Health may use Fund 471, Certificate of	84655
Need, for administering sections 3702.11 to 3702.20 and 3702.30 of	84656
the Revised Code in each fiscal year.	84657

MEDICALLY HANDICAPPED CHILDREN AUDIT

84658

The Medically Handicapped Children Audit Fund (Fund 477)	84659
shall receive revenue from audits of hospitals and recoveries from	84660
third-party payers. Moneys may be expended for payment of audit	84661
settlements and for costs directly related to obtaining recoveries	84662
from third-party payers and for encouraging Medically Handicapped	84663
Children's Program recipients to apply for third-party benefits.	84664
Moneys also may be expended for payments for diagnostic and	84665
treatment services on behalf of medically handicapped children, as	84666
defined in division (A) of section 3701.022 of the Revised Code,	84667
and Ohio residents who are twenty-one or more years of age and who	84668
are suffering from cystic fibrosis or hemophilia. Moneys may also	84669
be expended for administrative expenses incurred in operating the	84670
Medically Handicapped Children's Program.	84671

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	84672
PERMIT FUND	84673

The Director of Budget and Management, pursuant to a plan	84674
submitted by the Department of Health, or as otherwise determined	84675
by the Director of Budget and Management, shall set a schedule to	84676
transfer cash from the Liquor Control Fund (Fund 043) to the	84677
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating	84678
needs of the Alcohol Testing and Permit program.	84679

The Director of Budget and Management shall transfer to the	84680
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control	84681
Fund (Fund 043) established in section 4301.12 of the Revised Code	84682
such amounts at such times as determined by the transfer schedule.	84683

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

84684

The foregoing appropriation item 440-607, Medically	84685
Handicapped Children - County Assessments (Fund 666), shall be	84686
used to make payments pursuant to division (E) of section 3701.023	84687
of the Revised Code.	84688

NURSING FACILITY TECHNICAL ASSISTANCE PROGRAM

84689

The Director of Budget and Management shall transfer, by	84690
intrastate transfer voucher, each fiscal year, cash from Fund 4E3,	84691
Resident Protection Fund, in the Ohio Department of Job and Family	84692
Services, to Fund 5L1, Nursing Facility Technical Assistance Fund,	84693
in the Ohio Department of Health, to be used in accordance with	84694
section 3721.026 of the Revised Code. The transfers shall equal	84695
the amount appropriated per fiscal year in Fund 5L1, Nursing	84696
Facility Technical Assistance Fund.	84697

Section 52.  HEF HIGHER EDUCATIONAL FACILITY COMMISSION

84698

Agency Fund Group

84699

Section 53.  SPA COMMISSION ON HISPANIC/LATINO AFFAIRS

84704

General Revenue Fund

84705

General Services Fund Group

84709

Section 54.  OHS OHIO HISTORICAL SOCIETY

84715

General Revenue Fund

84716

SUBSIDY APPROPRIATION

84727

Upon approval by the Director of Budget and Management, the	84728
foregoing appropriation items shall be released to the Ohio	84729
Historical Society in quarterly amounts that in total do not	84730
exceed the annual appropriations. The funds and fiscal records of	84731
the society for fiscal years 2004 and 2005 shall be examined by	84732
independent certified public accountants approved by the Auditor	84733
of State, and a copy of the audited financial statements shall be	84734
filed with the Office of Budget and Management. The society shall	84735
prepare and submit to the Office of Budget and Management the	84736
following:	84737

(A) An estimated operating budget for each fiscal year of the	84738
biennium. The operating budget shall be submitted at or near the	84739
beginning of each year.	84740

(B) Financial reports, indicating actual receipts and	84741
expenditures for the fiscal year to date. These reports shall be	84742
filed at least semiannually during the fiscal biennium.	84743

The foregoing appropriations shall be considered to be the	84744
contractual consideration provided by the state to support the	84745
state's offer to contract with the Ohio Historical Society under	84746
section 149.30 of the Revised Code. If the Ohio Historical Society	84747
accepts this contractual offer, the society may not, during fiscal	84748
year 2004 or 2005, close any of the sites operated by the society	84749
as of the effective date of this section.	84750

Not later than May 15, 2004, the Ohio Historical Society	84751
shall submit to the Controlling Board a plan for the	84752
implementation of the recommendations of the Select Committee to	84753
Study the Effectiveness of Ohio's Historical Programs and	84754
Partnerships. No appropriations to the society for fiscal year	84755
2005 may be expended without prior approval of the implementation	84756
plan by the Controlling Board.	84757

HAYES PRESIDENTIAL CENTER

84758

If a United States government agency, including, but not	84759
limited to, the National Park Service, chooses to take over the	84760
operations or maintenance of the Hayes Presidential Center, in	84761
whole or in part, the Ohio Historical Society shall make	84762
arrangements with the National Park Service or other United States	84763
government agency for the efficient transfer of operations or	84764
maintenance.	84765

HISTORICAL GRANTS

84766

Of the foregoing appropriation item 360-508, Historical	84767
Grants, $100,000 in each fiscal year shall be distributed to the	84768
Hebrew Union College in Cincinnati for the Center for Holocaust	84769
and Humanity Education, $150,000 in fiscal year 2004 shall be	84770
distributed to the National Underground Railroad Freedom Center in	84771
Cincinnati, $250,000 in each fiscal year shall be distributed to	84772
the Great Lakes Historical Society in Vermilion, $600,000 in each	84773
fiscal year shall be distributed to the Western Reserve Historical	84774
Society in Cleveland, $500,000 in fiscal year 2004 shall be	84775
distributed to the Village of Dennison for the Historical Center	84776
Street District, $100,000 in each fiscal year shall be distributed	84777
to the Harbor Heritage Society Steamship Mather in Cleveland, and	84778
$500,000 in each fiscal year shall be distributed to the	84779
Cincinnati Museum Center.	84780

OHIO BICENTENNIAL COMMISSION ROYALTIES

84781

Notwithstanding any previous arrangement to the contrary, the	84782
Ohio Bicentennial Commission shall keep the first $100,000 in	84783
earned royalties associated with the Ohio Bicentennial logo during	84784
the 2004-2005 biennium. This $100,000 shall be used to cover the	84785
operating expenses of the Ohio Bicentennial Commission in fiscal	84786
year 2005. The remaining moneys collected from royalties	84787
associated with the Ohio Bicentennial logo shall be deposited into	84788
the General Revenue Fund, of which $350,000 shall be distributed	84789
to the Ohio Historical Society for use in appropriation item	84790
360-403, Adena - Worthington Home.	84791

Section 55.  REP OHIO HOUSE OF REPRESENTATIVES

84792

General Revenue Fund

84793

General Services Fund Group

84796

Section 56.  IGO OFFICE OF THE INSPECTOR GENERAL

84803

General Revenue Fund

84804

State Special Revenue Fund Group

84810

INSPECTOR GENERAL REIMBURSEMENT

84814

The foregoing appropriation item 965-401, Inspector General	84815
Reimbursement, shall be used for reimbursement from agreements	84816
with state agencies and the voluntary contributions from private	84817
parties for investigative costs of the Inspector General.	84818

SPECIAL INVESTIGATIONS

84819

Of the foregoing appropriation item 965-602, Special	84820
Investigations, up to $100,000 in each fiscal year may be used for	84821
investigative costs, pursuant to section 121.481 of the Revised	84822
Code.	84823

Section 57.  INS DEPARTMENT OF INSURANCE

84824

Federal Special Revenue Fund Group

84825

State Special Revenue Fund Group

84829

MARKET CONDUCT EXAMINATION

84836

When conducting a market conduct examination of any insurer	84837
doing business in this state, the Superintendent of Insurance may	84838
assess the costs of the examination against the insurer. The	84839
superintendent may enter into consent agreements to impose	84840
administrative assessments or fines for conduct discovered that	84841
may be violations of statutes or regulations administered by the	84842
superintendent. All costs, assessments, or fines collected shall	84843
be deposited to the credit of the Department of Insurance	84844
Operating Fund (Fund 554).	84845

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

84846

The Superintendent of Insurance may transfer funds from the	84847
Department of Insurance Operating Fund (Fund 554), established by	84848
section 3901.021 of the Revised Code, to the Superintendent's	84849
Examination Fund (Fund 555), established by section 3901.071 of	84850
the Revised Code, only for the expenses incurred in examining	84851
domestic fraternal benefit societies as required by section	84852
3921.28 of the Revised Code.	84853

On July 1, 2003, or as soon as possible thereafter, the	84854
Director of Budget and Management shall transfer $1,000,000 from	84855
the Department of Insurance Operating Fund (Fund 554) to the	84856
General Revenue Fund.	84857

Section 58.  JFS DEPARTMENT OF JOB AND FAMILY SERVICES

84858

General Revenue Fund

84859

General Services Fund Group

84897

Federal Special Revenue Fund Group

84905

State Special Revenue Fund Group

84932

Agency Fund Group

84954

Holding Account Redistribution Fund Group

84959

Section 58.01. OHIO COMMISSION TO REFORM MEDICAID

84965

The foregoing appropriation item 600-439, Commission to	84966
Reform Medicaid, shall be used to fund the Ohio Commission to	84967
Reform Medicaid.	84968

HEALTH CARE/MEDICAID

84969

The foregoing appropriation item 600-525, Health	84970
Care/Medicaid, shall not be limited by the provisions of section	84971
131.33 of the Revised Code.	84972

Section 58.02. CHILD SUPPORT COLLECTIONS/TANF MOE

84973

The foregoing appropriation item 600-658, Child Support	84974
Collections, shall be used by the Department of Job and Family	84975
Services to meet the TANF maintenance of effort requirements of	84976
Pub. L. No. 104-193. After the state has met the maintenance of	84977
effort requirement, the Department of Job and Family Services may	84978
use funds from appropriation item 600-658 to support public	84979
assistance activities.	84980

Section 58.03. MEDICAID PROGRAM SUPPORT FUND - STATE

84981

The foregoing appropriation item 600-671, Medicaid Program	84982
Support, shall be used by the Department of Job and Family	84983
Services to pay for Medicaid services and contracts. The	84984
Department may also deposit to Fund 5C9 revenues received from	84985
other state agencies for Medicaid services under the terms of	84986
interagency agreements between the Department and other state	84987
agencies.	84988

Section 58.04. HEALTH CARE SERVICES ADMINISTRATION

84989

The foregoing appropriation item 600-654, Health Care	84990
Services Administration, shall be used by the Department of Job	84991
and Family Services for costs associated with the administration	84992
of the Medicaid program.	84993

Section 58.05. HEALTH CARE SERVICES ADMINISTRATION FUND

84994

Of the amount received by the Department of Job and Family	84995
Services during fiscal year 2004 and fiscal year 2005 from the	84996
first installment of assessments paid under section 5112.06 of the	84997
Revised Code and intergovernmental transfers made under section	84998
5112.07 of the Revised Code, the Director of Job and Family	84999
Services shall deposit $350,000 into the state treasury to the	85000
credit of the Health Care Services Administration Fund (Fund 5U3).	85001

HOSPITAL CARE ASSURANCE MATCH FUND

85002

Appropriation item 600-650, Hospital Care Assurance Match,	85003
shall be used by the Department of Job and Family Services in	85004
accordance with division (B) of section 5112.18 of the Revised	85005
Code.	85006

Section 58.06. TANF FEDERAL BLOCK GRANT FUNDS AND TRANSFERS

85007

Upon the request of the Department of Job and Family	85008
Services, the Director of Budget and Management may seek	85009
Controlling Board approval to increase appropriations in	85010
appropriation item 600-689, TANF Block Grant, provided sufficient	85011
funds exist to do so without any corresponding decrease in other	85012
appropriation items. The Department of Job and Family Services	85013
shall provide the Director of Budget and Management and the	85014
Controlling Board with documentation to support the need for the	85015
increased appropriation.	85016

All transfers of moneys from or charges against TANF Federal	85017
Block Grant awards for use in the Social Services Block Grant or	85018
the Child Care and Development Block Grant shall be done after the	85019
Department of Job and Family Services gives written notice to the	85020
Director of Budget and Management. The Department of Job and	85021
Family Services shall first provide the Director of Budget and	85022
Management with documentation to support the need for such	85023
transfers or charges for use in the Social Services Block Grant or	85024
in the Child Care and Development Block Grant.	85025

Before the thirtieth day of September of each fiscal year,	85026
the Department of Job and Family Services shall file claims with	85027
the United States Department of Health and Human Services for	85028
reimbursement for all allowable expenditures for services provided	85029
by the Department of Job and Family Services, or other agencies	85030
that may qualify for Social Services Block Grant funding pursuant	85031
to Title XX of the Social Security Act.	85032

Section 58.06a. GOVERNOR'S OFFICE FOR FAITH-BASED NONPROFIT	85033
AND OTHER NONPROFIT ORGANIZATIONS	85034

Of the foregoing appropriation item 600-659, TANF/Title XX,	85035
$625,000 in the fiscal year 2004-2005 biennium shall be used to	85036
support the activities of the Governor's Office for Faith-Based	85037
Nonprofit and Other Nonprofit Organizations.	85038

OHIO ASSOCIATION OF SECOND HARVEST FOOD BANKS

85039

Of the foregoing appropriation item 600-659, TANF/Title XX	85040
(Fund 3W3), up to $4,500,000 in each fiscal year shall be used by	85041
the Department of Job and Family Services to support expenditures	85042
to the Ohio Association of Second Harvest Food Banks according to	85043
the following criteria.	85044

As used in this section, "federal poverty guidelines" has the	85045
same meaning as in section 5101.46 of the Revised Code.	85046

The Department of Job and Family Services shall provide an	85047
annual grant of $4,500,000 in each of the fiscal years 2004 and	85048
2005 to the Ohio Association of Second Harvest Food Banks. In each	85049
fiscal year, the Ohio Association of Second Harvest Food Banks	85050
shall use $2,500,000 for the purchase of food products for the	85051
Ohio Food Program, of which up to $105,000 may be used for food	85052
storage and transport, and shall use $2,000,000 for the	85053
Agricultural Surplus Production Alliance Project. Funds provided	85054
for the Ohio Food Program shall be used to purchase food products	85055
and to distribute those food products to agencies participating in	85056
the emergency food distribution program. No funds provided through	85057
this grant may be used for administrative expenses other than	85058
funds provided for food storage and transport. As soon as possible	85059
after entering into a grant agreement at the beginning of each	85060
fiscal year, the Department of Job and Family Services shall	85061
distribute the grant funds in one single payment. The Ohio	85062
Association of Second Harvest Food Banks shall develop a plan for	85063
the distribution of the food products to local food distribution	85064
agencies. Agencies receiving these food products shall ensure that	85065
individuals and families who receive any of the food products	85066
purchased with these funds have an income at or below 150 per cent	85067
of the federal poverty guidelines. The Department of Job and	85068
Family Services and the Ohio Association of Second Harvest Food	85069
Banks shall agree on reporting requirements to be incorporated	85070
into the grant agreement.	85071

The Ohio Association of Second Harvest Food Banks shall	85072
return any fiscal year 2004 funds from this grant remaining	85073
unspent on June 30, 2004, to the Department of Job and Family	85074
Services not later than November 1, 2004. The Ohio Association of	85075
Second Harvest Food Banks shall return any fiscal year 2005 funds	85076
from the grant remaining unspent on June 30, 2005, to the	85077
Department of Job and Family Services no later than November 1,	85078
2005.	85079

Section 58.06.A.1. OHIO ALLIANCE OF BOYS AND GIRLS CLUBS

85080

Of the foregoing appropriation item 600-659, TANF/Title XX	85081
(Fund 3W3), the Department of Job and Family Services shall use up	85082
to $600,000 in each fiscal year to support expenditures of the	85083
Ohio Alliance of Boys and Girls Clubs to provide nutritional	85084
meals, snacks, and educational and enrichment services to children	85085
participating in programs and activities operated by eligible Boys	85086
and Girls Clubs.	85087

The Department of Job and Family Services shall provide an	85088
annual grant of $600,000 in each fiscal year to the Ohio Alliance	85089
of Boys and Girls Clubs. As soon as possible after entering into a	85090
grant agreement at the beginning of each fiscal year, the	85091
Department of Job and Family Services shall distribute the grant	85092
funds in one single payment. The Department of Job and Family	85093
Services and the Ohio Alliance of Boys and Girls Clubs shall agree	85094
on reporting requirements to be incorporated into the grant	85095
agreement.	85096

The Ohio Alliance of Boys and Girls Clubs shall return any	85097
fiscal year 2004 funds from the grant remaining unspent on June	85098
30, 2004, to the Ohio Department of Job and Family Services not	85099
later than November 1, 2004. The Ohio Alliance of Boys and Girls	85100
Clubs shall return any fiscal year 2005 funds from this grant	85101
remaining unspent on June 30, 2005, to the Ohio Department of Job	85102
and Family Services not later than November 1, 2005.	85103

Section 58.06b. ADULT PROTECTIVE SERVICES

85104

Of the foregoing appropriation item 600-659, TANF/Title XX	85105
(Fund 3W3), up to $2,700,000 in each fiscal year shall be used by	85106
the Department of Job and Family Services to reimburse county	85107
departments of job and family services for all or part of the	85108
costs they incur in providing adult protective services pursuant	85109
to sections 5101.60 to 5101.71 of the Revised Code.	85110

Section 58.07. PRESCRIPTION DRUG REBATE FUND

85111

The foregoing appropriation item 600-692, Health Care	85112
Services, shall be used by the Department of Job and Family	85113
Services in accordance with section 5111.081 of the Revised Code.	85114
Moneys recovered by the Department pursuant to the Department's	85115
rights of recovery under section 5101.58 of the Revised Code, that	85116
are not directed to the Health Care Services Administration Fund	85117
(Fund 5U3) pursuant to section 5111.94 of the Revised Code shall	85118
also be deposited into Fund 5P5.	85119

Section 58.08. ODJFS FUNDS

85120

AGENCY FUND GROUP

85121

The Agency Fund Group shall be used to hold revenues until	85122
the appropriate fund is determined or until they are directed to	85123
the appropriate governmental agency other than the Department of	85124
Job and Family Services. If it is determined that additional	85125
appropriation authority is necessary, such amounts are hereby	85126
appropriated.	85127

HOLDING ACCOUNT REDISTRIBUTION GROUP

85128

The foregoing appropriation items 600-643, Refunds and Audit	85129
Settlements, and 600-644, Forgery Collections, Holding Account	85130
Redistribution Fund Group, shall be used to hold revenues until	85131
they are directed to the appropriate accounts or until they are	85132
refunded. If it is determined that additional appropriation	85133
authority is necessary, such amounts are hereby appropriated.	85134

Section 58.09. CONSOLIDATED FUNDING ALLOCATION FOR COUNTY	85135
DEPARTMENTS OF JOB AND FAMILY SERVICES	85136

Using the foregoing appropriation items 600-521, Family	85137
Stability Subsidy; 600-659, TANF/Title XX; 600-610, Food Stamps	85138
and State Administration; 600-410, TANF State; 600-689, TANF Block	85139
Grant; 600-620, Social Services Block Grant; 600-523, Children and	85140
Families Subsidy; 600-413, Child Care Match/Maintenance of Effort;	85141
600-617, Child Care Federal; 600-623, Health Care Federal; and	85142
600-614, Refugees Services, the Department of Job and Family	85143
Services may establish a single allocation for county departments	85144
of job and family services. The county department is not required	85145
to use all the money from one or more of the appropriation items	85146
listed in this paragraph for the purpose for which the specific	85147
appropriation item is made so long as the county department uses	85148
the money for a purpose for which at least one of the other of	85149
those appropriation items is made. The county department may not	85150
use the money in the allocation for a purpose other than a purpose	85151
any of those appropriation items are made. If the spending	85152
estimates used in establishing the single allocation are not	85153
realized and the county department uses money in one or more of	85154
those appropriation items in a manner for which federal financial	85155
participation is not available, the department shall use state	85156
funds available in one or more of those appropriation items to	85157
ensure that the county department receives the full amount of its	85158
allocation and complete a reconciliation at the end of the fiscal	85159
year to appropriately align cash draws with expenditures related	85160
to state and federal claims.	85161

To facilitate this reconciliation, before the thirty-first	85162
day of May of the current fiscal year and after the conclusion of	85163
the county reconciliation process for the previous fiscal year,	85164
the Director of Job and Family Services may request that the	85165
Director of Budget and Management transfer cash between the funds	85166
that make-up the consolidated allocation to the county departments	85167
of job and family services.	85168

Section 58.10. TRANSFER OF FUNDS

85169

The Department of Job and Family Services shall transfer,	85170
through intrastate transfer vouchers, cash from State Special	85171
Revenue Fund 4K1, ICF/MR Bed Assessments, to fund 4K8, Home and	85172
Community-Based Services, in the Ohio Department of Mental	85173
Retardation and Developmental Disabilities. The sum of the	85174
transfers shall equal $12,000,000 in fiscal year 2004 and	85175
$12,000,000 in fiscal year 2005. The transfer may occur on a	85176
quarterly basis or on a schedule developed and agreed to by both	85177
departments.	85178

The Department of Job and Family Services shall transfer,	85179
through intrastate transfer vouchers, cash from the State Special	85180
Revenue Fund 4J5, Home and Community-Based Services for the Aged,	85181
to Fund 4J4, PASSPORT, in the Department of Aging. The sum of the	85182
transfers shall be $33,268,052 in fiscal year 2004 and $33,263,984	85183
in fiscal year 2005. The transfer may occur on a quarterly basis	85184
or on a schedule developed and agreed to by both departments.	85185

TRANSFERS OF IMD/DSH CASH

85186

The Department of Job and Family Services shall transfer,	85187
through intrastate transfer voucher, cash from fund 5C9, Medicaid	85188
Program Support, to the Department of Mental Health's Fund 4X5,	85189
OhioCare, in accordance with an interagency agreement which	85190
delegates authority from the Department of Job and Family Services	85191
to the Department of Mental Health to administer specified	85192
Medicaid services.	85193

Section 58.11. EMPLOYER SURCHARGE

85194

The surcharge and the interest on the surcharge amounts due	85195
for calendar years 1988, 1989, and 1990 as required by Am. Sub.	85196
H.B. 171 of the 117th General Assembly, Am. Sub. H.B. 111 of the	85197
118th General Assembly, and section 4141.251 of the Revised Code	85198
as it existed prior to Sub. H.B. 478 of the 122nd General	85199
Assembly, again shall be assessed and collected by, accounted for,	85200
and made available to the Department of Job and Family Services in	85201
the same manner as set forth in section 4141.251 of the Revised	85202
Code as it existed prior to Sub. H.B. 478 of the 122nd General	85203
Assembly, notwithstanding the repeal of the surcharge for calendar	85204
years after 1990, pursuant to Sub. H.B. 478 of the 122nd General	85205
Assembly, except that amounts received by the Director on or after	85206
July 1, 2001, shall be deposited into the special administrative	85207
fund established pursuant to section 4141.11 of the Revised Code.	85208

Section 58.12. FUNDING FOR HABILITATIVE SERVICES

85209

Notwithstanding any limitations contained in sections 5112.31	85210
and 5112.37 of the Revised Code, in each fiscal year, cash from	85211
State Special Revenue Fund 4K1, ICF/MR Bed Assessments, in excess	85212
of the amounts needed for transfers to Fund 4K8 may be used by the	85213
Department of Job and Family Services to cover costs of care	85214
provided to participants in a waiver with an ICF/MR level of care	85215
requirement administered by the Department of Job and Family	85216
Services.	85217

Section 58.13. FUNDING FOR INSTITUTIONAL FACILITY AUDITS AND	85218
THE OHIO ACCESS SUCCESS PROJECT	85219

Notwithstanding any limitations in sections 3721.51 and	85220
3721.56 of the Revised Code, in each fiscal year, cash from the	85221
State Special Revenue Fund 4J5, Home and Community-Based Services	85222
for the Aged, in excess of the amounts needed for the transfers	85223
may be used by the Department of Job and Family Services for the	85224
following purposes: (A) up to $1.0 million in each fiscal year to	85225
fund the state share of audits of Medicaid cost reports filed with	85226
the Department of Job and Family Services by nursing facilities	85227
and intermediate care facilities for the mentally retarded; and	85228
(B) up to $350,000 in fiscal year 2004 and up to $350,000 in	85229
fiscal year 2005 to provide one-time transitional benefits under	85230
the Ohio Access Success Project that the Director of Job and	85231
Family Services may establish under section 5111.206 of the	85232
Revised Code.	85233

Section 58.14. REFUND OF SETS PENALTY

85234

The Department of Job and Family Services shall deposit any	85235
refunds for penalties that were paid directly or indirectly by the	85236
state for the Support Enforcement Tracking System (SETS) to Fund	85237
3V6, TANF Block Grant.	85238

Section 58.15. PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY

85239

The Director of Job and Family Services may submit to the	85240
United States Secretary of Health and Human Services a request to	85241
transfer the day-to-day administration of the Program of	85242
All-Inclusive Care for the Elderly, known as PACE, in accordance	85243
with 42 U.S.C. 1396u-4, to the Department of Aging. If the United	85244
States Secretary approves the transfer, the Directors of Job and	85245
Family Services and Aging may enter into an interagency agreement	85246
under section 5111.86 of the Revised Code to transfer	85247
responsibility for the day-to-day administration of PACE from the	85248
Department of Job and Family Services to the Department of Aging.	85249
The interagency agreement is subject to the approval of the	85250
Director of Budget and Management and shall include an estimated	85251
cost of services to be provided under PACE and an estimated cost	85252
for the administrative duties assigned by the agreement to the	85253
Department of Aging.	85254

If the Directors of Job and Family Services and Aging enter	85255
into the interagency agreement, the Director of Budget and	85256
Management shall reduce the amount in appropriation item 600-525,	85257
Health Care/Medicaid, by the estimated costs of PACE. If the	85258
Director of Budget and Management makes the reduction, the state	85259
and federal share of the estimated costs of PACE services and	85260
administration is hereby appropriated to the Department of Aging.	85261
The Director of Budget and Management shall establish a new	85262
appropriation item for the appropriation.	85263

Section 58.18. APPROPRIATIONS FROM FUND 3V0

85264

Upon the request of the Department of Job and Family	85265
Services, the Director of Budget and Management may increase	85266
appropriations in either appropriation item 600-662, WIA Ohio	85267
Option #7, Fund 3V0 or in appropriation item 600-688, Workforce	85268
Investment Act, Fund 3V0, with a corresponding decrease in the	85269
other appropriation item supported by Fund 3V0 to allow counties	85270
that administer the Workforce Investment Act as a conventional	85271
county to administer the Act as an Ohio Option county or to allow	85272
counties that administer the Workforce Investment Act as an Ohio	85273
Option county to administer the Act as a conventional county.	85274

JOBS FOR OHIO GRADUATES PROGRAM

85275

Pursuant to an interagency agreement entered into between the	85276
Department of Job and Family Services and the Department of	85277
Education, $1,750,000 from Workforce Investment Act funds (Fund	85278
3V0), reserved for statewide workforce investment activities, in	85279
fiscal year 2004 and fiscal year 2005, shall be used to support	85280
the Jobs for Ohio Graduates programs administered by the	85281
Department of Education.	85282

Section 58.19.  FEDERAL UNEMPLOYMENT PROGRAMS

85283

There is hereby appropriated out of funds made available to	85284
the state under section 903(d) of the Social Security Act, as	85285
amended, $53,700,000 for fiscal year 2004 and $47,300,000 for	85286
fiscal year 2005. Upon the request of the Director of Job and	85287
Family Services, the Director of Budget and Management shall	85288
increase the appropriation for fiscal year 2004 by the amount	85289
remaining unspent from the fiscal year 2003 appropriation and	85290
shall increase the appropriation for fiscal year 2005 by the	85291
amount remaining unspent from the fiscal year 2004 appropriation.	85292
The appropriation is to be used under the direction of the	85293
Department of Job and Family Services to pay for administrative	85294
activities for the Unemployment Insurance Program, employment	85295
services, and other allowable expenditures under section 903(d) of	85296
the Social Security Act, as amended.	85297

The amounts obligated pursuant to this section shall not	85298
exceed at any time the amount by which the aggregate of the	85299
amounts transferred to the account of the state pursuant to	85300
section 903(d) of the Social Security Act, as amended, exceeds the	85301
aggregate of the amounts obligated for administration and paid out	85302
for benefits and required by law to be charged against the amounts	85303
transferred to the account of the state.	85304

Of the appropriation item 600-678, Federal Unemployment	85305
Programs, in Section 63 of Am. Sub. H.B. 94 of the 124th General	85306
Assembly, as amended, up to $18,000,000 in fiscal year 2004 and up	85307
to $18,000,000 in fiscal year 2005 shall be used by the Department	85308
of Job and Family Services to reimburse the General Revenue Fund,	85309
through state intrastate transfer vouchers, for expenses incurred	85310
on or after the effective date of this section from the General	85311
Revenue Fund for the aforementioned programs as reported to the	85312
federal government as allowable expenditures.	85313

Section 58.20. MEDICAID PAYMENT TO CHILDREN'S HOSPITALS

85314

As used in this section, "children's hospital" has the same	85315
meaning as in section 3702.51 of the Revised Code.	85316

For fiscal years 2004 and 2005, the Medicaid payment to	85317
children's hospitals shall include the adjustment for inflation	85318
provided for by paragraph (G) of rule 5101:3-2-074 of the	85319
Administrative Code as that paragraph existed on December 30,	85320
2002.	85321

The Department of Job and Family Services shall pay to each	85322
children's hospital participating in the Medicaid program an	85323
amount equal to the difference between (1) the amount the hospital	85324
would have been paid under rule 5101:3-2-074 of the Administrative	85325
Code for the period beginning January 1, 2003, and ending May 31,	85326
2003, if the amendment to paragraph (G) of that rule that went	85327
into effect on December 31, 2002, had not gone into effect and (2)	85328
the amount that the hospital was paid under that rule for that	85329
period.	85330

Section 58.20a. MEDICAID PAYMENTS FOR OUTPATIENT HOSPITAL	85331
SERVICES	85332

As used in this section, "hospital" does not include a	85333
children's hospital as defined in the section of this act titled	85334
MEDICAID PAYMENT TO CHILDREN'S HOSPITALS.	85335

The Department of Job and Family Services shall increase the	85336
total amount the Department pays all hospitals under the Medicaid	85337
Program for outpatient services provided during the period	85338
beginning July 1, 2003, and ending June 30, 2004, to the maximum	85339
extent possible using $9,811,136 from the foregoing appropriation	85340
item 600-525, Health Care/Medicaid. The Department of Job and	85341
Family Services shall also increase the total amount the	85342
Department pays all hospitals under the Medicaid Program for	85343
outpatient services provided during the period beginning July 1,	85344
2004, and ending June 30, 2005, to the maximum extent possible	85345
using $9,811,136 from the foregoing appropriation item 600-525,	85346
Health Care/Medicaid. The Department shall make the increase in	85347
accordance with an inflation adjustment factor for outpatient	85348
hospital services established in rules the Director of Job and	85349
Family Services shall adopt in accordance with Chapter 119. of the	85350
Revised Code.	85351

Section 58.21. CHILD CARE

85352

(A) Notwithstanding any other provision of law, the Director	85353
of Job and Family Services shall not reduce the initial and	85354
continued eligibility level for publicly funded child care below	85355
one hundred fifty per cent of the federal poverty line during	85356
fiscal years 2004 and 2005.	85357

(B) Notwithstanding division (B) of section 5104.39 of the	85358
Revised Code, the Director of Job and Family Services shall not,	85359
during fiscal years 2004 and 2005, disenroll publicly funded child	85360
care program participants who have incomes at or below 165 per	85361
cent of the federal poverty line and do not otherwise cease to	85362
qualify for the program, if one of the following applies:	85363

(1) The family enrolled in the program before June 9, 2003;

85364

(2) The family enrolled in the program when the family's	85365
income was at or below 150 per cent of the federal poverty line.	85366

Section 58.25. MEDICAID COVERAGE OF DENTAL SERVICES

85367

For fiscal years 2004 and 2005, the Medicaid program shall	85368
continue to cover dental services in at least the amount,	85369
duration, and scope that it does on the effective date of this	85370
section under rules governing Medicaid coverage of dental services	85371
adopted under section 5111.02 of the Revised Code.	85372

Section 58.28. WELFARE DIVERSION PROGRAMS

85373

Of the foregoing appropriation item 600-521, Family Stability	85374
Subsidy, prior to county distribution, $1,250,000 in each fiscal	85375
year shall be used to support specific welfare diversion programs.	85376
In each fiscal year, Accountability and Credibility Together (ACT)	85377
shall receive $1,000,000 of the $1,250,000 to continue its welfare	85378
diversion program. In each fiscal year, $250,000 of the $1,250,000	85379
shall be used to establish a welfare diversion demonstration	85380
project in Butler County. The demonstration project shall be	85381
administered by the Butler County United Way.	85382

Section 58.29. OHIO COMMISSION TO REFORM MEDICAID

85383

There is hereby established the Ohio Commission to Reform	85384
Medicaid, which shall consist of nine members: three appointed by	85385
the Governor, three by the Speaker of the House of	85386
Representatives, and three by the President of the Senate.	85387
Appointments shall be made not later than ninety days after the	85388
effective date of this section. All members shall serve at the	85389
pleasure of the appointing authority. Members shall serve without	85390
compensation. Vacancies shall be filled in the manner of original	85391
appointments.	85392

The Commission shall conduct a complete review of the state	85393
Medicaid program and shall make recommendations for comprehensive	85394
reform and cost containment. The Commission shall submit a report	85395
of its findings and recommendations to the Governor, Speaker, and	85396
Senate President not later than January 1, 2005.	85397

The Commission may hire a staff director and additional	85398
employees to provide technical support.	85399

The Director of Job and Family Services shall, on behalf of	85400
the Commission, seek federal financial participation for the	85401
administrative costs of the Commission.	85402

Section 58.30.  Of the foregoing appropriation item 600-416,	85403
Computer Projects, $500,000 in each fiscal year shall be used by	85404
the Department of Job and Family Services for costs associated	85405
with staff, purchased services, equipment, and maintenance of the	85406
Statewide Automated Child Welfare Information System (SACWIS).	85407
These earmarked dollars are intended to supplement appropriations	85408
in appropriation item 600-423, Office of Children and Families,	85409
that are used for SACWIS. These earmarked dollars shall be in	85410
addition to any other amounts that the Department plans to spend	85411
on SACWIS. The Department shall plan its spending on SACWIS from	85412
appropriation item 600-416, Computer Projects, without regard to	85413
this earmark.	85414

Section 58.31. MEDICAID REIMBURSEMENT RATES FOR NURSING	85415
FACILITIES	85416

(A) As used in this section:

85417

(1) "Change of operator," "entering operator," and "exiting	85418
operator," have the same meaning as in section 5111.65 of the	85419
Revised Code.	85420

(2) "Medicaid day" means all days during which a resident who	85421
is a Medicaid recipient occupies a bed in a nursing facility that	85422
is included in the facility's certified capacity under Title XIX	85423
of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396,	85424
as amended. Therapeutic or hospital leave days for which payment	85425
would be made under section 5111.33 of the Revised Code if not for	85426
this section are considered Medicaid days proportionate to the	85427
percentage of the nursing facility's per resident per day rate	85428
paid for those days.	85429

(3) "Nursing facility" means a facility, or a distinct part	85430
of a facility, that is certified as a nursing facility by the	85431
Director of Health in accordance with Title XIX of the "Social	85432
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended,	85433
participates in the Medicaid program established under Chapter	85434
5111. of the Revised Code, and is not an intermediate care	85435
facility for the mentally retarded as defined in section 5111.20	85436
of the Revised Code. "Nursing facility" includes a facility, or a	85437
distinct part of a facility, that is certified as a nursing	85438
facility by the Director of Health in accordance with Title XIX of	85439
the "Social Security Act," is certified as a skilled nursing	85440
facility by the Director in accordance with Title XVIII of the	85441
"Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as	85442
amended, and participates in the Medicaid program established	85443
under Chapter 5111. of the Revised Code.	85444

(4) "Provider" and "provider agreement" have the same meaning	85445
as in section 5111.20 of the Revised Code.	85446

(B) Notwithstanding Chapter 5111. of the Revised Code or any	85447
other state law to the contrary and subject to division (F) of	85448
this section, the Medicaid reimbursement rate for nursing facility	85449
services provided to a Medicaid recipient during the period	85450
beginning July 1, 2003, and ending June 30, 2004, shall be as	85451
follows:	85452

(1) If the provider has a valid provider agreement regarding	85453
the nursing facility on June 30, 2003, the provider's rate for the	85454
nursing facility shall be the same as the provider's rate for the	85455
nursing facility in effect on June 30, 2003, increased in	85456
accordance with division (C) of this section;	85457

(2) If the nursing facility undergoes a change of operator on	85458
July 1, 2003, the entering operator's rate for the nursing	85459
facility shall be the same as the exiting operator's rate for the	85460
nursing facility that is in effect on June 30, 2003, increased in	85461
accordance with division (C) of this section;	85462

(3) If the nursing facility undergoes a change of operator	85463
after July 1, 2003, and before July 1, 2004, the entering	85464
operator's rate for the nursing facility shall be the same as the	85465
exiting operator's rate for the nursing facility that is in effect	85466
on the day before the effective date of the entering operator's	85467
provider agreement;	85468

(4) If the nursing facility both obtains initial	85469
certification as a nursing facility from the Director of Health	85470
and begins participation in the Medicaid program after June 30,	85471
2003, the provider's rate for the nursing facility shall be the	85472
median of all rates paid to nursing facilities on July 1, 2003;	85473

(5) If one or more Medicaid certified beds are added to the	85474
nursing facility on July 1, 2003, the provider's rate for the	85475
added beds shall be the same as the provider's rate that is in	85476
effect on June 30, 2003, for the Medicaid certified beds that are	85477
in the nursing facility on June 30, 2003, increased in accordance	85478
with division (C) of this section;	85479

(6) If one or more Medicaid certified beds are added to the	85480
nursing facility after July 1, 2003, and before July 1, 2004, the	85481
provider's rate for the added beds shall be the same as the	85482
provider's rate for the Medicaid certified beds that are in the	85483
nursing facility on the day before the new beds are added.	85484

(C) For the purpose of divisions (B)(1), (2), and (5) of this	85485
section and in accordance with rules the Director of Job and	85486
Family Services shall adopt in accordance with Chapter 119. of the	85487
Revised Code, the Department of Job and Family Services shall	85488
increase the Medicaid reimbursement rate for nursing facility	85489
services provided to a Medicaid recipient during the period	85490
beginning July 1, 2003, and ending June 30, 2004, as follows:	85491

(1) To the maximum extent possible using $16,489,281 from the	85492
foregoing appropriation item 600-525, Health Care/Medicaid.	85493

(2) By forty-five cents per Medicaid day using $11,763,298	85494
from the foregoing appropriation item 600-608, Medicaid-Nursing	85495
Facilities, and $16,809,201 from the foregoing appropriation item	85496
600-623, Health Care Federal;	85497

(3) To the maximum extent possible using the funds specified	85498
in division (C)(2) of this section that remain after the increase	85499
is made under that division.	85500

(D) Notwithstanding Chapter 5111. of the Revised Code or any	85501
other state law to the contrary and subject to division (F) of	85502
this section, the Medicaid reimbursement rate for nursing facility	85503
services provided to a Medicaid recipient during the period	85504
beginning July 1, 2004, and ending June 30, 2005, shall be as	85505
follows:	85506

(1) If the provider has a valid provider agreement regarding	85507
the nursing facility on June 30, 2004, the provider's rate for the	85508
nursing facility shall be the same as the provider's rate for the	85509
nursing facility in effect on June 30, 2004, increased in	85510
accordance with division (E) of this section;	85511

(2) If the nursing facility undergoes a change of operator on	85512
July 1, 2004, the entering operator's rate for the nursing	85513
facility shall be the same as the exiting operator's rate for the	85514
nursing facility that is in effect on June 30, 2004, increased in	85515
accordance with division (E) of this section;	85516

(3) If the nursing facility undergoes a change of operator	85517
after July 1, 2004, the entering operator's rate for the nursing	85518
facility shall be the same as the exiting operator's rate for the	85519
nursing facility that is in effect on the day before the effective	85520
date of the entering operator's provider agreement;	85521

(4) If the nursing facility both obtains initial	85522
certification as a nursing facility from the Director of Health	85523
and begins participation in the Medicaid program after June 30,	85524
2004, the provider's rate for the nursing facility shall be the	85525
median of all rates paid to nursing facilities on July 1, 2004;	85526

(5) If one or more Medicaid certified beds are added to the	85527
nursing facility on July 1, 2004, the provider's rate for the	85528
added beds shall be the same as the provider's rate that is in	85529
effect on June 30, 2004, for the Medicaid certified beds that are	85530
in the nursing facility on June 30, 2004, increased in accordance	85531
with division (E) of this section;	85532

(6) If one or more Medicaid certified beds are added to the	85533
nursing facility after July 1, 2004, the provider's rate for the	85534
added beds shall be the same as the provider's rate for the	85535
Medicaid certified beds that are in the nursing facility on the	85536
day before the new beds are added.	85537

(E) For the purpose of divisions (D)(1), (2), and (5) of this	85538
section and in accordance with rules the Director of Job and	85539
Family Services shall adopt in accordance with Chapter 119. of the	85540
Revised Code, the Department of Job and Family Services shall	85541
increase the Medicaid reimbursement rate for nursing facility	85542
services provided to a Medicaid recipient during the period	85543
beginning July 1, 2004, and ending June 30, 2005, as follows:	85544

(1) To the maximum extent possible using $93,591,290 from the	85545
foregoing appropriation item 600-525, Health Care/Medicaid.	85546

(2) By twenty cents per Medicaid day using $20,912,529 from	85547
the foregoing appropriation item 600-608, Medicaid-Nursing	85548
Facilities, and $29,883,024 from the foregoing appropriation item	85549
600-623, Health Care Federal;	85550

(3) To the maximum extent possible using the funds specified	85551
in division (E)(2) of this section that remain after the increase	85552
is made under that division.	85553

(F) A nursing facility's reimbursement rate for services	85554
provided to a Medicaid recipient during any part of the period	85555
beginning July 1, 2003, and ending June 30, 2005, shall be	85556
adjusted to reflect each audit adjustment made to each cost report	85557
used to establish the June 30, 2003, rate on which the nursing	85558
facility's reimbursement rate for services provided during any	85559
part of the period beginning July 1, 2003, and ending June 30,	85560
2005, is based. This division does not affect a nursing facility's	85561
reimbursement rate determined under division (B)(4) or (D)(4) of	85562
this section.	85563

Section 58.32. MEDICAID REIMBURSEMENT RATES FOR ICFs/MR

85564

(A) As used in this section:

85565

(1) "Change of operator," "entering operator," and "exiting	85566
operator" have the same meaning as in section 5111.65 of the	85567
Revised Code.	85568

(2) "Intermediate care facility for the mentally retarded"	85569
means an intermediate care facility for the mentally retarded	85570
certified as in compliance with applicable standards for the	85571
Medicaid program by the Director of Health in accordance with	85572
Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42	85573
U.S.C. 1396, as amended, and participates in the Medicaid program	85574
established under Chapter 5111. of the Revised Code, except that	85575
it does not include an intermediate care facility for the mentally	85576
retarded that is operated by the Department of Mental Retardation	85577
and Developmental Disabilities and has its Medicaid reimbursement	85578
rate computed in accordance with section 5111.291 of the Revised	85579
Code.	85580

(3) "Medicaid day" means all days during which a resident who	85581
is a Medicaid recipient occupies a bed in an intermediate care	85582
facility for the mentally retarded that is included in the	85583
facility's certified capacity under Title XIX of the "Social	85584
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	85585
Therapeutic or hospital leave days for which payment would be made	85586
under section 5111.33 of the Revised Code if not for this section	85587
are considered Medicaid days proportionate to the percentage of	85588
the intermediate care facility for the mentally retarded's per	85589
resident per day rate paid for those days.	85590

(4) "Provider" and "provider agreement" have the same meaning	85591
as in section 5111.20 of the Revised Code.	85592

(B) Notwithstanding Chapter 5111. of the Revised Code or any	85593
other state law to the contrary and subject to division (F) of	85594
this section, the Medicaid reimbursement rate for intermediate	85595
care facility services for the mentally retarded provided to a	85596
Medicaid recipient during the period beginning July 1, 2003, and	85597
ending June 30, 2004, shall be as follows:	85598

(1) If the provider has a valid provider agreement regarding	85599
the intermediate care facility for the mentally retarded on June	85600
30, 2003, the provider's rate for the facility shall be the same	85601
as the provider's rate for the facility in effect on June 30,	85602
2003, increased in accordance with division (C) of this section;	85603

(2) If the intermediate care facility for the mentally	85604
retarded undergoes a change of operator on July 1, 2003, the	85605
entering operator's rate for the facility shall be the same as the	85606
exiting operator's rate for the facility that is in effect on June	85607
30, 2003, increased in accordance with division (C) of this	85608
section;	85609

(3) If the intermediate care facility for the mentally	85610
retarded undergoes a change of operator after July 1, 2003, and	85611
before July 1, 2004, the entering operator's rate for the facility	85612
shall be the same as the exiting operator's rate for the facility	85613
that is in effect on the day before the effective date of the	85614
entering operator's provider agreement;	85615

(4) If the intermediate care facility for the mentally	85616
retarded both obtains initial certification as an intermediate	85617
care facility for the mentally retarded from the Director of	85618
Health and begins participation in the Medicaid program after June	85619
30, 2003, the provider's rate for the facility shall be the median	85620
of all rates paid to intermediate care facilities for the mentally	85621
retarded on July 1, 2003;	85622

(5) If one or more Medicaid certified beds are added to the	85623
intermediate care facility for the mentally retarded on July 1,	85624
2003, the provider's rate for the added beds shall be the same as	85625
the provider's rate that is in effect on June 30, 2003, for the	85626
Medicaid certified beds that are in the facility on June 30, 2003,	85627
increased in accordance with division (C) of this section;	85628

(6) If one or more Medicaid certified beds are added to the	85629
intermediate care facility for the mentally retarded after July 1,	85630
2003, and before July 1, 2004, the provider's rate for the added	85631
beds shall be the same as the provider's rate for the Medicaid	85632
certified beds that are in facility on the day before the new beds	85633
are added.	85634

(C) For the purpose of divisions (B)(1), (2), and (5) of this	85635
section and in accordance with rules the Director of Job and	85636
Family Services shall adopt in accordance with Chapter 119. of the	85637
Revised Code, the Department of Job and Family Services shall	85638
increase the Medicaid reimbursement rate for intermediate care	85639
facility services for the mentally retarded provided to a Medicaid	85640
recipient during the period beginning July 1, 2003, and ending	85641
June 30, 2004, to the maximum extent possible using $2,516,128	85642
from the foregoing appropriation item 600-525, Health	85643
Care/Medicaid. However, no intermediate care facility for the	85644
mentally retarded's Medicaid reimbursement rate for that period	85645
shall exceed one hundred two per cent of its rate on June 30,	85646
2003.	85647

(D) Notwithstanding Chapter 5111. of the Revised Code or any	85648
other state law to the contrary and subject to division (F) of	85649
this section, the Medicaid reimbursement rate for intermediate	85650
care facility services for the mentally retarded provided to a	85651
Medicaid recipient during the period beginning July 1, 2004, and	85652
ending June 30, 2005, shall be as follows:	85653

(1) If the provider has a valid provider agreement regarding	85654
the intermediate care facility for the mentally retarded on June	85655
30, 2004, the provider's rate for the facility shall be the same	85656
as the provider's rate for the facility in effect on June 30,	85657
2004, increased in accordance with division (E) of this section;	85658

(2) If the intermediate care facility for the mentally	85659
retarded undergoes a change of operator on July 1, 2004, the	85660
entering operator's rate for the facility shall be the same as the	85661
exiting operator's rate for the facility that is in effect on June	85662
30, 2004, increased in accordance with division (E) of this	85663
section;	85664

(3) If the intermediate care facility for the mentally	85665
retarded undergoes a change of operator after July 1, 2004, the	85666
entering operator's rate for the facility shall be the same as the	85667
exiting operator's rate for the facility that is in effect on the	85668
day before the effective date of the entering operator's provider	85669
agreement;	85670

(4) If the intermediate care facility for the mentally	85671
retarded both obtains initial certification as an intermediate	85672
care facility for the mentally retarded from the Director of	85673
Health and begins participation in the Medicaid program after June	85674
30, 2004, the provider's rate for the facility shall be the median	85675
of all rates paid to intermediate care facilities for the mentally	85676
retarded on July 1, 2004;	85677

(5) If one or more Medicaid certified beds are added to the	85678
intermediate care facility for the mentally retarded on July 1,	85679
2004, the provider's rate for the added beds shall be the same as	85680
the provider's rate that is in effect on June 30, 2004, for the	85681
Medicaid certified beds that are in the facility on June 30, 2004,	85682
increased in accordance with division (E) of this section;	85683

(6) If one or more Medicaid certified beds are added to the	85684
intermediate care facility for the mentally retarded after July 1,	85685
2004, the provider's rate for the added beds shall be the same as	85686
the provider's rate for the Medicaid certified beds that are in	85687
facility on the day before the new beds are added.	85688

(E) For the purpose of divisions (D)(1), (2), and (5) of this	85689
section and in accordance with rules the Director of Job and	85690
Family Services shall adopt in accordance with Chapter 119. of the	85691
Revised Code, the Department of Job and Family Services shall	85692
increase the Medicaid reimbursement rate for intermediate care	85693
facility services for the mentally retarded provided to a Medicaid	85694
recipient during the period beginning July 1, 2004, and ending	85695
June 30, 2005, to the maximum extent possible using $11,153,895	85696
from the foregoing appropriation item 600-525, Health	85697
Care/Medicaid. However, no intermediate care facility for the	85698
mentally retarded's Medicaid reimbursement rate for that period	85699
shall exceed one hundred two per cent of its rate on June 30,	85700
2004.	85701

(F) The reimbursement rate of an intermediate care facility	85702
for the mentally retarded for services provided to a Medicaid	85703
recipient during any part of the period beginning July 1, 2003,	85704
and ending June 30, 2005, shall be adjusted to reflect each audit	85705
adjustment made to each cost report used to establish the June 30,	85706
2003, rate on which the facility's reimbursement rate for services	85707
provided during any part of the period beginning July 1, 2003, and	85708
ending June 30, 2005, is based. This division does not affect the	85709
reimbursement rate of an intermediate care facility for the	85710
mentally retarded determined under division (B)(4) or (D)(4) of	85711
this section.	85712

Section 58.33. DISABILITY ASSISTANCE TRANSITION

85713

(A) Subject to the provisions of Chapter 5115. of the Revised	85714
Code, as amended, enacted, and repealed by this act, the	85715
Disability Financial Assistance Program constitutes a continuation	85716
of the financial assistance component of the Disability Assistance	85717
Program established under Chapter 5115. of the Revised Code, as it	85718
existed prior to the effective date of this section, and the	85719
Disability Medical Assistance Program constitutes a continuation	85720
of the medical assistance component of the Disability Assistance	85721
Program.	85722

Any business commenced but not completed on behalf of the	85723
Disability Assistance Program shall be completed in the same	85724
manner, and with the same effect, on behalf of the Disability	85725
Financial Assistance Program and the Disability Medical Assistance	85726
Program.	85727

Except as provided in divisions (B) and (C) of this section,	85728
all rules, orders, and determinations regarding the Disability	85729
Assistance Program continue in effect as rules, orders, and	85730
determinations regarding the Disability Financial Assistance	85731
Program and the Disability Medical Assistance Program, until	85732
modified or rescinded.	85733

Wherever the Disability Assistance Program is referred to in	85734
any law, contract, or other document, the reference shall be	85735
deemed to refer to the Disability Financial Assistance Program or	85736
the Disability Medical Assistance Program, whichever is	85737
appropriate.	85738

(B) Notwithstanding any determination through administrative	85739
or judicial order or otherwise, a person who was receiving	85740
financial assistance under the Disability Assistance Program prior	85741
to the effective date of this section ceases to be eligible for	85742
continued financial assistance under the Disability Financial	85743
Assistance Program on the effective date of this section, unless	85744
one of the following is the case:	85745

(1) The person was receiving the assistance on the basis of	85746
being age 60 or older or on the basis of being unable to do any	85747
substantial or gainful activity by reason of a medically	85748
determinable physical or mental impairment that can be expected to	85749
result in death or has lasted or can be expected to last for not	85750
less than nine months.	85751

(2) The person was receiving the assistance by meeting other	85752
eligibility requirements but applies for Disability Financial	85753
Assistance pursuant to section 5115.05 of the Revised Code, as	85754
amended by this act, and receives a determination of eligibility	85755
by meeting the requirements specified in section 5115.01 of the	85756
Revised Code, as amended by this act.	85757

(C) Notwithstanding the provisions of section 5115.10 of the	85758
Revised Code, as amended by this act, that limit eligibility for	85759
disability medical assistance to persons determined to be	85760
medication dependent, both of the following apply:	85761

(1) The Director of Job and Family Services may adopt rules	85762
in accordance with section 111.15 of the Revised Code providing	85763
for and governing temporary provision of disability medical	85764
assistance to persons who were recipients of medical assistance	85765
under the Disability Assistance Program prior to the effective	85766
date of this section.	85767

(2) A person's eligibility for disability medical assistance	85768
may continue pursuant to the rules adopted under division (C)(1)	85769
of this section until the state or county department of job and	85770
family services conducts a redetermination of the person's	85771
eligibility in accordance with the requirement that recipients be	85772
medication dependent, unless the person otherwise becomes	85773
ineligible for disability medical assistance.	85774

Section 58.34. Of the foregoing appropriation item 600-689,	85775
TANF Block Grant, $57,170,000 in fiscal year 2004 shall be used	85776
for the Head Start Program pursuant to an interagency agreement	85777
entered into by Department of Job and Family Services and the	85778
Department of Education under division (A)(2) of section 5101.801	85779
of the Revised Code. Of that amount, $5,000,000 shall be used to	85780
increase the number of Head Start slots in fiscal year 2004.	85781

Of the foregoing appropriation item 600-689, TANF Block	85782
Grant, $110,184,000 in fiscal year 2005 shall be used for the Head	85783
Start Plus Program pursuant to an interagency agreement entered	85784
into by Department of Job and Family Services and the Department	85785
of Education under division (A)(2) of section 5101.801 of the	85786
Revised Code. Of that amount, $5,000,000 shall be used to ensure	85787
that Head Start Plus provider payments are at least $8,500 per	85788
year in fiscal year 2005.	85789

Section 58.35. STUDY OF MEDICAID COVERAGE FOR BREAST AND	85790
CERVICAL CANCER TREATMENT	85791

(A) The Department of Job and Family Services shall conduct a	85792
study of the feasibility of expanding the Medicaid coverage	85793
provided under section 5111.0110 of the Revised Code pursuant to	85794
the "Breast and Cervical Cancer Prevention and Treatment Act of	85795
2000," 114 Stat. 1381, 42 U.S.C. 1396a, as amended. In particular,	85796
the Department shall study the extension of coverage to women who	85797
receive breast and cervical cancer screenings that are not	85798
directly paid for with federal funds obtained under Title XV of	85799
the "Public Health Service Act," 104 Stat. 409 (1990), 42 U.S.C.,	85800
as amended. The study of this extension shall include	85801
consideration of both of the following options, as specified by	85802
the federal Centers for Medicare and Medicaid Services:	85803

(1) Coverage of women who have been screened under a Title	85804
XV-funded Centers for Disease Control and Prevention Breast and	85805
Cervical Cancer Early Detection Program in which their particular	85806
clinical services were not paid for with Title XV funds, but the	85807
services were rendered by a provider or an entity funded at least	85808
in part with Title XV funds, and the services were within the	85809
scope of a grant, sub-grant, or contract under the breast and	85810
cervical cancer early detection program and the Title XV grantee	85811
has elected to include such screening activities by that provider	85812
or entity as screening activities pursuant to Title XV;	85813

(2) Coverage of women who have been screened by any other	85814
provider or entity and the Title XV grantee has elected to include	85815
screening activities by that provider or entity as screening	85816
activities pursuant to Title XV.	85817

(B) Not later than October 1, 2003, the Department shall	85818
complete its study and prepare a report of its findings and	85819
recommendations. The Department shall submit a copy of its report	85820
to the President of the Senate, Speaker of the House of	85821
Representatives, and Director of Budget and Management. Copies of	85822
the report shall be made available to the public on request.	85823

Section 58.36. Pursuant to 7 U.S.C. 2015(o)(4), the	85824
Department of Job and Family Services shall request that the	85825
United States Secretary of Agriculture waive the applicability of	85826
the work requirement of 7 U.S.C. 2015(o)(2) during fiscal years	85827
2004 and 2005 to food stamp benefit recipients who reside in a	85828
county of this state that the Department determines has had an	85829
unemployment rate of over 10 per cent for each of the four months	85830
before the month in which the waiver is in effect for the county.	85831
The Department shall make monthly determinations of which counties	85832
the waiver shall be in effect in. No individual may be exempted	85833
from the work requirements for more than a total of nine months	85834
beginning July 1, 2003, and ending June 30, 2005.	85835

The Department shall report to the Speaker and Minority	85836
Leader of the House of Representatives and President and Minority	85837
Leader of the Senate on receipt or rejection of the waiver sought	85838
under this section.	85839

Section 59.  JCO JUDICIAL CONFERENCE OF OHIO

85840

General Revenue Fund

85841

General Services Fund Group

85844

STATE COUNCIL OF UNIFORM STATE LAWS

85848

Notwithstanding section 105.26 of the Revised Code, of the	85849
foregoing appropriation item 018-321, Operating Expenses, up to	85850
$63,000 in fiscal year 2004 and up to $66,000 in fiscal year 2005	85851
may be used to pay the expenses of the State Council of Uniform	85852
State Laws, including membership dues to the National Conference	85853
of Commissioners on Uniform State Laws.	85854

OHIO JURY INSTRUCTIONS FUND

85855

The Ohio Jury Instructions Fund (Fund 403) shall consist of	85856
grants, royalties, dues, conference fees, bequests, devises, and	85857
other gifts received for the purpose of supporting costs incurred	85858
by the Judicial Conference of Ohio in dispensing educational and	85859
informational data to the state's judicial system. Fund 403 shall	85860
be used by the Judicial Conference of Ohio to pay expenses	85861
incurred in dispensing educational and informational data to the	85862
state's judicial system. All moneys accruing to Fund 403 in excess	85863
of $200,000 in fiscal year 2004 and in excess of $200,000 in	85864
fiscal year 2005 are hereby appropriated for the purposes	85865
authorized.	85866

No money in the Ohio Jury Instructions Fund shall be	85867
transferred to any other fund by the Director of Budget and	85868
Management or the Controlling Board.	85869

Section 60.  JSC THE JUDICIARY/SUPREME COURT

85870

General Revenue Fund

85871

General Services Fund Group

85876

Federal Special Revenue Fund Group

85879

State Special Revenue Fund Group

85882

LAW-RELATED EDUCATION

85889

The foregoing appropriation item 005-406, Law-Related	85890
Education, shall be distributed directly to the Ohio Center for	85891
Law-Related Education for the purposes of providing continuing	85892
citizenship education activities to primary and secondary	85893
students, expanding delinquency prevention programs, increasing	85894
activities for at-risk youth, and accessing additional public and	85895
private money for new programs.	85896

CONTINUING JUDICIAL EDUCATION

85897

The Continuing Judicial Education Fund (Fund 672) shall	85898
consist of fees paid by judges and court personnel for attending	85899
continuing education courses and other gifts and grants received	85900
for the purpose of continuing judicial education. The foregoing	85901
appropriation item 005-601, Continuing Judicial Education, shall	85902
be used to pay expenses for continuing education courses for	85903
judges and court personnel. If it is determined by the	85904
Administrative Director of the Supreme Court that additional	85905
appropriations are necessary, the amounts are hereby appropriated.	85906

No money in the Continuing Judicial Education Fund shall be	85907
transferred to any other fund by the Director of Budget and	85908
Management or the Controlling Board. Interest earned on moneys in	85909
the Continuing Judicial Education Fund shall be credited to the	85910
fund.	85911

FEDERAL GRANTS

85912

The Federal Grants Fund (Fund 3J0) shall consist of grants	85913
and other moneys awarded to the Supreme Court (The Judiciary) by	85914
the United States Government or other entities that receive the	85915
moneys directly from the United States Government and distribute	85916
those moneys to the Supreme Court (The Judiciary). The foregoing	85917
appropriation item 005-603, Federal Grants, shall be used in a	85918
manner consistent with the purpose of the grant or award. If it is	85919
determined by the Administrative Director of the Supreme Court	85920
that additional appropriations are necessary, the amounts are	85921
hereby appropriated.	85922

No money in the Federal Grants Fund shall be transferred to	85923
any other fund by the Director of Budget and Management or the	85924
Controlling Board. However, interest earned on moneys in the	85925
Federal Grants Fund shall be credited or transferred to the	85926
General Revenue Fund.	85927

ATTORNEY REGISTRATION

85928

In addition to funding other activities considered	85929
appropriate by the Supreme Court, the foregoing appropriation item	85930
005-605, Attorney Registration, may be used to compensate	85931
employees and fund the appropriate activities of the following	85932
offices established by the Supreme Court pursuant to the Rules for	85933
the Government of the Bar of Ohio: the Office of Disciplinary	85934
Counsel, the Board of Commissioners on Grievances and Discipline,	85935
the Clients' Security Fund, the Board of Commissioners on the	85936
Unauthorized Practice of Law, and the Office of Attorney	85937
Registration. If it is determined by the Administrative Director	85938
of the Supreme Court that additional appropriations are necessary,	85939
the amounts are hereby appropriated.	85940

No moneys in the Attorney Registration Fund shall be	85941
transferred to any other fund by the Director of Budget and	85942
Management or the Controlling Board. Interest earned on moneys in	85943
the Attorney Registration Fund shall be credited to the fund.	85944

GRANTS AND AWARDS

85945

The Grants and Awards Fund (Fund 5T8) shall consist of grants	85946
and other moneys awarded to the Supreme Court (The Judiciary) by	85947
the State Justice Institute, the Office of Criminal Justice	85948
Services, or other entities. The foregoing appropriation item	85949
005-609, Grants and Awards, shall be used in a manner consistent	85950
with the purpose of the grant or award. If it is determined by the	85951
Administrative Director of the Supreme Court that additional	85952
appropriations are necessary, the amounts are hereby appropriated.	85953

No moneys in the Grants and Awards Fund shall be transferred	85954
to any other fund by the Director of Budget and Management or the	85955
Controlling Board. However, interest earned on moneys in the	85956
Grants and Awards Fund shall be credited or transferred to the	85957
General Revenue Fund.	85958

SUPREME COURT ADMISSIONS

85959

The foregoing appropriation item 005-606, Supreme Court	85960
Admissions, shall be used to compensate Supreme Court employees	85961
who are primarily responsible for administering the attorney	85962
admissions program, pursuant to the Rules for the Government of	85963
the Bar of Ohio, and to fund any other activities considered	85964
appropriate by the court. Moneys shall be deposited into the	85965
Supreme Court Admissions Fund (Fund 6A8) pursuant to the Supreme	85966
Court Rules for the Government of the Bar of Ohio. If it is	85967
determined by the Administrative Director of the Supreme Court	85968
that additional appropriations are necessary, the amounts are	85969
hereby appropriated.	85970

No moneys in the Supreme Court Admissions Fund shall be	85971
transferred to any other fund by the Director of Budget and	85972
Management or the Controlling Board. Interest earned on moneys in	85973
the Supreme Court Admissions Fund shall be credited to the fund.	85974

CONTINUING LEGAL EDUCATION

85975

The foregoing appropriation item 005-607, Commission on	85976
Continuing Legal Education, shall be used to compensate employees	85977
of the Commission on Continuing Legal Education, established	85978
pursuant to the Supreme Court Rules for the Government of the Bar	85979
of Ohio, and to fund other activities of the commission considered	85980
appropriate by the court. If it is determined by the	85981
Administrative Director of the Supreme Court that additional	85982
appropriations are necessary, the amounts are hereby appropriated.	85983

No moneys in the Continuing Legal Education Fund shall be	85984
transferred to any other fund by the Director of Budget and	85985
Management or the Controlling Board. Interest earned on moneys in	85986
the Continuing Legal Education Fund shall be credited to the fund.	85987

Section 61.  LEC LAKE ERIE COMMISSION

85988

State Special Revenue Fund Group

85989

CASH TRANSFER

85995

Not later than the thirtieth day of November of each fiscal	85996
year, the Executive Director of the Ohio Lake Erie Office, with	85997
the approval of the Lake Erie Commission, shall certify to the	85998
Director of Budget and Management the cash balance in the Lake	85999
Erie Resources Fund (Fund 5D8) in excess of amounts needed to meet	86000
operating expenses of the Lake Erie Office. The Ohio Lake Erie	86001
Office may request the Director of Budget and Management to	86002
transfer up to the certified amount from the Lake Erie Resources	86003
Fund (Fund 5D8) to the Lake Erie Protection Fund (Fund 4C0). The	86004
Director of Budget and Management may transfer the requested	86005
amount, or the Director may transfer a different amount up to the	86006
certified amount. Cash transferred shall be used for the purposes	86007
described in division (A) of section 1506.23 of the Revised Code.	86008
The amount transferred by the director is appropriated to the	86009
foregoing appropriation item 780-601, Lake Erie Protection Fund,	86010
which shall be increased by the amount transferred.	86011

Section 62.  LRS LEGAL RIGHTS SERVICE

86012

General Revenue Fund

86013

General Services Fund Group

86019

Federal Special Revenue Fund Group

86024

Section 63.  JLE JOINT LEGISLATIVE ETHICS COMMITTEE

86037

General Revenue Fund

86038

TRANSFER OF FUNDS TO GRF

86042

On July 1, 2003, or as soon thereafter as possible, the	86043
Director of Budget and Management shall transfer 50 per cent of	86044
the cash balance in the Joint Legislative Ethics Committee Fund	86045
(Fund 4G7) to the General Revenue Fund. On July 1, 2004, or as	86046
soon thereafter as possible, the Director of Budget and Management	86047
shall transfer all of the remaining cash balance in the Joint	86048
Legislative Ethics Committee Fund (Fund 4G7) to the General	86049
Revenue Fund.	86050

Section 64. LSC LEGISLATIVE SERVICE COMMISSION

86051

General Revenue Fund

86052

General Services Fund Group

86062

ATMS REPLACEMENT PROJECT

86068

Of the foregoing appropriation item 035-406, ATMS Replacement	86069
Project, any amounts not used for the ATMS project may be used to	86070
pay the operating expenses of the Legislative Service Commission.	86071

Section 65.  LIB STATE LIBRARY BOARD

86072

General Revenue Fund

86073

General Services Fund Group

86081

Federal Special Revenue Fund Group

86087

OHIOANA RENTAL PAYMENTS

86092

The foregoing appropriation item 350-401, Ohioana Rental	86093
Payments, shall be used to pay the rental expenses of the Martha	86094
Kinney Cooper Ohioana Library Association pursuant to section	86095
3375.61 of the Revised Code.	86096

CINCINNATI PUBLIC LIBRARY

86097

The foregoing appropriation item 350-501, Cincinnati Public	86098
Library, shall be used for the Talking Book program, which assists	86099
the blind and disabled.	86100

REGIONAL LIBRARY SYSTEMS

86101

The foregoing appropriation item 350-502, Regional Library	86102
Systems, shall be used to support regional library systems	86103
eligible for funding under section 3375.90 of the Revised Code.	86104

CLEVELAND PUBLIC LIBRARY

86105

The foregoing appropriation item 350-503, Cleveland Public	86106
Library, shall be used for the Talking Book program, which assists	86107
the blind and disabled.	86108

OHIO PUBLIC LIBRARY INFORMATION NETWORK

86109

The foregoing appropriation items 350-604, OPLIN Technology,	86110
and, in fiscal year 2005, 350-400, Ohio Public Library Information	86111
Network, shall be used for an information telecommunications	86112
network linking public libraries in the state and such others as	86113
may be certified as participants by the Ohio Public Library	86114
Information Network Board.	86115

The Ohio Public Library Information Network Board shall	86116
consist of eleven members appointed by the State Library Board	86117
from among the staff of public libraries and past and present	86118
members of boards of trustees of public libraries, based on the	86119
recommendations of the Ohio library community. The Ohio Public	86120
Library Information Network Board, in consultation with the State	86121
Library, shall develop a plan of operations for the network. The	86122
board may make decisions regarding use of the foregoing OPLIN	86123
appropriation items 350-604 and may receive and expend grants to	86124
carry out the operations of the network in accordance with state	86125
law and the authority to appoint and fix the compensation of a	86126
director and necessary staff. The State Library shall be the	86127
fiscal agent for the network and shall have fiscal accountability	86128
for the expenditure of funds. The Ohio Public Library Information	86129
Network Board members shall be reimbursed for actual travel and	86130
necessary expenses incurred in carrying out their	86131
responsibilities.	86132

In order to limit access to obscene and illegal materials	86133
through internet use at Ohio Public Library Information Network	86134
(OPLIN) terminals, local libraries with OPLIN computer terminals	86135
shall adopt policies that control access to obscene and illegal	86136
materials. These policies may include use of technological systems	86137
to select or block certain internet access. The OPLIN shall	86138
condition provision of its funds, goods, and services on	86139
compliance with these policies. The OPLIN Board shall also adopt	86140
and communicate specific recommendations to local libraries on	86141
methods to control such improper usage. These methods may include	86142
each library implementing a written policy controlling such	86143
improper use of library terminals and requirements for parental	86144
involvement or written authorization for juvenile internet usage.	86145

The OPLIN Board shall research and assist or advise local	86146
libraries with regard to emerging technologies and methods that	86147
may be effective means to control access to obscene and illegal	86148
materials. The OPLIN Executive Director shall biannually provide	86149
written reports to the Governor, the Speaker and Minority Leader	86150
of the House of Representatives, and the President and Minority	86151
Leader of the Senate on any steps being taken by OPLIN and public	86152
libraries in the state to limit and control such improper usage as	86153
well as information on technological, legal, and law enforcement	86154
trends nationally and internationally affecting this area of	86155
public access and service.	86156

The Ohio Public Library Information Network, InfOhio, and	86157
OhioLink shall, to the extent feasible, coordinate and cooperate	86158
in their purchase or other acquisition of the use of electronic	86159
databases for their respective users and shall contribute funds in	86160
an equitable manner to such effort.	86161

TRANSFER TO OPLIN TECHNOLOGY FUND

86162

Notwithstanding sections 5747.03 and 5747.47 of the Revised	86163
Code and any other provision of law to the contrary, in accordance	86164
with a schedule established by the Director of Budget and	86165
Management, the Director of Budget and Management shall transfer	86166
up to $5,000,000 in fiscal year 2004 from the Library and Local	86167
Government Support Fund (Fund 065) to the OPLIN Technology Fund	86168
(Fund 4S4).	86169

Section 66.  LCO LIQUOR CONTROL COMMISSION

86170

Liquor Control Fund Group

86171

COMPUTER EQUIPMENT

86175

Of the foregoing appropriation item 970-321, Operating	86176
Expenses, $27,700 in fiscal year 2004 and $4,500 in fiscal year	86177
2005 shall be used for computer equipment.	86178

Section 67.  LOT STATE LOTTERY COMMISSION

86179

State Lottery Fund Group

86180

OPERATING EXPENSES

86191

The Controlling Board may, at the request of the State	86192
Lottery Commission, authorize additional appropriations for	86193
operating expenses of the State Lottery Commission from the State	86194
Lottery Fund up to a maximum of 15 per cent of anticipated total	86195
revenue accruing from the sale of lottery tickets.	86196

PRIZES, BONUSES, AND COMMISSIONS

86197

Any amounts, in addition to the amounts appropriated in	86198
appropriation item 950-601, Prizes, Bonuses, and Commissions, that	86199
are determined by the Director of the State Lottery Commission to	86200
be necessary to fund prizes, bonuses, and commissions are hereby	86201
appropriated.	86202

ANNUITY PRIZES

86203

With the approval of the Office of Budget and Management, the	86204
State Lottery Commission shall transfer cash from the State	86205
Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund	86206
(Fund 871) in an amount sufficient to fund deferred prizes. The	86207
Treasurer of State, from time to time, shall credit the Deferred	86208
Prizes Trust Fund (Fund 871) the pro rata share of interest earned	86209
by the Treasurer of State on invested balances.	86210

Any amounts, in addition to the amounts appropriated in	86211
appropriation item 950-602, Annuity Prizes, that are determined by	86212
the Director of the State Lottery Commission to be necessary to	86213
fund deferred prizes and interest earnings are hereby	86214
appropriated.	86215

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND

86216

The Ohio Lottery Commission shall transfer an amount greater	86217
than or equal to $637,900,000 in fiscal year 2004 and $637,900,000	86218
in fiscal year 2005 to the Lottery Profits Education Fund.	86219
Transfers from the Commission to the Lottery Profits Education	86220
Fund shall represent the estimated net income from operations for	86221
the Commission in fiscal year 2004 or fiscal year 2005. Transfers	86222
by the Commission to the Lottery Profits Education Fund shall be	86223
administered in accordance with and pursuant to the Revised Code.	86224
The unencumbered and unallotted balances as of June 30, 2003, in	86225
the Unclaimed Prize Fund (Fund 872), are hereby transferred to the	86226
State Lottery Fund Group (Fund 044).	86227

Section 68.  MED STATE MEDICAL BOARD

86228

General Services Fund Group

86229

Section 69.  DMH DEPARTMENT OF MENTAL HEALTH

86235

Division of General Administration Intragovernmental Service Fund	86236
Group	86237

Division of Mental Health--

86241

Psychiatric Services to Correctional Facilities

86242

General Revenue Fund

86243

FORENSIC SERVICES

86247

The foregoing appropriation item 322-401, Forensic Services,	86248
shall be used to provide psychiatric services to courts of common	86249
pleas. The appropriation shall be allocated through community	86250
mental health boards to certified community agencies and shall be	86251
distributed according to the criteria delineated in rule	86252
5122:4-1-01 of the Administrative Code. These community forensic	86253
funds may also be used to provide forensic training to community	86254
mental health boards and to forensic psychiatry residency programs	86255
in hospitals operated by the Department of Mental Health and to	86256
provide evaluations of patients of forensic status in facilities	86257
operated by the Department of Mental Health prior to conditional	86258
release to the community.	86259

In addition, appropriation item 332-401, Forensic Services,	86260
may be used to support projects involving mental health, substance	86261
abuse, courts, and law enforcement to identify and develop	86262
appropriate alternative services to institutionalization for	86263
nonviolent mentally ill offenders, and to provide linkage to	86264
community services for severely mentally disabled offenders	86265
released from institutions operated by the Department of	86266
Rehabilitation and Correction. Funds may also be utilized to	86267
provide forensic monitoring and tracking in addition to community	86268
programs serving persons of forensic status on conditional release	86269
or probation.	86270

Division of Mental Health--

86271

Administration and Statewide Programs

86272

General Revenue Fund

86273

General Services Fund Group

86280

Federal Special Revenue Fund Group

86283

State Special Revenue Fund Group

86291

RESIDENCY TRAINEESHIP PROGRAMS

86298

The foregoing appropriation item 333-402, Resident Trainees,	86299
shall be used to fund training agreements entered into by the	86300
Department of Mental Health for the development of curricula and	86301
the provision of training programs to support public mental health	86302
services.	86303

PRE-ADMISSION SCREENING EXPENSES

86304

The foregoing appropriation item 333-403, Pre-Admission	86305
Screening Expenses, shall be used to pay for costs to ensure that	86306
uniform statewide methods for pre-admission screening are in place	86307
to perform assessments for persons in need of mental health	86308
services or for whom institutional placement in a hospital or in	86309
another inpatient facility is sought. Pre-admission screening	86310
includes the following activities: pre-admission assessment,	86311
consideration of continued stay requests, discharge planning and	86312
referral, and adjudication of appeals and grievance procedures.	86313

LEASE-RENTAL PAYMENTS

86314

The foregoing appropriation item 333-415, Lease-Rental	86315
Payments, shall be used to meet all payments at the times they are	86316
required to be made during the period from July 1, 2003, to June	86317
30, 2005, by the Department of Mental Health pursuant to leases	86318
and agreements made under section 154.20 of the Revised Code, but	86319
limited to the aggregate amount of $49,142,400. Nothing in this	86320
act shall be deemed to contravene the obligation of the state to	86321
pay, without necessity for further appropriation, from the sources	86322
pledged thereto, the bond service charges on obligations issued	86323
pursuant to section 154.20 of the Revised Code.	86324

Section 69.01. DIVISION OF MENTAL HEALTH - HOSPITALS

86325

General Revenue Fund

86326

General Services Fund Group

86330

Federal Special Revenue Fund Group

86335

State Special Revenue Fund Group

86341

COMMUNITY MENTAL HEALTH BOARD RISK FUND

86348

The foregoing appropriation item 334-636, Community Mental	86349
Health Board Risk Fund, shall be used to make payments pursuant to	86350
section 5119.62 of the Revised Code.	86351

Section 69.02. DIVISION OF MENTAL HEALTH - COMMUNITY SUPPORT	86352
SERVICES	86353

General Revenue Fund

86354

General Services Fund Group

86358

Federal Special Revenue Fund Group

86362

State Special Revenue Fund Group

86368

Section 69.03.  COMMUNITY MEDICATION SUBSIDY

86385

The foregoing appropriation item 335-419, Community	86386
Medication Subsidy, shall be used to provide subsidized support	86387
for psychotropic medication needs of indigent citizens in the	86388
community to reduce unnecessary hospitalization because of lack of	86389
medication and to provide subsidized support for methadone costs.	86390

LOCAL MENTAL HEALTH SYSTEMS OF CARE

86391

The foregoing appropriation item 335-505, Local Mental Health	86392
Systems of Care, shall be used for mental health services provided	86393
by community mental health boards in accordance with a community	86394
mental health plan submitted pursuant to section 340.03 of the	86395
Revised Code and as approved by the Department of Mental Health.	86396

Of the foregoing appropriation, not less than $34,818,917 in	86397
fiscal year 2004 and not less than $34,818,917 in fiscal year 2005	86398
shall be distributed by the Department of Mental Health on a per	86399
capita basis to community mental health boards.	86400

Of the foregoing appropriation, $100,000 in each fiscal year	86401
shall be used to fund family and consumer education and support.	86402

BEHAVIORAL HEALTH MEDICAID SERVICES

86403

The Department of Mental Health shall administer specified	86404
Medicaid Services as delegated by the Department of Job and Family	86405
Services in an interagency agreement. The foregoing appropriation	86406
item 333-607, Behavioral Health Medicaid Services, may be used to	86407
make payments for free-standing psychiatric hospital inpatient	86408
services as defined in an interagency agreement with the	86409
Department of Job and Family Services.	86410

Section 70.  DMR DEPARTMENT OF MENTAL RETARDATION AND	86411
DEVELOPMENTAL DISABILITIES	86412

Section 70.01.  GENERAL ADMINISTRATION AND STATEWIDE SERVICES

86413

General Revenue Fund

86414

General Services Fund Group

86419

Federal Special Revenue Fund Group

86423

LEASE-RENTAL PAYMENTS

86437

The foregoing appropriation item 320-415, Lease-Rental	86438
Payments, shall be used to meet all payments at the times they are	86439
required to be made during the period from July 1, 2003, to June	86440
30, 2005, by the Department of Mental Retardation and	86441
Developmental Disabilities pursuant to leases and agreements made	86442
under section 154.20 of the Revised Code, but limited to the	86443
aggregate amount of $49,142,400. Nothing in this act shall be	86444
deemed to contravene the obligation of the state to pay, without	86445
necessity for further appropriation, from the sources pledged	86446
thereto, the bond service charges on obligations issued pursuant	86447
to section 154.20 of the Revised Code.	86448

Section 70.02.  COMMUNITY SERVICES

86449

General Revenue Fund

86450

General Services Fund Group

86460

Federal Special Revenue Fund Group

86467

State Special Revenue Fund Group

86481

RESIDENTIAL AND SUPPORT SERVICES

86488

The Department of Mental Retardation and Developmental	86489
Disabilities may designate a portion of appropriation item	86490
322-413, Residential and Support Services, for the following:	86491

(A) Sermak Class Services used to implement the requirements	86492
of the agreement settling the consent decree in Sermak v. Manuel,	86493
Case No. c-2-80-220, United States District Court for the Southern	86494
District of Ohio, Eastern Division;	86495

(B) Medicaid-reimbursed programs other than home and	86496
community-based waiver services, in an amount not to exceed	86497
$1,000,000 in each fiscal year, that enable persons with mental	86498
retardation and developmental disabilities to live in the	86499
community.	86500

WAIVER STATE MATCH

86501

The purposes for which the foregoing appropriation item	86502
322-416, Waiver State Match, shall be used include the following:	86503

(A) Home and community-based waiver services pursuant to	86504
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	86505
U.S.C. 301, as amended.	86506

(B) Services contracted by county boards of mental	86507
retardation and developmental disabilities.	86508

(C) To pay the nonfederal share of the cost of one or more	86509
new intermediate care facility for the mentally retarded certified	86510
beds in a county where the county board of mental retardation and	86511
developmental disabilities does not initiate or support the	86512
development or certification of such beds, if the director of	86513
mental retardation and developmental disabilities is required by	86514
this act to transfer to the director of job and family services	86515
funds to pay such nonfederal share.	86516

The Department of Mental Retardation and Developmental	86517
Disabilities may designate a portion of appropriation item	86518
322-416, Waiver State Match, to county boards of mental	86519
retardation and developmental disabilities that have greater need	86520
for various residential and support services due to a low	86521
percentage of residential and support services development in	86522
comparison to the number of individuals with mental retardation or	86523
developmental disabilities in the county.	86524

Of the foregoing appropriation item 322-416, Waiver State	86525
Match, $9,850,000 in each year of the biennium shall be	86526
distributed by the Department to county boards of mental	86527
retardation and developmental disabilities to support existing	86528
residential facilities waiver and individual options waiver	86529
related to Medicaid activities provided for in the component of a	86530
county board's plan developed under division (A)(2) of section	86531
5126.054 of the Revised Code and approved under section 5123.046	86532
of the Revised Code. Up to $3,000,000 of these funds in each	86533
fiscal year may be used to implement day-to-day program management	86534
services under division (A)(2) of section 5126.054 of the Revised	86535
Code. Up to $4,200,000 in each fiscal year may be used to	86536
implement the program and health and welfare requirements of	86537
division (A)(2) of section 5126.054 of the Revised Code.	86538

In fiscal years 2004 and 2005 not less than $2,650,000 of	86539
these funds shall be used to recruit and retain, under division	86540
(A)(2) of section 5126.054 of the Revised Code, the direct care	86541
staff necessary to implement the services included in an	86542
individualized service plan in a manner that ensures the health	86543
and welfare of the individuals being served.	86544

The methodology utilized by the department to determine each	86545
residential facilities wavier and individual options provider's	86546
allocation of such funds in fiscal year 2003 shall be used for	86547
allocation purposes to such providers in fiscal years 2004 and	86548
2005, respectively.	86549

SUPPORTED LIVING

86550

The purposes for which the foregoing appropriation item	86551
322-417, Supported Living, shall be used include supported living	86552
services contracted by county boards of mental retardation and	86553
developmental disabilities in accordance with sections 5126.40 to	86554
5126.47 of the Revised Code and to pay the nonfederal share of the	86555
cost of one or more new intermediate care facility for the	86556
mentally retarded certified beds in a county where the county	86557
board of mental retardation and developmental disabilities does	86558
not initiate or support the development or certification of such	86559
beds, if the director of mental retardation and developmental	86560
disabilities is required by this act to transfer to the director	86561
of job and family services funds to pay such nonfederal share.	86562

OTHER RESIDENTIAL AND SUPPORT SERVICE PROGRAMS

86563

Notwithstanding Chapters 5123. and 5126. of the Revised Code,	86564
the Department of Mental Retardation and Developmental	86565
Disabilities may develop residential and support service programs	86566
funded by appropriation item 322-413, Residential and Support	86567
Services, appropriation item 322-416, Waiver State Match, or	86568
appropriation item 322-417, Supported Living, that enable persons	86569
with mental retardation and developmental disabilities to live in	86570
the community. Notwithstanding Chapter 5121. and section 5123.122	86571
of the Revised Code, the department may waive the support	86572
collection requirements of those statutes for persons in community	86573
programs developed by the department under this section. The	86574
department shall adopt rules under Chapter 119. of the Revised	86575
Code or may use existing rules for the implementation of these	86576
programs.	86577

FAMILY SUPPORT SERVICES

86578

Notwithstanding sections 5123.171, 5123.19, 5123.20, and	86579
5126.11 of the Revised Code, the Department of Mental Retardation	86580
and Developmental Disabilities may implement programs funded by	86581
appropriation item 322-451, Family Support Services, to provide	86582
assistance to persons with mental retardation or developmental	86583
disabilities and their families who are living in the community.	86584
The department shall adopt rules to implement these programs. The	86585
department may also use the foregoing appropriation item 322-451,	86586
Family Support Services, to pay the nonfederal share of the cost	86587
of one or more new intermediate care facility for the mentally	86588
retarded certified beds in a county where the county board of	86589
mental retardation and developmental disabilities initiates or	86590
supports the development or certification of such beds, if the	86591
director of mental retardation and developmental disabilities is	86592
required by this act to transfer to the director of job and family	86593
services funds to pay such nonfederal share.	86594

SERVICE AND SUPPORT ADMINISTRATION

86595

The foregoing appropriation item 322-452, Service and Support	86596
Administration, shall be allocated to county boards of mental	86597
retardation and developmental disabilities for the purpose of	86598
providing service and support administration services and to	86599
assist in bringing state funding for all department-approved	86600
service and support administrators within county boards of mental	86601
retardation and developmental disabilities to the level authorized	86602
in division (C) of section 5126.15 of the Revised Code. The	86603
department may request approval from the Controlling Board to	86604
transfer any unobligated appropriation authority from other state	86605
General Revenue Fund appropriation items within the department's	86606
budget to appropriation item 322-452, Service and Support	86607
Administration, to be used to meet the statutory funding level in	86608
division (C) of section 5126.15 of the Revised Code.	86609

Notwithstanding division (C) of section 5126.15 of the	86610
Revised Code and subject to funding in appropriation item 322-452,	86611
Service and Support Administration, no county may receive less	86612
than its allocation in fiscal year 1995. Wherever case management	86613
services are referred to in any law, contract, or other document,	86614
the reference shall be deemed to refer to service and support	86615
administration. No action or proceeding pending on the effective	86616
date of this section is affected by the renaming of case	86617
management services as service and support administration.	86618

The Department of Mental Retardation and Developmental	86619
Disabilities shall adopt, amend, and rescind rules as necessary to	86620
reflect the renaming of case management services as service and	86621
support administration. All boards of mental retardation and	86622
developmental disabilities and the entities with which they	86623
contract for services shall rename the titles of their employees	86624
who provide service and support administration. All boards and	86625
contracting entities shall make corresponding changes to all	86626
employment contracts.	86627

The department may also use the foregoing appropriation item	86628
322-452, Service and Support Administration, to pay the nonfederal	86629
share of the cost of one or more new intermediate care facility	86630
for the mentally retarded certified beds in a county where the	86631
county board of mental retardation and developmental disabilities	86632
initiates or supports the development or certification of such	86633
beds, if the director of mental retardation and developmental	86634
disabilities is required by this act to transfer to the director	86635
of job and family services funds to pay such nonfederal share.	86636

STATE SUBSIDIES TO MR/DD BOARDS

86637

The foregoing appropriation item 322-501, County Boards	86638
Subsidies, shall be distributed to county boards of mental	86639
retardation and developmental disabilities pursuant to section	86640
5126.12 of the Revised Code to the limit of the lesser of the	86641
amount required by that section or the appropriation in	86642
appropriation item 322-501 prorated to all county boards of mental	86643
retardation and developmental disabilities.	86644

The department may also use the foregoing appropriation item	86645
322-501, County Boards Subsidies, to pay the nonfederal share of	86646
the cost of one or more new intermediate care facility for the	86647
mentally retarded certified beds in a county where the county	86648
board of mental retardation and developmental disabilities	86649
initiates or supports the development or certification of such	86650
beds, if the director of mental retardation and developmental	86651
disabilities is required by this act to transfer to the director	86652
of job and family services funds to pay such nonfederal share.	86653

TAX EQUITY

86654

The foregoing appropriation item 322-503, Tax Equity, shall	86655
be used to fund the tax equalization program created under section	86656
5126.18 of the Revised Code for county boards of mental	86657
retardation and developmental disabilities.	86658

INTERSYSTEM SERVICES FOR CHILDREN

86659

The foregoing appropriation item 322-645, Intersystem	86660
Services for Children, shall be used to support direct grants to	86661
county family and children first councils created under section	86662
121.37 of the Revised Code. The funds shall be used as partial	86663
support payment and reimbursement for locally coordinated	86664
treatment plans for multi-needs children that come to the	86665
attention of the Family and Children First Cabinet Council	86666
pursuant to section 121.37 of the Revised Code. The Department of	86667
Mental Retardation and Developmental Disabilities may use up to	86668
five per cent of this amount for administrative expenses	86669
associated with the distribution of funds to the county councils.	86670

WAIVER - MATCH

86671

The foregoing appropriation item 322-604, Waiver-Match (Fund	86672
4K8), shall be used as state matching funds for the home and	86673
community-based waivers.	86674

Section 70.03.  DEVELOPMENTAL CENTER PROGRAM TO DEVELOP A	86675
MODEL BILLING FOR SERVICES RENDERED	86676

Developmental centers of the Department of Mental Retardation	86677
and Developmental Disabilities may provide services to persons	86678
with mental retardation or developmental disabilities living in	86679
the community or to providers of services to these persons. The	86680
department may develop a methodology for recovery of all costs	86681
associated with the provisions of these services.	86682

Section 70.04. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	86683
PHARMACY PROGRAMS	86684

Beginning July 1, 2003, the Department of Mental Retardation	86685
and Developmental Disabilities shall pay the Department of Job and	86686
Family Services quarterly, through intrastate transfer voucher,	86687
the nonfederal share of Medicaid prescription drug claim costs for	86688
all developmental centers paid by the Department of Job and Family	86689
Services.	86690

Section 70.05.  RESIDENTIAL FACILITIES

86691

General Revenue Fund

86692

General Services Fund Group

86696

Federal Special Revenue Fund Group

86701

State Special Revenue Fund Group

86710

(A) The Executive Branch Committee on Medicaid Redesign and	86727
Expansion of MRDD Services, as established by Am. Sub. H.B. 94 of	86728
the 124th General Assembly, shall continue and consist of all of	86729
the following individuals:	86730

(1) One representative of the Governor appointed by the	86731
Governor;	86732

(2) Two representatives of the Department of Mental	86733
Retardation and Developmental Disabilities appointed by the	86734
Director of Mental Retardation and Developmental Disabilities;	86735

(3) Two representatives of the Department of Job and Family	86736
Services appointed by the Director of Job and Family Services;	86737

(4) One representative of the Office of Budget and Management	86738
appointed by the Director of Budget and Management;	86739

(5) One representative of The Arc of Ohio appointed by the	86740
organization's board of trustees;	86741

(6) One representative of the Ohio Association of County	86742
Boards of Mental Retardation and Developmental Disabilities	86743
appointed by the association's board of trustees;	86744

(7) One representative of the Ohio Superintendents of County	86745
Boards of Mental Retardation and Developmental Disabilities	86746
appointed by the organization's board of trustees;	86747

(8) One representative of the Ohio Provider Resource	86748
Association appointed by the association's board of trustees;	86749

(9) One representative of the Ohio Health Care Association	86750
appointed by the association's board of trustees;	86751

(10) One representative of individuals with mental	86752
retardation or other developmental disability appointed by the	86753
Director of Mental Retardation and Developmental Disabilities.	86754

(B) The Governor shall appoint the chairperson of the	86755
committee. Members of the committee shall serve without	86756
compensation or reimbursement, except to the extent that serving	86757
on the committee is considered a part of their regular employment	86758
duties.	86759

(C) The committee shall meet at times determined by the	86760
chairperson to do all of the following:	86761

(1) Review the effect that the provisions of this act	86762
regarding Medicaid funding for services to individuals with mental	86763
retardation or other developmental disability have on the funding	86764
and provision of services to such individuals;	86765

(2) Identify issues related to, and barriers to, the	86766
effective implementation of those provisions of this act with the	86767
goal of meeting the needs of individuals with mental retardation	86768
or other developmental disability;	86769

(3) Establish effective means for resolving the issues and	86770
barriers, including advocating changes to state law, rules, or	86771
both.	86772

(D) The committee shall submit a final report to the Governor	86773
and Directors of Mental Retardation and Developmental Disabilities	86774
and Job and Family Services and shall cease to exist on submission	86775
of the final report unless the Governor issues an executive order	86776
providing for the committee to continue.	86777

Section 71.  MIH COMMISSION ON MINORITY HEALTH

86778

General Revenue Fund

86779

Federal Special Revenue Fund Group

86784

State Special Revenue Fund Group

86788

LUPUS PROGRAM

86793

The foregoing appropriation item 149-502, Lupus Program,	86794
shall be used to provide grants for programs in patient, public,	86795
and professional education on the subject of systemic lupus	86796
erythemtosus; to encourage and develop local centers on lupus	86797
information gathering and screening; and to provide outreach to	86798
minority women.	86799

Section 72.  CRB MOTOR VEHICLE COLLISION REPAIR REGISTRATION	86800
BOARD	86801

General Service Fund Group

86802

Section 73.  DNR DEPARTMENT OF NATURAL RESOURCES

86808

General Revenue Fund

86809

General Services Fund Group

86831

Federal Special Revenue Fund Group

86850

State Special Revenue Fund Group

86867

Clean Ohio Fund Group

86891

Wildlife Fund Group

86894

Waterways Safety Fund Group

86902

Holding Account Redistribution Fund Group

86911

Accrued Leave Liability Fund Group

86916

Section 73.01. FOUNTAIN SQUARE

86922

The foregoing appropriation item 725-404, Fountain Square	86923
Rental Payments - OBA, shall be used by the Department of Natural	86924
Resources to meet all payments required to be made to the Ohio	86925
Building Authority during the period from July 1, 2003, to June	86926
30, 2005, pursuant to leases and agreements with the Ohio Building	86927
Authority under section 152.241 of the Revised Code, but limited	86928
to the aggregate amount of $2,188,100.	86929

The Director of Natural Resources, using intrastate transfer	86930
vouchers, shall make payments to the General Revenue Fund from	86931
funds other than the General Revenue Fund to reimburse the General	86932
Revenue Fund for the other funds' shares of the lease rental	86933
payments to the Ohio Building Authority. The transfers from the	86934
non-General Revenue funds shall be made within 10 days of the	86935
payment to the Ohio Building Authority for the actual amounts	86936
necessary to fulfill the leases and agreements pursuant to section	86937
152.241 of the Revised Code.	86938

The foregoing appropriation item 725-664, Fountain Square	86939
Facilities Management (Fund 635), shall be used for payment of	86940
repairs, renovation, utilities, property management, and building	86941
maintenance expenses for the Fountain Square Complex. Cash	86942
transferred by intrastate transfer vouchers from various	86943
department funds and rental income received by the Department of	86944
Natural Resources shall be deposited into the Fountain Square	86945
Facilities Management Fund (Fund 635).	86946

LEASE RENTAL PAYMENTS

86947

The foregoing appropriation item 725-413, OPFC Lease Rental	86948
Payments, shall be used to meet all payments at the times they are	86949
required to be made during the period from July 1, 2003, to June	86950
30, 2005, by the Department of Natural Resources pursuant to	86951
leases and agreements made under section 154.22 of the Revised	86952
Code, but limited to the aggregate amount of $32,776,000. Nothing	86953
in this act shall be deemed to contravene the obligation of the	86954
state to pay, without necessity for further appropriation, from	86955
the sources pledged thereto, the bond service charges on	86956
obligations issued pursuant to section 154.22 of the Revised Code.	86957

NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

86958

The foregoing appropriation item 725-903, Natural Resources	86959
General Obligation Debt Service, shall be used to pay all debt	86960
service and related financing costs at the times they are required	86961
to be made pursuant to sections 151.01 and 151.05 of the Revised	86962
Code during the period from July 1, 2003, to June 30, 2005. The	86963
Office of the Sinking Fund or the Director of Budget and	86964
Management shall effectuate the required payments by an intrastate	86965
transfer voucher.	86966

Section 73.02. WILDLIFE LICENSE REIMBURSEMENT

86967

Notwithstanding the limits of the transfer from the General	86968
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15	86969
of the Revised Code, up to the amount available in appropriation	86970
item 725-425, Wildlife License Reimbursement, may be transferred	86971
from the General Revenue Fund to the Wildlife Fund (Fund 015).	86972
Pursuant to the certification of the Director of Budget and	86973
Management of the amount of foregone revenue in accordance with	86974
section 1533.15 of the Revised Code, the foregoing appropriation	86975
item in the General Revenue Fund, appropriation item 725-425,	86976
Wildlife License Reimbursement, shall be used to reimburse the	86977
Wildlife Fund (Fund 015) for the cost of hunting and fishing	86978
licenses and permits issued after June 30, 1990, to individuals	86979
who are exempted under the Revised Code from license, permit, and	86980
stamp fees.	86981

CANAL LANDS

86982

The foregoing appropriation item 725-456, Canal Lands, shall	86983
be used to transfer funds to the Canal Lands Fund (Fund 430) to	86984
provide operating expenses for the State Canal Lands Program. The	86985
transfer shall be made using an intrastate transfer voucher and	86986
shall be subject to the approval of the Director of Budget and	86987
Management.	86988

SOIL AND WATER DISTRICTS

86989

In addition to state payments to soil and water conservation	86990
districts authorized by section 1515.10 of the Revised Code, the	86991
Department of Natural Resources may pay to any soil and water	86992
conservation district, from authority in appropriation item	86993
725-502, Soil and Water Districts, an annual amount not to exceed	86994
$30,000, upon receipt of a request and justification from the	86995
district and approval by the Ohio Soil and Water Conservation	86996
Commission. The county auditor shall credit the payments to the	86997
special fund established under section 1515.10 of the Revised Code	86998
for the local soil and water conservation district. Moneys	86999
received by each district shall be expended for the purposes of	87000
the district.	87001

Of the foregoing appropriation item 725-502, Soil and Water	87002
Districts, $120,000 shall be earmarked in fiscal year 2004 for the	87003
Franklin County Soil and Water District.	87004

Of the foregoing appropriation item 725-502, Soil and Water	87005
Districts, $175,000 shall be earmarked in fiscal year 2004 for the	87006
Indian Lake Watershed.	87007

Of the foregoing appropriation item 725-502, Soil and Water	87008
Districts, $50,000 shall be earmarked for the Rush Creek Watershed	87009
in each fiscal year.	87010

Of the foregoing appropriation item 725-502, Soil and Water	87011
Districts, $28,000 shall be earmarked for the Conservation Action	87012
Program in each fiscal year.	87013

Of the foregoing appropriation item 725-502, Soil and Water	87014
Districts, $150,000 each fiscal year shall be earmarked for the	87015
Muskingum Conservancy District.	87016

Of the foregoing appropriation item 725-502, Soil and Water	87017
Districts, $120,000 each fiscal year shall be earmarked for the	87018
relocation of Route 30.	87019

FUND CONSOLIDATION

87020

On July 15, 2003, or as soon thereafter as possible, the	87021
Director of Budget and Management shall transfer the cash balance	87022
as certified by the Director of Natural Resources from the Coastal	87023
Management-Federal Fund (Fund 3P3) to the REALM-Federal Fund (Fund	87024
3Z5). The Director shall cancel any remaining outstanding	87025
encumbrances against appropriation item 725-650, Coastal	87026
Management-Federal, that are associated with the REALM federal	87027
programs and reestablish them against appropriation item 725-657,	87028
REALM-Federal. The amounts of any encumbrances canceled and	87029
reestablished are hereby appropriated.	87030

LAW ENFORCEMENT ADMINISTRATION

87031

On or after July 1, 2003, but not later than July 15, 2003,	87032
the Director of Budget and Management shall transfer $969,825 from	87033
the Central Support Indirect Fund (Fund 157) to the Law	87034
Enforcement Administration Fund (Fund 223). On or after July 1,	87035
2004, but not later than July 15, 2004, the Director of Budget and	87036
Management shall transfer $976,225 from the Central Support	87037
Indirect Fund (Fund 157) to the Law Enforcement Administration	87038
Fund (Fund 223).	87039

OIL AND GAS WELL PLUGGING

87040

The foregoing appropriation item 725-677, Oil and Gas Well	87041
Plugging, shall be used exclusively for the purposes of plugging	87042
wells and to properly restore the land surface of idle and orphan	87043
oil and gas wells pursuant to section 1509.071 of the Revised	87044
Code. No funds from the appropriation item shall be used for	87045
salaries, maintenance, equipment, or other administrative	87046
purposes, except for those costs directly attributed to the	87047
plugging of an idle or orphan well. Appropriation authority from	87048
this appropriation item shall not be transferred to any other fund	87049
or line item.	87050

CLEAN OHIO OPERATING EXPENSES

87051

The foregoing appropriation item 725-405, Clean Ohio	87052
Operating, shall be used by the Department of Natural Resources in	87053
administering section 1519.05 of the Revised Code.	87054

DIVISION OF SOIL AND WATER

87055

Of the foregoing appropriation item 737-321, Division of Soil	87056
and Water, $220,000 in each fiscal year shall be earmarked for the	87057
Water Quality Laboratory located at Heidelberg College.	87058

WATERCRAFT MARINE PATROL

87059

Of the foregoing appropriation item 739-401, Division of	87060
Watercraft, not more than $200,000 in each fiscal year shall be	87061
expended for the purchase of equipment for marine patrols	87062
qualifying for funding from the Department of Natural Resources	87063
pursuant to section 1547.67 of the Revised Code. Proposals for	87064
equipment shall accompany the submission of documentation for	87065
receipt of a marine patrol subsidy pursuant to section 1547.67 of	87066
the Revised Code and shall be loaned to eligible marine patrols	87067
pursuant to a cooperative agreement between the Department of	87068
Natural Resources and the eligible marine patrol.	87069

ELIMINATION OF CIVILIAN CONSERVATION CORPS

87070

Upon the closure of the Division of Civilian Conservation,	87071
the Director of Natural Resources, not later than June 30, 2004,	87072
shall distribute, allocate, salvage, or transfer all assets,	87073
equipment, supplies, and cash balances of the Division of Civilian	87074
Conservation to other operating divisions of the Department of	87075
Natural Resources as determined by the director. The director	87076
shall maintain a record of such disposition of all assets.	87077

The director shall maintain balances within the Civilian	87078
Conservation Corps Fund to pay all outstanding obligations,	87079
including unemployment and other costs associated with the orderly	87080
closure of the Division of Civilian Conservation. All amounts	87081
necessary for the orderly closure are hereby appropriated.	87082

PROHIBITION AGAINST ENTRANCE FEES FOR STATE PARKS AND NATURE	87083
PRESERVES	87084

During the biennium that includes fiscal years 2004 and 2005,	87085
the Department of Natural Resources shall not charge a fee for the	87086
privilege of entering a state park or a nature preserve, as	87087
"nature preserve" is defined in section 1517.01 of the Revised	87088
Code.	87089

Section 74.  NUR STATE BOARD OF NURSING

87090

General Services Fund Group

87091

NURSING SPECIAL ISSUES

87097

The foregoing appropriation item 884-601, Nursing Special	87098
Issues (Fund 5P8), shall be used to pay the costs the Board of	87099
Nursing incurs in implementing section 4723.062 of the Revised	87100
Code.	87101

Section 75. OLA OHIOANA LIBRARY ASSOCIATION

87102

General Revenue Fund

87103

Section 76.  ODB OHIO OPTICAL DISPENSERS BOARD

87108

General Services Fund Group

87109

Section 77.  OPT STATE BOARD OF OPTOMETRY

87115

General Services Fund Group

87116

Section 78.  OPP STATE BOARD OF ORTHOTICS, PROSTHETICS, AND	87122
PEDORTHICS	87123

General Services Fund Group

87124

Section 80.  PBR STATE PERSONNEL BOARD OF REVIEW

87129

General Revenue Fund

87130

General Services Fund Group

87133

TRANSCRIPT AND OTHER

87138

The foregoing appropriation item 124-601, Transcript and	87139
Other, may be used to defray the costs of producing an	87140
administrative record.	87141

Section 81.  PRX STATE BOARD OF PHARMACY

87142

General Services Fund Group

87143

Section 82.  PSY STATE BOARD OF PSYCHOLOGY

87150

General Services Fund Group

87151

Section 83.  PUB OHIO PUBLIC DEFENDER COMMISSION

87157

General Revenue Fund

87158

General Services Fund Group

87167

Federal Special Revenue Fund Group

87174

State Special Revenue Fund Group

87178

JUVENILE REPRESENTATION

87185

Of the foregoing appropriation item 019-401, State Legal	87186
Defense Services, at least $250,000 in each fiscal year shall be	87187
used to provide legal services and assistance to juveniles.	87188

INDIGENT DEFENSE OFFICE

87189

The foregoing appropriation items 019-404, Trumbull County -	87190
State Share, and 019-610, Trumbull County - County Share, shall be	87191
used to support an indigent defense office for Trumbull County.	87192

MULTI-COUNTY OFFICE

87193

The foregoing appropriation items 019-403, Multi-County:	87194
State Share, and 019-601, Multi-County: County Share, shall be	87195
used to support the Office of the Ohio Public Defender's	87196
Multi-County Branch Office Program.	87197

TRAINING ACCOUNT

87198

The foregoing appropriation item 019-405, Training Account,	87199
shall be used by the Ohio Public Defender to provide legal	87200
training programs at no cost for private appointed counsel who	87201
represent at least one indigent defendant at no cost and for state	87202
and county public defenders and attorneys who contract with the	87203
Ohio Public Defender to provide indigent defense services.	87204

FEDERAL REPRESENTATION

87205

The foregoing appropriation item 019-608, Federal	87206
Representation, shall be used to receive reimbursements from the	87207
federal courts when the Ohio Public Defender provides	87208
representation in federal court cases and to support	87209
representation in such cases.	87210

Section 84.  DHS DEPARTMENT OF PUBLIC SAFETY

87211

General Revenue Fund

87212

General Services Fund

87218

State Special Revenue Fund

87221

OHIO TASK FORCE ONE - URBAN SEARCH AND RESCUE UNIT

87227

Of the foregoing appropriation item 763-403, Operating	87228
Expenses - EMA, $200,000 in each fiscal year shall be used to fund	87229
the Ohio Task Force One - Urban Search and Rescue Unit and other	87230
urban search and rescue programs around the state to create a	87231
stronger search and rescue capability statewide.	87232

INDIVIDUAL AND HOUSEHOLDS GRANTS STATE MATCH

87233

The foregoing appropriation item 763-507, Individual and	87234
Households Grants, shall be used to fund the state share of costs	87235
to provide grants to individuals and households in cases of	87236
disaster.	87237

GRANTS-VOLUNTEER FIRE DEPARTMENTS

87238

The foregoing appropriation item 768-402, Grants-Volunteer	87239
Fire Departments, shall be used to make annual grants to volunteer	87240
fire departments of up to $10,000 or up to $25,000 if the	87241
volunteer fire department provides service for an area affected by	87242
a natural disaster. Beginning October 1, 2003, the grant program	87243
shall be administered by the Fire Marshal under the Department of	87244
Public Safety. The Fire Marshal shall adopt rules necessary for	87245
the administration and operation of the grant program.	87246

SMALL GOVERNMENT FIRE DEPARTMENTS

87247

After October 1, 2003, upon the request of the Director of	87248
Public Safety, the Director of Budget and Management shall	87249
transfer $250,000 cash in each fiscal year from the State Fire	87250
Marshal Fund (Fund 5Y2) within the State Special Revenue Fund	87251
Group to the Small Government Fire Departments Fund (Fund 224)	87252
within the General Services Fund Group.	87253

Notwithstanding section 3737.17 of the Revised Code, the	87254
foregoing appropriation item 768-658, Small Government Fire	87255
Departments, may be used to provide loans to private fire	87256
departments.	87257

FIRE MARSHAL FUND

87258

On October 1, 2003, the State Fire Marshal Fund (Fund 546)	87259
shall be transferred from the Department of Commerce to the	87260
Department of Public Safety. At the request of the Director of	87261
Commerce, the Director of Budget and Management may cancel	87262
encumbrances in these funds from the Department of Commerce's	87263
appropriation item 800-610, Fire Marshal, and reestablish such	87264
encumbrances or parts of encumbrances in fiscal year 2004 for the	87265
same purpose and to the same vendor in the Department of Public	87266
Safety's appropriation item 768-635, Fire Marshal. The Director of	87267
Budget and Management shall reduce the appropriation balances in	87268
fiscal year 2003 by the amount of encumbrances canceled in the	87269
funds. As determined by the Director of Budget and Management, the	87270
appropriation authority necessary to reestablish such encumbrances	87271
or parts of encumbrances in fiscal year 2004 for the Department of	87272
Public Safety is hereby appropriated. On July 31, 2003, or as soon	87273
as possible thereafter, the Director of Budget and Management	87274
shall transfer $1,800,000 cash from the Fire Marshal Fund (Fund	87275
546) to the Department of Commerce, Division of Administration	87276
Fund (Fund 163, 800-620).	87277

FIREWORKS TRAINING AND EDUCATION FUND

87278

On October 1, 2003, the Fireworks Training & Education Fund	87279
(Fund 4L5) shall be transferred from the Department of Commerce to	87280
the Department of Public Safety. At the request of the Director of	87281
Commerce, the Director of Budget and Management may cancel	87282
encumbrances in these funds from the Department of Commerce's	87283
appropriation item 800-609, Fire Marshal, and reestablish such	87284
encumbrances or parts of encumbrances in fiscal year 2004 for the	87285
same purpose and to the same vendor in the Department of Public	87286
Safety's appropriation item 768-620, Fireworks Training and	87287
Education. The Director of Budget and Management shall reduce the	87288
appropriation balances in fiscal year 2003 by the amount of	87289
encumbrances canceled in the funds. As determined by the Director	87290
of Budget and Management, the appropriation authority necessary to	87291
reestablish such encumbrances or parts of encumbrances in fiscal	87292
year 2004 for the Department of Public Safety is hereby	87293
appropriated.	87294

GRANTS-VOLUNTEER FIRE DEPARTMENTS FUND

87295

On October 1, 2003, the Grants- Volunteer Fire Departments	87296
Fund (Fund GRF) shall be transferred from the Department of	87297
Commerce to the Department of Public Safety. At the request of the	87298
Director of Commerce, the Director of Budget and Management may	87299
cancel encumbrances in these funds from the Department of	87300
Commerce's appropriation item 800-402, Grants- Volunteer Fire	87301
Departments, and reestablish such encumbrances or parts of	87302
encumbrances in fiscal year 2004 for the same purpose and to the	87303
same vendor in the Department of Public Safety's appropriation	87304
item 768-402, Grants-Volunteer Fire Departments. The Director of	87305
Budget and Management shall reduce the appropriation balances in	87306
fiscal year 2003 by the amount of encumbrances canceled in the	87307
funds. As determined by the Director of Budget and Management, the	87308
appropriation authority necessary to reestablish such encumbrances	87309
or parts of encumbrances in fiscal year 2004 for the Department of	87310
Public Safety is hereby appropriated.	87311

SMALL GOVERNMENT FIRE DEPARTMENTS FUND

87312

On October 1, 2003, the Small Government Fire Departments	87313
Fund (Fund 5F1) shall be transferred from the Department of	87314
Commerce to the Department of Public Safety. At the request of the	87315
Director of Commerce, the Director of Budget and Management may	87316
cancel encumbrances in these funds from the Department of	87317
Commerce's appropriation item 800-635, Small Government Fire	87318
Departments, and reestablish such encumbrances or parts of	87319
encumbrances in fiscal year 2004 for the same purpose and to the	87320
same vendor in the Department of Public Safety's appropriation	87321
item 768-658, Small Government Fire Departments. The Director of	87322
Budget and Management shall reduce the appropriation balances in	87323
fiscal year 2003 by the amount of encumbrances canceled in the	87324
funds. As determined by the Director of Budget and Management, the	87325
appropriation authority necessary to reestablish such encumbrances	87326
or parts of encumbrances in fiscal year 2004 for the Department of	87327
Public Safety is hereby appropriated.	87328

FIRE MARSHAL TRANSFER FROM COMMERCE TO PUBLIC SAFETY

87329

Notwithstanding any provision of law to the contrary, the	87330
Director of Budget and Management is authorized to take the	87331
actions described in this section. This section applies to budget	87332
changes made necessary by administrative reorganization, program	87333
transfers, the creation of new funds, and the consolidation of	87334
funds as authorized by this act. The Director of Budget and	87335
Management may make any transfers of cash balances between funds.	87336
At the request of the Office of Budget and Management, the	87337
administering agency head shall certify to the Director the amount	87338
of an estimate of the amount of the cash balance to be transferred	87339
to the receiving fund. The Director may transfer the estimated	87340
amount or the estimate of the amount when needed to make payments.	87341
Not more than thirty days after certifying the estimated amount	87342
the administering agency head shall certify the final amount to	87343
the Director. The Director shall transfer the difference between	87344
any estimated amount previously transferred and the certified	87345
final amount.	87346

Any fiscal year 2003 and 2004 unencumbered or unallotted	87347
appropriation balances may be transferred to the appropriate line	87348
item to be used for the same purposes, as determined by the	87349
Director of Budget and Management.	87350

On October 1, 2003, or the first day of the first pay period	87351
commencing after the effective date of this section, whichever is	87352
later, the licensing and enforcement functions of the Department	87353
of Commerce, Division of State Fire Marshal conducted pursuant to	87354
Chapter 3737. of the Revised Code and the assets, real estate	87355
liabilities, any capital spending authority related thereto,	87356
equipment, and records, regardless of form or medium, relating to	87357
those functions are transferred to the Department of Public	87358
Safety. The Department of Public Safety thereupon assumes these	87359
functions.	87360

Any business commenced but not completed by the Director or	87361
Department of Commerce, Division of State Fire Marshal pursuant to	87362
Chapter 3737. of the Revised Code on the effective date of this	87363
section relating to the functions transferred under this section	87364
shall be completed by the Director or Department of Public Safety	87365
in the same manner, and with the same effect, as if completed by	87366
the Director or Department of Commerce, Division of State Fire	87367
Marshal. No validation, cure, right, privilege, remedy,	87368
obligation, or liability is lost or impaired by reason of the	87369
transfer of functions required by this section and shall be	87370
administered by the Department of Public Safety. All of the rules,	87371
orders, and determinations enacted or adopted by the Department of	87372
Commerce, Division of State Fire Marshal relating to the transfer	87373
of these functions continue in effect as rules, orders, and	87374
determinations of the Department of Public Safety until modified	87375
or rescinded by the Department of Public Safety. If necessary to	87376
ensure the integrity of the numbering of the Administrative Code,	87377
the Director of the Legislative Service Commission shall renumber	87378
the rules of the Department of Commerce, Division of State Fire	87379
Marshal enacted or adopted pursuant to Chapter 3737. of the	87380
Revised Code to reflect their transfer to the Department of Public	87381
Safety.	87382

Subject to the lay-off provisions of sections 124.321 to	87383
124.328 of the Revised Code, all employees of the Department of	87384
Commerce, Division of State Fire Marshal who perform functions	87385
pursuant to Chapter 3737. of the Revised Code that are transferred	87386
under this section are transferred to the Department of Public	87387
Safety. The vehicles and equipment assigned to such employees are	87388
also transferred to the Department of Public Safety.	87389

Whenever the Director or the Department of Commerce, or the	87390
Superintendent or the Division of State Fire Marshal is referred	87391
to in any law, contract, or other document relating to the	87392
functions transferred under this section, the reference shall be	87393
deemed to refer to the Director or Department of Public Safety,	87394
whichever is appropriate.	87395

No action or proceeding pending and no license or	87396
registration issued as of the effective date of this section is	87397
affected by the transfer, and shall be recognized, prosecuted, or	87398
defended in the name of the Director of the Department of Public	87399
Safety. In all such actions, the Director or Department of Public	87400
Safety, upon application to the court, shall be substituted as a	87401
party.	87402

PI & SECURITY GUARD PROVIDER FUND

87403

On January 1, 2004, the PI & Security Guard Provider Fund	87404
(Fund 5B9) shall be transferred from the Department of Commerce to	87405
the Department of Public Safety. At the request of the Director of	87406
Commerce, the Director of Budget and Management may cancel	87407
encumbrances in these funds from the Department of Commerce's	87408
appropriation item 800-632, PI & Security Guard Provider, and	87409
reestablish such encumbrances or parts of encumbrances in fiscal	87410
year 2004 for the same purpose and to the same vendor in the	87411
Department of Public Safety's appropriation item 766-632, PI &	87412
Security Guard Provider. The Director of Budget and Management	87413
shall reduce the appropriation balances in fiscal year 2003 by the	87414
amount of encumbrances cancelled in the funds. As determined by	87415
the Director of Budget and Management, the appropriation authority	87416
necessary to reestablish such encumbrances or parts of	87417
encumbrances in fiscal year 2004 for the Department of Public	87418
Safety is hereby appropriated.	87419

PI & SECURITY GUARD TRANSFER FROM COMMERCE TO PUBLIC SAFETY

87420

Notwithstanding any provision of law to the contrary, the	87421
Director of Budget and Management is authorized to take the	87422
actions described in this section. This section applies to budget	87423
changes made necessary by administrative reorganization, program	87424
transfers, the creation of new funds, and the consolidation of	87425
funds as authorized by this act. The Director of Budget and	87426
Management may make any transfers of cash balances between funds.	87427
At the request of the Office of Budget and Management, the	87428
administering agency head shall certify to the Director the amount	87429
or an estimate of the amount of the cash balance to be transferred	87430
to the receiving fund. The Director may transfer the amount or the	87431
estimate of the amount when needed to make payments. Not more than	87432
thirty days after certifying the estimated amount the	87433
administering agency head shall certify the final amount to the	87434
Director. The Director shall transfer the difference between any	87435
estimated amount previously transferred and the certified final	87436
amount.	87437

Any fiscal year 2003 and 2004 unencumbered or unallotted	87438
appropriation balances may be transferred to the appropriate	87439
appropriation item to be used for the same purposes, as determined	87440
by the Director of Budget and Management.	87441

On January 1, 2004, or the first day of the first pay period	87442
commencing after the effective date of this section, whichever is	87443
later, the licensing and enforcement functions of the Department	87444
of Commerce, Division of Real Estate and Professional Licensing	87445
conducted pursuant to Chapter 4749. of the Revised Code and the	87446
assets, liabilities, any capital spending authority related	87447
thereto, equipment, and records, regardless of form or medium,	87448
relating to those functions are transferred to the Department of	87449
Public Safety. The Department of Public Safety thereupon assumes	87450
these functions.	87451

Any business commenced but not completed by the Director or	87452
Department of Commerce, Division of Real Estate and Professional	87453
Licensing pursuant to Chapter 4749. of the Revised Code on the	87454
effective date of this section relating to the functions	87455
transferred under this section shall be completed by the Director	87456
or Department of Public Safety in the same manner, and with the	87457
same effect, as if completed by the Director or Department of	87458
Commerce, Division of Real Estate and Professional Licensing. No	87459
validation, cure, right, privilege, remedy, obligation, or	87460
liability is lost or impaired by reason of the transfer of	87461
functions required by this section and shall be administered by	87462
the Department of Public Safety. All of the rules, orders, and	87463
determinations enacted or adopted by the Department of Commerce,	87464
Division of Real Estate and Professional Licensing relating to the	87465
transfer of these functions continue in effect as rules, orders,	87466
and determinations of the Department of Public Safety until	87467
modified or rescinded by the Department of Public Safety. If	87468
necessary to ensure the integrity of the numbering of the	87469
Administrative Code, the Director of the Legislative Service	87470
Commission shall renumber the rules of the Department of Commerce,	87471
Division of Real Estate and Professional Licensing enacted or	87472
adopted pursuant to Chapter 4749. of the Revised Code to reflect	87473
their transfer to the Department of Public Safety.	87474

Subject to the layoff provisions of sections 124.321 to	87475
124.328 of the Revised Code, all employees of the Department of	87476
Commerce, Division of Real Estate and Professional Licensing who	87477
perform functions pursuant to Chapter 4749. of the Revised Code	87478
that are transferred under this section are transferred to the	87479
Department of Public Safety. The vehicles and equipment assigned	87480
to such employees are also transferred to the Department of Public	87481
Safety.	87482

Whenever the Director or the Department of Commerce, or the	87483
Superintendent or the Division of Real Estate and Professional	87484
Licensing is referred to in any law, contract, or other document	87485
relating to the functions transferred under this section, the	87486
reference shall be deemed to refer to the Director or Department	87487
of Public Safety, whichever is appropriate.	87488

No action or proceeding pending and no license or	87489
registration issued as of the effective date of this section is	87490
affected by the transfer, and shall be recognized, prosecuted, or	87491
defended in the name of the Director of the Department of Public	87492
Safety. In all such actions, the Director or Department of Public	87493
Safety, upon application to the court, shall be substituted as a	87494
party.	87495

Section 85.  PUC PUBLIC UTILITIES COMMISSION OF OHIO

87496

General Services Fund Group

87497

Federal Special Revenue Fund Group

87504

State Special Revenue Fund Group

87510

Agency Fund Group

87523

COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS PROJECT

87527

The Commercial Vehicle Information Systems and Networks Fund	87528
is hereby created in the state treasury. The Commercial Vehicle	87529
Information Systems and Networks Fund shall receive funding from	87530
the United States Department of Transportation's Commercial	87531
Vehicle Intelligent Transportation System Infrastructure	87532
Deployment Program and shall be used to deploy the Ohio Commercial	87533
Vehicle Information Systems and Networks Project and to expedite	87534
and improve the safety of motor carrier operations through	87535
electronic exchange of data by means of on-highway electronic	87536
systems.	87537

Notwithstanding section 4905.80 of the Revised Code, up to	87538
$435,000 in fiscal year 2004 and $150,000 in fiscal year 2005 of	87539
the foregoing appropriation item 870-618, Hazardous Material	87540
Registration, may be used to pay the state share of the	87541
implementation of the Ohio Commercial Vehicle Information Systems	87542
and Networks Project.	87543

Notwithstanding section 4923.12 of the Revised Code, up to	87544
$435,000 in fiscal year 2004 and $150,000 in fiscal year 2005 of	87545
the foregoing appropriation item 870-620, Civil Forfeitures, may	87546
be used to pay the state share of the implementation of the Ohio	87547
Commercial Vehicle Information Systems and Networks Project.	87548

Section 86. PWC PUBLIC WORKS COMMISSION

87549

General Revenue Fund

87550

Clean Ohio Fund Group

87555

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

87559

The foregoing appropriation item 150-904, Conservation	87560
General Obligation Debt Service, shall be used to pay all debt	87561
service and related financing costs at the times they are required	87562
to be made pursuant to sections 151.01 and 151.09 of the Revised	87563
Code during the period from July 1, 2003, to June 30, 2005. The	87564
Office of the Sinking Fund or the Director of Budget and	87565
Management shall effectuate the required payments by an intrastate	87566
transfer voucher.	87567

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

87568

The foregoing appropriation item 150-907, State Capital	87569
Improvements General Obligation Debt Service, shall be used to pay	87570
all debt service and related financing costs at the times they are	87571
required to be made pursuant to sections 151.01 and 151.08 of the	87572
Revised Code during the period from July 1, 2003, to June 30,	87573
2005. The Office of the Sinking Fund or the Director of Budget and	87574
Management shall effectuate the required payments by an intrastate	87575
transfer voucher.	87576

CLEAN OHIO OPERATING EXPENSES

87577

The foregoing appropriation item 150-403, Clean Ohio	87578
Operating Expenses, shall be used by the Ohio Public Works	87579
Commission in administering sections 164.20 to 164.27 of the	87580
Revised Code.	87581

Section 87.  RAC STATE RACING COMMISSION

87582

State Special Revenue Fund Group

87583

Holding Account Redistribution Fund Group

87591

Section 88.  BOR BOARD OF REGENTS

87597

General Revenue Fund

87598

General Services Fund Group

87668

Federal Special Revenue Fund Group

87673

State Special Revenue Fund Group

87685

Section 88.01. OPERATING EXPENSES

87694

Of the foregoing appropriation item 235-321, Operating	87695
Expenses, up to $500,000 shall be used in fiscal year 2004 to	87696
support the activities of the Commission on Higher Education and	87697
the Economy. The Commission shall recommend a strategy to improve	87698
the quality and efficiency of Ohio's higher education system to	87699
increase effectiveness, eliminate unnecessary duplication, broaden	87700
the use of technology, and determine how higher education can most	87701
effectively support the state's economy, best prepare Ohio	87702
students for Third Frontier jobs, and add to the quality of life	87703
for Ohio's citizens. The Commission shall also study the ten year	87704
plan for higher education in the context of curricula, the number	87705
of higher education institutions, and the number and types of	87706
higher education degrees in relation to the needs created through	87707
the Third Frontier and other high technology economic initiatives.	87708
The Director of Budget and Management may transfer any	87709
unencumbered fiscal year 2004 balance to fiscal year 2005 to	87710
support the activities of the Commission.	87711

LEASE RENTAL PAYMENTS

87712

The foregoing appropriation item 235-401, Lease Rental	87713
Payments, shall be used to meet all payments at the times they are	87714
required to be made during the period from July 1, 2003, to June	87715
30, 2005, by the Board of Regents pursuant to leases and	87716
agreements made under section 154.21 of the Revised Code, but	87717
limited to the aggregate amount of $463,377,100. Nothing in this	87718
act shall be deemed to contravene the obligation of the state to	87719
pay, without necessity for further appropriation, from the sources	87720
pledged thereto, the bond service charges on obligations issued	87721
pursuant to section 154.21 of the Revised Code.	87722

SEA GRANTS

87723

The foregoing appropriation item 235-402, Sea Grants, shall	87724
be disbursed to the Ohio State University and shall be used to	87725
conduct research on fish in Lake Erie.	87726

MATHEMATICS AND SCIENCE TEACHING IMPROVEMENT

87727

Appropriation item 235-403, Math/Science Teaching	87728
Improvement, shall be used by the Board of Regents to support	87729
programs such as OSI - Discovery designed to raise the quality of	87730
mathematics and science teaching in primary and secondary	87731
education.	87732

Of the foregoing appropriation item 235-403, Math/Science	87733
Teaching Improvement, $217,669 in each fiscal year shall be	87734
distributed to the Mathemathics and Science Center in Lake County.	87735

Of the foregoing appropriation item 235-403, Math/Science	87736
Teaching Improvement, $87,068 in fiscal year 2004 and $87,067 in	87737
fiscal year 2005 shall be distributed to the Ohio Mathematics and	87738
Science Coalition.	87739

COLLEGE READINESS INITIATIVES

87740

Appropriation item 235-404, College Readiness Initiatives,	87741
shall be used by the Board of Regents to support programs designed	87742
to improve the academic preparation and increase the number of	87743
students that enroll and succeed in higher education.	87744

MIDWEST HIGHER EDUCATION COMPACT

87745

The foregoing appropriation item 235-408, Midwest Higher	87746
Education Compact, shall be distributed by the Board of Regents	87747
pursuant to section 3333.40 of the Revised Code.	87748

INFORMATION SYSTEM

87749

The foregoing appropriation item 235-409, Information System,	87750
shall be used by the Board of Regents to operate the higher	87751
education information data system known as the Higher Education	87752
Information System.	87753

Section 88.02. JOBS CHALLENGE

87754

Funds appropriated to appropriation item 235-415, Jobs	87755
Challenge, shall be distributed to state-assisted community and	87756
technical colleges, regional campuses of state-assisted	87757
universities, and other organizationally distinct and identifiable	87758
member campuses of the EnterpriseOhio Network in support of	87759
noncredit job-related training. In each fiscal year, $2,770,773	87760
shall be distributed as performance grants to EnterpriseOhio	87761
Network campuses based upon each campus's documented performance	87762
according to criteria established by the Board of Regents for	87763
increasing training and related services to businesses,	87764
industries, and public sector organizations.	87765

Of the foregoing appropriation item 235-415, Jobs Challenge,	87766
$2,819,345 in each fiscal year shall be allocated to the Targeted	87767
Industries Training Grant Program to attract, develop, and retain	87768
business and industry strategically important to the state's	87769
economy.	87770

Also, in each fiscal year, $3,758,182 shall be allocated to	87771
the Higher Skills Incentives Program to promote and deliver	87772
coordinated, comprehensive training to local employers and to	87773
reward EnterpriseOhio Network campuses for increasing the amount	87774
of non-credit skill upgrading services provided to Ohio employers	87775
and employees. The funds shall be distributed to campuses in	87776
proportion to each campus's share of noncredit job-related	87777
training revenues received by all campuses for the previous fiscal	87778
year. It is the intent of the General Assembly that this Higher	87779
Skills Incentives component of the Jobs Challenge Program reward	87780
campus noncredit job-related training efforts in the same manner	87781
that the Research Challenge Program rewards campuses for their	87782
ability to obtain sponsored research revenues.	87783

OHIO LEARNING NETWORK

87784

Appropriation item 235-417, Ohio Learning Network, shall be	87785
used by the Board of Regents to support the continued	87786
implementation of the Ohio Learning Network, a statewide	87787
electronic collaborative effort designed to promote degree	87788
completion of students, workforce training of employees, and	87789
professional development through the use of advanced	87790
telecommunications and distance education initiatives.	87791

ACCESS CHALLENGE

87792

In each fiscal year, the foregoing appropriation item	87793
235-418, Access Challenge, shall be distributed to Ohio's	87794
state-assisted access colleges and universities. For the purposes	87795
of this allocation, "access campuses" includes state-assisted	87796
community colleges, state community colleges, technical colleges,	87797
Shawnee State University, Central State University, Cleveland	87798
State University, the regional campuses of state-assisted	87799
universities, and, where they are organizationally distinct and	87800
identifiable, the community-technical colleges located at the	87801
University of Cincinnati, Youngstown State University, and the	87802
University of Akron.	87803

The purpose of Access Challenge is to reduce the student	87804
share of costs for resident undergraduates enrolled in lower	87805
division undergraduate courses at Ohio's access campuses. The	87806
long-term goal is to make the student share of costs for these	87807
students equivalent to the student share of costs for resident	87808
undergraduate students enrolled throughout Ohio's public colleges	87809
and universities. Access Challenge appropriations shall be used in	87810
both years of the biennium to sustain, as much as possible, the	87811
tuition restraint or tuition reduction that was achieved with	87812
Access Challenge allocations in prior years.	87813

In fiscal year 2004, Access Challenge subsidies shall be	87814
distributed by the Board of Regents to eligible access campuses on	87815
the basis of the average of each campus's share of fiscal year	87816
2001 and 2002 all-terms subsidy-eligible General Studies FTEs. In	87817
fiscal year 2005, Access Challenge subsidies shall be distributed	87818
by the Board of Regents to eligible access campuses on the basis	87819
of the average of each campus's share of fiscal year 2002 and 2003	87820
all-terms subsidy-eligible General Studies FTEs.	87821

For the purposes of this calculation, Cleveland State	87822
University's enrollments shall be adjusted by the ratio of the sum	87823
of subsidy-eligible lower-division FTE student enrollments	87824
eligible for access funding to the sum of subsidy-eligible General	87825
Studies FTE student enrollments at Central State University and	87826
Shawnee State University, and for the following universities and	87827
their regional campuses: the Ohio State University, Ohio	87828
University, Kent State University, Bowling Green State University,	87829
Miami University, the University of Cincinnati, the University of	87830
Akron, and Wright State University.	87831

SUCCESS CHALLENGE

87832

The foregoing appropriation item 235-420, Success Challenge,	87833
shall be used by the Board of Regents to promote degree completion	87834
by students enrolled at a main campus of a state-assisted	87835
university.	87836

In each fiscal year, seventy per cent of the appropriations	87837
shall be distributed to state-assisted university main campuses in	87838
proportion to each campus's share of the total statewide	87839
bachelor's degrees granted by university main campuses to	87840
"at-risk" students. In fiscal years 2004 and 2005, an "at-risk"	87841
student means any undergraduate student who was eligible to	87842
receive an Ohio Instructional Grant during the past ten years. An	87843
eligible institution shall not receive its share of this	87844
distribution until it has submitted a plan that addresses how the	87845
subsidy will be used to better serve at-risk students and increase	87846
their likelihood of successful completion of a bachelor's degree	87847
program. The Board of Regents shall disseminate to all	87848
state-supported institutions of higher education all such plans	87849
submitted by institutions that received Success Challenge funds.	87850

In each fiscal year, thirty per cent of the appropriations	87851
shall be distributed to university main campuses in proportion to	87852
each campus's share of the total bachelor's degrees granted by	87853
university main campuses to undergraduate students who completed	87854
their bachelor's degrees in a "timely manner" in the previous	87855
fiscal year. For the purposes of this section, "timely manner"	87856
means the normal time it would take for a full-time degree-seeking	87857
undergraduate student to complete the student's degree. Generally,	87858
for such students pursuing a bachelor's degree, "timely manner"	87859
means four years. Exceptions to this general rule shall be	87860
permitted for students enrolled in programs specifically designed	87861
to be completed in a longer time period. The Board of Regents	87862
shall collect data to assess the timely completion statistics by	87863
university main campuses.	87864

APPALACHIAN NEW ECONOMY PARTNERSHIP

87865

The foregoing appropriation item 235-428, Appalachian New	87866
Economy Partnership, shall be distributed to Ohio University to	87867
continue a multi-campus and multi-agency coordinated effort to	87868
link Appalachia to the new economy. Ohio University shall use	87869
these funds to provide leadership in the development and	87870
implementation of initiatives in the areas of entrepreneurship,	87871
management, education, and technology.	87872

EMINENT SCHOLARS

87873

The foregoing appropriation item 235-451, Eminent Scholars,	87874
shall be used by the Ohio Board of Regents to establish an Ohio	87875
Eminent Scholars Program, the purpose of which is to invest	87876
educational resources to address problems that are of vital	87877
statewide significance while fostering the growth in eminence of	87878
Ohio's academic programs. Ohio Eminent Scholars endowed chairs	87879
will allow Ohio universities to recruit senior faculty members	87880
from outside Ohio who are nationally and internationally	87881
recognized scholars in areas of science and technology that	87882
provide the basic research platforms on which our technology and	87883
commercialization efforts are built. Endowment grants of	87884
approximately $750,000 to state colleges and universities and	87885
nonprofit Ohio institutions of higher education holding	87886
certificates of authorization issued under section 1713.02 of the	87887
Revised Code to match endowment gifts from nonstate sources may be	87888
made in accordance with a plan established by the Ohio Board of	87889
Regents. Matching nonstate gifts in science and technology	87890
programs shall be $750,000. The grants shall have as their purpose	87891
attracting and sustaining in Ohio scholar-leaders of national or	87892
international prominence; each will assist in accelerating state	87893
economic growth through research that provides an essential basic	87894
science platform for commercialization efforts. Such	87895
scholar-leaders shall, among their duties, share broadly the	87896
benefits and knowledge unique to their fields of scholarship to	87897
the betterment of Ohio and its people and collaborate with other	87898
state technology programs and program recipients.	87899

RESEARCH CHALLENGE

87900

The foregoing appropriation item 235-454, Research Challenge,	87901
shall be used to enhance the basic research capabilities of public	87902
colleges and universities and accredited Ohio institutions of	87903
higher education holding certificates of authorization issued	87904
pursuant to section 1713.02 of the Revised Code, in order to	87905
strengthen academic research for pursuing Ohio's economic	87906
development goals. The Board of Regents, in consultation with the	87907
colleges and universities, shall administer the Research Challenge	87908
Program and utilize a means of matching, on a fractional basis,	87909
external funds attracted in the previous year by institutions for	87910
basic research. The program may include incentives for increasing	87911
the amount of external research funds coming to eligible	87912
institutions and for focusing research efforts upon critical state	87913
needs. Colleges and universities shall submit for review and	87914
approval to the Board of Regents plans for the institutional	87915
allocation of state dollars received through the program. The	87916
institutional plans shall provide the rationale for the allocation	87917
in terms of the strategic targeting of funds for academic and	87918
state purposes, for strengthening research programs, for	87919
increasing the amount of external research funds, and shall	87920
include an evaluation process to provide results of the increased	87921
support. Each institutional plan for the investment of Research	87922
Challenge moneys shall report on existing, planned, and/or	87923
possible relationships with other State of Ohio science and	87924
technology programs and funding recipients in order to further	87925
ongoing statewide science and technology collaboration objectives.	87926
The Board of Regents shall submit a biennial report of progress to	87927
the General Assembly.	87928

ENTERPRISEOHIO NETWORK

87929

The foregoing appropriation item 235-455, EnterpriseOhio	87930
Network, shall be allocated by the Board of Regents to continue	87931
increasing the capabilities of the EnterpriseOhio Network to meet	87932
the ongoing training needs of Ohio employers. Funds shall support	87933
multicampus collaboration, best practice dissemination, and	87934
capacity building projects. The Regents Advisory Committee for	87935
Workforce Development, in its advisory role, shall advise in the	87936
development of plans and activities.	87937

Of the foregoing appropriation item 235-455, EnterpriseOhio	87938
Network, $181,101 in fiscal year 2004 and $176,334 in fiscal year	87939
2005 shall be used by the Dayton Business/Sinclair College Jobs	87940
Profiling Program.	87941

Section 88.03. AREA HEALTH EDUCATION CENTERS

87942

The foregoing appropriation item 235-474, Area Health	87943
Education Centers Program Support, shall be used by the Board of	87944
Regents to support the medical school regional area health	87945
education centers' educational programs for the continued support	87946
of medical and other health professions education and for support	87947
of the Area Health Education Center Program.	87948

Of the foregoing appropriation item 235-474, Area Health	87949
Education Centers Program Support, $174,135 in fiscal year 2004	87950
and $169,782 in fiscal year 2005 shall be disbursed to the Ohio	87951
University College of Osteopathic Medicine to operate a mobile	87952
health care unit to serve the southeastern area of the state. Of	87953
the foregoing appropriation item 235-474, Area Health Education	87954
Centers Program Support, $130,601 in fiscal year 2004 and $127,337	87955
in fiscal year 2005 shall be used to support the Ohio Valley	87956
Community Health Information Network (OVCHIN) project.	87957

ACCESS IMPROVEMENT PROJECTS

87958

The foregoing appropriation item 235-477, Access Improvement	87959
Projects, shall be used by the Board of Regents to support	87960
innovative statewide strategies to increase student access and	87961
retention for specialized populations, and to provide for pilot	87962
projects that will contribute to improving access to higher	87963
education by specialized populations. The funds may be used for	87964
projects that improve access for nonpublic secondary students.	87965

Of the foregoing appropriation item 235-477, Access	87966
Improvement Projects, $798,684 in fiscal year 2004 and $822,645 in	87967
fiscal year 2005 shall be distributed to the Ohio Appalachian	87968
Center for Higher Education at Shawnee State University. The board	87969
of directors of the center shall consist of the presidents of	87970
Shawnee State University, Ohio University, Belmont community	87971
College, Hocking Technical College, Jefferson Community College,	87972
Muskingum Area Technical College, Rio Grande Community College,	87973
Southern State Community College, and Washington State Community	87974
College; the dean of one of the Salem, Tuscarawas, and East	87975
Liverpool regional campuses of Kent State University, as	87976
designated by the president of Kent State University; and a	87977
representative of the Board of Regents designated by the	87978
Chancellor.	87979

Of the foregoing appropriation item 235-477, Access	87980
Improvement Projects, $169,553 in fiscal year 2004 and $174,640 in	87981
fiscal year 2005 shall be distributed to Miami University for the	87982
Student Achievement in Research and Scholarship (STARS) Program.	87983

Section 88.04. STATE SHARE OF INSTRUCTION

87984

As soon as practicable during each fiscal year of the	87985
2003-2005 biennium in accordance with instructions of the Board of	87986
Regents, each state-assisted institution of higher education shall	87987
report its actual enrollment to the Board of Regents.	87988

The Board of Regents shall establish procedures required by	87989
the system of formulas set out below and for the assignment of	87990
individual institutions to categories described in the formulas.	87991
The system of formulas establishes the manner in which aggregate	87992
expenditure requirements shall be determined for each of the three	87993
components of institutional operations. In addition to other	87994
adjustments and calculations described below, the subsidy	87995
entitlement of an institution shall be determined by subtracting	87996
from the institution's aggregate expenditure requirements income	87997
to be derived from the local contributions assumed in calculating	87998
the subsidy entitlements. The local contributions for purposes of	87999
determining subsidy support shall not limit the authority of the	88000
individual boards of trustees to establish fee levels.	88001

The General Studies and Technical models shall be adjusted by	88002
the Board of Regents so that the share of state subsidy earned by	88003
those models is not altered by changes in the overall local share.	88004
A lower-division fee differential shall be used to maintain the	88005
relationship that would have occurred between these models and the	88006
baccalaureate models had an assumed share of 37 per cent been	88007
funded.	88008

In defining the number of full-time equivalent (FTE) students	88009
for state subsidy purposes, the Board of Regents shall exclude all	88010
undergraduate students who are not residents of Ohio, except those	88011
charged in-state fees in accordance with reciprocity agreements	88012
made pursuant to section 3333.17 of the Revised Code or employer	88013
contracts entered into pursuant to section 3333.32 of the Revised	88014
Code.	88015

(A) AGGREGATE EXPENDITURE PER FULL-TIME EQUIVALENT STUDENT

88016

(1) INSTRUCTION AND SUPPORT SERVICES

88017

(2) STUDENT SERVICES

88033

For this purpose, FTE counts shall be weighted to reflect	88034
differences among institutions in the numbers of students enrolled	88035
on a part-time basis. The student services subsidy per FTE shall	88036
be $822 in fiscal year 2004 and $903 in fiscal year 2005 for all	88037
models.	88038

(B) PLANT OPERATION AND MAINTENANCE (POM)

88039

(1) DETERMINATION OF THE SQUARE-FOOT-BASED POM SUBSIDY

88040

Space undergoing renovation shall be funded at the rate	88041
allowed for storage space.	88042

In the calculation of square footage for each campus, square	88043
footage shall be weighted to reflect differences in space	88044
utilization.	88045

The space inventories for each campus shall be those	88046
determined in the fiscal year 2003 state share of instruction	88047
calculation, adjusted for changes attributable to the construction	88048
or renovation of facilities for which state appropriations were	88049
made or local commitments were made prior to January 1, 1995.	88050

Only 50 per cent of the space permanently taken out of	88051
operation in fiscal year 2004 or fiscal year 2005 that is not	88052
otherwise replaced by a campus shall be deleted from the plant	88053
operation and maintenance space inventory.	88054

The square-foot-based plant operation and maintenance subsidy	88055
for each campus shall be determined as follows:	88056

(a) For each standard room type category shown below, the	88057
subsidy-eligible net assignable square feet (NASF) for each campus	88058
shall be multiplied by the following rates, and the amounts summed	88059
for each campus to determine the total gross square-foot-based POM	88060
expenditure requirement:	88061

(b) The total gross square-foot POM expenditure requirement	88070
shall be allocated to models in proportion to FTE enrollments as	88071
reported in enrollment data for all models except Doctoral I and	88072
Doctoral II.	88073

(c) The amounts allocated to models in division (B)(1)(b) of	88074
this section shall be multiplied by the ratio of subsidy-eligible	88075
FTE students to total FTE students reported in each model, and the	88076
amounts summed for all models. To this total amount shall be added	88077
an amount to support roads and grounds expenditures to produce the	88078
total square-foot-based POM subsidy.	88079

(2) DETERMINATION OF THE ACTIVITY-BASED POM SUBSIDY

88080

(a) The number of subsidy-eligible FTE students in each model	88081
shall be multiplied by the following rates for each campus for	88082
each fiscal year.	88083

(b) The sum of the products for each campus determined in	88099
division (B)(2)(a) of this section for all models except Doctoral	88100
I and Doctoral II for each fiscal year shall be weighted by a	88101
factor to reflect sponsored research activity and job	88102
training-related public services expenditures to determine the	88103
total activity-based POM subsidy.	88104

(C) CALCULATION OF CORE SUBSIDY ENTITLEMENTS AND ADJUSTMENTS

88105

(1) CALCULATION OF CORE SUBSIDY ENTITLEMENTS

88106

The calculation of the core subsidy entitlement shall consist	88107
of the following components:	88108

(a) For each campus and for each fiscal year, the core	88109
subsidy entitlement shall be determined by multiplying the amounts	88110
listed above in divisions (A)(1) and (2) and (B)(2) of this	88111
section less assumed local contributions, by (i) average	88112
subsidy-eligible FTEs for the two-year period ending in the prior	88113
year for all models except Doctoral I and Doctoral II; and (ii)	88114
average subsidy-eligible FTEs for the five-year period ending in	88115
the prior year for all models except Doctoral I and Doctoral II.	88116

(b) In calculating the core subsidy entitlements for Medical	88117
II models only, the Board of Regents shall use the following count	88118
of FTE students:	88119

(i) For those medical schools whose current year enrollment,	88120
including students repeating terms, is below the base enrollment,	88121
the Medical II FTE enrollment shall equal: 65 per cent of the base	88122
enrollment plus 35 per cent of the current year enrollment	88123
including students repeating terms, where the base enrollment is:	88124

(ii) For those medical schools whose current year enrollment,	88131
excluding students repeating terms, is equal to or greater than	88132
the base enrollment, the Medical II FTE enrollment shall equal the	88133
base enrollment plus the FTE for repeating students.	88134

(iii) Students repeating terms may be no more than five per	88135
cent of current year enrollment.	88136

(c) The Board of Regents shall compute the sum of the two	88137
calculations listed in division (C)(1)(a) of this section and use	88138
the greater sum as the core subsidy entitlement.	88139

The POM subsidy for each campus shall equal the greater of	88140
the square-foot-based subsidy or the activity-based POM subsidy	88141
component of the core subsidy entitlement.	88142

(d) The state share of instruction provided for doctoral	88143
students shall be based on a fixed percentage of the total	88144
appropriation. In each fiscal year of the biennium not more than	88145
10.34 per cent of the total state share of instruction shall be	88146
reserved to implement the recommendations of the Graduate Funding	88147
Commission. It is the intent of the General Assembly that the	88148
doctoral reserve not exceed 10.34 per cent of the total state	88149
share of instruction to implement the recommendations of the	88150
Graduate Funding Commission. The Board of Regents may reallocate	88151
up to two per cent in each fiscal year of the reserve among the	88152
state-assisted universities on the basis of a quality review as	88153
specified in the recommendations of the Graduate Funding	88154
Commission. No such reallocation shall occur unless the Board of	88155
Regents, in consultation with representatives of state-assisted	88156
universities, determines that sufficient funds are available for	88157
this purpose.	88158

The amount so reserved shall be allocated to universities in	88159
proportion to their share of the total number of Doctoral I	88160
equivalent FTEs as calculated on an institutional basis using the	88161
greater of the two-year or five-year FTEs for the period fiscal	88162
year 1994 through fiscal year 1998 with annualized FTEs for fiscal	88163
years 1994 through 1997 and all-term FTEs for fiscal year 1998 as	88164
adjusted to reflect the effects of doctoral review and subsequent	88165
changes in Doctoral I equivalent enrollments. For the purposes of	88166
this calculation, Doctoral I equivalent FTEs shall equal the sum	88167
of Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs.	88168

(2) ANNUAL STATE SHARE OF INSTRUCTION FUNDING GUARANTEE

88169

In addition to and after the other adjustment noted above, in	88170
fiscal years 2004 and 2005 each campus shall have its state share	88171
of instruction adjusted to the extent necessary to meet the	88172
following provisions:	88173

(a) If the total state share of instruction appropriation	88174
relative to the prior year is 102 per cent or greater, no campus	88175
shall receive a state share of instruction allocation that is less	88176
than 99 per cent of the prior year's state share of instruction	88177
amount;	88178

(b) If the total state share of instruction appropriation	88179
relative to the prior year is greater than 95 per cent but less	88180
than 102 per cent, no campus shall receive a state share of	88181
instruction allocation that is less than three percentage points	88182
below the percentage change in the total state share of	88183
instruction percentage change;	88184

(c) If the total share of instruction appropriation relative	88185
to the prior year is 95 per cent or less, no campus shall receive	88186
a state share of instruction allocation that is less than 2.5	88187
percentage points below the percentage change in the total state	88188
share of instruction percentage change.	88189

(3) CAPITAL COMPONENT DEDUCTION

88190

After all other adjustments have been made, state share of	88191
instruction earnings shall be reduced for each campus by the	88192
amount, if any, by which debt service charged in Am. H.B. No. 748	88193
of the 121st General Assembly, Am. Sub. H.B. No. 850 of the 122nd	88194
General Assembly, Am. H.B. No. 640 of the 123rd General Assembly,	88195
and H.B. No. 675 of the 124th General Assembly for that campus	88196
exceeds that campus's capital component earnings. The sum of the	88197
amounts deducted shall be transferred to appropriation item	88198
235-552, Capital Component, in each fiscal year.	88199

(D) REDUCTIONS IN EARNINGS

88200

If the total state share of instruction earnings in any	88201
fiscal year exceed the total appropriations available for such	88202
purposes, the Board of Regents shall proportionately reduce the	88203
state share of instruction earnings for all campuses by a uniform	88204
percentage so that the system wide sum equals available	88205
appropriations.	88206

(E) EXCEPTIONAL CIRCUMSTANCES

88207

Adjustments may be made to the state share of instruction	88208
payments and other subsidies distributed by the Board of Regents	88209
to state-assisted colleges and universities for exceptional	88210
circumstances. No adjustments for exceptional circumstances may be	88211
made without the recommendation of the Chancellor and the approval	88212
of the Controlling Board.	88213

(F) MID-YEAR APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	88214
INSTRUCTION	88215

The standard provisions of the state share of instruction	88216
calculation as described in the preceding sections of temporary	88217
law shall apply to any reductions made to appropriation line item	88218
235-501, State Share of Instruction, before the Board of Regents	88219
has formally approved the final allocation of the state share of	88220
instruction funds for any fiscal year.	88221

Any reductions made to appropriation line item 235-501, State	88222
Share of Instruction, after the Board of Regents has formally	88223
approved the final allocation of the state share of instruction	88224
funds for any fiscal year, shall be uniformly applied to each	88225
campus in proportion to its share of the final allocation.	88226

(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

88227

The state share of instruction payments to the institutions	88228
shall be in substantially equal monthly amounts during the fiscal	88229
year, unless otherwise determined by the Director of Budget and	88230
Management pursuant to section 126.09 of the Revised Code.	88231
Payments during the first six months of the fiscal year shall be	88232
based upon the state share of instruction appropriation estimates	88233
made for the various institutions of higher education according to	88234
Board of Regents enrollment estimates. Payments during the last	88235
six months of the fiscal year shall be distributed after approval	88236
of the Controlling Board upon the request of the Board of Regents.	88237

(H) LAW SCHOOL SUBSIDY

88238

The state share of instruction to state-supported	88239
universities for students enrolled in law schools in fiscal year	88240
2004 and fiscal year 2005 shall be calculated by using the number	88241
of subsidy-eligible FTE law school students funded by state	88242
subsidy in fiscal year 1995 or the actual number of	88243
subsidy-eligible FTE law school students at the institution in the	88244
fiscal year, whichever is less.	88245

Section 88.05.  HIGHER EDUCATION - BOARD OF TRUSTEES

88246

Funds appropriated for instructional subsidies at colleges	88247
and universities may be used to provide such branch or other	88248
off-campus undergraduate courses of study and such master's degree	88249
courses of study as may be approved by the Board of Regents.	88250

In providing instructional and other services to students,	88251
boards of trustees of state-assisted institutions of higher	88252
education shall supplement state subsidies by income from charges	88253
to students. Each board shall establish the fees to be charged to	88254
all students, including an instructional fee for educational and	88255
associated operational support of the institution and a general	88256
fee for noninstructional services, including locally financed	88257
student services facilities used for the benefit of enrolled	88258
students. The instructional fee and the general fee shall	88259
encompass all charges for services assessed uniformly to all	88260
enrolled students. Each board may also establish special purpose	88261
fees, service charges, and fines as required; such special purpose	88262
fees and service charges shall be for services or benefits	88263
furnished individual students or specific categories of students	88264
and shall not be applied uniformly to all enrolled students. A	88265
tuition surcharge shall be paid by all students who are not	88266
residents of Ohio.	88267

The boards of trustees of individual state-assisted	88268
universities, university branch campuses, community colleges,	88269
state community colleges, and technical colleges shall limit	88270
in-state undergraduate instructional and general fee increases for	88271
an academic year over the amounts charged in the prior academic	88272
year to no more than six per cent. In addition to the six per cent	88273
main campus in-state undergraduate instructional and general fee	88274
increase limit established in this section, the Board of Trustees	88275
of The Ohio State University may authorize an additional	88276
university main campus in-state undergraduate instructional and	88277
general fee increase of three per cent for academic years	88278
2003-2004 and 2004-2005. Except for the board of trustees of the	88279
Ohio State University, the boards of trustees of individual	88280
state-assisted universities, university branch campuses, community	88281
colleges, state community colleges, and technical colleges shall	88282
not authorize combined instructional and general fee increases of	88283
more than six per cent in a single vote. The board of trustees of	88284
The Ohio State University shall not authorize combined	88285
instructional and general fee increases of more than nine per cent	88286
in a single vote. The boards of trustees of individual	88287
state-assisted universities, university branch campuses, community	88288
colleges, state community colleges, and technical colleges may	88289
authorize an additional three per cent increase in in-state	88290
undergraduate instructional and general fees in a separate vote.	88291
The additional increase shall only be used for providing	88292
scholarships to low-income students, to be known as Access	88293
Scholarship Grants, or for any other special purpose that the	88294
Board of Regents has approved. These fee increase limitations	88295
apply even if an institutional board of trustees has, prior to the	88296
effective date of this section, voted to assess a higher fee for	88297
the 2003-2004 academic year. These limitations shall not apply to	88298
increases required to comply with institutional covenants related	88299
to their obligations or to meet unfunded legal mandates or legally	88300
binding obligations incurred or commitments made prior to the	88301
effective date of this act with respect to which the institution	88302
had identified such fee increases as the source of funds. Any	88303
increase required by such covenants and any such mandates,	88304
obligations, or commitments shall be reported by the Board of	88305
Regents to the Controlling Board. These limitations may also be	88306
modified by the Board of Regents, with the approval of the	88307
Controlling Board, to respond to exceptional circumstances as	88308
identified by the Board of Regents.	88309

For purposes of calculating the instructional and general	88310
fees charged in the prior academic year in implementing the	88311
instructional and general fee increase limitations, the	88312
instructional and general fees during an academic year for any	88313
state-assisted institution of higher education on the quarter	88314
system that does not increase its instructional and general fees	88315
during the summer term shall be defined as the sum of the	88316
instructional and general fees charged to a full-time student in	88317
the fall, winter, and spring quarters.	88318

For purposes of calculating the instructional and general	88319
fees charged in the prior academic year in implementing the	88320
instructional and general fee increase limitations, the	88321
instructional and general fees during an academic year for any	88322
state-assisted institution of higher education on the quarter	88323
system that does increase its instructional and general fees	88324
during the summer term shall be defined as three-fourths of the	88325
sum of the instructional and general fees charged to a full-time	88326
student in the fall, winter, spring, and summer quarters.	88327

For purposes of calculating the instructional and general	88328
fees charged in the prior academic year in implementing the	88329
instructional and general fee increase limitations, the	88330
instructional and general fees during an academic year for any	88331
state-assisted institution of higher education on the semester	88332
system that does not increase its instructional and general fees	88333
during the summer term shall be defined as the sum of the	88334
instructional and general fees charged to a full-time student in	88335
the fall and spring semesters.	88336

For purposes of calculating the instructional and general	88337
fees charged in the prior academic year in implementing the	88338
instructional and general fee increase limitations, the	88339
instructional and general fees during an academic year for any	88340
state-assisted institution of higher education on the semester	88341
system that does increase its instructional and general fees	88342
during the summer term shall be defined as two-thirds of the sum	88343
of the instructional and general fees charged to a full-time	88344
student in the fall, spring, and summer semesters.	88345

The board of trustees of a state-assisted institution of	88346
higher education shall not authorize a waiver or nonpayment of	88347
instructional fees or general fees for any particular student or	88348
any class of students other than waivers specifically authorized	88349
by law or approved by the Chancellor. This prohibition is not	88350
intended to limit the authority of boards of trustees to provide	88351
for payments to students for services rendered the institution,	88352
nor to prohibit the budgeting of income for staff benefits or for	88353
student assistance in the form of payment of such instructional	88354
and general fees. Each state-assisted institution of higher	88355
education in its statement of charges to students shall separately	88356
identify the instructional fee, the general fee, the tuition	88357
charge, and the tuition surcharge. Fee charges to students for	88358
instruction shall not be considered to be a price of service but	88359
shall be considered to be an integral part of the state government	88360
financing program in support of higher educational opportunity for	88361
students.	88362

In providing the appropriations in support of instructional	88363
services at state-assisted institutions of higher education and	88364
the appropriations for other instruction it is the intent of the	88365
General Assembly that faculty members shall devote a proper and	88366
judicious part of their work week to the actual instruction of	88367
students. Total class credit hours of production per quarter per	88368
full-time faculty member is expected to meet the standards set	88369
forth in the budget data submitted by the Board of Regents.	88370

The authority of government vested by law in the boards of	88371
trustees of state-assisted institutions of higher education shall	88372
in fact be exercised by those boards. Boards of trustees may	88373
consult extensively with appropriate student and faculty groups.	88374
Administrative decisions about the utilization of available	88375
resources, about organizational structure, about disciplinary	88376
procedure, about the operation and staffing of all auxiliary	88377
facilities, and about administrative personnel shall be the	88378
exclusive prerogative of boards of trustees. Any delegation of	88379
authority by a board of trustees in other areas of responsibility	88380
shall be accompanied by appropriate standards of guidance	88381
concerning expected objectives in the exercise of such delegated	88382
authority and shall be accompanied by periodic review of the	88383
exercise of this delegated authority to the end that the public	88384
interest, in contrast to any institutional or special interest,	88385
shall be served.	88386

Section 88.06. STUDENT SUPPORT SERVICES

88387

The foregoing appropriation item 235-502, Student Support	88388
Services, shall be distributed by the Board of Regents to Ohio's	88389
state-assisted colleges and universities that incur	88390
disproportionate costs in the provision of support services to	88391
disabled students.	88392

OHIO INSTRUCTIONAL GRANTS

88393

Notwithstanding section 3333.12 of the Revised Code, in lieu	88394
of the tables in that section, instructional grants for all	88395
full-time students shall be made for fiscal year 2004 using the	88396
tables under this heading.	88397

The tables under this heading prescribe the maximum grant	88398
amounts covering two semesters, three quarters, or a comparable	88399
portion of one academic year. The grant amount for a full-time	88400
student enrolled in an eligible institution for a semester or	88401
quarter in addition to the portion of the academic year covered by	88402
a grant determined under these tables shall be a percentage of the	88403
maximum prescribed in the applicable table. The maximum grant for	88404
a fourth quarter shall be one-third of the maximum amount	88405
prescribed under the table. The maximum grant for a third semester	88406
shall be one-half of the maximum amount prescribed under the	88407
table.	88408

For a full-time student who is a dependent and enrolled in a	88409
nonprofit educational institution that is not a state-assisted	88410
institution and that has a certificate of authorization issued	88411
pursuant to Chapter 1713. of the Revised Code, the amount of the	88412
instructional grant for two semesters, three quarters, or a	88413
comparable portion of the academic year shall be determined in	88414
accordance with the following table:	88415

Private Institution

88416

Table of Grants

88417

For a full-time student who is financially independent and	88438
enrolled in a nonprofit educational institution that is not a	88439
state-assisted institution and that has a certificate of	88440
authorization issued pursuant to Chapter 1713. of the Revised	88441
Code, the amount of the instructional grant for two semesters,	88442
three quarters, or a comparable portion of the academic year shall	88443
be determined in accordance with the following table:	88444

Private Institution

88445

Table of Grants

88446

For a full-time student who is a dependent and enrolled in an	88468
educational institution that holds a certificate of registration	88469
from the state board of career colleges and schools or a private	88470
institution exempt from regulation under Chapter 3332. of the	88471
Revised Code as prescribed in section 3333.046 of the Revised	88472
Code, the amount of the instructional grant for two semesters,	88473
three quarters, or a comparable portion of the academic year shall	88474
be determined in accordance with the following table:	88475

Career Institution

88476

Table of Grants

88477

For a full-time student who is financially independent and	88498
enrolled in an educational institution that holds a certificate of	88499
registration from the state board of career colleges and schools	88500
or a private institution exempt from regulation under Chapter	88501
3332. of the Revised Code as prescribed in section 3333.046 of the	88502
Revised Code, the amount of the instructional grant for two	88503
semesters, three quarters, or a comparable portion of the academic	88504
year shall be determined in accordance with the following table:	88505

Career Institution

88506

Table of Grants

88507

For a full-time student who is a dependent and enrolled in a	88529
state-assisted educational institution, the amount of the	88530
instructional grant for two semesters, three quarters, or a	88531
comparable portion of the academic year shall be determined in	88532
accordance with the following table:	88533

Public Institution

88534

Table of Grants

88535

For a full-time student who is financially independent and	88556
enrolled in a state-assisted educational institution, the amount	88557
of the instructional grant for two semesters, three quarters, or a	88558
comparable portion of the academic year shall be determined in	88559
accordance with the following table:	88560

Public Institution

88561

Table of Grants

88562

The foregoing appropriation item 235-503, Ohio Instructional	88584
Grants, shall be used to make the payments authorized by division	88585
(C) of section 3333.26 of the Revised Code to the institutions	88586
described in that division. In addition, this appropriation shall	88587
be used to reimburse the institutions described in division (B) of	88588
section 3333.26 of the Revised Code for the cost of the waivers	88589
required by that division.	88590

The unencumbered balance of appropriation item 235-503, Ohio	88591
Instructional Grants, at the end of fiscal year 2004 shall be	88592
transferred to fiscal year 2005 for use under the same	88593
appropriation item. The amounts transferred are hereby	88594
appropriated.	88595

WAR ORPHANS SCHOLARSHIPS

88596

The foregoing appropriation item 235-504, War Orphans	88597
Scholarships, shall be used to reimburse state-assisted	88598
institutions of higher education for waivers of instructional fees	88599
and general fees provided by them, to provide grants to	88600
institutions that have received a certificate of authorization	88601
from the Ohio Board of Regents under Chapter 1713. of the Revised	88602
Code, in accordance with the provisions of section 5910.04 of the	88603
Revised Code, and to fund additional scholarship benefits provided	88604
by section 5910.032 of the Revised Code.	88605

Section 88.07. AIR FORCE INSTITUTE OF TECHNOLOGY

88606

The foregoing appropriation item 235-508, Air Force Institute	88607
of Technology, shall be used to strengthen the research and	88608
educational linkages between the Wright Patterson Air Force Base	88609
and institutions of higher education in Ohio. Of the foregoing	88610
appropriation item 235-508, Air Force Institute of Technology,	88611
$1,380,000 in fiscal year 2004 and $1,380,000 in fiscal year 2005	88612
shall be used for research projects that connect the Air Force	88613
Research Laboratories with university partners. The institute	88614
shall provide annual reports to the Third Frontier Commission,	88615
that discuss existing, planned, or possible collaborations between	88616
programs and funding recipients related to technology, research	88617
development, commercialization, and support for Ohio's economic	88618
development.	88619

Of the foregoing appropriation item 235-508, Air Force	88620
Institute of Technology, $500,000 in each fiscal year shall be	88621
used to match federal dollars to support the Wright Brothers	88622
Institute. Funds shall be used by the Wright Brothers Institute to	88623
create or expand Ohio-based technology and commercial development	88624
collaborations between industry, academia, and government in areas	88625
which include carbon nano-tube materials technology, genome-based	88626
biotechnology, knowledge-creation information technology,	88627
cognitive systems modeling and engineering, or other related	88628
projects as deemed appropriate by the institute.	88629

Of the foregoing appropriation item 235-508, Air Force	88630
Institute of Technology, $316,523 in fiscal year 2004 and $273,860	88631
in fiscal year 2005 shall be used to directly support	88632
collaborative research between academia, industry, and the Air	88633
Force for Wright Brothers Institute Nanomaterials and Advanced	88634
Data Management and Analysis.	88635

OHIO SUPERCOMPUTER CENTER

88636

The foregoing appropriation item 235-510, Ohio Supercomputer	88637
Center, shall be used by the Board of Regents to support the	88638
operation of the center, located at The Ohio State University, as	88639
a statewide resource available to Ohio research universities both	88640
public and private. It is also intended that the center be made	88641
accessible to private industry as appropriate. Policies of the	88642
center shall be established by a governance committee,	88643
representative of Ohio's research universities and private	88644
industry, to be appointed by the Chancellor of the Board of	88645
Regents and established for this purpose.	88646

The Ohio Supercomputer Center shall report on expanding	88647
solutions-oriented, computational science services to industrial	88648
and other customers, including alignment programs and recipients,	88649
and develop a plan for a computational science initiative in	88650
collaboration with the Wright Centers of Innovation program and	88651
the Computer Science Graduate Studies Program.	88652

COOPERATIVE EXTENSION SERVICE

88653

The foregoing appropriation item 235-511, Cooperative	88654
Extension Service, shall be disbursed through the Board of Regents	88655
to The Ohio State University in monthly payments, unless otherwise	88656
determined by the Director of Budget and Management pursuant to	88657
section 126.09 of the Revised Code.	88658

Of the foregoing appropriation item 235-511, Cooperative	88659
Extension Service, $182,842 in fiscal year 2004 and $178,271 in	88660
fiscal year 2005 shall be used for additional staffing for county	88661
agents for expanded 4-H activities. Of the foregoing appropriation	88662
item 235-511, Cooperative Extension Service, $182,842 in fiscal	88663
year 2004 and $178,271 in fiscal year 2005 shall be used by the	88664
Cooperative Extension Service, through the Enterprise Center for	88665
Economic Development in cooperation with other agencies, for a	88666
public-private effort to create and operate a small business	88667
economic development program to enhance the development of	88668
alternatives to the growing of tobacco, and implement, through	88669
applied research and demonstration, the production and marketing	88670
of other high-value crops and value-added products. Of the	88671
foregoing appropriation item 235-511, Cooperative Extension	88672
Service, $56,594 in fiscal year 2004 and $55,179 in fiscal year	88673
2005 shall be used for farm labor mediation and education	88674
programs. Of the foregoing appropriation item 235-511, Cooperative	88675
Extension Service, $187,195 in fiscal year 2004 and $182,515 in	88676
fiscal year 2005 shall be used to support the Ohio State	88677
University Marion Enterprise Center.	88678

Of the foregoing appropriation item 235-511, Cooperative	88679
Extension Service, $792,750 in fiscal year 2004 and $772,931 in	88680
fiscal year 2005 shall be used to support the Ohio Watersheds	88681
Initiative.	88682

CENTRAL STATE SUPPLEMENT

88683

The foregoing appropriation item 235-514, Central State	88684
Supplement, shall be used by Central State University to keep	88685
undergraduate fees below the statewide average, consistent with	88686
its mission of service to many first-generation college students	88687
from groups historically underrepresented in higher education and	88688
from families with limited incomes.	88689

PERFORMANCE STANDARDS FOR MEDICAL EDUCATION

88690

The Board of Regents, in consultation with the state-assisted	88691
medical colleges, shall develop performance standards for medical	88692
education. Special emphasis in the standards shall be placed on	88693
attempting to ensure that at least 50 per cent of the aggregate	88694
number of students enrolled in state-assisted medical colleges	88695
continue to enter residency as primary care physicians. Primary	88696
care physicians are general family practice physicians, general	88697
internal medicine practitioners, and general pediatric care	88698
physicians. The Board of Regents shall monitor medical school	88699
performance in relation to their plans for reaching the 50 per	88700
cent systemwide standard for primary care physicians.	88701

Section 88.08. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	88702
MEDICINE	88703

The foregoing appropriation item 235-515, Case Western	88704
Reserve University School of Medicine, shall be disbursed to Case	88705
Western Reserve University through the Board of Regents in	88706
accordance with agreements entered into as provided for by section	88707
3333.10 of the Revised Code, provided that the state support per	88708
full-time medical student shall not exceed that provided to	88709
full-time medical students at state universities.	88710

FAMILY PRACTICE, GERIATRIC MEDICINE, AND PRIMARY CARE	88711
RESIDENCIES	88712

The Board of Regents shall develop plans consistent with	88713
existing criteria and guidelines as may be required for the	88714
distribution of appropriation items 235-519, Family Practice,	88715
235-525, Geriatric Medicine, and 235-526, Primary Care	88716
Residencies.	88717

SHAWNEE STATE SUPPLEMENT

88718

The foregoing appropriation item 235-520, Shawnee State	88719
Supplement, shall be used by Shawnee State University as detailed	88720
by both of the following:	88721

(A) To allow Shawnee State University to keep its	88722
undergraduate fees below the statewide average, consistent with	88723
its mission of service to an economically depressed Appalachian	88724
region;	88725

(B) To allow Shawnee State University to employ new faculty	88726
to develop and teach in new degree programs that meet the needs of	88727
Appalachians.	88728

POLICE AND FIRE PROTECTION

88729

The foregoing appropriation item 235-524, Police and Fire	88730
Protection, shall be used for police and fire services in the	88731
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	88732
Portsmouth, Xenia Township (Greene County), and Rootstown	88733
Township, that may be used to assist these local governments in	88734
providing police and fire protection for the central campus of the	88735
state-affiliated university located therein. Each participating	88736
municipality and township shall receive at least $5,000 each year.	88737
Funds shall be distributed according to the methodology employed	88738
by the Board of Regents in the previous biennium.	88739

PRIMARY CARE RESIDENCIES

88740

The foregoing appropriation item 235-526, Primary Care	88741
Residencies, shall be distributed in each fiscal year of the	88742
biennium, based on whether or not the institution has submitted	88743
and gained approval for a plan. If the institution does not have	88744
an approved plan, it shall receive five per cent less funding per	88745
student than it would have received from its annual allocation.	88746
The remaining funding shall be distributed among those	88747
institutions that meet or exceed their targets.	88748

OHIO AEROSPACE INSTITUTE

88749

The foregoing appropriation item 235-527, Ohio Aerospace	88750
Institute, shall be distributed by the Board of Regents under	88751
section 3333.042 of the Revised Code.	88752

ACADEMIC SCHOLARSHIPS

88753

The foregoing appropriation item 235-530, Academic	88754
Scholarships, shall be used to provide academic scholarships to	88755
students under section 3333.22 of the Revised Code.	88756

STUDENT CHOICE GRANTS

88757

The foregoing appropriation item 235-531, Student Choice	88758
Grants, shall be used to support the Student Choice Grant Program	88759
created by section 3333.27 of the Revised Code. The unencumbered	88760
balance of appropriation item 235-531, Student Choice Grants, at	88761
the end of fiscal year 2004 shall be transferred to fiscal year	88762
2005 for use under the same appropriation item to maintain grant	88763
award amounts in fiscal year 2005 equal to the awards provided in	88764
fiscal year 2004. The amounts transferred are hereby appropriated.	88765

STUDENT WORKFORCE DEVELOPMENT GRANTS

88766

The foregoing appropriation item 235-534, Student Workforce	88767
Development Grants, shall be used to support the Student Workforce	88768
Development Grant Program. Of the appropriated funds available,	88769
the Board of Regents shall distribute grants to each eligible	88770
student in an academic year. The size of each grant award shall be	88771
determined by the Board of Regents based on the amount of funds	88772
available for the program.	88773

OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT CENTER

88774

The foregoing appropriation item 235-535, Ohio Agricultural	88775
Research and Development Center, shall be disbursed through the	88776
Board of Regents to The Ohio State University in monthly payments,	88777
unless otherwise determined by the Director of Budget and	88778
Management pursuant to section 126.09 of the Revised Code. The	88779
Ohio Agricultural Research and Development Center shall not be	88780
required to remit payment to The Ohio State University during the	88781
2003-2005 biennium for cost reallocation assessments. The cost	88782
reallocation assessments include, but are not limited to, any	88783
assessment on state appropriations to the center. The Ohio	88784
Agricultural Research and Development Center, in conjunction with	88785
the Third Frontier Commission, shall provide for an independently	88786
evaluated self-study of research excellence and commercial	88787
relevance in a manner to be prescribed by the Third Frontier	88788
Commission.	88789

Of the foregoing appropriation item 235-535, Ohio	88790
Agricultural Research and Development Center, $470,164 in fiscal	88791
year 2004 and $458,410 in fiscal year 2005 shall be used to	88792
purchase equipment.	88793

Of the foregoing appropriation item 235-535, Ohio	88794
Agricultural Research and Development Center, $827,141 in fiscal	88795
year 2004 and $806,463 in fiscal year 2005 shall be distributed to	88796
the Piketon Agricultural Research and Extension Center.	88797

Of the foregoing appropriation item 235-535, Ohio	88798
Agricultural Research and Development Center, $217,669 in fiscal	88799
year 2004 and $212,227 in fiscal year 2005 shall be distributed to	88800
the Raspberry/Strawberry-Ellagic Acid Research program at the Ohio	88801
State University Medical College in cooperation with the Ohio	88802
State University College of Agriculture.	88803

Of the foregoing appropriation item 235-535, Ohio	88804
Agricultural Research and Development Center, $43,534 in fiscal	88805
year 2004 and $42,445 in fiscal year 2005 shall be used to support	88806
the Ohio Berry Administrator.	88807

Of the foregoing appropriation item 235-535, Ohio	88808
Agricultural Research and Development Center, $87,067 in fiscal	88809
year 2004 and $84,890 in fiscal year 2005 shall be used for the	88810
development of agricultural crops and products not currently in	88811
widespread production in Ohio, in order to increase the income and	88812
viability of family farmers.	88813

STATE UNIVERSITY CLINICAL TEACHING

88814

The foregoing appropriation items 235-536, The Ohio State	88815
University Clinical Teaching; 235-537, University of Cincinnati	88816
Clinical Teaching; 235-538, Medical College of Ohio at Toledo	88817
Clinical Teaching; 235-539, Wright State University Clinical	88818
Teaching; 235-540, Ohio University Clinical Teaching; and 235-541,	88819
Northeastern Ohio Universities College of Medicine Clinical	88820
Teaching, shall be distributed through the Board of Regents.	88821

Of the foregoing appropriation item 235-539, Wright State	88822
University Clinical Teaching, $124,644 in each fiscal year of the	88823
biennium shall be for the use of Wright State University's Ellis	88824
Institute for Clinical Teaching Studies to operate the clinical	88825
facility to serve the Greater Dayton area.	88826

SCHOOL OF INTERNATIONAL BUSINESS

88827

Of the foregoing appropriation item 235-547, School of	88828
International Business, $901,975 in fiscal year 2004 and $879,426	88829
in fiscal year 2005 shall be used for the continued development	88830
and support of the School of International Business of the state	88831
universities of northeast Ohio. The money shall go to the	88832
University of Akron. These funds shall be used by the university	88833
to establish a School of International Business located at the	88834
University of Akron. It may confer with Kent State University,	88835
Youngstown State University, and Cleveland State University as to	88836
the curriculum and other matters regarding the school.	88837

Of the foregoing appropriation item 235-547, School of	88838
International Business, $181,318 in fiscal year 2004 and $176,785	88839
in fiscal year 2005 shall be used by the University of Toledo	88840
College of Business for expansion of its international business	88841
programs.	88842

Of the foregoing appropriation item 235-547, School of	88843
International Business, $181,318 in fiscal year 2004 and $176,785	88844
in fiscal year 2005 shall be used to support the Ohio State	88845
University BioMEMS program.	88846

PART-TIME STUDENT INSTRUCTIONAL GRANTS

88847

The foregoing appropriation item 235-549, Part-time Student	88848
Instructional Grants, shall be used to support a grant program for	88849
part-time undergraduate students who are Ohio residents and who	88850
are enrolled in degree granting programs.	88851

Eligibility for participation in the program shall include	88852
degree granting educational institutions that hold a certificate	88853
of registration from the State Board of Career Colleges and	88854
Schools, and nonprofit institutions that have a certificate of	88855
authorization issued pursuant to Chapter 1713. of the Revised	88856
Code, as well as state-assisted colleges and universities. Grants	88857
shall be given to students on the basis of need, as determined by	88858
the college, which, in making these determinations, shall give	88859
special consideration to single-parent heads-of-household and	88860
displaced homemakers who enroll in an educational degree program	88861
that prepares the individual for a career. In determining need,	88862
the college also shall consider the availability of educational	88863
assistance from a student's employer. It is the intent of the	88864
General Assembly that these grants not supplant such assistance.	88865

Section 88.09. CAPITAL COMPONENT

88866

The foregoing appropriation item 235-552, Capital Component,	88867
shall be used by the Board of Regents to implement the capital	88868
funding policy for state-assisted colleges and universities	88869
established in Am. H.B. No. 748 of the 121st General Assembly.	88870
Appropriations from this item shall be distributed to all campuses	88871
for which the estimated campus debt service attributable to new	88872
qualifying capital projects is less than the campus's	88873
formula-determined capital component allocation. Campus	88874
allocations shall be determined by subtracting the estimated	88875
campus debt service attributable to new qualifying capital	88876
projects from the campus's formula-determined capital component	88877
allocation. Moneys distributed from this appropriation item shall	88878
be restricted to capital-related purposes.	88879

Any campus for which the estimated campus debt service	88880
attributable to qualifying capital projects is greater than the	88881
campus's formula-determined capital component allocation shall	88882
have the difference subtracted from its State Share of Instruction	88883
allocation in each fiscal year. The sum of all such amounts shall	88884
be transferred from appropriation item 235-501, State Share of	88885
Instruction, to appropriation item 235-552, Capital Component.	88886

DAYTON AREA GRADUATE STUDIES INSTITUTE

88887

The foregoing appropriation item 235-553, Dayton Area	88888
Graduate Studies Institute, shall be used by the Board of Regents	88889
to support the Dayton Area Graduate Studies Institute, an	88890
engineering graduate consortium of three universities in the	88891
Dayton area: Wright State University, the University of Dayton,	88892
and the Air Force Institute of Technology, with the participation	88893
of the University of Cincinnati and The Ohio State University.	88894

Of the foregoing appropriation item 235-553, Dayton Area	88895
Graduate Studies Institute, $497,666 in fiscal year 2004 and	88896
$417,053 in fiscal year 2005 shall be used to directly support	88897
collaborative research between academia, industry, and the Air	88898
Force for Wright Brothers Institute Nanomaterials and Advanced	88899
Data Management and Analysis.	88900

COMPUTER SCIENCE GRADUATE EDUCATION

88901

The foregoing appropriation item 235-554, Computer Science	88902
Graduate Education, shall be used by the Board of Regents to	88903
support improvements in graduate programs in computer science at	88904
state-assisted universities. Up to $174,135 in fiscal year 2004,	88905
and up to $169,782 in fiscal year 2005, may be used to support	88906
collaborative efforts in graduate education in this program area.	88907
The collaborative program shall be coordinated by the Ohio	88908
Supercomputer Center.	88909

OHIO ACADEMIC RESOURCES NETWORK (OARNET)

88910

The foregoing appropriation item 235-556, Ohio Academic	88911
Resources Network, shall be used to support the operations of the	88912
Ohio Academic Resources Network, which shall include support for	88913
Ohio's state-assisted colleges and universities in maintaining and	88914
enhancing network connections. The network shall give priority to	88915
supporting the Third Frontier Network and allocating bandwidth to	88916
programs directly supporting Ohio's economic development.	88917

LONG-TERM CARE RESEARCH

88918

The foregoing appropriation item 235-558, Long-term Care	88919
Research, shall be disbursed to Miami University for long-term	88920
care research.	88921

BOWLING GREEN STATE UNIVERSITY CANADIAN STUDIES CENTER

88922

The foregoing appropriation item 235-561, Bowling Green State	88923
University Canadian Studies Center, shall be used by the Canadian	88924
Studies Center at Bowling Green State University to study	88925
opportunities for Ohio and Ohio businesses to benefit from the	88926
Free Trade Agreement between the United States and Canada.	88927

THE OHIO STATE UNIVERSITY CLINIC SUPPORT

88928

The foregoing appropriation item 235-572, The Ohio State	88929
University Clinic Support, shall be distributed through the Board	88930
of Regents to The Ohio State University for support of dental and	88931
veterinary medicine clinics.	88932

Section 88.10. URBAN UNIVERSITY PROGRAMS

88933

Of the foregoing appropriation item 235-583, Urban University	88934
Programs, universities receiving funds that are used to support an	88935
ongoing university unit shall certify periodically in a manner	88936
approved by the Board of Regents that program funds are being	88937
matched on a one-to-one basis with equivalent resources. Overhead	88938
support may not be used to meet this requirement. Where Urban	88939
University Program funds are being used to support an ongoing	88940
university unit, matching funds shall come from continuing rather	88941
than one-time sources. At each participating state-assisted	88942
institution of higher education, matching funds shall be within	88943
the substantial control of the individual designated by the	88944
institution's president as the Urban University Program	88945
representative.	88946

Of the foregoing appropriation item 235-583, Urban University	88947
Programs, $317,754 in fiscal year 2004 and $309,811 in fiscal year	88948
2005 shall be used to support a public communication outreach	88949
program (WCPN). The primary purpose of the program shall be to	88950
develop a relationship between Cleveland State University and	88951
nonprofit communications entities.	88952

Of the foregoing appropriation item 235-583, Urban University	88953
Programs, $150,515 in fiscal year 2004 and $146,753 in fiscal year	88954
2005 shall be used to support the Center for the Interdisciplinary	88955
Study of Education and the Urban Child at Cleveland State	88956
University. These funds shall be distributed according to rules	88957
adopted by the Board of Regents and shall be used by the center	88958
for interdisciplinary activities targeted toward increasing the	88959
chance of lifetime success of the urban child, including	88960
interventions beginning with the prenatal period. The primary	88961
purpose of the center is to study issues in urban education and to	88962
systematically map directions for new approaches and new solutions	88963
by bringing together a cadre of researchers, scholars, and	88964
professionals representing the social, behavioral, education, and	88965
health disciplines.	88966

Of the foregoing appropriation item 235-583, Urban University	88967
Programs, $217,411 in fiscal year 2004 and $211,976 in fiscal year	88968
2005 shall be used to support the Kent State University Learning	88969
and Technology Project. This project is a kindergarten through	88970
university collaboration between schools surrounding Kent's eight	88971
campuses in northeast Ohio, and corporate partners who will assist	88972
in development and delivery.	88973

The Kent State University Project shall provide a faculty	88974
member who has a full-time role in the development of	88975
collaborative activities and teacher instructional programming	88976
between Kent and the K-12th grade schools that surround its eight	88977
campuses; appropriate student support staff to facilitate these	88978
programs and joint activities; and hardware and software to	88979
schools that will make possible the delivery of instruction to	88980
pre-service and in-service teachers, and their students, in their	88981
own classrooms or school buildings. This shall involve the	88982
delivery of low-bandwidth streaming video and web-based	88983
technologies in a distributed instructional model.	88984

Of the foregoing appropriation item 235-583, Urban University	88985
Programs, $83,619 in fiscal year 2004 and $81,529 in fiscal year	88986
2005 year shall be used to support the Ameritech Classroom/Center	88987
for Research at Kent State University.	88988

Of the foregoing appropriation item 235-583, Urban University	88989
Programs, $836,198 in fiscal year 2004 and $815,293 in fiscal year	88990
2005 year shall be used to support the Polymer Distance Learning	88991
Project at the University of Akron.	88992

Of the foregoing appropriation item 235-583, Urban University	88993
Programs, $41,810 in fiscal year 2004 and $40,765 in fiscal year	88994
2005 shall be distributed to the Kent State University/Cleveland	88995
Design Center program.	88996

Of the foregoing appropriation item 235-583, Urban University	88997
Programs, $209,049 in fiscal year 2004 and $203,823 in fiscal year	88998
2005 shall be used to support the Bliss Institute of Applied	88999
Politics at the University of Akron.	89000

Of the foregoing appropriation item 235-583, Urban University	89001
Programs, $12,544 in fiscal year 2004 and $12,228 in fiscal year	89002
2005 shall be used for the Advancing-Up Program at the University	89003
of Akron.	89004

Of the foregoing appropriation item 235-583, Urban University	89005
Programs, $1,840,168 in fiscal year 2004 and $1,794,164 in fiscal	89006
year 2005 shall be distributed by the Board of Regents to	89007
Cleveland State University in support of the Maxine Goodman Levin	89008
College of Urban Affairs.	89009

Of the foregoing appropriation item 235-583, Urban University	89010
Programs, $1,840,168 in fiscal year 2004 and $1,794,164 in fiscal	89011
year 2005 shall be distributed to the Northeast Ohio Research	89012
Consortium, the Urban Linkages Program, and the Urban Research	89013
Technical Assistance Grant Program. The distribution among the	89014
three programs shall be determined by the chair of the Urban	89015
University Program.	89016

Of the foregoing appropriation item 235-583, Urban University	89017
Programs, $175,000 in each fiscal year shall be used to support	89018
the Strategic Economic Research Collaborative at the University of	89019
Toledo Urban Affairs Center.	89020

Of the foregoing appropriation item 235-583, Urban University	89021
Programs, $175,000 in each fiscal year shall be used to support	89022
the Institute for Collaborative Research and Public Humanities at	89023
The Ohio State University.	89024

RURAL UNIVERSITY PROJECTS

89025

Of the foregoing appropriation item 235-587, Rural University	89026
Projects, Bowling Green State University shall receive $300,005 in	89027
fiscal year 2004 and $300,005 in fiscal year 2005, Miami	89028
University shall receive $279,005 in fiscal year 2004 and $279,005	89029
in fiscal year 2005, and Ohio University shall receive $653,973 in	89030
fiscal year 2004 and $653,973 in fiscal year 2005. These funds	89031
shall be used to support the Institute for Local Government	89032
Administration and Rural Development at Ohio University, the	89033
Center for Public Management and Regional Affairs at Miami	89034
University, and the Center for Policy Analysis and Public Service	89035
at Bowling Green State University.	89036

A small portion of the funds provided to Ohio University	89037
shall also be used for the Institute for Local Government	89038
Administration and Rural Development State and Rural Policy	89039
Partnership with the Governor's Office of Appalachia and the	89040
Appalachian delegation of the General Assembly.	89041

Of the foregoing appropriation item 235-587, Rural University	89042
Projects, $18,131 in fiscal year 2004 and $18,131 in fiscal year	89043
2005 shall be used to support the Washington State Community	89044
College day care center.	89045

Of the foregoing appropriation item 235-587, Rural University	89046
Projects, $54,396 in fiscal year 2004 and $54,396 in fiscal year	89047
2005 shall be used to support the COAD/ILGARD/GOA Appalachian	89048
Leadership Initiative.	89049

Section 88.11. OHIO RESOURCE CENTER FOR MATHEMATICS, SCIENCE,	89050
AND READING	89051

The foregoing appropriation item 235-588, Ohio Resource	89052
Center for Mathematics, Science, and Reading, shall be used to	89053
support a resource center for mathematics, science, and reading to	89054
be located at a state-assisted university for the purpose of	89055
identifying best educational practices in primary and secondary	89056
schools and establishing methods for communicating them to	89057
colleges of education and school districts. The Ohio Resource	89058
Center for Mathematics, Science, and Reading shall not make	89059
available resources that are inconsistent with standards and	89060
policies of the State Board of Education.	89061

INTERNATIONAL CENTER FOR WATER RESOURCES DEVELOPMENT

89062

The foregoing appropriation item 235-595, International	89063
Center for Water Resources Development, shall be used to support	89064
the International Center for Water Resources Development at	89065
Central State University. The center shall develop methods to	89066
improve the management of water resources for Ohio and for	89067
emerging nations.	89068

HAZARDOUS MATERIALS PROGRAM

89069

The foregoing appropriation item 235-596, Hazardous Materials	89070
Program, shall be disbursed to Cleveland State University for the	89071
operation of a program to certify firefighters for the handling of	89072
hazardous materials. Training shall be available to all Ohio	89073
firefighters.	89074

Of the foregoing appropriation item 235-596, Hazardous	89075
Materials Program, $130,601 in fiscal year 2004 and $127,337 in	89076
fiscal year 2005 shall be used to support the Center for the	89077
Interdisciplinary Study of Education and Leadership in Public	89078
Service at Cleveland State University. These funds shall be	89079
distributed by the Board of Regents and shall be used by the	89080
center targeted toward increasing the role of special populations	89081
in public service and not-for-profit organizations. The primary	89082
purpose of the center is to study issues in public service and to	89083
guide strategies for attracting new communities into public	89084
service occupations by bringing together a cadre of researchers,	89085
scholars and professionals representing the public administration,	89086
social behavioral, and education disciplines.	89087

NATIONAL GUARD SCHOLARSHIP PROGRAM

89088

The Board of Regents shall disburse funds from appropriation	89089
item 235-599, National Guard Scholarship Program, at the direction	89090
of the Adjutant General.	89091

* PLEDGE OF FEES

89092

Any new pledge of fees, or new agreement for adjustment of	89093
fees, made in the 2003-2005 biennium to secure bonds or notes of a	89094
state-assisted institution of higher education for a project for	89095
which bonds or notes were not outstanding on the effective date of	89096
this section shall be effective only after approval by the Board	89097
of Regents, unless approved in a previous biennium.	89098

HIGHER EDUCATION GENERAL OBLIGATION DEBT SERVICE

89099

The foregoing appropriation item 235-909, Higher Education	89100
General Obligation Debt Service, shall be used to pay all debt	89101
service and related financing costs at the times they are required	89102
to be made pursuant to sections 151.01 and 151.04 of the Revised	89103
Code during the period from July 1, 2003, to June 30, 2005. The	89104
Office of the Sinking Fund or the Director of Budget and	89105
Management shall effectuate the required payments by an intrastate	89106
transfer voucher.	89107

Section 88.12. SALES AND SERVICES

89108

The Board of Regents is authorized to charge and accept	89109
payment for the provision of goods and services. Such charges	89110
shall be reasonably related to the cost of producing the goods and	89111
services. No charges may be levied for goods or services that are	89112
produced as part of the routine responsibilities or duties of the	89113
Board. All revenues received by the Board of Regents shall be	89114
deposited into Fund 456, and may be used by the Board of Regents	89115
to pay for the costs of producing the goods and services.	89116

OHIO HIGHER EDUCATIONAL FACILITY COMMISSION SUPPORT

89117

The foregoing appropriation item 235-602, Higher Educational	89118
Facility Commission Administration, shall be used by the Board of	89119
Regents for operating expenses related to the Board of Regents'	89120
support of the activities of the Ohio Higher Educational Facility	89121
Commission. Upon the request of the chancellor, the Director of	89122
Budget and Management shall transfer up to $20,000 cash from Fund	89123
461 to Fund 4E8 in each fiscal year of the biennium.	89124

PHYSICIAN LOAN REPAYMENT

89125

The foregoing appropriation item 235-604, Physician Loan	89126
Repayment, shall be used in accordance with sections 3702.71 to	89127
3702.81 of the Revised Code.	89128

NURSING LOAN PROGRAM

89129

The foregoing appropriation item 235-606, Nursing Loan	89130
Program, shall be used to administer the nurse education	89131
assistance program. Up to $159,600 in fiscal year 2004 and	89132
$167,580 in fiscal year 2005 may be used for operating expenses	89133
associated with the program. Any additional funds needed for the	89134
administration of the program are subject to Controlling Board	89135
approval.	89136

Section 88.13. SCIENCE AND TECHNOLOGY COLLABORATION

89137

The Board of Regents shall work in close collaboration with	89138
the Department of Development and the Third Frontier Commission in	89139
relation to appropriation items and programs listed in the	89140
following paragraph, and other technology-related appropriations	89141
and programs in the Department of Development and the Board of	89142
Regents as these agencies may designate, to ensure implementation	89143
of a coherent state strategy with respect to science and	89144
technology.	89145

Each of the following appropriations and programs: 195-401,	89146
Thomas Edison Program; 195-408, Coal Research Development;	89147
195-422, Third Frontier Action Fund; 195-632, Coal Research and	89148
Development Fund; 235-454, Research Challenge; 235-508, Air Force	89149
Institute of Technology; 235-510, Ohio Supercomputer Center;	89150
235-527, Ohio Aerospace Institute; 235-535, Ohio Agricultural	89151
Research and Development Center; 235-553, Dayton Area Graduate	89152
Studies Institute; 235-554, Computer Science Graduate Education;	89153
235-556, Ohio Academic Resources Network; and 195-405, Biomedical	89154
Research and Technology Transfer Trust, shall be reviewed annually	89155
by the Third Frontier Commission with respect to its development	89156
of complementary relationships within a combined state science and	89157
technology investment portfolio and its overall contribution to	89158
the state's science and technology strategy, including the	89159
adoption of appropriately consistent criteria for: (1) the	89160
scientific merit of activities supported by the program; (2) the	89161
relevance of the program's activities to commercial opportunities	89162
in the private sector; (3) the private sector's involvement in a	89163
process that continually evaluates commercial opportunities to use	89164
the work supported by the program; and (4) the ability of the	89165
program and recipients of grant funding from the program to engage	89166
in activities that are collaborative, complementary, and efficient	89167
with respect to the expenditure of state funds. All programs	89168
listed above shall provide annual reports to the Third Frontier	89169
Commission discussing existing, planned, or possible	89170
collaborations between programs and recipients of grant funding	89171
related to technology, development, commercialization, and	89172
supporting Ohio's economic development. The annual review by the	89173
Third Frontier Commission shall be a comprehensive review of the	89174
entire state science and technology program portfolio rather than	89175
a review of individual programs.	89176

REPAYMENT OF RESEARCH FACILITY INVESTMENT FUND MONEYS

89177

Notwithstanding any provision of law to the contrary, all	89178
repayments of Research Facility Investment Fund loans shall be	89179
made to the Bond Service Trust Fund. All Research Facility	89180
Investment Fund loan repayments made prior to the effective date	89181
of this section shall be transferred by the Director of Budget and	89182
Management to the Bond Service Trust Fund within sixty days of the	89183
effective date of this section.	89184

Campuses shall make timely repayments of Research Facility	89185
Investment Fund loans, according to the schedule established by	89186
the Board of Regents. In the case of late payments, the Board of	89187
Regents may deduct from an institution's periodic subsidy	89188
distribution an amount equal to the amount of the overdue payment	89189
for that institution, transfer such amount to the Bond Service	89190
Trust Fund, and credit the appropriate institution for the	89191
repayment.	89192

VETERANS' PREFERENCES

89193

The Board of Regents shall work with the Governor's Office of	89194
Veterans' Affairs to develop specific veterans' preference	89195
guidelines for higher education institutions. These guidelines	89196
shall ensure that the institutions' hiring practices are in	89197
accordance with the intent of Ohio's veterans' preference laws.	89198

Section 88.15. STUDY OF CO-LOCATED INSTITUTIONS

89199

The Board of Regents shall review the operation and	89200
effectiveness of co-located university branch campuses and	89201
technical colleges, with particular attention to improved	89202
responsiveness to community needs and improved transfer of	89203
coursework. The Board of Regents shall report its findings and	89204
recommendations to the General Assembly not later than May 15,	89205
2004.	89206

Section 88.16. On the effective date of this section, the	89207
Board of Regents shall recognize the conversion of Belmont	89208
Technical College from a technical college under Chapter 3358. of	89209
the Revised Code to a community college under Chapter 3354. of the	89210
Revised Code, and on and after the effective date of this section	89211
Belmont Technical College shall be known as Belmont Community	89212
College.	89213

Section 89.  DRC DEPARTMENT OF REHABILITATION AND CORRECTION

89214

General Services Fund Group

89230

Federal Special Revenue Fund Group

89241

Intragovernmental Service Fund Group

89246

COMMUNITY CORRECTIONS TRANSFERS

89252

With the approval of the Controlling Board, the Department of	89253
Rehabilitation and Correction shall transfer in FY 2005 from the	89254
unexpended, unobligated GRF appropriations made to the Department	89255
for fiscal years 2004 and 2005 at least $3,500,000 in	89256
appropriation authority to appropriation item 501-405, Halfway	89257
House, and at least $1,000,000 in appropriation authority to	89258
appropriation item 501-501, Community Residential Programs - CBCF.	89259

ZERO-BASED BUDGETING

89260

The Director of Budget and Management shall prepare a full	89261
zero-based budget for the biennium ending June 30, 2007, for the	89262
Department of Rehabilitation and Correction. The Director shall	89263
offer the Department substantial technical assistance throughout	89264
the process of preparing its zero-based budget. The Department	89265
shall prepare a full zero-based budget in such manner and	89266
according to such schedule as the Director of Budget and	89267
Management requires. The zero-based budget shall, as the Director	89268
of Budget and Management determines, be in addition to or in place	89269
of the estimates of revenue and proposed expenditures that the	89270
Department otherwise would be required to prepare under section	89271
126.02 of the Revised Code.	89272

OHIO BUILDING AUTHORITY LEASE PAYMENTS

89273

The foregoing appropriation item 501-406, Lease Rental	89274
Payments, shall be used for payments to the Ohio Building	89275
Authority for the period July 1, 2003, to June 30, 2005, pursuant	89276
to the primary leases and agreements for those buildings made	89277
under Chapter 152. of the Revised Code but limited to the	89278
aggregate amount of $288,304,900. This appropriation amount is the	89279
source of funds pledged for bond service charges on related	89280
obligations issued pursuant to Chapter 152. of the Revised Code.	89281

PRISONER COMPENSATION

89282

Money from the foregoing appropriation item 501-403, Prisoner	89283
Compensation, shall be transferred on a quarterly basis by	89284
intrastate transfer voucher to the Services and Agricultural Fund	89285
(Fund 148) for the purposes of paying prisoner compensation.	89286

CASH TRANSFER TO THE OFFENDER FINANCIAL RESPONSIBILITY FUND

89287

On July 1, 2003, or as soon thereafter as possible, the	89288
Director of Budget and Management shall transfer the cash balance	89289
in the Adult Parole Authority Probation Services Fund (Fund 5A3)	89290
to the Offender Financial Responsibility Fund (Fund 5H8).	89291

Section 90.  RSC REHABILITATION SERVICES COMMISSION

89292

General Revenue Fund

89293

General Services Fund Group

89306

Federal Special Revenue Fund Group

89311

State Special Revenue Fund Group

89325

MR/DD SERVICES

89331

The foregoing appropriation item 415-404, MR/DD Services,	89332
shall be used as state matching funds to provide vocational	89333
rehabilitation services to mutually eligible clients between the	89334
Rehabilitation Services Commission and the Department of Mental	89335
Retardation and Developmental Disabilities. The Rehabilitation	89336
Services Commission shall report to the Department of Mental	89337
Retardation and Developmental Disabilities, as outlined in an	89338
interagency agreement, on the number and status of mutually	89339
eligible clients and the status of the funds and expenditures for	89340
these clients.	89341

VOCATIONAL REHABILITATION/JOB AND FAMILY SERVICES

89342

The foregoing appropriation item 415-405, Vocational	89343
Rehabilitation/Job and Family Services, shall be used as state	89344
matching funds to provide vocational rehabilitation services to	89345
mutually eligible clients between the Rehabilitation Services	89346
Commission and the Department of Job and Family Services. The	89347
Rehabilitation Services Commission shall report to the Department	89348
of Job and Family Services, as outlined in an interagency	89349
agreement, on the number and status of mutually eligible clients	89350
and the status of the funds and expenditures for these clients.	89351

ASSISTIVE TECHNOLOGY

89352

The foregoing appropriation item 415-406, Assistive	89353
Technology, shall be provided to Assistive Technology of Ohio and	89354
shall be used only to provide grants under that program. No amount	89355
of the appropriation may be used for administrative costs.	89356

OFFICE FOR PEOPLE WITH BRAIN INJURY

89357

Of the foregoing appropriation item 415-431, Office for	89358
People with Brain Injury, $50,000 in each fiscal year shall be	89359
used for the state match for a federal grant awarded through the	89360
Traumatic Brain Injury Act, Pub. L. No. 104-166, and up to $50,000	89361
in fiscal year 2004 and up to $50,000 in fiscal year 2005 shall be	89362
provided to the Brain Injury Trust Fund. The remaining	89363
appropriation in this item shall be used to plan and coordinate	89364
head-injury-related services provided by state agencies and other	89365
government or private entities, to assess the needs for such	89366
services, and to set priorities in this area.	89367

SERVICES FOR THE ELDERLY

89368

The foregoing appropriation item 415-509, Services for the	89369
Elderly, shall be used as matching funds for vocational	89370
rehabilitation services for eligible elderly citizens with a	89371
disability.	89372

SOCIAL SECURITY REIMBURSEMENT FUNDS

89373

Reimbursement funds received from the Social Security	89374
Administration, United States Department of Health and Human	89375
Services, for the costs of providing services and training to	89376
return disability recipients to gainful employment, shall be used	89377
in the Social Security Reimbursement Fund (Fund 3L1), as follows:	89378

(A) Appropriation item 415-601, Social Security Personal Care	89379
Assistance, to provide personal care services in accordance with	89380
section 3304.41 of the Revised Code;	89381

(B) Appropriation item 415-605, Social Security Community	89382
Centers for the Deaf, to provide grants to community centers for	89383
the deaf in Ohio for services to individuals with hearing	89384
impairments;	89385

(C) Appropriation item 415-607, Social Security	89386
Administration Cost, to provide administrative services needed to	89387
administer the Social Security reimbursement program;	89388

(D) Appropriation item 415-608, Social Security Special	89389
Programs/Assistance, to provide vocational rehabilitation services	89390
to individuals with severe disabilities, who are Social Security	89391
beneficiaries, to achieve competitive employment. This item also	89392
includes funds to assist the Personal Care Assistance, Community	89393
Centers for the Deaf, and Independent Living Programs to pay their	89394
share of indirect costs as mandated by federal OMB Circular A-87.	89395

(E) Appropriation item 415-610, Social Security Vocational	89396
Rehabilitation, to provide vocational rehabilitation services to	89397
older blind individuals with severe disabilities to achieve a	89398
noncompetitive employment goal.	89399

ADMINISTRATIVE EXPENSES

89400

The foregoing appropriation item 415-606, Administrative	89401
Expenses, shall be used to support the administrative functions of	89402
the commission related to the provision of vocational	89403
rehabilitation, disability determination services, and ancillary	89404
programs.	89405

INDEPENDENT LIVING COUNCIL

89406

The foregoing appropriation item 415-402, Independent Living	89407
Council, shall be used to fund the operations of the State	89408
Independent Living Council.	89409

MENTAL HEALTH SERVICES

89410

The foregoing appropriation item 415-403, Mental Health	89411
Services, shall be used for the provision of vocational	89412
rehabilitation services to mutually eligible consumers of the	89413
Rehabilitation Services Commission and the Department of Mental	89414
Health.	89415

The Department of Mental Health shall receive a quarterly	89416
report from the Rehabilitation Services Commission stating the	89417
numbers served, numbers placed in employment, average hourly wage,	89418
and average hours worked.	89419

INDEPENDENT LIVING SERVICES

89420

The foregoing appropriation items 415-520, Independent Living	89421
Services, and 415-612, Federal-Independent Living Centers or	89422
Services, shall be used to support state independent living	89423
centers or independent living services pursuant to Title VII of	89424
the Independent Living Services and Centers for Independent Living	89425
of the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	89426
U.S.C. 796d.	89427

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

89428

The foregoing appropriation item 415-617, Independent	89429
Living/Vocational Rehabilitation Programs, shall be used to	89430
support vocational rehabilitation programs, including, but not	89431
limited to, Projects with Industry, Training Grants, and Brain	89432
Injury Grants.	89433

PILOT PROGRAM FOR VOCATIONAL REHABILITATION

89434

During fiscal years 2004 and 2005, the Rehabilitation	89435
Services Commission may conduct a pilot program to provide	89436
vocational rehabilitation and related services to entities,	89437
employers, or individuals that are not eligible for state or	89438
federally supported services through the commission. The	89439
commission shall propose fees to be collected from the entities,	89440
employers, or individuals served by the pilot program for the	89441
approval of the Controlling Board to support the costs for	89442
vocational rehabilitation and related services provided under the	89443
pilot program. Fee revenues collected under the program shall be	89444
credited to Fund 468 (Third Party Funding). Prior to the	89445
commencement of services through the pilot program, the	89446
Rehabilitation Services Commission shall develop a program plan to	89447
be submitted to the Controlling Board. Any plan revisions or	89448
updates shall be reported to the Controlling Board. During the	89449
implementation of the pilot program, the Rehabilitation Services	89450
Commission shall investigate and determine the possibility of	89451
utilizing this source of revenue to match federal funds. The	89452
Rehabilitation Services Commission shall evaluate the progress of	89453
the pilot program and issue a report of its findings to the	89454
Governor by December 15, 2005. The report shall include a	89455
recommendation to either continue or discontinue the pilot program	89456
in the next biennium.	89457

Section 91.  RCB RESPIRATORY CARE BOARD

89458

General Services Fund Group

89459

Section 92.  REVENUE DISTRIBUTION FUNDS

89465

Volunteer Firefighters' Dependents Fund

89466

Holding Account Redistribution

89477

ADDITIONAL APPROPRIATIONS

89496

Appropriation items in this section are to be used for the	89497
purpose of administering and distributing the designated revenue	89498
distributions fund according to the Revised Code. If it is	89499
determined that additional appropriations are necessary, such	89500
amounts are appropriated.	89501

Section 93.  SAN BOARD OF SANITARIAN REGISTRATION

89502

General Services Fund Group

89503

Section 94.  OSB OHIO STATE SCHOOL FOR THE BLIND

89509

General Revenue Fund

89510

General Services Fund Group

89515

Federal Special Revenue Fund Group

89519

State Special Revenue Fund Group

89524

Section 95.  OSD OHIO STATE SCHOOL FOR THE DEAF

89530

General Revenue Fund

89531

General Services Fund Group

89536

Federal Special Revenue Fund Group

89540

State Special Revenue Fund Group

89547

Section 96.  SFC SCHOOL FACILITIES COMMISSION

89555

General Revenue Fund

89556

Federal Special Revenue Fund Group

89560

State Special Revenue Fund Group

89563

Section 96.01. LEASE RENTAL PAYMENTS

89569

The foregoing appropriation item 230-428, Lease Rental	89570
Payments, shall be used to meet all payments at the times they are	89571
required to be made during the period from July 1, 2003, to June	89572
30, 2005, by the School Facilities Commission pursuant to leases	89573
and agreements made under section 3318.26 of the Revised Code, but	89574
limited to the aggregate amount of $63,481,200. Nothing in this	89575
act shall be deemed to contravene the obligation of the state to	89576
pay, without necessity for further appropriation, from the sources	89577
pledged thereto, the bond service charges on obligations issued	89578
pursuant to Chapter 3318. of the Revised Code.	89579

COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE

89580

The foregoing appropriation item 230-908, Common Schools	89581
General Obligation Debt Service, shall be used to pay all debt	89582
service and related financing costs at the times they are required	89583
to be made pursuant to sections 151.01 and 151.03 of the Revised	89584
Code during the period from July 1, 2003, to June 30, 2005. The	89585
Office of the Sinking Fund or the Director of Budget and	89586
Management shall effectuate the required payments by an intrastate	89587
transfer voucher.	89588

OPERATING EXPENSES

89589

The foregoing appropriation item 230-644, Operating Expenses,	89590
shall be used by the Ohio School Facilities Commission to carry	89591
out its responsibilities pursuant to this section and Chapter	89592
3318. of the Revised Code.	89593

Within ten days after the effective date of this section, or	89594
as soon as possible thereafter, the Executive Director of the Ohio	89595
School Facilities Commission shall certify to the Director of	89596
Budget and Management the amount of cash from interest earnings to	89597
be transferred from the School Building Assistance Fund (Fund 032)	89598
or the Public School Building Fund (Fund 021) to the Ohio School	89599
Facilities Commission Fund (Fund 5E3).	89600

By July 10, 2004, the Executive Director of the Ohio School	89601
Facilities Commission shall certify to the Director of Budget and	89602
Management the amount of cash from interest earnings to be	89603
transferred from the School Building Assistance Fund (Fund 032) or	89604
the Public School Building Fund (Fund 021) to the Ohio School	89605
Facilities Commission Fund (Fund 5E3). The amount transferred may	89606
not exceed investment earnings credited to the School Building	89607
Assistance Fund (Fund 032) less any amount required to be paid for	89608
federal arbitrage rebate purposes.	89609

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

89610

At the request of the Executive Director of the Ohio School	89611
Facilities Commission, the Director of Budget and Management may	89612
cancel encumbrances for school district projects from a previous	89613
biennium if the district has not raised its local share of project	89614
costs within one year of receiving Controlling Board approval in	89615
accordance with section 3318.05 of the Revised Code. The Executive	89616
Director of the Ohio School Facilities Commission shall certify	89617
the amounts of these canceled encumbrances to the Director of	89618
Budget and Management on a quarterly basis. The amounts of the	89619
canceled encumbrances are appropriated.	89620

Section 96.02. COMMUNITY SCHOOL CLASSROOM FACILITIES LOAN	89621
GUARANTEE	89622

The unencumbered and unallotted balances as of June 30, 2003,	89623
in appropriation item 230-602, Community School Loan Guarantee,	89624
are hereby reappropriated in fiscal year 2004 to support loan	89625
guarantees to community schools under section 3318.50 of the	89626
Revised Code. The unencumbered an unallotted balances of the	89627
appropriation at the end of fiscal year 2004 are hereby	89628
reappropriated in fiscal year 2005 to support loan guarantees to	89629
community schools under section 3318.50 of the Revised Code.	89630

Section 96.02a.  EXTREME ENVIRONMENTAL CONTAMINATION OF	89631
SCHOOL FACILITIES	89632

Notwithstanding any other provision of law to the contrary,	89633
the School Facilities Commission may provide assistance under the	89634
Exceptional Needs School Facilities Program established in section	89635
3318.37 of the Revised Code to any school district, and not	89636
exclusively to a school district in the lowest fifty per cent of	89637
adjusted valuation per pupil on the current ranking of school	89638
districts established pursuant to section 3317.02 of the Revised	89639
Code, for the purpose of the relocation or replacement of school	89640
facilities required as a result of extreme environmental	89641
contamination.	89642

The School Facilities Commission shall contract with an	89643
independent environmental consultant to conduct a study and to	89644
report to the commission as to the seriousness of the	89645
environmental contamination, whether the contamination violates	89646
applicable state and federal standards, and whether the facilities	89647
are no longer suitable for use as school facilities. The	89648
commission then shall make a determination regarding funding for	89649
the relocation or replacement of the school facilities. If the	89650
federal government or other public or private entity provides	89651
funds for restitution of costs incurred by the state or school	89652
district in the relocation or replacement of the school	89653
facilities, the school district shall use such funds in excess of	89654
the school district's share to refund the state for the state's	89655
contribution to the environmental contamination portion of the	89656
project. The school district may apply an amount of such	89657
restitution funds up to an amount equal to the school district's	89658
portion of the project, as defined by the commission, toward	89659
paying its portion of that project to reduce the amount of bonds	89660
the school district otherwise must issue to receive state	89661
assistance under sections 3318.01 to 3318.20 of the Revised Code.	89662

Section 96.03.  (A) The Ohio School Facilities Commission may	89663
commit up to thirty-five million dollars to the Canton City School	89664
District for construction of a facility described in this section,	89665
in lieu of a high school that would otherwise be authorized under	89666
Chapter 3318. of the Revised Code. The commission shall not commit	89667
funds under this section unless all of the following conditions	89668
are met:	89669

(1) The district has entered into a cooperative agreement	89670
with a state-assisted technical college.	89671

(2) The district has received an irrevocable commitment of	89672
additional funding from nonpublic sources.	89673

(3) The facility is intended to serve both secondary and	89674
postsecondary instructional purposes.	89675

(B) The commission shall enter into an agreement with the	89676
district for the construction of the facility authorized under	89677
this section that is separate from and in addition to the	89678
agreement required for the district's participation in the	89679
Classroom Facilities Assistance Program under section 3318.08 of	89680
the Revised Code. Notwithstanding that section and sections	89681
3318.03, 3318.04, and 3318.083 of the Revised Code, the additional	89682
agreement shall provide, but not be limited to, the following:	89683

(1) The commission shall not have any oversight	89684
responsibilities over the construction of the facility.	89685

(2) The facility need not comply with the specifications for	89686
plans and materials for high schools adopted by the commission.	89687

(3) The commission may decrease the basic project cost that	89688
would otherwise be calculated for a high school under Chapter	89689
3318. of the Revised Code.	89690

(4) The state shall not share in any increases in the basic	89691
project cost for the facility above the amount authorized under	89692
this section.	89693

All other provisions of Chapter 3318. of the Revised Code	89694
apply to the approval and construction of a facility authorized	89695
under this section.	89696

The state funds committed to the facility authorized by this	89697
section shall be part of the total amount the state commits to the	89698
Canton City School District under Chapter 3318. of the Revised	89699
Code. All additional state funds committed to the Canton City	89700
School District for classroom facilities assistance shall be	89701
subject to all provisions of Chapter 3318. of the Revised Code.	89702

Section 97.  NET OHIO SCHOOLNET COMMISSION

89703

General Revenue Fund

89704

General Services Fund Group

89709

Federal Special Revenue Fund Group

89713

State Special Revenue Fund Group

89717

Section 97.01. TECHNICAL AND INSTRUCTIONAL PROFESSIONAL	89725
DEVELOPMENT	89726

The foregoing appropriation item 228-406, Technical and	89727
Instructional Professional Development, shall be used by the Ohio	89728
SchoolNet Commission to make grants or provide services to	89729
qualifying schools, including the State School for the Blind and	89730
the Ohio School for the Deaf, for the provision of hardware,	89731
software, telecommunications services, and staff development to	89732
support educational uses of technology in the classroom.	89733

The Ohio SchoolNet Commission shall consider the professional	89734
development needs associated with the OhioReads Program when	89735
making funding allocations and program decisions.	89736

Of the foregoing appropriation $1,260,000 in each fiscal year	89737
shall be used by the Ohio Educational Telecommunications Network	89738
Commission, with the advice of the Ohio SchoolNet Commission, to	89739
make grants for research, development and production of	89740
interactive instructional programming series and teleconferences	89741
to support the SchoolNet Commission. Up to $55,000 of this amount	89742
shall be used in each fiscal year to provide for the	89743
administration of these activities by the Ohio Educational	89744
Telecommunications Network Commission. The programming shall be	89745
targeted to the needs of the poorest two hundred school districts	89746
as determined by the district's adjusted valuation per pupil as	89747
defined in section 3317.0213 of the Revised Code.	89748

Of the foregoing appropriation item 228-406, Technical and	89749
Instructional Professional Development, $818,322 in each fiscal	89750
year shall be used by the INFOhio Network, with the advice of the	89751
Ohio SchoolNet Commission, to support the provision of electronic	89752
resources to all public schools with preference given to	89753
elementary schools. Consideration shall be given by the Commission	89754
to coordinating the allocation of these moneys with the efforts of	89755
OhioLINK and the Ohio Public Information Network.	89756

Of the foregoing appropriation item 228-406, Technical and	89757
Instructional Professional Development, $300,000 in each fiscal	89758
year shall be used by the JASON project, with the advice of the	89759
Ohio SchoolNet Commission, to provide statewide access and a 75	89760
per cent subsidy for statewide licensing of JASON content for	89761
90,000 middle school students statewide, and professional	89762
development for teachers participating in the program.	89763

The remaining appropriation allocated in appropriation item	89764
228-406, Technical and Instructional Professional Development,	89765
shall be used by the Ohio SchoolNet Commission for professional	89766
development for teachers and administrators for the use of	89767
educational technology. The commission may make grants to provide	89768
technical assistance and professional development on the use of	89769
educational technology to school districts.	89770

Eligible recipients of grants include regional training	89771
centers, county offices of education, data collection sites,	89772
instructional technology centers, institutions of higher	89773
education, public television stations, special education resource	89774
centers, area media centers, or other nonprofit educational	89775
organizations. Services provided through these grants may include	89776
use of private entities subcontracting through the grant	89777
recipient.	89778

Grants shall be made to entities on a contractual basis with	89779
the Ohio SchoolNet Commission. Contracts shall include provisions	89780
that demonstrate how services will benefit technology use in the	89781
schools, and in particular will support Ohio SchoolNet efforts to	89782
support technology in the schools. Contracts shall specify the	89783
scope of assistance being offered and the potential number of	89784
professionals who will be served. Contracting entities may be	89785
awarded more than one grant at a time.	89786

Grants shall be awarded in a manner consistent with the goals	89787
of Ohio SchoolNet. Special emphasis in the award of grants shall	89788
be placed on collaborative efforts among service providers.	89789

Application for grants from this appropriation in	89790
appropriation item 228-406, Technical and Instructional	89791
Professional Development, shall be consistent with a school	89792
district's technology plan that shall meet the minimum	89793
specifications for school district technology plans as prescribed	89794
by the Ohio SchoolNet Commission. Funds allocated through these	89795
grants may be combined with funds received through other state or	89796
federal grants for technology so long as the school district's	89797
technology plan specifies the use of these funds.	89798

EDUCATION TECHNOLOGY

89799

The foregoing appropriation item 228-539, Education	89800
Technology, shall be used to provide funding to suppliers of	89801
information services to school districts for the provision of	89802
hardware, software, and staff development in support of	89803
educational uses of technology in the classroom as prescribed by	89804
the State Plan for Technology pursuant to section 3301.07 of the	89805
Revised Code, and to support assistive technology for children and	89806
youth with disabilities.	89807

Of the foregoing appropriation item 228-539, Education	89808
Technology, up to $1,946,000 in each fiscal year shall be used by	89809
the Ohio SchoolNet Commission to link all public K-12 classrooms	89810
to each other and the Internet, and to provide access to voice,	89811
video, and data educational resources for students and teachers	89812
through the OneNet Ohio Program.	89813

Up to $4,403,778 in each fiscal year shall be used by the	89814
Ohio SchoolNet Commission to contract with instructional	89815
television, and $639,537 in each fiscal year shall be used by the	89816
commission to contract with education media centers to provide	89817
Ohio schools with instructional resources and services.	89818

Resources may include, but not be limited to, the following:	89819
pre-recorded video materials (including videotape, laser discs,	89820
and CD-ROM discs); computer software for student use or student	89821
access to electronic communication, databases, spreadsheet, and	89822
word processing capability; live student courses or courses	89823
delivered electronically; automated media systems; and	89824
instructional and professional development materials for teachers.	89825
The commission shall cooperate with education technology agencies	89826
in the acquisition, development, and delivery of such educational	89827
resources to ensure high-quality and educational soundness at the	89828
lowest possible cost. Delivery of such resources may utilize a	89829
variety of technologies, with preference given to a high-speed	89830
integrated information network that can transport video, voice,	89831
data, and graphics simultaneously.	89832

Services shall include presentations and technical assistance	89833
that will help students and teachers integrate educational	89834
materials that support curriculum objectives, match specific	89835
learning styles, and are appropriate for individual interests and	89836
ability levels.	89837

Such instructional resources and services shall be made	89838
available for purchase by chartered nonpublic schools or by public	89839
school districts for the benefit of pupils attending chartered	89840
nonpublic schools.	89841

TELECOMMUNITY

89842

The foregoing appropriation item 228-630, Ohio SchoolNet	89843
Telecommunity Fund, shall be distributed by the Ohio SchoolNet	89844
Commission on a grant basis to eligible school districts to	89845
establish "distance learning" through interactive video	89846
technologies in the school district. Per agreements with eight	89847
Ohio local telephone companies: ALLTEL Ohio, CENTURY Telephone of	89848
Ohio, Chillicothe Telephone Company, Cincinnati Bell Telephone	89849
Company, Orwell Telephone Company, Sprint North Central Telephone,	89850
VERIZON, and Western Reserve Telephone Company, school districts	89851
are eligible for funds if they are within one of the listed	89852
telephone company service areas. Funds to administer the program	89853
shall be expended by the commission up to the amount specified in	89854
agreements with the listed telephone companies.	89855

Within 30 days after the effective date of this section, the	89856
Director of Budget and Management shall transfer to Fund 4W9 in	89857
the State Special Revenue Fund Group any investment earnings from	89858
moneys paid to the Ohio SchoolNet Commission by any telephone	89859
company as part of any settlement agreement between the listed	89860
companies and the Public Utilities Commission in fiscal years 1996	89861
and beyond.	89862

DISTANCE LEARNING

89863

Appropriation item 228-634, Distance Learning, shall be	89864
distributed by the Ohio SchoolNet Commission on a grant basis to	89865
eligible school districts to establish "distance learning" in the	89866
school district. Per the agreement with Ameritech, school	89867
districts are eligible for funds if they are within an Ameritech	89868
service area. Funds to administer the program shall be expended by	89869
the commission up to the amount specified in the agreement with	89870
Ameritech.	89871

Within thirty days after the effective date of this section,	89872
the Director of Budget and Management shall transfer to fund 4X1	89873
in the State Special Revenue Fund Group any investment earnings	89874
from moneys paid to the office or to the SchoolNet Commission by	89875
any telephone company as part of a settlement agreement between	89876
the company and the Public Utilities Commission in fiscal year	89877
1995.	89878

GATES FOUNDATION GRANTS

89879

The foregoing appropriation item 228-605, Gates Foundation	89880
Grants, shall be used by the Ohio SchoolNet Commission to provide	89881
professional development to school district principals,	89882
superintendents, and other administrative staff for the use of	89883
education technology. The appropriation is made possible through a	89884
grant from the Bill and Melinda Gates foundation.	89885

Section 98.  SOS SECRETARY OF STATE

89886

General Revenue Fund

89887

General Services Fund Group

89893

Federal Special Revenue Fund Group

89899

State Special Revenue Fund Group

89903

Holding Account Redistribution Fund Group

89908

BOARD OF VOTING MACHINE EXAMINERS

89914

The foregoing appropriation item 050-610, Board of Voting	89915
Machine Examiners, shall be used to pay for the services and	89916
expenses of the members of the Board of Voting Machine Examiners,	89917
and for other expenses that are authorized to be paid from the	89918
Board of Voting Machine Examiners Fund, which is created in	89919
section 3506.05 of the Revised Code. Moneys not used shall be	89920
returned to the person or entity submitting the equipment for	89921
examination. If it is determined that additional appropriations	89922
are necessary, such amounts are appropriated.	89923

HOLDING ACCOUNT REDISTRIBUTION GROUP

89924

The foregoing appropriation items 050-605 and 050-606,	89925
Holding Account Redistribution Fund Group, shall be used to hold	89926
revenues until they are directed to the appropriate accounts or	89927
until they are refunded. If it is determined that additional	89928
appropriations are necessary, such amounts are appropriated.	89929

Section 99.  SEN THE OHIO SENATE

89930

General Revenue Fund

89931

General Services Fund Group

89934

Section 100.  CSF COMMISSIONERS OF THE SINKING FUND

89941

Debt Service Fund Group

89942

ADDITIONAL APPROPRIATIONS

89953

Appropriation items in this section are for the purpose of	89954
paying debt service and financing costs on bonds or notes of the	89955
state issued pursuant to the Ohio Constitution and acts of the	89956
General Assembly. If it is determined that additional	89957
appropriations are necessary, such amounts are appropriated.	89958

Section 101.  SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY &	89959
AUDIOLOGY	89960

General Services Fund Group

89961

Section 102.  BTA BOARD OF TAX APPEALS

89967

General Revenue Fund

89968

Section 103. TAX DEPARTMENT OF TAXATION

89973

General Revenue Fund

89974

Agency Fund Group

89980

General Services Fund Group

89984

Federal Special Revenue Fund Group

89988

State Special Revenue Fund Group

89992

Holding Account Redistribution Fund Group

90009

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

90015

Of the foregoing appropriation item 110-607, Local Tax	90016
Administration, the Tax Commissioner may disburse funds, if	90017
available, for the purposes of paying travel expenses incurred by	90018
members of Ohio's delegation to the Streamlined Sales Tax Project,	90019
as appointed under section 5740.02 of the Revised Code. Any travel	90020
expense reimbursement paid for by the Department of Taxation shall	90021
be done in accordance with applicable state laws and guidelines.	90022

LITTER CONTROL TAX ADMINISTRATION FUND

90023

Notwithstanding section 5733.12 of the Revised Code, during	90024
the period from July 1, 2003, to June 30, 2004, the amount of	90025
$625,232, and during the period from July 1, 2004, to June 30,	90026
2005, the amount of $625,232, received by the Tax Commissioner	90027
under Chapter 5733. of the Revised Code, shall be credited to the	90028
Litter Control Tax Administration Fund (Fund 437).	90029

CENTRALIZED TAX FILING AND PAYMENT FUND

90030

The Director of Budget and Management pursuant to a plan	90031
submitted by the Tax Commissioner, or as otherwise determined by	90032
the Director of Budget and Management, shall set a schedule to	90033
transfer cash from the General Revenue Fund to the credit of the	90034
Centralized Tax Filing and Payment Fund. Such transfers of cash	90035
shall not exceed $3,000,000 in any fiscal year.	90036

INTERNATIONAL REGISTRATION PLAN AUDIT

90037

The foregoing appropriation item 110-616, International	90038
Registration Plan, shall be used pursuant to section 5703.12 of	90039
the Revised Code for audits of persons with vehicles registered	90040
under the International Registration Plan.	90041

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX	90042
EXEMPTION	90043

The foregoing appropriation item 110-901, Property Tax	90044
Allocation - Taxation, is appropriated to pay for the state's	90045
costs incurred due to the Homestead Exemption, the Manufactured	90046
Home Property Tax Rollback, and the Property Tax Rollback. The Tax	90047
Commissioner shall distribute these funds directly to the	90048
appropriate local taxing districts of the state, except for school	90049
districts, notwithstanding the provisions in sections 321.24 and	90050
323.156 of the Revised Code, which provide for payment of the	90051
Homestead Exemption, the Manufactured Home Property Tax Rollback,	90052
and Property Tax Rollback by the Tax Commissioner to the	90053
appropriate county treasurer and the subsequent redistribution of	90054
these funds to the appropriate local taxing districts by the	90055
county auditor.	90056

The foregoing appropriation item 110-906, Tangible Tax	90057
Exemption - Taxation, is appropriated to pay for the state's costs	90058
incurred due to the tangible personal property tax exemption	90059
required by division (C)(3) of section 5709.01 of the Revised	90060
Code. The Tax Commissioner shall distribute to each county	90061
treasurer the total amount certified by the county treasurer	90062
pursuant to section 319.311 of the Revised Code for all local	90063
taxing districts located in the county except for school	90064
districts, notwithstanding the provision in section 319.311 of the	90065
Revised Code which provides for payment of the $10,000 tangible	90066
personal property tax exemption by the Tax Commissioner to the	90067
appropriate county treasurer for all local taxing districts	90068
located in the county including school districts. Pursuant to	90069
division (G) of section 321.24 of the Revised Code, the county	90070
auditor shall distribute the amount paid by the Tax Commissioner	90071
among the appropriate local taxing districts except for school	90072
districts.	90073

Upon receipt of these amounts, each local taxing district	90074
shall distribute the amount among the proper funds as if it had	90075
been paid as real or tangible personal property taxes. Payments	90076
for the costs of administration shall continue to be paid to the	90077
county treasurer and county auditor as provided for in sections	90078
319.54, 321.26, and 323.156 of the Revised Code.	90079

Any sums, in addition to the amounts specifically	90080
appropriated in appropriation items 110-901, Property Tax	90081
Allocation - Taxation, for the Homestead Exemption, the	90082
Manufactured Home Property Tax Rollback, and the Property Tax	90083
Rollback payments, and 110-906, Tangible Tax Exemption - Taxation,	90084
for the $10,000 tangible personal property tax exemption payments,	90085
which are determined to be necessary for these purposes, are	90086
hereby appropriated.	90087

MUNICIPAL INCOME TAX

90088

The foregoing appropriation item 110-901, Municipal Income	90089
Tax, shall be used to make payments to municipal corporations as	90090
provided in section 5745.05 of the Revised Code. If it is	90091
determined that additional appropriations are necessary to make	90092
such payments, such amounts are hereby appropriated.	90093

TAX REFUNDS

90094

The foregoing appropriation item 110-635, Tax Refunds, shall	90095
be used to pay refunds as provided in section 5703.052 of the	90096
Revised Code. If it is determined that additional appropriations	90097
are necessary, such amounts are appropriated.	90098

Section 104.  DOT DEPARTMENT OF TRANSPORTATION

90099

Transportation Modes

90100

General Revenue Fund

90101

Federal Special Revenue Fund Group

90108

State Special Revenue Fund Group

90112

ELDERLY AND DISABLED FARE ASSISTANCE

90118

Of the foregoing appropriation item 775-451, Public	90119
Transportation - State, up to $4,012,780 in fiscal year 2004 and	90120
$5,015,975 in fiscal year 2005 may be used to make grants to	90121
county transit boards, regional transit authorities, regional	90122
transit commissions, counties, municipal corporations, and private	90123
nonprofit organizations that operate or will operate public	90124
transportation systems, for the purpose of reducing the transit	90125
fares of elderly or disabled persons. Pursuant to division (B) of	90126
section 5501.07 of the Revised Code, the Director of	90127
Transportation shall establish criteria for the distribution of	90128
these grants.	90129

AVIATION LEASE PAYMENTS

90130

The foregoing appropriation item 777-473, Rickenbacker Lease	90131
Payments - State, shall be used to meet scheduled payments for the	90132
Rickenbacker Port Authority. The Director of Transportation shall	90133
certify to the Director of Budget and Management any	90134
appropriations in appropriation item 777-473, Rickenbacker Lease	90135
Payments - State, that are not needed to make lease payments for	90136
the Rickenbacker Port Authority. Notwithstanding section 127.14 of	90137
the Revised Code, the amount certified may be transferred by the	90138
Director of Budget and Management to appropriation item 777-471,	90139
Airport Improvements - State.	90140

Section 105.  TOS TREASURER OF STATE

90141

General Revenue Fund

90142

Agency Fund Group

90158

General Services Fund Group

90161

State Special Revenue Fund Group

90169

Section 105.01.  OFFICE OF THE SINKING FUND

90175

The foregoing appropriation item 090-401, Office of the	90176
Sinking Fund, shall be used for financing and other costs incurred	90177
by or on behalf of the Commissioners of the Sinking Fund, the Ohio	90178
Public Facilities Commission or its secretary, or the Treasurer of	90179
State, with respect to State of Ohio general obligation bonds or	90180
notes, including, but not limited to, printing, advertising,	90181
delivery, rating fees and the procurement of ratings, professional	90182
publications, membership in professional organizations, and	90183
services referred to in division (D) of section 151.01 of the	90184
Revised Code. The General Revenue Fund shall be reimbursed for	90185
such costs by intrastate transfer voucher pursuant to a	90186
certification by the Office of the Sinking Fund of the actual	90187
amounts used. The amounts necessary to make such reimbursements	90188
are appropriated from the general obligation bond retirement funds	90189
created by the Constitution and laws to the extent such costs are	90190
incurred.	90191

POLICE AND FIRE DEATH BENEFIT FUND

90192

The foregoing appropriation item 090-575, Police and Fire	90193
Death Benefits, shall be disbursed annually by the Treasurer of	90194
State at the beginning of each fiscal year to the Board of	90195
Trustees of the Ohio Police and Fire Pension Fund. By the	90196
twentieth day of June of each year, the Board of Trustees of the	90197
Ohio Police and Fire Pension Fund shall certify to the Treasurer	90198
of State the amount disbursed in the current fiscal year to make	90199
the payments required by section 742.63 of the Revised Code and	90200
shall return to the Treasurer of State moneys received from this	90201
item but not disbursed.	90202

The foregoing appropriation item 090-635, Tax Refunds, shall	90203
be used to pay refunds as provided in section 5703.052 of the	90204
Revised Code. If it is determined by the Director of Budget and	90205
Management that additional amounts are necessary, such amounts are	90206
appropriated.	90207

Section 106.  UST PETROLEUM UNDERGROUND STORAGE TANK RELEASE	90208
COMPENSATION BOARD	90209

State Special Revenue Fund Group

90210

Section 107.  TTA OHIO TUITION TRUST AUTHORITY

90216

State Special Revenue Fund Group

90217

Section 108.  OVH OHIO VETERANS' HOME

90224

General Revenue Fund

90225

General Services Fund Group

90229

Federal Special Revenue Fund Group

90232

State Special Revenue Fund Group

90236

Section 108.01.  VET VETERANS' ORGANIZATIONS

90243

General Revenue Fund

90244

VAP AMERICAN EX-PRISONERS OF WAR

90245

VAN ARMY AND NAVY UNION, USA, INC.

90247

VKW KOREAN WAR VETERANS

90249

VJW JEWISH WAR VETERANS

90251

VCW CATHOLIC WAR VETERANS

90253

VPH MILITARY ORDER OF THE PURPLE HEART

90255

VVV VIETNAM VETERANS OF AMERICA

90257

VAL AMERICAN LEGION OF OHIO

90259

VII AMVETS

90261

VAV DISABLED AMERICAN VETERANS

90263

VMC MARINE CORPS LEAGUE

90265

V37 37TH DIVISION AEF VETERANS' ASSOCIATION

90267

VFW VETERANS OF FOREIGN WARS

90269

RELEASE OF FUNDS

90273

The foregoing appropriation items 743-501, 746-501, 747-501,	90274
748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 754-501,	90275
756-501, 757-501, and 758-501, State Support, shall be released	90276
upon approval by the Director of Budget and Management.	90277

50th ANNIVERSARY COMMEMORATION OF THE KOREAN WAR

90278

Of the foregoing appropriation item 747-501, State Support,	90279
Korean War Veterans, up to $4,500 in fiscal year 2004 shall be	90280
used for activities to commemorate the 50th anniversary of the	90281
Korean War. Commemorative activities shall be carried out by the	90282
Korean War Veterans Organization with input from the Governor's	90283
Office of Veterans Affairs and the other veterans organizations	90284
representing Korean War veterans.	90285

AMERICAN EX-PRISONERS OF WAR

90286

The American Ex-Prisoners of War shall be permitted to share	90287
an office with the Veterans of World War I.	90288

CENTRAL OHIO UNITED SERVICES ORGANIZATION

90289

Of the foregoing appropriation item 751-501, State Support,	90290
Vietnam Veterans of America, $50,000 in each fiscal year shall be	90291
used to support the activities of the Central Ohio USO.	90292

VETERANS SERVICE COMMISSION EDUCATION

90293

Of the foregoing appropriation item 753-501, State Support,	90294
AMVETS, up to $20,000 in each fiscal year may be used to provide	90295
moneys to the Association of County Veterans Service Commissioners	90296
to reimburse its member county veterans service commissions for	90297
costs incurred in carrying out educational and outreach duties	90298
required under divisions (E) and (F) of section 5901.03 of the	90299
Revised Code. The Director of Budget and Management shall release	90300
these funds upon the presentation of an itemized receipt from the	90301
association for reasonable and appropriate expenses incurred while	90302
performing these duties. The association shall establish uniform	90303
procedures for reimbursing member commissions.	90304

Section 109.  DVM STATE VETERINARY MEDICAL BOARD

90305

General Services Fund Group

90306

Section 111.  DYS DEPARTMENT OF YOUTH SERVICES

90312

General Revenue Fund

90313

General Services Fund Group

90320

Federal Special Revenue Fund Group

90328

State Special Revenue Fund Group

90341

ZERO-BASED BUDGETING

90348

The Director of Budget and Management shall prepare a full	90349
zero-based budget for the biennium beginning July 1, 2005, for the	90350
Department of Youth Services. The Director shall offer the	90351
Department substantial technical assistance throughout the process	90352
of preparing their zero-based budget. The Department shall prepare	90353
a full zero-based budget in such manner and according to such	90354
schedule as the Director of Budget and Management requires. The	90355
zero-based budget shall, as the Director of Budget and Management	90356
determines, be in addition to or in place of the estimates of	90357
revenue and proposed expenditures that the Department otherwise	90358
would be required to prepare under section 126.02 of the Revised	90359
Code.	90360

OHIO BUILDING AUTHORITY LEASE PAYMENTS

90361

The foregoing appropriation item 470-412, Lease Rental	90362
Payments, in the Department of Youth Services, shall be used for	90363
payments to the Ohio Building Authority for the period from July	90364
1, 2003, to June 30, 2005, pursuant to the primary leases and	90365
agreements for facilities made under Chapter 152. of the Revised	90366
Code, but limited to the aggregate amount of $42,220,100. This	90367
appropriation is the source of funds pledged for bond service	90368
charges on related obligations issued pursuant to Chapter 152. of	90369
the Revised Code.	90370

YOUTH SERVICES BLOCK GRANT

90371

Of the foregoing appropriation item 470-510, Youth Services,	90372
$50,000 in each fiscal year shall be distributed directly to	90373
Lighthouse Youth Services.	90374

EMPLOYEE FOOD SERVICE AND EQUIPMENT

90375

Notwithstanding section 125.14 of the Revised Code, the	90376
foregoing appropriation item 470-609, Employee Food Service, may	90377
be used to purchase any food operational items with funds received	90378
into the fund from reimbursement for state surplus property.	90379

EDUCATION REIMBURSEMENT

90380

The foregoing appropriation item 470-613, Education	90381
Reimbursement, shall be used to fund the operating expenses of	90382
providing educational services to youth supervised by the	90383
Department of Youth Services. Operating expenses include, but are	90384
not limited to, teachers' salaries, maintenance costs, and	90385
educational equipment. This appropriation item shall not be used	90386
for capital expenses.	90387

FEDERAL JUVENILE JUSTICE PROGRAM TRANSFER FROM THE OFFICE OF	90388
CRIMINAL JUSTICE SERVICES TO THE DEPARTMENT OF YOUTH SERVICES	90389

Any business relating to the funds associated with the Office	90390
of Criminal Justice Services' appropriation item 196-602, Criminal	90391
Justice Federal Programs, commenced but not completed by the	90392
Office of Criminal Justice Services or its director shall be	90393
completed by the Department of Youth Services or its director in	90394
the same manner, and with the same effect, as if completed by the	90395
Office of Criminal Justice Services or its director. No	90396
validation, cure, right, privilege, remedy, obligation, or	90397
liability is lost or impaired by reason of the transfer and shall	90398
be administered by the Department of Youth Services.	90399

Any action or proceeding against the Office of Criminal	90400
Justice Services pending on the effective date of this section	90401
shall not be affected by the transfer of responsibility to the	90402
Department of Youth Services, and shall be prosecuted or defended	90403
in the name of the Department of Youth Services or its director.	90404
In all such actions and proceedings, the Department of Youth	90405
Services or its director upon application of the court shall be	90406
substituted as party.	90407

Section 112. EXPENDITURES AND APPROPRIATION INCREASES	90408
APPROVED BY THE CONTROLLING BOARD	90409

Any money that the Controlling Board approves for expenditure	90410
or any increase in appropriation authority that the Controlling	90411
Board approves pursuant to the provisions of sections 127.14,	90412
131.35, and 131.39 of the Revised Code or any other provision of	90413
law is appropriated for the period ending June 30, 2005.	90414

Section 113. PERSONAL SERVICE EXPENSES

90415

Unless otherwise prohibited by law, any appropriation from	90416
which personal service expenses are paid shall bear the employer's	90417
share of public employees' retirement, workers' compensation,	90418
disabled workers' relief, and all group insurance programs; the	90419
costs of centralized accounting, centralized payroll processing,	90420
and related personnel reports and services; the cost of the Office	90421
of Collective Bargaining; the cost of the Personnel Board of	90422
Review; the cost of the Employee Assistance Program; the cost of	90423
the affirmative action and equal employment opportunity programs	90424
administered by the Department of Administrative Services; the	90425
costs of interagency information management infrastructure; and	90426
the cost of administering the state employee merit system as	90427
required by section 124.07 of the Revised Code. These costs shall	90428
be determined in conformity with appropriate sections of law and	90429
paid in accordance with procedures specified by the Office of	90430
Budget and Management. Expenditures from appropriation item	90431
070-601, Public Audit Expense - Local Government, in Fund 422 may	90432
be exempted from the requirements of this section.	90433

Section 114. REISSUANCE OF VOIDED WARRANTS

90434

In order to provide funds for the reissuance of voided	90435
warrants pursuant to section 117.47 of the Revised Code, there is	90436
appropriated, out of moneys in the state treasury from the fund	90437
credited as provided in section 117.47 of the Revised Code, that	90438
amount sufficient to pay such warrants when approved by the Office	90439
of Budget and Management.	90440

Section 115. * CAPITAL PROJECT SETTLEMENTS

90441

This section specifies an additional and supplemental	90442
procedure to provide for payments of judgments and settlements if	90443
the Director of Budget and Management determines, pursuant to	90444
division (C)(4) of section 2743.19 of the Revised Code, that	90445
sufficient unencumbered moneys do not exist in the particular	90446
appropriation to pay the amount of a final judgment rendered	90447
against the state or a state agency, including the settlement of a	90448
claim approved by a court, in an action upon and arising out of a	90449
contractual obligation for the construction or improvement of a	90450
capital facility if the costs under the contract were payable in	90451
whole or in part from a state capital projects appropriation. In	90452
such a case, the director may either proceed pursuant to division	90453
(C)(4) of section 2743.19 of the Revised Code, or apply to the	90454
Controlling Board to increase an appropriation or create an	90455
appropriation out of any unencumbered moneys in the state treasury	90456
to the credit of the capital projects fund from which the initial	90457
state appropriation was made. The Controlling Board may approve or	90458
disapprove the application as submitted or modified. The amount of	90459
an increase in appropriation or new appropriation specified in an	90460
application approved by the Controlling Board is hereby	90461
appropriated from the applicable capital projects fund and made	90462
available for the payment of the judgment or settlement.	90463

If the director does not make the application authorized by	90464
this section or the Controlling Board disapproves the application,	90465
and the director does not make application pursuant to division	90466
(C)(4) of section 2743.19 of the Revised Code, the director shall	90467
for the purpose of making that payment make a request to the	90468
General Assembly as provided for in division (C)(5) of that	90469
section.	90470

Section 116. INCOME TAX DISTRIBUTION TO COUNTIES

90471

There are hereby appropriated out of any moneys in the state	90472
treasury to the credit of the General Revenue Fund, which are not	90473
otherwise appropriated, funds sufficient to make any payment	90474
required by division (B)(2) of section 5747.03 of the Revised	90475
Code.	90476

Section 117. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	90477
AGAINST THE STATE	90478

Any appropriation may be used for the purpose of satisfying	90479
judgments or settlements in connection with civil actions against	90480
the state in federal court not barred by sovereign immunity or the	90481
Eleventh Amendment to the Constitution of the United States, or	90482
for the purpose of satisfying judgments, settlements, or	90483
administrative awards ordered or approved by the Court of Claims	90484
in connection with civil actions against the state, pursuant to	90485
section 2743.15, 2743.19, or 2743.191 of the Revised Code. This	90486
authorization does not apply to appropriations to be applied to or	90487
used for payment of guarantees by or on behalf of the state, for	90488
or relating to lease payments or debt service on bonds, notes, or	90489
similar obligations and those from the Sports Facilities Building	90490
Fund (Fund 024), the Highway Safety Building Fund (Fund 025), the	90491
Administrative Building Fund (Fund 026), the Adult Correctional	90492
Building Fund (Fund 027), the Juvenile Correctional Building Fund	90493
(Fund 028), the Transportation Building Fund (Fund 029), the Arts	90494
Facilities Building Fund (Fund 030), the Natural Resources	90495
Projects Fund (Fund 031), the School Building Program Assistance	90496
Fund (Fund 032), the Mental Health Facilities Improvement Fund	90497
(Fund 033), the Higher Education Improvement Fund (Fund 034), the	90498
Parks and Recreation Improvement Fund (Fund 035), the State	90499
Capital Improvements Fund (Fund 038), the Highway Obligation Fund	90500
(Fund 041), the Coal Research/Development Fund (Fund 046), and any	90501
other fund into which proceeds of obligations are deposited.	90502
Nothing contained in this section is intended to subject the state	90503
to suit in any forum in which it is not otherwise subject to suit,	90504
nor is it intended to waive or compromise any defense or right	90505
available to the state in any suit against it.	90506

Section 118. * UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

90507

The maximum amounts that may be assessed against nuclear	90508
electric utilities in accordance with division (B)(2) of section	90509
4937.05 of the Revised Code are as follows:	90510

Section 119. UNCLAIMED FUNDS TRANSFER

90520

Notwithstanding division (A) of section 169.05 of the Revised	90521
Code, prior to June 30, 2004, upon the request of the Director of	90522
Budget and Management, the Director of Commerce shall transfer to	90523
the General Revenue Fund up to $25,000,000 of the unclaimed funds	90524
that have been reported by the holder of unclaimed funds as	90525
provided by section 169.05 of the Revised Code, irrespective of	90526
the allocation of the unclaimed funds under that section.	90527

Section 120. GRF TRANSFER TO FUND 5N4, OAKS PROJECT	90528
IMPLEMENTATION	90529

On July 1, 2003, or as soon thereafter as possible, the	90530
Director of Budget and Management shall transfer up to $1,250,000	90531
in cash from the General Revenue Fund to Fund 5N4, OAKS Project	90532
Implementation. On July 1, 2004, or as soon thereafter as	90533
possible, the Director of Budget and Management shall transfer up	90534
to $1,250,000 in cash from the General Revenue Fund to Fund 5N4,	90535
OAKS Project Implementation.	90536

Section 120a. FUND 4K9 TRANSFER TO GRF

90537

On July 31, 2003, or as soon thereafter as possible, the	90538
Director of Budget and Management shall transfer $2,000,000 in	90539
cash from Fund 4K9, Occupational Licensing and Regulatory Fund, to	90540
the General Revenue Fund.	90541

Section 121. CORPORATE AND UCC FILING FUND TRANSFER TO GRF

90542

Not later than the first day of June in each year of the	90543
biennium, the Director of Budget and Management shall transfer	90544
$1,000,000 from the Corporate and Uniform Commercial Code Filing	90545
Fund to the General Revenue Fund.	90546

Section 122. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

90547

Certain appropriations are in this act for the purpose of	90548
paying debt service and financing costs on general obligation	90549
bonds or notes of the state issued pursuant to the Ohio	90550
Constitution and acts of the General Assembly. If it is determined	90551
that additional appropriations are necessary for this purpose,	90552
such amounts are appropriated.	90553

Section 123.  LEASE PAYMENTS TO OPFC, OBA, AND TREASURER OF	90554
STATE	90555

Certain appropriations are in this act for the purpose of	90556
making lease payments pursuant to leases and agreements relating	90557
to bonds or notes issued by the Ohio Building Authority or the	90558
Treasurer of State or, previously, by the Ohio Public Facilities	90559
Commission, pursuant to the Ohio Constitution and acts of the	90560
General Assembly. If it is determined that additional	90561
appropriations are necessary for this purpose, such amounts are	90562
appropriated.	90563

Section 124. AUTHORIZATION FOR TREASURER OF STATE AND OBM TO	90564
EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS	90565

The Office of Budget and Management shall initiate and	90566
process disbursements from general obligation and lease rental	90567
payment appropriation items during the period from July 1, 2003,	90568
to June 30, 2005, relating to bonds or notes issued under Sections	90569
2i, 2k, 2l, 2m, 2n, 2o, and 15 of Article VIII, Ohio Constitution,	90570
and Chapters 151., 154., and 3318. of the Revised Code.	90571
Disbursements shall be made upon certification by the Treasurer of	90572
State of the dates and amounts due on those dates.	90573

Section 125.  STATE AND LOCAL REBATE AUTHORIZATION

90574

There is hereby appropriated, from those funds designated by	90575
or pursuant to the applicable proceedings authorizing the issuance	90576
of state obligations, amounts computed at the time to represent	90577
the portion of investment income to be rebated or amounts in lieu	90578
of or in addition to any rebate amount to be paid to the federal	90579
government in order to maintain the exclusion from gross income	90580
for federal income tax purposes of interest on those state	90581
obligations pursuant to section 148(f) of the Internal Revenue	90582
Code.	90583

Rebate payments shall be approved and vouchered by the Office	90584
of Budget and Management.	90585

Section 126.  APPROPRIATIONS RELATED TO CASH TRANSFERS AND	90586
REESTABLISHMENT OF ENCUMBRANCES	90587

Any cash transferred by the Director of Budget and Management	90588
as provided by section 126.15 of the Revised Code is appropriated.	90589
Any amounts necessary to reestablish appropriations or	90590
encumbrances as provided in section 126.15 of the Revised Code are	90591
appropriated.	90592

Section 127.  FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

90593

Pursuant to the plan for compliance with the Federal Cash	90594
Management Improvement Act required by section 131.36 of the	90595
Revised Code, the Director of Budget and Management is authorized	90596
to cancel and reestablish all or parts of encumbrances in like	90597
amounts within the funds identified by the plan. The amounts	90598
necessary to reestablish all or parts of encumbrances are	90599
appropriated.	90600

Section 128. STATEWIDE INDIRECT COST RECOVERY

90601

Whenever the Director of Budget and Management determines	90602
that an appropriation made to a state agency from a fund of the	90603
state is insufficient to provide for the recovery of statewide	90604
indirect costs pursuant to section 126.12 of the Revised Code, the	90605
amount required for such purpose is appropriated from the	90606
available receipts of such fund.	90607

Section 129.  GRF TRANSFERS ON BEHALF OF THE STATEWIDE	90608
INDIRECT COST ALLOCATION PLAN	90609

The total transfers made from the General Revenue Fund by the	90610
Director of Budget and Management pursuant to this section shall	90611
not exceed the amounts transferred into the General Revenue Fund	90612
pursuant to division (B) of section 126.12 of the Revised Code.	90613

A director of an agency may certify to the Director of Budget	90614
and Management the amount of expenses not allowed to be included	90615
in the Statewide Indirect Cost Allocation plan pursuant to federal	90616
regulations, from any fund included in the Statewide Indirect Cost	90617
Allocation plan, prepared as required by section 126.12 of the	90618
Revised Code.	90619

Upon determining that no alternative source of funding is	90620
available to pay for such expenses, the Director of Budget and	90621
Management may transfer from the General Revenue Fund into the	90622
fund for which the certification is made, up to the amount of the	90623
certification. The director of the agency receiving such funds	90624
shall include, as part of the next budget submission prepared	90625
pursuant to section 126.02 of the Revised Code, a request for	90626
funding for such activities from an alternative source such that	90627
further federal disallowances would not be required.	90628

Section 130.  REAPPROPRIATION OF UNEXPENDED ENCUMBERED	90629
BALANCES OF OPERATING APPROPRIATIONS	90630

An unexpended balance of an operating appropriation or	90631
reappropriation that a state agency lawfully encumbered prior to	90632
the close of a fiscal year is reappropriated on the first day of	90633
July of the following fiscal year from the fund from which it was	90634
originally appropriated or reappropriated for the following period	90635
and shall remain available only for the purpose of discharging the	90636
encumbrance:	90637

(A) For an encumbrance for personal services, maintenance,	90638
equipment, or items for resale, other than an encumbrance for an	90639
item of special order manufacture not available on term contract	90640
or in the open market or for reclamation of land or oil and gas	90641
wells for a period of not more than five months from the end of	90642
the fiscal year;	90643

(B) For an encumbrance for an item of special order	90644
manufacture not available on term contract or in the open market,	90645
for a period of not more than five months from the end of the	90646
fiscal year or, with the written approval of the Director of	90647
Budget and Management, for a period of not more than twelve months	90648
from the end of the fiscal year;	90649

(C) For an encumbrance for reclamation of land or oil and gas	90650
wells, for a period ending when the encumbered appropriation is	90651
expended or for a period of two years, whichever is less;	90652

(D) For an encumbrance for any other expense, for such period	90653
as the director approves, provided such period does not exceed two	90654
years.	90655

Any operating appropriations for which unexpended balances	90656
are reappropriated beyond a five-month period from the end of the	90657
fiscal year, pursuant to division (B) of this section, shall be	90658
reported to the Controlling Board by the Director of Budget and	90659
Management by the thirty-first day of December of each year. The	90660
report on each such item shall include the item, the cost of the	90661
item, and the name of the vendor. This report to the board shall	90662
be updated on a quarterly basis for encumbrances remaining open.	90663

Upon the expiration of the reappropriation period set out in	90664
divisions (A), (B), (C), or (D) of this section, a reappropriation	90665
made pursuant to this section lapses, and the Director of Budget	90666
and Management shall cancel the encumbrance of the unexpended	90667
reappropriation not later than the end of the weekend following	90668
the expiration of the reappropriation period.	90669

Notwithstanding the preceding paragraph, with the approval of	90670
the Director of Budget and Management, an unexpended balance of an	90671
encumbrance that was reappropriated on the first day of July	90672
pursuant to this section for a period specified in division (C) or	90673
(D) of this section and that remains encumbered at the close of	90674
the fiscal biennium is hereby reappropriated pursuant to this	90675
section on the first day of July of the following fiscal biennium	90676
from the fund from which it was originally appropriated or	90677
reappropriated for the applicable period specified in division (C)	90678
or (D) of this section and shall remain available only for the	90679
purpose of discharging the encumbrance.	90680

If the Controlling Board approved a purchase, that approval	90681
remains in effect as long as the appropriation used to make that	90682
purchase remains encumbered.	90683

Section 131.  FEDERAL GOVERNMENT INTEREST REQUIREMENTS

90684

Notwithstanding any provision of law to the contrary, on or	90685
before the first day of September of each fiscal year, the	90686
Director of Budget and Management, in order to reduce the payment	90687
of adjustments to the federal government, as determined by the	90688
plan prepared pursuant to division (A) of section 126.12 of the	90689
Revised Code, may designate such funds as the director considers	90690
necessary to retain their own interest earnings.	90691

Section 131.01. That Sections 11 and 11.04 of Am. Sub. H.B.	90692
87 of the 125th General Assembly be amended to read as follows:	90693

Sec. 11.  DOT DEPARTMENT OF TRANSPORTATION

90694

Transportation Planning and Research

90696

Highway Operating Fund Group

90697

Highway Construction

90705

Highway Operating Fund Group

90706

Highway Capital Improvement Fund Group

90716

Highway Maintenance

90726

Highway Operating Fund Group

90727

Public Transportation

90733

Highway Operating Fund Group

90734

Rail Transportation

90742

Highway Operating Fund Group

90743

State Special Revenue Fund Group

90747

Aviation

90753

Highway Operating Fund Group

90754

Administration

90761

State Special Revenue Fund Group

90762

Highway Operating Fund Group

90766

Debt Service

90772

Highway Operating Fund Group

90773

TOTAL Department of Transportation

90779

Sec. 11.04.  PUBLIC ACCESS ROADS FOR STATE FACILITIES

90792

Of the foregoing appropriation item 772-421, Highway	90793
Construction - State, $3,145,500 is to be used each fiscal year	90794
during the 2003-2005 biennium by the Department of Transportation	90795
for the construction, reconstruction, or maintenance of public	90796
access roads, including support features, to and within state	90797
facilities owned or operated by the Department of Natural	90798
Resources, as requested by the Director of Natural Resources.	90799

Notwithstanding section 5511.06 of the Revised Code, of the	90800
foregoing appropriation item 772-421, Highway Construction -	90801
State, $2,228,000 in each fiscal year of the 2003-2005 biennium	90802
shall be used by the Department of Transportation for the	90803
construction, reconstruction, or maintenance of park drives or	90804
park roads within the boundaries of metropolitan parks.	90805

Included in the foregoing appropriation item 772-421, Highway	90806
Construction - State, the department may perform related road work	90807
on behalf of the Ohio Expositions Commission at the state	90808
fairgrounds, including reconstruction or maintenance of public	90809
access roads, including support features, to and within the	90810
facilities as requested by the commission and approved by the	90811
Director of Transportation.	90812

LIQUIDATION OF UNFORESEEN LIABILITIES

90813

Any appropriation made to the Department of Transportation,	90814
Highway Operating Fund, not otherwise restricted by law, is	90815
available to liquidate unforeseen liabilities arising from	90816
contractual agreements of prior years when the prior year	90817
encumbrance is insufficient.	90818

RUMBLE STRIPS AT RAILROAD CROSSINGS

90819

Of the foregoing appropriation item 776-665, Railroad	90820
Crossing Safety Devices, $1,000,000 in fiscal year 2004 shall be	90821
used by the Department of Transportation to fund competitive	90822
grants to political subdivisions for the cost of putting rumble	90823
strips at active railroad crossings without gates or lights. The	90824
maximum amount of a competitive grant is $50,000 for any single	90825
crossing. Each political subdivision with jurisdiction over a	90826
crossing may apply to the Department for a competitive grant for	90827
the costs of putting rumble strips at crossings. Those political	90828
subdivisions awarded grants shall install the rumble strips by	90829
December 1, 2004. Those political subdivisions awarded such grants	90830
shall not use the moneys as matching funds for any other state	90831
rail safety programs.	90832

If rumble strips are not appropriate for a crossing, the	90833
Department may allow the political subdivision which is awarded	90834
the grant to use the funding for a safety device or technology	90835
more appropriate for the crossing.	90836

The Department shall notify each political subdivision with	90837
jurisdiction over a crossing of the requirements of this section	90838
that funding is available for rumble strips at crossings and for	90839
other rail crossing safety improvements. The Department also shall	90840
notify associations representing political subdivisions of the	90841
availability of the funding.	90842

The Department shall spend no more than five per cent of the	90843
appropriation item on Department administrative expenses.	90844

The Department shall issue a report on or before June 30,	90845
2005, describing the activities carried out by the Department to	90846
comply with the provisions of this section. The report shall	90847
include the number of crossings at which rumble strip installation	90848
was completed, the cost of each installation to date, the number	90849
of active crossings without gates or lights that still do not have	90850
rumble strips, and a geographic breakdown of where the crossings	90851
are that have and have not yet received rumble strips.	90852

All appropriations in Fund 4A3, appropriation item 776-665,	90853
Railroad Crossing Safety Devices, remaining unencumbered on June	90854
30, 2004, are hereby reappropriated for the same purpose in fiscal	90855
year 2005. The Department shall report all such appropriations to	90856
the Controlling Board.	90857

Section 131.02. That existing Sections 11 and 11.04 of Am.	90858
Sub. H.B. 87 of the 125th General Assembly are hereby repealed.	90859

Section 131.03.  That Section 13.05 of Am. Sub. H.B. 87 of	90860
the 125th General Assembly be amended to read as follows:	90861

Sec. 13.05.  EMERGENCY MANAGEMENT

90862

Federal Special Revenue Fund Group

90863

General Services Fund Group

90873

State Special Revenue Fund Group

90878

SARA TITLE III HAZMAT PLANNING

90886

The SARA Title III HAZMAT Planning Fund (Fund 681) shall	90887
receive grant funds from the Emergency Response Commission to	90888
implement the Emergency Management Agency's responsibilities under	90889
Chapter 3750. of the Revised Code.	90890

STATE DISASTER RELIEF

90891

The foregoing appropriation item 763-601, State Disaster	90892
Relief, may accept transfers of cash and appropriations from	90893
Controlling Board appropriation items to reimburse eligible local	90894
governments and private nonprofit organizations for costs related	90895
to disasters that have been declared by local governments or the	90896
Governor. The Ohio Emergency Management Agency shall publish and	90897
make available an application packet outlining eligible items and	90898
application procedures for entities requesting state disaster	90899
relief.	90900

Individuals may be eligible for reimbursement of costs	90901
related to disasters that have been declared by the Governor and	90902
the Small Business Administration. The funding in appropriation	90903
item 763-601, State Disaster Relief, shall be used in accordance	90904
with the principles of the federal Individual and Family Grant	90905
Program, which provides grants to households that have been	90906
affected by a disaster to replace basic living items. The Ohio	90907
Emergency Management Agency shall publish and make available an	90908
application procedure for individuals requesting assistance under	90909
the state Individual Assistance Program.	90910

EMA SERVICE AND REIMBURSEMENT FUND

90911

On July 1, 2003, or as soon as possible thereafter, the	90912
Director of Budget and Management shall transfer the cash balances	90913
in the EMA Utility Payment Fund (Fund 4Y0) and the Salvage and	90914
Exchange-EMA Fund (Fund 4Y1) to the EMA Service and Reimbursement	90915
Fund (Fund 4V3), created in section 5502.39 of the Revised Code.	90916
Upon the completion of the transfer, notwithstanding any other	90917
provision of law to the contrary, the EMA Utility Payment Fund	90918
(Fund 4Y0) and the Salvage and Exchange-EMA Fund (Fund 4Y1) are	90919
abolished. The director shall cancel any existing encumbrances	90920
against appropriation items 763-654, EMA Utility Payment, and	90921
763-655, Salvage and Exchange-EMA, and reestablish them against	90922
appropriation item 763-662, EMA Service and Reimbursement. The	90923
amounts of the reestablished encumbrances are hereby appropriated.	90924

Section 131.04.  That existing Section 13.05 of Am. Sub. H.B.	90925
87 of the 125th General Assembly is hereby repealed.	90926

Section 131.05. That Sections 1.09 and 35.03 of H.B. 675 of	90927
the 124th General Assembly be amended to read as follows:	90928

Sec. 1.09. Sections 1.07 and 1.08 of this actH.B. 675 of the	90929
124th General Assembly take effect JulyJanuary 1, 20032004.	90930

Sec. 35.03. Section 5739.031 of the Revised Code takes effect	90931
July 1, 2003January 1, 2004.	90932

Section 131.06. That existing Sections 1.09 and 35.03 of H.B.	90933
675 of the 124th General Assembly are hereby repealed.	90934

Section 131.07. The amendment by this act of Sections 1.09	90935
and 35.03 of H.B. 675 of the 124th General Assembly provides for	90936
or is essential to the implementation of a tax levy. Therefore,	90937
under Ohio Constitution, Article II, Section 1d, the amendment is	90938
not subject to the referendum and goes into immediate effect when	90939
this act becomes law.	90940

Section 131E.  That Sections 18.03, 18.04, 19.39, and 19.52	90941
of H.B. 675 of the 124th General Assembly be amended to read as	90942
follows:	90943

Appropriations

Sec. 18.03.  DMH DEPARTMENT OF MENTAL HEALTH

90944

COMMUNITY ASSISTANCE PROJECTS

90949

Of the foregoing appropriation item CAP-479, Community	90950
Assistance Projects, $500,000 shall be used for the Achievement	90951
Centers for Children in Cuyahoga County$250,000 shall be used for	90952
the Berea Children's Home.	90953

Sec. 18.04.  DMR DEPARTMENT OF MENTAL RETARDATION AND	90954
DEVELOPMENTAL DISABILITIES	90955

Appropriations

STATEWIDE AND CENTRAL OFFICE PROJECTS

90956

COMMUNITY ASSISTANCE PROJECTS

90963

The foregoing appropriation item CAP-480, Community	90964
Assistance Projects, may be used to provide community assistance	90965
funds for the development, purchase, construction, or renovation	90966
of facilities for day programs or residential programs that	90967
provide services to persons eligible for services from the	90968
Department of Mental Retardation and Developmental Disabilities or	90969
county boards of mental retardation and developmental	90970
disabilities. Any funds provided to nonprofit agencies for the	90971
construction or renovation of facilities for persons eligible for	90972
services from the Department of Mental Retardation and	90973
Developmental Disabilities and county boards of mental retardation	90974
and developmental disabilities shall be governed by the prevailing	90975
wage provisions in section 176.05 of the Revised Code.	90976

Of the foregoing appropriation item CAP-480, Community	90977
Assistance Projects, $150,000 shall be used for the Fostoria Area	90978
Community Childhood and Family Center; $250,000 shall be used for	90979
the Berea Children's Home; and $1,000,000 shall be used for the	90980
Bellefaire Jewish Children's Bureau; and $500,000 shall be used	90981
for the Achievement Centers for Children in Cuyahoga County.	90982

Appropriations

Sec. 19.39.  BTC BELMONT TECHNICALCOMMUNITY COLLEGE

90983

Sec. 19.52.  The requirements of Chapters 123. and 153. of	90987
the Revised Code, with respect to the powers and duties of the	90988
Director of Administrative Services, and the requirements of	90989
section 127.16 of the Revised Code, with respect to the	90990
Controlling Board, shall not apply to projects of community	90991
college districts, which include Belmont Community College,	90992
Cuyahoga Community College, Jefferson Community College, Lakeland	90993
Community College, Lorain County Community College, Rio Grande	90994
Community College, and Sinclair Community College; and technical	90995
college districts which include Belmont Technical College, Central	90996
Ohio Technical College, Hocking Technical College, Lima Technical	90997
College, Marion Technical College, Muskingum Area Technical	90998
College, North Central Technical College, and Stark Technical	90999
College.	91000

Section 131F.  That existing Sections 18.03, 18.04, 19.39,	91001
and 19.52 of H.B. 675 of the 124th General Assembly are hereby	91002
repealed.	91003

Section 131G. That Section 3 of Am. Sub. S.B. 143 of the	91004
124th General Assembly be amended to read as follows:	91005

Sec. 3. Sections 5739.021, 5739.023, 5739.026, 5739.03,	91006
5739.031, 5739.033, 5739.12, 5741.02, and 5741.12, and division	91007
(I)(7) of section 5741.01 of the Revised Code, as amended by this	91008
actAm. Sub. S.B. 143 of the 124th General Assembly, and sections	91009
306.73, 5703.65, 5739.04, 5739.06, 5741.05, and 5741.08 of the	91010
Revised Code, as enacted by this actAm. Sub. S.B. 143 of the	91011
124th General Assembly, shall take effect July 1, 2003. Sections	91012
5739.021, 5739.023, 5739.026, 5739.031, and 5739.033 of the	91013
Revised Code, as amended by Am. Sub. S.B. 143 of the 124th General	91014
Assembly, shall take effect January 1, 2004.	91015

Section 131H. That existing Section 3 of Am. Sub. S.B. 143 of	91016
the 124th General Assembly is hereby repealed.	91017

Section 131I. The amendment by this act of Section 3 of Am.	91018
Sub. S.B. 143 of the 124th General Assembly provides for or is	91019
essential to the implementation of a tax levy. Therefore, under	91020
Ohio Constitution, Article II, Section 1d, the amendment is not	91021
subject to the referendum and goes into immediate effect when this	91022
act becomes law.	91023

Section 131J. The amendments to sections 5739.021, 5739.023,	91024
and 5739.026 of the Revised Code by Am. Sub. S.B. 143 of the 124th	91025
General Assembly apply to levies proposed by a resolution adopted	91026
on or after January 1, 2004, and do not apply to levies proposed	91027
by a resolution adopted before that date.	91028

Section 131K. Sections 131G, 131H, 131I, and 131J of this act	91029
intend to delay the scheduled July 1, 2003, effective date of	91030
sections 5739.021, 5739.023, 5739.026, 5739.031, and 5739.033 of	91031
the Revised Code until January 1, 2004.	91032

Section 132.01.  That Sections 10 and 14 of Am. Sub. S.B. 242	91033
of the 124th General Assembly be amended to read as follows:	91034

Sec. 10. NET SCHOOLNET COMMISSION

91035

Tobacco Master Settlement Agreement Fund Group

91036

EDUCATION TECHNOLOGY TRUST FUND

91042

The foregoing appropriation item 228-602, Education	91043
Technology Trust Fund, shall be used by the SchoolNet Commission	91044
for grants to school districts and other entities and for the	91045
costs of administering these grants. Of the total amount for	91046
grants, $1,917,293 in fiscal year 2003 shall be used for the Ohio	91047
ONEnet project, $909,247 in fiscal year 2003 shall be used for the	91048
INFOhio Network, $298,750 in fiscal year 2003 shall be used for	91049
the JASON Project, $1,000,000 in fiscal year 2003 shall be used	91050
for RISE Learning Solutions, and $200,000 in fiscal year 2003	91051
shall be used for the Stark County School Teacher Technical	91052
Training Center. The remaining amount for grants shall be made to	91053
school districts.	91054

The JASON Project shall provide funding for statewide access	91055
and a seventy-five per cent subsidy for statewide licensing of	91056
JASON content for 90,000 middle school students statewide, and	91057
professional development for teachers participating in the JASON	91058
Project.	91059

It is the intent of the General Assembly that the SchoolNet	91060
Commission, in conjunction with RISE Learning Solutions, shall	91061
develop a program that may be conducted in conjunction with	91062
state-supported technology programs, including, but not limited	91063
to, SchoolNet Commission appropriation item 228-406, Technical and	91064
Instructional Professional Development, and appropriation item	91065
228-539, Education Technology, and that shall be designed to	91066
educate preschool staff members and providers on developmentally	91067
appropriate teaching methods, behavior guidance, and literacy and	91068
to involve parents more closely in the education and development	91069
of their children. The program shall include an interactive	91070
instructional component, delivered using satellite television,	91071
Internet, and with facilitation, and shall be distributed to	91072
program participants using the established satellite receiver	91073
dishes on public schools, Head Start centers, and childcare	91074
centers at up to 100 locations throughout the state. The	91075
interactive instructional component of the program shall be	91076
developed to enhance the professional development, training, and	91077
performance of preschool staff members, the education and	91078
care-giving skills of the parents of preschool children, and the	91079
preparation of preschool-age children for learning.	91080

The program shall utilize the grant to continue a	91081
direct-service component that shall include at least three	91082
teleconferences that may be distributed by Ohio-based public	91083
television utilizing satellite or microwave technology in a manner	91084
designed to promote interactive communications between the program	91085
participants located at subsites within the Ohio Educational	91086
Broadcast Network or as determined by the commission. Program	91087
participants shall communicate with trainers and participants at	91088
other program sites through telecommunications and facsimile and	91089
on-line computer technology. As much as possible, the	91090
direct-service component shall utilize systems currently available	91091
in state-supported technology programs and conduct the component	91092
in a manner that promotes innovative, interactive communications	91093
between program participants at all the sites. Parent support	91094
groups and teacher training sessions shall supplement the	91095
teleconferences and shall occur on a local basis.	91096

RISE Learning Solutions may subcontract components of the	91097
program.	91098

Individuals eligible to participate in the program include	91099
those children, their parents, custodians, or guardians, and	91100
preschool staff members who are eligible to participate in a	91101
preschool program as defined in division (A) of section 3301.52	91102
and section 5104.02 of the Revised Code.	91103

The components of the program, including two that shall be	91104
developed in support of teacher proficiency in teaching reading to	91105
prekindergarten and kindergarten to third grade students, at the	91106
direction of the Department of Education, may include: two	91107
three-hour broadcast seminars from a central up-link station,	91108
distributed in up to 88 counties; high production-value video	91109
sought in various locations; and direct interactive adult learning	91110
activities. These two components shall include development of	91111
workbooks and involve at least three small, group-facilitated	91112
follow-up discussion workshops and development and distribution of	91113
at least two home videos. The program shall also provide Internet	91114
access, interactive lines, bulletin board, and CD-ROM.	91115

Upon completion of each of the school years for which the	91116
grant was made, RISE Learning Solutions shall issue a report to	91117
the commission and members of the General Assembly explaining the	91118
goals and objectives determined, the activities implemented, the	91119
progress made toward the achievement of the goals and objectives,	91120
and the outcome of the program.	91121

The commission shall use the remaining appropriation	91122
authority in fiscal year 2003 and appropriation authority granted	91123
in fiscal year 2004 to establish and equip, through the SchoolNet	91124
Plus Program, at least one interactive computer station for each	91125
five children enrolled in the sixth grade as determined by a	91126
three-year average adjusted per pupil property valuation pursuant	91127
to division (A) of section 3317.03 of the Revised Code. Districts	91128
in the first two quartiles of wealth shall receive up to $380 per	91129
pupil for students in grade six to purchase classroom computers	91130
for the sixth grade. Districts in the third and fourth quartile	91131
shall receive approximatelyup to $188 per sixth grade pupil. If a	91132
district has met the state's goal of one computer to every five	91133
students, the district may use funds provided through the	91134
SchoolNet Plus Program to purchase computers for grade seven or to	91135
fulfill educational technology needs on other grades as specified	91136
in the district's technology plan. When there is at least one	91137
computer for each five children enrolled in the sixth grade,	91138
SchoolNet shall use any remaining funds appropriated to establish	91139
and equip at least one interactive computer workstation for each	91140
five children enrolled in the seventh grade as determined by the	91141
previously defined formula.	91142

Sec. 14.  All items set forth in this section are hereby	91143
appropriated out of any moneys in the state treasury to the credit	91144
of the Education Facilities Trust Fund (Fund N87) that are not	91145
otherwise appropriated.	91146

Appropriations

SFC SCHOOL FACILITIES COMMISSION

91147

Section 132.02.  That existing Sections 10 and 14 of Am. Sub.	91152
S.B. 242 of the 124th General Assembly is hereby repealed.	91153

Section 132.02A. That Section 24.43 of Am. Sub. H.B. 524 of	91154
the 124th General Assembly be amended to read as follows:	91155

Reappropriations

Sec. 24.43. BTC BELMONT TECHNICALCOMMUNITY COLLEGE

91156

Section 132.02B. That existing Section 24.43 of Am. Sub. H.B.	91162
524 of the 124th General Assembly is hereby repealed.	91163

Section 132.03.  That Section 3 of Am. Sub. H.B. 215 of the	91164
122nd General Assembly, as most recently amended by Am. Sub. H.B.	91165
94 of the 124th General Assembly, be amended to read as follows:	91166

Sec. 3.  Section 1751.68 of the Revised Code is hereby	91167
repealed, effective October 16, 20032005.	91168

Section 132.04.  That existing Section 3 of Am. Sub. H.B. 215	91169
of the 122nd General Assembly, as most recently amended by Am.	91170
Sub. H.B. 94 of the 124th General Assembly, is hereby repealed.	91171

Section 132.05. * That Section 3 of Am. Sub. H.B. 621 of the	91172
122nd General Assembly, as most recently amended by Am. Sub. H.B.	91173
94 of the 124th General Assembly, be amended to read as follows:	91174

Sec. 3.  That sections 166.031, 901.80, 901.81, 901.82, and	91175
901.83 of the Revised Code are hereby repealed, effective July 1,	91176
2003October 15, 2005.	91177

Section 132.06. * That existing Section 3 of Am. Sub. H.B.	91178
621 of the 122nd General Assembly, as most recently amended by Am.	91179
Sub. H.B. 94 of the 124th General Assembly, is hereby repealed.	91180

Section 132.07.  That Section 153 of Am. Sub. H.B. 117 of the	91181
121st General Assembly, as most recently amended by Am. Sub. H.B.	91182
94 of the 124th General Assembly, be amended to read as follows:	91183

Sec. 153.  (A) Sections 5112.01, 5112.03, 5112.04, 5112.05,	91184
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.18,	91185
5112.19, 5112.21, and 5112.99 of the Revised Code are hereby	91186
repealed, effective October 16, 20032005.	91187

(B) Any money remaining in the Legislative Budget Services	91188
Fund on October 16, 20032005, the date that section 5112.19 of	91189
the Revised Code is repealed by division (A) of this section,	91190
shall be used solely for the purposes stated in then former	91191
section 5112.19 of the Revised Code. When all money in the	91192
Legislative Budget Services Fund has been spent after then former	91193
section 5112.19 of the Revised Code is repealed under division (A)	91194
of this section, the fund shall cease to exist.	91195

Section 132.08.  That existing Section 153 of Am. Sub. H.B.	91196
117 of the 121st General Assembly, as most recently amended by Am.	91197
Sub. H.B. 94 of the 124th General Assembly, is hereby repealed.	91198

Section 132.09. * That Section 27 of Sub. H.B. 670 of the	91199
121st General Assembly, as amended by Sub. H.B. 548 of the 123rd	91200
General Assembly, be amended to read as follows:	91201

Sec. 27.  The following agencies shall be retained pursuant	91202
to division (D) of section 101.83 of the Revised Code and shall	91203
expire on December 31, 2004:	91204

Section 132.10. * That existing Section 27 of Sub. H.B. 670	91345
of the 121st General Assembly, as amended by Sub. H.B. 548 of the	91346
123rd General Assembly, is hereby repealed.	91347

Section 132.11. That Section 5 of Am. Sub. S.B. 50 of the	91348
121st General Assembly, as most recently amended by Am. Sub. H.B.	91349
94 of the 124th General Assembly, be amended to read as follows:	91350

Sec. 5.  Sections 3 and 4 of Am. Sub. S.B. 50 of the 121st	91351
General Assembly shall take effect July 1, 20032005.	91352

Section 132.12.  That existing Section 5 of Am. Sub. S.B. 50	91353
of the 121st General Assembly, as most recently amended by Am.	91354
Sub. H.B. 94 of the 124th General Assembly, is hereby repealed.	91355

Section 132.12A. Section 63.37 of Am. Sub. H.B. 94 of the	91356
124th General Assembly, as amended by Am. Sub. H.B. 299 of the	91357
124th General Assembly and Am. Sub. S.B. 261 of the 124th General	91358
Assembly, is hereby repealed.	91359

Section 132.12B. That Section 2 of Am. Sub. H.B. 71 of the	91360
120th General Assembly be amended to read as follows:	91361

Sec. 2. Sections 1742.42, 3901.49, and 3901.50 of the Revised	91362
Code are hereby repealed, effective ten years after the effective	91363
date of this actFebruary 9, 2014. The repeal of these sections	91364
shall apply only to contracts and policies that are delivered,	91365
issued for delivery, or renewed in this state on or after that	91366
date, and to plans of self-insurance that are established or	91367
modified in this state on or after that date.	91368

Section 132.12C. That existing Section 2 of Am. Sub. H.B. 71	91369
of the 120th General Assembly is hereby repealed.	91370

Section 132.12D. That Section 6 of Am. Sub. S.B. 67 of the	91371
122nd General Assembly be amended to read as follows:	91372

Sec. 6. Section 1751.64 of the Revised Code is hereby	91373
repealed, effective February 9, 20042014. The repeal of that	91374
section shall apply only to contracts that are delivered, issued	91375
for delivery, or renewed in this state on or after that date.	91376

Section 132.12E. That existing Section 6 of Am. Sub. S.B. 67	91377
of the 122nd General Assembly is hereby repealed.	91378

Section 132.14. Section 129 of Am. Sub. H.B. 283 of the 123rd	91379
General Assembly as amended by Am. Sub. H.B. 94 of the 124th	91380
General Assembly is hereby repealed.	91381

Section 132.14B. Section 16 of Am. Sub. H.B. 87 of the 125th	91382
General Assembly is hereby repealed.	91383

Section 132.14C. * (A) Section 3 of Am. Sub. S.B. 272 of the	91384
123rd General Assembly, as amended by Am. Sub. H.B. 768 of the	91385
123rd General Assembly, is hereby repealed.	91386

(B) Notwithstanding the repeal of Section 3 of Am. Sub. S.B.	91387
272 of the 123rd General Assembly, as subsequently amended,	91388
prescribed in division (A) of this section, a school district that	91389
is participating in the School Building Assistance Expedited Local	91390
Partnership Program under section 3318.36 of the Revised Code may	91391
apply as local resources under that program those expenditures	91392
described in Section 3 of Am. Sub. S.B. 272 of the 123rd General	91393
Assembly, as subsequently amended, if, and only if, all the	91394
following conditions are satisfied:	91395

(1) The school district's project was conditionally approved	91396
by the Ohio School Facilities Commission and subsequently approved	91397
by the Controlling Board under division (D)(1) of section 3318.36	91398
of the Revised Code not later than one hundred eighty days after	91399
the effective date of this section.	91400

(2) The school district board of education and the Commission	91401
entered into an agreement under section 3318.36 of the Revised	91402
Code, not later than one hundred eighty days after the effective	91403
date of this section, for the district to acquire the discrete	91404
part of the project under the Expedited Local Partnership Program,	91405
as identified by the school district board under division (D)(1)	91406
of section 3318.36 of the Revised Code.	91407

Section 132.16. That Section 11 of Am. Sub. S.B. 50 of the	91408
121st General Assembly, as amended by Am. Sub. H.B. 405 of the	91409
124th General Assembly, is hereby repealed.	91410

Section 132.17. That Section 3 of Am. Sub. S.B. 238 of the	91411
123rd General Assembly is hereby repealed. The intent of this	91412
repeal is to remove the limitation upon the continued existence of	91413
sections 4779.01 to 4779.13, 4779.15 to 4779.33, and 4779.99 of	91414
the Revised Code. This intent is not affected by the rule of	91415
statutory interpretation contained in section 1.57 of the Revised	91416
Code.	91417

Section 132.18.  That Section 72 of Am. Sub. H.B. 850 of the	91418
122nd General Assembly is hereby repealed.	91419

Section 133. TRANSFERS FROM THE TOBACCO MASTER SETTLEMENT	91420
AGREEMENT FUND TO THE GENERAL REVENUE FUND	91421

Notwithstanding section 183.02 of the Revised Code, on or	91422
before June 30, 2004, the Director of Budget and Management may	91423
transfer up to $242,800,000 to the General Revenue Fund from the	91424
Tobacco Master Settlement Agreement Fund (Fund 087), as provided	91425
in divisions (A) and (B) of this section:	91426

(A) Up to $120,000,000 of the revenue that otherwise would be	91427
transferred from the Tobacco Master Settlement Agreement Fund to	91428
the Tobacco Use Prevention and Cessation Trust Fund (Fund H87)	91429
shall instead be transferred to the General Revenue Fund. Of the	91430
tobacco revenue that is credited to the Tobacco Master Settlement	91431
Agreement Fund in fiscal year 2004, the share that is determined	91432
pursuant to section 183.02 of the Revised Code to be the amount to	91433
be transferred by the Director of Budget and Management from the	91434
Tobacco Master Settlement Agreement Fund to the Tobacco Use	91435
Prevention and Cessation Trust Fund shall be reduced by the amount	91436
that is transferred from the Tobacco Master Settlement Agreement	91437
Fund to the General Revenue Fund in accordance with this division.	91438

(B) Up to $122,800,000 of the revenue that otherwise would be	91439
transferred form the Tobacco Master Settlement Agreement Fund to	91440
the Education Facilities Trust Fund (Fund N87) shall instead be	91441
transferred to the General Revenue Fund. Of the tobacco revenue	91442
that is credited to the Tobacco Master Settlement Agreement Fund	91443
in fiscal year 2004, the share that is determined pursuant to	91444
section 183.02 of the Revised Code to be the amount to be	91445
transferred by the Director of Budget and Management from the	91446
Tobacco Master Settlement Agreement Fund to the Education	91447
Facilities Trust Fund shall be reduced by the amount that is	91448
transferred from the Tobacco Master Settlement Agreement Fund to	91449
the General Revenue Fund in accordance with this division.	91450

Section 134. TEMPORARY ADJUSTMENT TO LOCAL GOVERNMENT	91451
DISTRIBUTIONS	91452

(A) On or before the seventh day of each month of the period	91453
July 2003 through June 2005, the Tax Commissioner shall determine	91454
and certify to the Director of Budget and Management the amount to	91455
be credited, by tax, during that month to the Local Government	91456
Fund, to the Library and Local Government Support Fund, and to the	91457
Local Government Revenue Assistance Fund, respectively, pursuant	91458
to divisions (B), (C), and (D) of this section.	91459

(B) Notwithstanding section 5727.84 of the Revised Code to	91460
the contrary, for the period July 1, 2003, through June 30, 2005,	91461
no amounts shall be credited to the Local Government Fund or to	91462
the Local Government Revenue Assistance Fund from the kilowatt	91463
hour tax, and such amounts that would have otherwise been required	91464
to be credited to such funds shall instead be credited to the	91465
General Revenue Fund. Notwithstanding sections 5727.45, 5733.12,	91466
5739.21, 5741.03, and 5747.03 of the Revised Code to the contrary,	91467
for each month in the period July 1, 2003, through June 30, 2005,	91468
from the public utility excise, corporate franchise, sales, use,	91469
and personal income taxes collected;	91470

(1) An amount shall first be credited to the Local Government	91471
Fund that equals the amount credited to that fund from that tax	91472
according to the schedule in division (C) of this section.	91473

(2) An amount shall next be credited to the Local Government	91474
Revenue Assistance Fund that equals the amount credited to that	91475
fund from that tax according to the schedule in division (C) of	91476
this section.	91477

(3) An amount shall next be credited to the Library and Local	91478
Government Support Fund that equals the amount credited to that	91479
fund from that tax according to the schedule in division (C) of	91480
this section. For purposes of determining the amount to be	91481
credited to the Library and Local Government Support Fund in each	91482
month of fiscal year 2004 pursuant to division (C) of this	91483
section, the amount credited in fiscal year 2003 shall be before	91484
the transfer made from the Library and Local Government Support	91485
Fund to the OPLIN Technology Fund under Section 70 of Am. Sub.	91486
H.B. 94 of the 124th General Assembly. For purposes of determining	91487
the amount to be credited to the Library and Local Government	91488
Support Fund in each month of fiscal year 2005 pursuant to	91489
division (C) of this section, the amount credited in fiscal year	91490
2004 shall be before any transfer required to be made from the	91491
Library and Local Government Support Fund to the OPLIN Technology	91492
Fund.	91493

(C) The amounts shall be credited from each tax to each	91494
respective fund as follows:	91495

(1) In July 2003, one hundred per cent of the amount credited	91496
in July 2002; in July 2004, one hundred per cent of the amount	91497
credited in July 2003;	91498

(2) In August 2003, one hundred per cent of the amount	91499
credited in August 2002; in August 2004, one hundred per cent of	91500
the amount credited in August 2003;	91501

(3) In September 2003, one hundred per cent of the amount	91502
credited in September 2002; in September 2004, one hundred per	91503
cent of the amount credited in September 2003;	91504

(4) In October 2003, one hundred per cent of the amount	91505
credited in October 2002; in October 2004, one hundred per cent of	91506
the amount credited in October 2003;	91507

(5) In November 2003, one hundred per cent of the amount	91508
credited in November 2002; in November 2004, one hundred per cent	91509
of the amount credited in November 2003;	91510

(6) In December 2003, one hundred per cent of the amount	91511
credited in December 2002; in December 2004, one hundred per cent	91512
of the amount credited in December 2003;	91513

(7) In January 2004, one hundred per cent of the amount	91514
credited in January 2003; in January 2005, one hundred per cent of	91515
the amount credited in January 2004;	91516

(8) In February 2004, one hundred per cent of the amount	91517
credited in February 2003; in February 2005, one hundred per cent	91518
of the amount credited in February 2004;	91519

(9) In March 2004, one hundred per cent of the amount	91520
credited in March 2003; in March 2005, one hundred per cent of the	91521
amount credited in March 2004;	91522

(10) In April 2004, one hundred per cent of the amount	91523
credited in April 2003; in April 2005, one hundred per cent of the	91524
amount credited in April 2004;	91525

(11) In May 2004, one hundred per cent of the amount in	91526
division (C)(11)(a) of this section; in May 2005, one hundred per	91527
cent of the amount in division (C)(11)(b) of this section;	91528

(a) The amount credited in May 2003, less any amount reduced	91529
pursuant to division (D)(4) of Section 140 of Am. Sub. H.B. 94 of	91530
the 124th General Assembly, as amended by Am. Sub. H.B. 405 of the	91531
124th General Assembly and as amended by Am. Sub. H.B. 390 of the	91532
124th General Assembly;	91533

(b) The amount credited in May 2004.

91534

(12) In June 2004, one hundred per cent of the amount in	91535
division (C)(12)(a) of this section, less any reduction required	91536
under division (D)(1) of this section; in June 2005, one hundred	91537
per cent of the amount in division (C)(12)(b) of this section,	91538
less any reduction required under division (D)(2) of this section;	91539

(a) The amount credited in June 2003 before any reduction	91540
made pursuant to division (D)(4) of Section 140 of Am. Sub. H.B.	91541
94 of the 124th General Assembly, as amended by Am. Sub. H.B. 405	91542
of the 124th General Assembly and as amended by Am. Sub. H.B. 390	91543
of the 124th General Assembly;	91544

(b) The amount credited in June 2004.

91545

(D) The Tax Commissioner shall do each of the following:

91546

(1) By June 7, 2004, the commissioner shall subtract the	91547
amount calculated in division (D)(1)(b) of this section from the	91548
amount calculated in division (D)(1)(a) of this section. If the	91549
amount in division (D)(1)(a) of this section is greater than the	91550
amount in division (D)(1)(b) of this section, then such difference	91551
shall be subtracted from the total amount of income tax revenue	91552
credited to the Local Government Fund, the Local Government	91553
Revenue Assistance Fund, and the Library and Local Government	91554
Support Fund in June 2004. An amount shall be subtracted from	91555
income tax revenue credited to the Local Government Fund, the	91556
Local Government Revenue Assistance Fund, or the Library and Local	91557
Government Support Fund only if, and according to the proportion	91558
by which, such fund contributed to the result that the amount in	91559
division (D)(1)(a) of this section exceeds the amount in division	91560
(D)(1)(b) of this section.	91561

(a) The sum of all money credited to the Local Government	91562
Fund, the Local Government Revenue Assistance Fund, and the	91563
Library and Local Government Support Fund from July 2003 through	91564
May 2004;	91565

(b) The sum of all money that would have been credited to the	91566
Local Government Fund, the Local Government Revenue Assistance	91567
Fund, and the Library and Local Government Support Fund from July	91568
2003 through May 2004, if sections 5727.45, 5727.84, 5733.12,	91569
5739.21, 5741.03, and 5747.03 of the Revised Code were in effect	91570
during this period.	91571

(2) By June 7, 2005, the commissioner shall subtract the	91572
amount calculated in division (D)(2)(b) of this section from the	91573
amount calculated in division (D)(2)(a) of this section. If the	91574
amount in division (D)(2)(a) of this section is greater than the	91575
amount in division (D)(2)(b) of this section, then such difference	91576
shall be subtracted from the total amount of income tax revenue	91577
credited to the Local Government Fund, the Local Government	91578
Revenue Assistance Fund, and the Library and Local Government	91579
Support Fund in June 2005. An amount shall be subtracted from	91580
income tax revenue credited to the Local Government Fund, the	91581
Local Government Revenue Assistance Fund, or the Library and Local	91582
Government Support Fund only if, and according to the proportion	91583
by which, such fund contributed to the result that the amount in	91584
division (D)(2)(a) of this section exceeds the amount in division	91585
(D)(2)(b) of this section.	91586

(a) The sum of all money credited to the Local Government	91587
Fund, the Local Government Revenue Assistance Fund, and the	91588
Library and Local Government Support Fund from June 2004 through	91589
May 2005;	91590

(b) The sum of all money that would have been credited to the	91591
Local Government Fund, the Local Government Revenue Assistance	91592
Fund, and the Library and Local Government Support Fund from June	91593
2004 through May 2005, if sections 5727.45, 5727.84, 5733.12,	91594
5739.21, 5741.03, and 5747.03 of the Revised Code were in effect	91595
during this period.	91596

(3) On the advice of the Tax Commissioner, during any month	91597
other than June 2004 or June 2005 of the period July 1, 2003,	91598
through July 31, 2005, the Director of Budget and Management may	91599
reduce the amounts that are to be otherwise credited to the Local	91600
Government Fund, Local Government Revenue Assistance Fund, or	91601
Library and Local Government Support Fund in order to accomplish	91602
more effectively the purposes of the adjustments in divisions	91603
(D)(1) and (2) of this section. If the respective calculations	91604
made in June 2004 and June 2005 pursuant to divisions (D)(1) and	91605
(2) of this section indicate that excess reductions had been made	91606
during the previous months, such excess amounts shall be credited,	91607
as appropriate, to the Local Government Fund, Local Government	91608
Revenue Assistance Fund, and Library and Local Government Support	91609
Fund.	91610

(E) Notwithstanding any other provision of law to the	91611
contrary, the total amount credited to each fund in each month	91612
during the period July 2003 through June 2005 shall be distributed	91613
by the tenth day of the immediately succeeding month in the	91614
following manner:	91615

(1) Each county undivided local government fund shall receive	91616
a distribution from the Local Government Fund based on its	91617
proportionate share of the total amount received from the fund in	91618
such respective month for the period July 1, 2002, through June	91619
30, 2003.	91620

(2) Each municipality receiving a direct distribution from	91621
the Local Government Fund shall receive a distribution based on	91622
its proportionate share of the total amount received from the fund	91623
in such respective month for the period July 1, 2002, through June	91624
30, 2003.	91625

(3) Each county undivided local government revenue assistance	91626
fund shall receive a distribution from the Local Government	91627
Revenue Assistance Fund based on its proportionate share of the	91628
total amount received from the fund in such respective month for	91629
the period July 1, 2002, through June 30, 2003.	91630

(4) Each county undivided library and local government	91631
support fund shall receive a distribution from the Library and	91632
Local Government Support Fund based on its proportionate share of	91633
the total amount received from the fund in such respective month	91634
for the period July 1, 2002, through June 30, 2003.	91635

(F) For the 2003, 2004, and 2005 distribution years, the Tax	91636
Commissioner is not required to issue the certifications otherwise	91637
required by sections 5747.47, 5747.501, 5747.51, and 5747.61 of	91638
the Revised Code, but shall provide to each county auditor by the	91639
twentieth day of July 2003, July 2004, and July 2005 an estimate	91640
of the amounts to be received by the county in the ensuing year	91641
from the Local Government Fund, Local Government Revenue	91642
Assistance Fund, and Library and Local Government Support Fund	91643
pursuant to this section and any pertinent section of the Revised	91644
Code. The Tax Commissioner may choose to report to each county	91645
auditor a revised estimate of the 2003, 2004, or 2005	91646
distributions at any time during the period July 1, 2003, through	91647
July 31, 2005.	91648

(G) If provisions of H.B. 40 of the 125th General Assembly	91649
are enacted that authorize reductions in the amounts credited to	91650
the Local Government Fund, Local Government Revenue Assistance	91651
Fund, and Library and Local Government Support Fund during fiscal	91652
year 2003, the fiscal year 2003 amounts used in determining the	91653
amounts credited to such funds during fiscal year 2004 pursuant to	91654
division (C) of this section shall be before any such reductions.	91655

(H) During the period July 1, 2003, through July 31, 2005,	91656
the Director of Budget and Management shall issue those directives	91657
to state agencies that are necessary to ensure that the	91658
appropriate amounts are distributed to the Local Government Fund,	91659
to the Local Government Revenue Assistance Fund, and to the	91660
Library and Local Government Support Fund.	91661

Section 136. * CAPITAL APPROPRIATION TO SFC

91662

All items set forth in this section are hereby appropriated	91663
out of any moneys in the state treasury to the credit of the	91664
School Building Program Assistance Fund (Fund 032), created under	91665
section 3318.25 of the Revised Code, derived from the proceeds of	91666
obligations heretofore and herein authorized to pay the cost of	91667
facilities for a system of common schools throughout the state for	91668
the period beginning July 1, 2002, and ending June 30, 2004. The	91669
appropriation shall be in addition to any other appropriation for	91670
this purpose.	91671

Appropriations

SFC SCHOOL FACILITIES COMMISSION

91672

* SCHOOL BUILDING PROGRAM ASSISTANCE

91676

The foregoing appropriation item CAP-770, School Building	91677
Program Assistance, shall be used by the School Facilities	91678
Commission to provide funding to school districts that receive	91679
conditional approval from the Commission pursuant to Chapter 3318.	91680
of the Revised Code. Expenditures from appropriations contained in	91681
this section may be accounted for as though made for the fiscal	91682
year 2003-2004 biennium in H.B. 675 of the 124th General Assembly.	91683
The School Facilities Commission shall not disburse any of the	91684
appropriations made in this section until after April 1, 2004.	91685

* BOND ISSUANCE AUTHORITY

91686

The Ohio Public Facilities Commission is hereby authorized to	91687
issue and sell, in accordance with the provisions of Section 2n of	91688
Article VIII, Ohio Constitution, and Chapter 151. and particularly	91689
sections 151.01 and 151.03 of the Revised Code, original	91690
obligations in an aggregate principal amount not to exceed	91691
$123,000,000, in addition to the original issuance of obligations	91692
heretofore authorized by prior acts of the General Assembly. The	91693
authorized obligations shall be issued, subject to applicable	91694
constitutional and statutory limitations, to pay the costs to the	91695
state of previously authorized capital facilities and the capital	91696
facilities authorized in this section for the School Building	91697
Program Assistance Fund pursuant to Chapter 3318. of the Revised	91698
Code.	91699

Section 136A. (A) On the effective date of this section, the	91700
following programs administered by the Ohio School Facilities	91701
Commission are terminated:	91702

(1) The Short-Term Loan Program established by Section 10.01	91703
of Am. Sub. H.B. 282 of the 123rd General Assembly;	91704

(2) The Emergency School Repair Program codified in section	91705
3318.35 of the Revised Code.	91706

No new school district shall be served under any of these	91707
programs. The Commission may continue serving school districts	91708
that were receiving assistance under any of these programs before	91709
the effective date of this section in accordance with terms and	91710
agreements in effect on that date.	91711

(B) On March 31, 2004, the Disability Access Program	91712
established by Section 50.15 of Am. Sub. H.B. 215 of the 122nd	91713
General Assembly, Section 5 of Am. Sub. S.B. 102 of the 122nd	91714
General Assembly, as subsequently amended, Section 10 of Am. Sub.	91715
H.B. 282 of the 123rd General Assembly, as subsequently amended,	91716
Section 102.01 of Am. Sub. H.B. 94 of the 124th General Assembly,	91717
and Section 5 of Am. Sub. H.B. 524 of the 124th General Assembly	91718
is terminated.	91719

No new school district shall be served under this program.	91720
The Commission may continue serving school districts that were	91721
receiving assistance under this program before the effective date	91722
of this section in accordance with terms and agreements in effect	91723
on that date.	91724

On April 1, 2004, or as soon as possible thereafter, the	91725
Director of Budget and Management shall transfer the unencumbered	91726
and unallotted balance in appropriation item CAP-777, Disability	91727
Access Projects, to appropriation item CAP-662, Public School	91728
Buildings. The amount transferred from CAP-777, Disability Access	91729
Projects, shall be used to fund classroom facilities projects in	91730
accordance with Chapter 3318. of the Revised Code.	91731

Section 137C. OFFICE OF QUALITY SERVICES FUND TRANSFERS

91732

Notwithstanding any other provision of law to the contrary,	91733
the Director of Budget and Management shall transfer any remaining	91734
amounts of cash from the following specified obsolete fund to the	91735
General Revenue Fund within thirty days after the effective date	91736
of this section: Quality Services (General Services Fund 4C1). The	91737
amount of such transfer to the General Revenue Fund is hereby	91738
appropriated to General Revenue Fund appropriation item 042-409,	91739
Commission Closures.	91740

Section 137D. TRANSFER FROM BOARD OF TAX APPEALS

91741

Notwithstanding any other provision of law to the contrary,	91742
on July 31, 2003, or as soon thereafter as possible, the Director	91743
of Budget and Management shall transfer any remaining amounts of	91744
cash from the following specified obsolete fund to the General	91745
Revenue Fund: Reproduction of Decisions (General Services Fund	91746
439).	91747

Section 137E.  FEDERAL JOBS AND GROWTH TAX RELIEF	91748
RECONCILIATION ACT OF 2003	91749

(A)The Director of Budget and Management shall allocate as	91750
follows any Medicaid moneys received under of the provision of the	91751
federal Jobs and Growth Tax Relief Reconciliation Act of 2003 that	91752
increases the federal medical assistance percentage for the third	91753
and fourth calendar quarters of federal fiscal year 2003 and the	91754
first, second, and third calendar quarters of federal fiscal year	91755
2004:	91756

(1) First, to the Department of Job and Family Services to	91757
provide Medicaid coverage to parents up to 100 per cent of the	91758
federal poverty guideline in accordance with section 5111.019 of	91759
the Revised Code. Any funds allocated to the Department of Job and	91760
Family Services for this purpose pursuant to this section are	91761
hereby appropriated.	91762

(2) Then, any remainder shall be transferred to the Family	91763
Services Stabilization Fund created under section 131.41 of the	91764
Revised Code.	91765

(B)The Director of Budget and Management shall transfer to	91766
the Budget Stabilization Fund (Fund 013) any moneys received under	91767
the provision of the federal Jobs and Growth Tax Relief	91768
Reconciliation Act of 2003 that provides temporary state fiscal	91769
relief in federal fiscal years 2003 and 2004 to (1) provide	91770
essential government services and (2) cover the costs to states of	91771
complying with federal intergovernmental mandates.	91772

Section 137F.  (A) In September of 2003, each school district	91773
that has been declared to be under an academic watch or in a state	91774
of academic emergency pursuant to section 3302.03 of the Revised	91775
Code shall administer a half-length practice version of each Ohio	91776
Graduation Test prescribed by division (B) of section 3301.0710 of	91777
the Revised Code to all ninth grade students enrolled in the	91778
district. Each district shall determine the dates, times, and	91779
method of administering the tests to students and shall score the	91780
tests.	91781

(B) Each district declared to be in a state of academic	91782
emergency pursuant to section 3302.03 of the Revised Code shall	91783
determine for each high school in the district whether the school	91784
shall be required to provide intervention services in accordance	91785
with this division to any students who took the tests. In	91786
determining which high schools shall provide intervention services	91787
based upon available funding, the district shall consider each	91788
school's graduation rate and scores on the practice tests.	91789

Each high school selected to provide intervention services	91790
under this division shall provide intervention services to	91791
students whose practice test results indicate that they are	91792
failing to make satisfactory progress toward being able to attain	91793
scores at the proficient level on the Ohio Graduation Tests.	91794
Intervention services shall be provided in any skill in which a	91795
student demonstrates unsatisfactory progress and shall be	91796
commensurate with the student's test performance. Schools shall	91797
provide the intervention services prior to the end of the school	91798
year, during the summer following the ninth grade, in the next	91799
succeeding school year, or at any combination of those times.	91800

Section 138. (A) As used in this section, "nursing facility"	91801
means a facility, or a distinct part of a facility, that is	91802
certified as a nursing facility by the Director of Health for	91803
purposes of the Medicaid Program and is not an intermediate care	91804
facility for the mentally retarded. "Nursing facility" includes a	91805
facility, or a distinct part of a facility, that is certified as a	91806
skilled nursing facility by the Director of Health for purposes of	91807
the Medicare Program.	91808

(B) The Director of Health shall request from the Secretary	91809
of the United States Department of Health and Human Services	91810
approval to develop an alternative regulatory procedure for	91811
nursing facilities subject to federal regulation. If the Secretary	91812
gives approval, the Director shall convene the Nursing Facility	91813
Regulatory Reform Task Force.	91814

(C) The Director of Health shall serve as chair of the Task	91815
Force. The Director of Aging, the Director of Job and Family	91816
Services, the State Long-Term Care Ombudsman, or persons they	91817
designate and a member of the Governor's staff designated by the	91818
Governor shall serve on the Task Force. The Director of Health	91819
shall appoint the following individuals to serve on the Task	91820
Force:	91821

(1) Two representatives of the Ohio Health Care Association;

91822

(2) Two representatives of the Association of Ohio	91823
Philanthropic Homes and Housing for the Aging;	91824

(3) Two representatives of the Ohio Academy of Nursing Homes;

91825

(4) Two representatives of the American Association of	91826
Retired Persons (AARP);	91827

(5) Two representatives of Families for Improved Care;

91828

(6) A representative from the Ohio Association of Regional	91829
Long-Term Care Ombudsman Programs;	91830

(7) A representative of the 1199 League of Registered Nurses;

91831

(8) A representative of the American Federation of State,	91832
County, and Municipal Employees.	91833

(D) Except to the extent that service on the task force is	91834
part of their employment, Task Force members shall serve without	91835
compensation and shall not be reimbursed by the State for expenses	91836
incurred in carrying out their duties on the Task Force. The	91837
Scripps Gerontology Center at Miami University shall provide	91838
technical and support services for the Task Force.	91839

(E) The Task Force shall do all of the following:

91840

(1) Review the effectiveness of current regulatory procedures	91841
for nursing facilities regarding the quality of care and quality	91842
of life of nursing facility residents;	91843

(2) Develop recommendations for improved regulatory	91844
procedures for nursing facilities to improve the quality of care	91845
and quality of life of nursing facility residents;	91846

(3) Evaluate potential effects on nursing facility residents	91847
of elimination of components of the Certificate of Need program	91848
pertaining to long-term care facilities;	91849

(4) Develop possible demonstration projects to present the	91850
potential of proposed changes to the regulatory procedure to	91851
increase the quality of care and the quality of life of nursing	91852
facility residents.	91853

(F) The Task Force shall submit a report of its findings and	91854
recommendations to the Speaker and Minority Leader of the House of	91855
Representatives and to the President and Minority Leader of the	91856
Senate. The report shall explain any changes to the Revised Code	91857
required to implement the recommendations. On submission of the	91858
recommendations, the Task Force shall cease to exist.	91859

(G) At the request of the General Assembly by adoption of a	91860
joint resolution, the Director of Health shall apply to the	91861
Secretary of the United States Department of Health and Human	91862
Services for a waiver to implement the recommendations of the Task	91863
Force.	91864

Section 139.01. In amending sections 121.084, 4104.41,	91865
4104.44, 4104,45, and 4104.46 (4104.48), in enacting new section	91866
4104.46 and section 4104.47, and in repealing and re-enacting	91867
sections 4104.42 and 4104.43 of the Revised Code, it is the intent	91868
of the General Assembly that the provisions of this act are	91869
general laws created in the exercise of the state's police power,	91870
arising out of matters of statewide concern, and are designed for	91871
the health, safety, and welfare of contractors, their employees,	91872
and the public.	91873

Section 139.02. In amending sections 121.084, 4104.41,	91874
4104.44, 4104,45, and 4104.46 (4104.48), in enacting new section	91875
4104.46 and section 4104.47, and in repealing and re-enacting	91876
sections 4104.42 and 4104.43 of the Revised Code, it is the intent	91877
of the General Assembly that power, refrigerating, hydraulic,	91878
heating and liquefied petroleum gas, oxygen, and other gaseous	91879
piping systems will continue to be inspected as part of the	91880
building permit process, enforcement of plumbing and mechanical	91881
building codes, and occupancy certification. The purpose of this	91882
legislative action is solely to eliminate duplicative inspection	91883
personnel and fees.	91884

Section 145.01. * The Hemophilia Advisory Council established	91885
under section 3701.145 of the Revised Code, renumbered as section	91886
3701.0210 of the Revised Code by this act, is hereby abolished.	91887

Section 145.03. * Upon the taking effect of this section, the	91888
Hazardous Waste Facility Board is abolished.	91889

All of the rules adopted by the Hazardous Waste Facility	91890
Board are abolished on that date. The Director of the Legislative	91891
Service Commission shall remove the rules from the Administrative	91892
Code as if they had been rescinded.	91893

On and after the effective date of this section and until the	91894
Director of Environmental Protection adopts rules that eliminate	91895
references to the Hazardous Waste Facility Board, whenever the	91896
Hazardous Waste Facility Board or Board, when "Board" refers to	91897
the Hazardous Waste Facility Board, is referred to in a rule, the	91898
reference shall be deemed to refer to the Environmental Protection	91899
Agency or the Director of Environmental Protection, whichever is	91900
appropriate. As expeditiously as possible after the effective date	91901
of this section, the Director of Environmental Protection shall	91902
adopt rules eliminating references to the Hazardous Waste Facility	91903
Board.	91904

Permits or modifications issued by the Hazardous Waste	91905
Facility Board under section 3734.05 of the Revised Code as that	91906
section existed prior to its amendment by this act shall continue	91907
in effect as if the Director had issued the permits or	91908
modifications under section 3734.05 of the Revised Code after the	91909
effective date of its amendment by this act. Any application	91910
pending before the Hazardous Waste Facility Board on the effective	91911
date of this section shall be transferred to the Environmental	91912
Protection Agency for approval or disapproval by the Director. All	91913
records, files, and other documents of the Hazardous Waste	91914
Facility Board shall be transferred to the Environmental	91915
Protection Agency.	91916

Section 145.03A. (A) There is hereby created the Ohio Autism	91917
Task Force consisting of the following members:	91918

(1) All of the following persons to be appointed by the	91919
Governor:	91920

(a) A person diagnosed with autism;

91921

(b) Four persons who are parents of children diagnosed with	91922
autism;	91923

(c) A special education administrator of an Ohio school	91924
district;	91925

(d) A representative of the Ohio Association of County Boards	91926
of Mental Retardation and Developmental Disabilities;	91927

(e) A representative of the Ohio Developmental Disabilities	91928
Council;	91929

(f) A representative of the Autism Society of Ohio;

91930

(g) A developmental pediatrician who is a member of the Ohio	91931
Association of Pediatricians;	91932

(h) Two representatives from private schools in Ohio that	91933
provide special education services to children diagnosed with	91934
autism;	91935

(i) Two representatives from Ohio hospitals that provide	91936
services to children diagnosed with autism.	91937

(2) Two members of the House of Representatives, one from the	91938
majority party and one from the minority party, appointed by the	91939
Speaker of the House of Representatives;	91940

(3) Two members of the Senate, one from the majority party	91941
and one from the minority party, appointed by the President of the	91942
Senate;	91943

(4) The Director of Mental Retardation and Developmental	91944
Disabilities or the Director's designee;	91945

(5) The Director of Job and Family Services or the Director's	91946
designee;	91947

(6) The Superintendent of Public Instruction or the	91948
Superintendent's designee;	91949

(7) The Director of Health or the Director's designee.

91950

(B) All appointments and designations to the Task Force shall	91951
be made not later than thirty days after the effective date of	91952
this section. Any vacancy that occurs on the Task Force shall be	91953
filled in the same manner as the original appointment. The members	91954
of the Task Force shall serve without compensation.	91955

(C) The initial meeting of the Task Force shall be held not	91956
later than sixty days after the effective date of this section. At	91957
its initial meeting, the Task Force shall elect from its	91958
membership a chairperson and other officers it considers	91959
necessary. Thereafter, the Task Force shall meet on the call of	91960
the chairperson.	91961

(D) The Department of Mental Retardation and Developmental	91962
Disabilities shall provide meeting facilities and other support as	91963
necessary for the Task Force.	91964

(E) The Task Force shall study and make recommendations	91965
regarding both of the following:	91966

(1)The growing incidence of autism in Ohio;

91967

(2)Ways to improve the delivery in this state of autism	91968
services.	91969

(F) Not later than one year after the effective date of this	91970
section, the Task Force shall submit a written report of its	91971
recommendations to the Governor, the Speaker of the House of	91972
Representatives, and the President of the Senate.	91973

(G) On submission of its report, the Task Force shall cease	91974
to exist.	91975

Section 145.03I.  As used in this section, "qualified	91976
property" means real and tangible personal property that satisfies	91977
the qualifications for tax exemption under the terms of section	91978
3313.44, 5709.07, 5709.08, 5709.10, 5709.12, 5709.121, or 5709.14	91979
of the Revised Code.	91980

Notwithstanding section 5713.081 of the Revised Code, when	91981
qualified property has not received tax exemption due to a failure	91982
to comply with Chapter 5713. or section 5715.27 of the Revised	91983
Code, the owner of the property, at any time on or before	91984
twenty-four months after the effective date of this section, may	91985
file with the Tax Commissioner an application requesting that the	91986
property be placed on the tax exempt list and that all unpaid	91987
taxes, penalties, and interest on the property be abated.	91988

The application shall be made on the form prescribed by the	91989
Tax Commissioner under section 5715.27 of the Revised Code and	91990
shall list the name of the county in which the property is	91991
located; the property's legal description; its taxable value; the	91992
amount in dollars of the unpaid taxes, penalties, and interest;	91993
the date of acquisition of title to the property; the use of the	91994
property during any time that the unpaid taxes accrued; and any	91995
other information required by the Tax Commissioner. The county	91996
auditor shall supply the required information upon request of the	91997
applicant.	91998

Upon request of the applicant, the county treasurer shall	91999
determine if all taxes, penalties, and interest that became a lien	92000
on the qualified property before it first was used for an exempt	92001
purpose and all special assessments charged against the property	92002
have been paid in full. If so, the county treasurer shall issue a	92003
certificate to the applicant stating that all such taxes,	92004
penalties, interest, and assessments have been paid in full. Prior	92005
to filing the application with the Tax Commissioner, the applicant	92006
shall attach the county treasurer's certificate to it. The Tax	92007
Commissioner shall not consider an application filed under this	92008
section unless such a certificate is attached to it.	92009

Upon receipt of the application and after consideration of	92010
it, the Tax Commissioner shall determine if the applicant meets	92011
the qualifications set forth in this section, and if so shall	92012
issue an order directing that the property be placed on the tax	92013
exempt list of the county and that all unpaid taxes, penalties,	92014
and interest for every year the property met the qualifications	92015
for exemption described in section 3313.44, 5709.07, 5709.08,	92016
5709.10, 5709.12, 5709.121, or 5709.14 of the Revised Code be	92017
abated. If the Tax Commissioner finds that the property is not now	92018
being so used or is being used for a purpose that would foreclose	92019
its right to tax exemption, the Tax Commissioner shall issue an	92020
order denying the application.	92021

If the Tax Commissioner finds that the property is not	92022
entitled to tax exemption and to the abatement of unpaid taxes,	92023
penalties, and interest for any of the years for which the owner	92024
claims an exemption or abatement, the Tax Commissioner shall order	92025
the county treasurer of the county in which the property is	92026
located to collect all taxes, penalties, and interest due on the	92027
property for those years in accordance with law.	92028

The Tax Commissioner may apply this section to any qualified	92029
property that is the subject of an application for exemption	92030
pending before the Tax Commissioner on the effective date of this	92031
section, without requiring the property owner to file an	92032
additional application. The Tax Commissioner also may apply this	92033
section to any qualified property that is the subject of an	92034
application for exemption filed on or after the effective date of	92035
this section and on or before twelve months after that effective	92036
date, even though the application does not expressly request	92037
abatement of unpaid taxes.	92038

Section 145.03J. (A) The amendment, repeal and reenactment,	92039
or enactment by this act of sections 718.01, 718.02, 718.03,	92040
718.05, 718.051, and 718.121 of the Revised Code apply to taxable	92041
years beginning on or after January 1, 2004.	92042

(B) The amendment by this act of sections 718.11, 5717.011,	92043
and 5717.03 of the Revised Code apply to matters relating to	92044
taxable years beginning on or after January 1, 2004.	92045

(C) The credit allowed by section 718.021 of the Revised Code	92046
applies to qualifying losses sustained in taxable years beginning	92047
on or after January 1, 2004.	92048

Section 145.03K. Not later than thirty days after the	92049
effective date of this section, the Governor, with the advice and	92050
consent of the Senate, shall make initial appointments to the Ohio	92051
Business Gateway Steering Committee created in section 5703.56 of	92052
the Revised Code. Terms of office shall be as prescribed in	92053
section 5703.56 of the Revised Code.	92054

Section 145.03N. (A) The amendment by this act of sections	92055
165.09, 902.11, 4981.20, 5703.052, 5739.01, 5739.011, 5739.012,	92056
5739.02, 5739.025, 5739.03, 5739.032, 5739.033 (in Section 1 of	92057
this act), 5739.12, 5739.121, 5739.122, 5739.17, 5739.21, 5741.01,	92058
5741.02, and 5741.121 of the Revised Code apply on and after July	92059
1, 2003.	92060

(B) The amendment by this act of sections 5739.021, 5739.022,	92061
5739.023, and 5739.026 of the Revised Code apply on and after	92062
January 1, 2004.	92063

(C) The amendment by this act of sections 5739.10, 5741.021,	92064
5741.741.023 of the Revised Code apply on and after January 1,	92065
2006.	92066

(D) The repeal and re-enactment by this act of section	92067
5739.034 of the Revised Code applies on and after July 1, 2003.	92068

Section 145.03O. Sections 107.32 and 107.33 of the Revised	92069
Code shall apply to all state institutional facilities, as defined	92070
in section 107.32 of the Revised Code, that were in operation on	92071
or after January 1, 2003.	92072

Section 145.03R. The Legislative Office of Education	92073
Oversight shall conduct a review of partnership agreements between	92074
a Head Start provider and a provider of child care or day care	92075
services. In conducting this review, the Office shall analyze the	92076
following:	92077

(A) The impact on literacy-readiness for children receiving	92078
services as a result of such agreements;	92079

(B) The costs and benefits of such agreements to both	92080
participant children and the providers who are parties to the	92081
agreements. In analyzing the costs and benefits of such	92082
agreements, the Office shall examine the financial costs and	92083
benefits to providers who are parties to the agreements and to	92084
families of participant children. Additionally, the Office shall	92085
examine intangible costs and benefits to participant children,	92086
such as intellectual, emotional, and physical benefits or	92087
detriments caused by service under such agreements.	92088

(C) The operation of the agreements. In analyzing the	92089
operation of the agreements, the Office shall review how the	92090
agreements work, how well the agreements work, what components are	92091
included in the agreements, and whether the agreements are unique	92092
to the providers who are parties to the agreements or standardized	92093
across the state or within a local region.	92094

(D) Whether there is an administrative entity, such as a	92095
county department of job and family services, that oversees the	92096
implementation of a particular agreement. If there is such an	92097
entity that oversees an agreement, the Office shall examine the	92098
degree to which oversight is performed and what overhead costs the	92099
administrative entity incurs in overseeing such agreements.	92100

The Office shall submit the final results of this study to	92101
the General Assembly not later than December 31, 2004.	92102

Section 145.03T.  (A) Within one hundred twenty days after	92103
the effective date of this section, the Director of Agriculture,	92104
the Director of Rehabilitation and Correction, and the Director of	92105
Youth Services shall develop a plan to optimize the quantity and	92106
use of food grown and harvested in state correctional institutions	92107
or secure facilities operated by the Department of Youth Services	92108
in the most cost-effective manner. The plan shall include methods	92109
to increase production at farms operated by either department and	92110
shall include methods to ensure that the highest possible	92111
percentage of food consumed at state correctional institutions and	92112
secure facilities operated by the Department of Youth Services is	92113
food grown and harvested at a state correctional institution or	92114
secure facility operated by the Department of Youth Services.	92115

(B) The plan shall consider possible amendments to the	92116
Revised Code, amendments to the Administrative Code,	92117
administrative changes, financial strategies, strategies to obtain	92118
a reliable workforce, and any other means to optimize the quantity	92119
and use of food of that nature in state correctional institutions	92120
and secure facilities operated by the Department of Youth	92121
Services.	92122

The plan and its findings, conclusions, and any	92123
recommendations and proposed legislation shall be submitted to the	92124
Speaker of the House of Representatives, the President of the	92125
Senate, the Governor, the Director of Rehabilitation and	92126
Correction, and the Director of Youth Services.	92127

(C) As used in this section, "state correctional institution"	92128
has the same meaning as in section 2967.01 of the Revised Code.	92129

Section 145.03BB. The State Racing Commission shall conduct a	92130
performance study of the Commission based upon its current level	92131
of full-time employees. The Commission, not later than January 1,	92132
2004, shall make recommendations to the Governor and the General	92133
Assembly regarding possible staff reductions and ways to improve	92134
the efficiency of the Commission's operations.	92135

Section 145.03CC. For any metropolitan housing authority that	92136
is in existence when division (D) of section 3735.27 of the	92137
Revised Code, as amended by this act, takes effect, and to which	92138
that division applies, the board of county commissioners shall	92139
appoint a member to fill the next vacancy that occurs due to the	92140
expiration of the term of a member appointed by the chief	92141
executive officer of the most populous city in the metropolitan	92142
housing authority district. Thereafter, any vacancy in that	92143
position shall be filled by an appointee of the board of county	92144
commissioners and all other vacancies shall be filled in the	92145
manner provided for the original appointments.	92146

Section 145.03DD. The amendment by this act of section	92147
5747.02 of the Revised Code applies to taxable years ending on or	92148
after the effective date of this section.	92149

Section 145.03EE. (A) If a court finds that any provisions	92150
within sections 1346.04 to 1346.10 of the Revised Code conflict	92151
and cannot be harmonized with those within sections 1346.01 to	92152
1346.03 of the Revised Code, provisions of sections 1346.01 to	92153
1346.03 of the Revised Code shall control.	92154

(B) If any provision within sections 1346.04 to 1346.10 of	92155
the Revised Code causes sections 1346.01 to 1346.03 of the Revised	92156
Code to no longer constitute a qualifying or model statute, as	92157
those terms are defined in the Master Settlement Agreement entered	92158
into on November 23, 1998, by the state and leading United States	92159
tobacco product manufacturers, the provision in question shall be	92160
invalid. If any part of sections 1346.04 to 1346.10 of the Revised	92161
Code is for any reason held to be invalid, unlawful, or	92162
unconstitutional, the remaining portions of those sections shall	92163
remain valid.	92164

Section 145.03FF. The first report of stamping agents	92165
required by division (A) of section 1346.07 of the Revised Code	92166
shall be due on the last day of the month following the month in	92167
which this act becomes effective. The first certifications of a	92168
tobacco product manufacturer under division (A) of section 1346.05	92169
of the Revised Code shall be due forty-five days after the	92170
effective date of this act. The directory established in division	92171
(B) of section 1346.05 of the Revised Code shall be published	92172
within ninety days after the effective date of this act.	92173

Section 145.03GG. (A) For the purposes of section 321.24, as	92174
amended by this act, and of section 5703.80 of the Revised Code,	92175
as enacted by this act, the Tax Commissioner may determine the	92176
property tax administrative fee for fiscal year 2004 at any time	92177
after the day this act becomes law. One-half of the amount of the	92178
fee for that year may be deducted from each of the payments made	92179
in the fiscal year under division (F) of section 321.24 of the	92180
Revised Code, or the full amount of the fee for the year may be	92181
deducted from the second of those payments made in the fiscal	92182
year. The Director of Budget and Management may transfer the fee	92183
from the General Revenue Fund to the Property Tax Administration	92184
Fund created under section 5703.80 of the Revised Code, as enacted	92185
by this act, for fiscal year 2004 in three equal payments on	92186
November 1, 2003, February 1, 2004, and May 1, 2004.	92187

(B) Within thirty days after the Tax Commissioner determines	92188
the property tax administrative fee for fiscal year 2004 under	92189
division (A) of this section, the Tax Commissioner shall notify	92190
the Department of Education of the amount by which each school	92191
district's reimbursement made under division (F) of section 321.24	92192
of the Revised Code, as amended by this act, is to be reduced for	92193
the Property Tax Administration Fund.	92194

Section 145.03HH. (A) As used in this section, "housing	92195
officer" has the same meaning as in section 3735.65 of the Revised	92196
Code.	92197

(B) Any complaint filed with the tax commissioner on or after	92198
the effective date of this section challenging the continued	92199
exemption of property granted an exemption by a housing officer	92200
under section 3735.67 of the Revised Code shall be certified by	92201
the tax commissioner to the housing officer. The housing officer	92202
shall proceed to hear and determine such complaint in accordance	92203
with division (E) of section 3735.67 of the Revised Code. The	92204
commissioner may hear and determine any such complaint filed with	92205
the commissioner before the effective date of this section or may	92206
certify such complaint to the housing officer for hearing and	92207
determination.	92208

(C) The filing date of any complaint certified to a housing	92209
officer under this section shall be considered to be the date on	92210
which the complaint was filed with the tax commissioner.	92211

Section 145.03II. Notwithstanding the date by which	92212
determinations must be made under divisions (D), (G), and (H) of	92213
section 5727.84 of the Revised Code, the Tax Commissioner, as soon	92214
as is practicable after the effective date of that section as	92215
amended by this act, shall redetermine electric company tax value	92216
loss, fixed-rate levy loss, and fixed-sum levy loss for taxing	92217
districts described in division (D)(3) of that section on the	92218
basis of such amendments, and make the certification required by	92219
divisions (J) and (K) of that section. On or before July 31, 2003,	92220
or as soon as is practicable after the effective date of section	92221
5727.84 of the Revised Code as amended by this act, the Department	92222
of Education shall make the computations required under section	92223
5727.85 of the Revised Code on the basis of such redeterminations.	92224
Such redeterminations and computations apply for the purpose of	92225
computing payments made to taxing districts under sections 5727.85	92226
and 5727.86 of the Revised Code during state fiscal year 2004 and	92227
subsequent fiscal years, as otherwise provided in those sections.	92228

Section 145.03JJ. The amendment by this act of section	92229
5733.06 of the Revised Code applies to tax year 2004 and to each	92230
tax year thereafter.	92231

Section 145.03KK. (A)(1) There is hereby created the	92232
Legislative Audit Commission Study Committee, to be composed of	92233
four members. The committee shall study how other states provide	92234
for a legislative auditing function within their respective	92235
legislative branches of government and shall make recommendations	92236
on how Ohio should address the legislative auditing function and	92237
on the funding levels necessary to accomplish the objectives	92238
recommended. The President of the Senate shall appoint to the	92239
committee two members of the Senate, each of whom shall be a	92240
member of a different political party. The Speaker of the House of	92241
Representatives shall appoint to the committee two members of the	92242
House of Representatives, each of whom shall be a member of a	92243
different political party.	92244

(2) All vacancies in the membership of the committee shall be	92245
filled in the same manner prescribed for original appointments to	92246
the committee.	92247

(3) The members of the committee shall serve without	92248
compensation, but shall be reimbursed for their actual and	92249
necessary expenses incurred in the performance of their official	92250
duties.	92251

(B) The members of the Legislative Audit Commission Study	92252
Committee shall select a chairperson from among the appointed	92253
members.	92254

(C) The Legislative Service Commission shall provide	92255
necessary support to the Legislative Audit Commission Study	92256
Committee.	92257

(D) The Legislative Audit Commission Study Committee shall	92258
publish its findings and recommendations in a report to the	92259
Governor, the Speaker and the Minority Leader of the House of	92260
Representatives, and the President and Minority Leader of the	92261
Senate not later than December 31, 2003. Upon submission of the	92262
report, the committee shall cease to exist.	92263

Section 145.03LL. If the amendments made by this act to	92264
division (B)(2)(b) of section 1346.02 of the Revised Code are	92265
found unconstitutional or otherwise held invalid by a court of	92266
competent jurisdiction, then to the extent that a tobacco product	92267
manufacturer establishes that the amount it was required to place	92268
into escrow in a particular year was greater than the state's	92269
allocable share of the total payments that such manufacturer would	92270
have been required to make in that year under the Master	92271
Settlement Agreement (as determined pursuant to section IX(i)(2)	92272
of the Master Settlement Agreement, and before any of the	92273
adjustments or offsets described in section IX(i)(3) of that	92274
Agreement other than the inflation adjustment) had it been a	92275
participating manufacturer, the excess shall be released from	92276
escrow and revert back to such tobacco product manufacturer.	92277

The consequent of the preceding paragraph effectively	92278
reinstates division (B)(2)(b) of section 1346.02 of the Revised	92279
Code as it existed prior to its amendment by this act.	92280

Section 145.03MM.  The amendment by this act to division (H)	92281
of section 718.01 and to section 718.14 of the Revised Code apply	92282
to taxable years beginning on or after January 1, 2003.	92283

Section 145.03NN. There is hereby created the Aboveground	92284
Petroleum Storage Tank Study Committee. The Committee shall be	92285
comprised of the State Fire Marshal, and the Superintendent of	92286
Industrial Compliance, a member of the House of Representatives	92287
appointed by the Speaker of the House of Representatives, a member	92288
of the Senate appointed by the President of the Senate, and twelve	92289
members appointed by the Governor. The legislative members shall	92290
be from different political parties. The Speaker of the House of	92291
Representatives, the President of the Senate, and the Governor	92292
shall make these appointments within sixty days after the	92293
effective date of this section.	92294

Of the appointments made by the Governor, two shall be	92295
representatives of petroleum refiners, two shall be	92296
representatives of petroleum marketers, one shall represent	92297
municipal corporations, one shall represent counties, one shall	92298
represent townships, one shall represent agricultural interests,	92299
one shall represent the highway construction industry, one shall	92300
represent the trucking industry, one shall represent the Fire	92301
Service Alliance and one shall represent the public.	92302

The Committee shall determine and recommend whether	92303
aboveground petroleum storage tanks that are not regulated by the	92304
Superintendent of Industrial Compliance should be registered, and	92305
if they are to be registered, the annual fee for registration, and	92306
any other regulation needed to insure the safety of such tanks and	92307
the vicinities in which the tanks are located.	92308

The Committee shall make its recommendations to the Governor,	92309
the Speaker of the House of Representatives, and the President of	92310
the Senate not later than December 31, 2004.	92311

Section 145.03OO. The Governor shall appoint the new members	92312
added to the Board of Building and Fire Standards pursuant to	92313
section 3781.07 of the Revised Code as amended by this act and the	92314
new members added to the Board of Building Appeals pursuant to	92315
section 3781.19 of the Revised Code as amended by this act on or	92316
before ninety days after October 1, 2003. The initial term of the	92317
new members shall be until October 13, 2007, and terms thereafter	92318
shall be for four years.	92319

Section 145.03PP. The state fire code adopted by the State	92320
Fire Marshal as it exists on the effective date of this section	92321
remains effective until the State Board of Building and Fire	92322
Standards adopts changes to the state fire code pursuant to	92323
sections 3737.82 and 3737.83 of the Revised Code as amended by	92324
this act.	92325

Section 145.03QQ. The legislative authority of a county with	92326
a population of six hundred thousand or more may create local	92327
funding options for construction of a convention center and	92328
related facilities.	92329

Section 145.03RR. (A) Any person required to make accelerated	92330
tax payments under section 5739.032, 5739.122, or 5741.121 of the	92331
Revised Code that makes full payment of the taxes for the April	92332
2003 reporting period on or before May 23, 2003; makes full	92333
payment of the taxes for the May 2003 reporting period on or	92334
before June 23, 2003; and makes all three of the required	92335
accelerated tax payments for the June 2003 reporting period on or	92336
before June 25, 2003, shall not be subject to the additional	92337
charge imposed under division (D)(1) of section 5739.032, division	92338
(D)(1) of section 5739.122, or division (D)(1) of section 5741.121	92339
of the Revised Code for the reporting periods of April 2003 and	92340
May 2003.	92341

(B) Notwithstanding division (A) of this section, a person	92342
required to make accelerated tax payments under section 5739.032,	92343
5739.122, or 5741.121 of the Revised Code that has not been	92344
notified by the Department of Taxation of the requirement to make	92345
accelerated payments under one of those sections shall not be	92346
subject to the additional charge imposed under division (D)(1) of	92347
section 5739.032, division (D)(1) of section 5739.122, or division	92348
(D)(1) of section 5741.121 of the Revised Code for any reporting	92349
period prior to the receipt of the notice, or until the reporting	92350
period of September 2003, whichever is earlier.	92351

Section 146.01. Except as otherwise specifically provided in	92352
this act, the codified sections of law amended or enacted in this	92353
act, and the items of law of which the codified sections of law	92354
amended or enacted in this act are composed, are subject to the	92355
referendum. Therefore, under Ohio Constitution, Article II,	92356
Section 1c and section 1.471 of the Revised Code, the codified	92357
sections of law amended or enacted by this act, and the items of	92358
law of which the codified sections of law as amended or enacted by	92359
this act are composed, take effect on the ninety-first day after	92360
this act is filed with the Secretary of State. If, however, a	92361
referendum petition is filed against any such codified section of	92362
law as amended or enacted by this act, or against any item of law	92363
of which any such codified section of law as amended or enacted by	92364
this act is composed, the codified section of law as amended or	92365
enacted, or item of law, unless rejected at the referendum, takes	92366
effect at the earliest time permitted by law.	92367

Section 146.02. Except as otherwise specifically provided in	92368
this act, the repeal by this act of a codified section of law is	92369
subject to the referendum. Therefore, under Ohio Constitution,	92370
Article II, Section 1c and section 1.471 of the Revised Code, the	92371
repeal by this act of a codified section of law takes effect on	92372
the ninety-first day after this act is filed with the Secretary of	92373
State. If, however, a referendum petition is filed against any	92374
such repeal, the repeal, unless rejected at the referendum, takes	92375
effect at the earliest time permitted by law.	92376

Section 146.03. The repeal by this act of sections 122.12,	92377
1553.01, 1553.02, 1553.03, 1553.04, 1553.05, 1553.06, 1553.07,	92378
1553.08, 1553.09, 1553.10, 1553.99, 3318.35, 3701.142, 3701.144,	92379
4141.044, 5115.011, 5115.012, 5115.06, and 5115.061 of the Revised	92380
Code is not subject to the referendum. Therefore, under Ohio	92381
Constitution, Article II, Section 1d and section 1.471 of the	92382
Revised Code, the repeals go into immediate effect when this act	92383
becomes law.	92384

Section 146.05. (A) Sections 117.45, 121.04, 122.658, 124.03,	92385
124.15, 124.152, 124.181, 124.183, 126.11, 127.16, 131.23, 173.08,	92386
173.54, 323.01, 329.03, 329.04, 329.051, 340.021, 340.03, 901.21,	92387
901.63, 901.85, 1501.04, 2101.16, 2151.3529, 2151.3530, 2305.234	92388
(in Section 1), 2329.66, 2715.041, 2715.045, 2716.13, 2921.13,	92389
3111.04, 3119.01, 3123.952, 3311.05, 3311.059, 3313.381, 3313.976,	92390
3313.978, 3313.979, 3314.033, 3314.083, 3316.031, 3316.08,	92391
3317.012, 3317.013, 3317.014, 3317.022, 3317.023, 3317.024,	92392
3317.029, 3317.0217, 3317.03, 3317.032, 3317.05, 3317.064,	92393
3317.07, 3317.10, 3317.16, 3318.37, 3323.16, 3332.04 (in Section	92394
1), 3517.092, 3701.02, 3701.021, 3701.022, 3701.029, 3701.141,	92395
3701.145 (3701.0210), 3702.31, 3702.63, 3702.68, 3702.74, 3705.24,	92396
3709.09, 3711.021, 3721.02, 3721.19, 3721.51, 3721.56, 3721.561,	92397
3733.43, 3733.45, 3734.28, 3734.57, 3745.40, 3748.07, 3748.13,	92398
3769.087, 3773.43, 3781.19, 4104.01, 4104.02, 4104.04, 4104.06,	92399
4104.07, 4104.08, 4104.15, 4104.18, 4104.19, 4104.20, 4105.17,	92400
4112.15, 4117.14, 4123.27, 4141.09, 4501.06, 4723.06, 4723.08,	92401
4723.082, 4723.17, 4729.01, 4729.41, 4731.65, 4731.71, 4736.12,	92402
4747.05, 4747.06, 4747.07, 4747.10, 4755.03, 4755.031, 4771.22,	92403
4903.24, 4905.91, 4919.79, 5101.11, 5101.14, 5101.141, 5101.142,	92404
5101.144, 5101.145, 5101.146, 5101.1410, 5101.16, 5101.18,	92405
5101.181, 5101.36, 5101.58, 5101.59, 5101.75, 5101.80, 5103.155,	92406
5104.04, 5104.30, 5107.02, 5107.30, 5107.40, 5107.60, 5111.0113,	92407
5111.02, 5111.025, 5111.03, 5111.06, 5111.08 (5111.071), new	92408
5111.16, 5111.16 (5111.08), 5111.161, 5111.17, 5111.171, 5111.172,	92409
5111.174, 5111.175, 5111.20, 5111.206, 5111.21, 5111.22, 5111.222,	92410
5111.25, 5111.251, 5111.252 (5123.199), 5111.262, 5111.28,	92411
5111.29, 5111.30, 5111.31, 5111.65, 5111.66, 5111.661, 5111.67,	92412
5111.671, 5111.672, 5111.673, 5111.674, 5111.675, 5111.676,	92413
5111.677, 5111.68, 5111.681, 5111.682, 5111.683, 5111.684,	92414
5111.685, 5111.686, 5111.687, 5111.688, 5111.689, 5111.6810,	92415
5111.85, 5111.87, 5111.871, 5111.872, 5111.873, 5111.911,	92416
5111.912, 5111.913, 5112.03, 5112.08, 5112.17, 5115.01, 5115.02	92417
(5115.04), 5115.03, 5115.04 (5115.02), 5115.05, 5115.07 (5115.06),	92418
5115.10, 5115.11, 5115.12, new 5115.13, 5115.13 (5115.07),	92419
5115.14, 5115.15 (5115.23), 5115.20, 5115.22, 5119.61, 5123.01,	92420
5123.19, 5123.196, 5123.198, 5123.1910, 5123.38, 5126.01,	92421
5126.042, 5126.12, 5153.78, 5502.13, 5709.64, 5735.05, 5735.053,	92422
5735.23, 5735.26, 5735.291, 5735.30, and 6109.21 of the Revised	92423
Code as amended, enacted, or renumbered by this act, and the items	92424
of law of which such sections as amended or enacted by this act	92425
are composed, are not subject to the referendum. Therefore, under	92426
Ohio Constitution, Article II, Section 1d and section 1.471 of the	92427
Revised Code, such sections as amended, enacted, or renumbered by	92428
this act, and the items of law of which such sections as amended	92429
or enacted by this act are composed, go into immediate effect when	92430
this act becomes law.	92431

(B) Sections 3313.481, 3317.11, and 5111.173 of the Revised	92432
Code as repealed and reenacted by this act, and the items of law	92433
of which it is composed, is not subject to the referendum.	92434
Therefore, under Ohio Constitution, Article II, Section 1d and	92435
section 1.471 of the Revised Code, the section as repealed and	92436
reenacted by this act goes into immediate effect when this act	92437
becomes law.	92438

(C) The amendment of sections 2915.01, 2915.02, 2915.08,	92439
2915.09, 2915.091, 2915.092, 2915.093, 2915.10, 2915.101, and	92440
2915.13 of the Revised Code is not subject to the referendum under	92441
Ohio Constitution, Article II, Section 1d and section 1.471 of the	92442
Revised Code and goes into effect on July 1, 2003.	92443

(D) The amendments of sections 4503.101 and 4503.103 of the	92444
Revised Code are not subject to the referendum under Ohio	92445
Constitution, Article II, Section 1d and section 1.471 of the	92446
Revised Code and go into effect on June 30, 2003.	92447

Section 146.06. (A) The amendment, enactment, or repeal and	92448
reenactment by this act of sections 109.71, 122.17, 122.171,	92449
122.71, 321.24, 323.13, 715.013, 718.01, 718.02, 718.021, 718.03,	92450
718.05, 718.051, 718.11, 718.121, 718.14, 718.15, 718.151,	92451
2923.35, 2925.44, 2933.43, 2935.01, 3735.67, 3735.671, 4141.201,	92452
5703.56, 5703.57, 5703.58, 5703.80, 5709.20, 5709.201, 5709.21,	92453
5709.211, 5709.212, 5709.22, 5709.23, 5709.24, 5709.25, 5709.26,	92454
5709.27, 5711.02, 5711.13, 5711.18, 5711.22, 5711.27, 5711.33,	92455
5713.07, 5713.08, 5713.081, 5713.082, 5715.27, 5715.39, 5717.011,	92456
5717.03, 5727.111, 5727.30, 5727.84, 5728.04, 5728.06, 5728.99,	92457
5733.04, 5733.05, 5733.051, 5733.056, 5733.0511, 5733.059,	92458
5733.06, 5733.0611, 5733.09, 5733.45, 5733.55, 5733.56, 5733.57,	92459
5733.98, 5735.14, 5735.15, 5735.19, 5735.99, 5743.45 (in Section 1	92460
of this act), 5745.01, 5745.02, 5745.04, 5747.02, 5747.026,	92461
5747.31, and 6111.06 of the Revised Code provides for or is	92462
essential to implementation of a tax levy. Therefore, under Ohio	92463
Constitution, Article II, Section 1d, the amendments, enactments,	92464
or repeals and reenactments and the items of which they are	92465
composed, are not subject to the referendum and go into immediate	92466
effect when this act becomes law.	92467

(B) The amendment or enactment by this act of sections	92468
165.09, 902.11, 4981.20, 5703.052, 5739.01, 5739.011, 5739.012,	92469
5739.02, 5739.025, 5739.03, 5739.032, 5739.033 (in Section 1 of	92470
this act), 5739.12, 5739.121, 5739.122, 5739.17, 5739.21, 5739.33,	92471
5741.01, 5741.02, 5741.121, and 5741.25 of the Revised Code	92472
provides for or is essential to implementation of a tax levy.	92473
Therefore, under Ohio Constitution, Article II, Section 1d, the	92474
amendments, and the items of which they are composed, are not	92475
subject to the referendum and go into immediate effect when this	92476
act becomes law.	92477

(C) The amendment by this act of sections 5739.021, 5739.022,	92478
5739.023, and 5739.026 of the Revised Code provides for or is	92479
essential to implementation of a tax levy. Therefore, under Ohio	92480
Constitution, Article II, Section 1d, the amendments, and the	92481
items of which they are composed, are not subject to the	92482
referendum and go into effect January 1, 2004.	92483

(D) The amendment by this act of sections 5739.10, 5741.021,	92484
5741.022, and 5741.023 of the Revised Code provides for or is	92485
essential to implementation of a tax levy. Therefore, under Ohio	92486
Constitution, Article II, Section 1d, the amendments, and the	92487
items of which they are composed, are not subject to the	92488
referendum and, except as provided in this section, go into effect	92489
January 1, 2006.	92490

(E) The repeal and re-enactment by this act of section	92491
5739.034 of the Revised Code provides for or is essential to	92492
implementation of a tax levy. Therefore, under Ohio Constitution,	92493
Article II, Section 1d, the repeal and re-enactment, and the items	92494
of which they are composed, are not subject to the referendum and	92495
go into effect July 1, 2003.	92496

(F) The repeal by this act of sections 5735.33, 5739.35,	92497
5741.24, 5743.46, and 5747.60 of the Revised Code provides for or	92498
is essential to implementation of a tax levy. Therefore, under	92499
Ohio Constitution, Article II, Section 1d, the repeals, and the	92500
items of which they are composed, are not subject to the	92501
referendum and go into immediate effect when this act becomes law.	92502

(G) The amendment by this act of section 5735.142 of the	92503
Revised Code provides for or is essential to implementation of a	92504
tax levy. Therefore, under Ohio Constitution, Article II, Section	92505
1d the amendment is not subject to the referendum and goes into	92506
effect on June 30, 2003.	92507

Section 146.06A. The repeal by this act of sections 319.311,	92508
5733.111, 5741.011, and 5747.131 of the Revised Code provides for	92509
or is essential to implementation of a tax levy. Therefore, under	92510
Ohio Constitution, Article II, Section 1d, the repeals, and the	92511
items of which they are composed, are not subject to the	92512
referendum and go into immediate effect when this act becomes law.	92513

Section 146.06B. The repeal by this act of sections 5709.231,	92514
5709.30, 5709.31, 5709.32, 5709.33, 5709.34, 5709.35, 5709.36,	92515
5709.37, 5709.45, 5709.46, 5709.47, 5709.48, 5709.49, 5709.50,	92516
5709.51, 5709.52, 6111.31, 6111.311, 6111.32, 6111.34, 6111.35,	92517
6111.36, 6111.37, 6111.38, and 6111.39 of the Revised Code	92518
provides for or is essential to implementation of a tax levy.	92519
Therefore, under Ohio Constitution, Article II, Section 1d, the	92520
repeals, and the items of which they are composed, are not subject	92521
to the referendum and go into immediate effect when this act	92522
becomes law.	92523

Section 146.07. (A) The amendment by this act of sections	92524
4905.79, 4931.45, 4931.47, 4931.48, 5727.32, and 5727.33 of the	92525
Revised Code provides for or is essential to implementation of a	92526
tax levy. Therefore, under Ohio Constitution, Article II, Section	92527
1d, the amendments, and the items of which they are composed, are	92528
not subject to the referendum and go into effect December 31,	92529
2004.	92530

(B) The repeal by this act of sections 5727.39 and 5727.44 of	92531
the Revised Code provide for or is essential to implementation of	92532
a tax levy. Therefore, under Ohio Constitution, Article II,	92533
Section 1d, the repeals, and the items of which they are composed,	92534
are not subject to the referendum and go into effect December 31,	92535
2004.	92536

Section 146.07A. Section 3301.31 of the Revised Code, as	92537
repealed and reenacted by this act, and the items of law of which	92538
the section as repealed and reenacted by this act is composed, is	92539
not subject to the referendum. Therefore, under Ohio Constitution,	92540
Article II, Section 1d and section 1.471 of the Revised Code, the	92541
section as repealed and reenacted is entitled to go into immediate	92542
effect when this act becomes law. However, that section as	92543
repealed and reenacted by this act, and the items of law of which	92544
that section as repealed and reenacted by this act are composed,	92545
takes effect July 1, 2004, or the day this act becomes law,	92546
whichever is later.	92547

Section 146.07B. New section 3301.33 and sections 3301.34,	92548
3301.35, 3301.36, and 3301.38, as enacted by this act, and section	92549
3301.33 (3301.40) of the Revised Code as renumbered by this act,	92550
and the items of law of which those sections as enacted or	92551
renumbered by this act are composed, are not subject to the	92552
referendum. Therefore, under Ohio Constitution, Article II,	92553
Section 1d and section 1.471 of the Revised Code, the sections as	92554
enacted or renumbered are entitled to go into immediate effect	92555
when this act becomes law. However, those sections as enacted or	92556
renumbered by this act, and the items of law of which those	92557
sections as enacted or renumbered by this act are composed, take	92558
effect July 1, 2004, or the day this act becomes law, whichever is	92559
later.	92560

Section 146.07C. Sections 3301.37, 3301.52, 3301.53, 3301.54,	92561
3301.55, 3307.57, and 3301.58 of the Revised Code, as amended or	92562
enacted by this act, are not subject to the referendum. Therefore,	92563
under Ohio Constitution, Article II, Section 1d and section 1.471	92564
of the Revised Code the sections as amended or enacted by this	92565
act, and the items of law of which the sections as amended or	92566
enacted by this act are composed, are entitled to go into	92567
immediate effect when this act becomes law. However, the sections	92568
as amended or enacted by this act, and the items of law of which	92569
the sections as amended or enacted by this act are composed, take	92570
effect September 1, 2003, or the day this act becomes law,	92571
whichever is later.	92572

Section 146.07D. The repeal by this act of section 3301.581	92573
of the Revised Code is not subject to the referendum under Ohio	92574
Constitution, Article II, Section 1d and section 1.471 of the	92575
Revised Code and goes into effect September 1, 2003, or the day	92576
this act becomes law, whichever is later.	92577

Section 146.12. The version of section 3332.04 of the Revised	92578
Code that is scheduled to take effect July 1, 2003, as amended by	92579
this act, and the items of law of which that section as amended is	92580
composed, are not subject to the referendum. Therefore, under Ohio	92581
Constitution, Article II, Section 1d and section 1.471 of the	92582
Revised Code, the section as amended by this act, and the items of	92583
law of which that section as amended is composed, go into	92584
immediate effect on July 1, 2003.	92585

Section 146.12A. * (A) Except as otherwise provided in	92586
division (B) of this section, sections 121.08, 3701.82, 3737.01,	92587
3737.02, 3737.03, 3737.21, 3737.22, 3737.65, 3737.71, 3737.81,	92588
3737.82, 3737.83, 3737.84, 3737.85, 3737.86, 3737.88, 3737.881,	92589
3737.882, 3737.883, 3737.89, 3737.91, 3737.92, 3737.98, 3741.14,	92590
3743.57, 3743.75, 3746.02, 3781.07, and 3901.86 of the Revised	92591
Code as amended by this act, and sections 3741.15, 3781.071,	92592
3781.072, and 3781.22 of the Revised Code as enacted by this act,	92593
shall take effect October 1, 2003.	92594

(B) The amendment of section 121.08 of the Revised Code	92595
removing a reference to the state fire marshal takes effect at the	92596
earliest time permitted by law.	92597

Section 146.13.  (A) Except as otherwise provided in division	92598
(B) of this section, the amendments by this act to section 3745.11	92599
of the Revised Code are not subject to the referendum. Therefore,	92600
under Ohio Constitution, Article II, Section 1d and section 1.471	92601
of the Revised Code, the amendments, and the items of law they	92602
contain, go into immediate effect when this act becomes law.	92603

(B)(1) The amendments by this act of division (P) of section	92604
3745.11 of the Revised Code provides for or is essential to	92605
implementation of a tax levy. Therefore, under Ohio Constitution,	92606
Article II, Section 1d, the amendments, and the items of which	92607
they are composed, are not subject to the referendum and go into	92608
immediate effect when this act becomes law.	92609

(2) The seventh and last paragraph added to division (S)(1)	92610
of section 3745.11 of the Revised Code by this act is subject to	92611
the referendum. Therefore, under Ohio Constitution, Article II,	92612
Section 1c and section 1.471 of the Revised Code, the paragraph	92613
takes effect on the ninety-first day after this act is filed with	92614
the Secretary of State. If, however, a referendum petition is	92615
filed against the paragraph, or against any item of law it	92616
contains, the paragraph or item, unless rejected at the	92617
referendum, takes effect at the earliest time permitted by law.	92618

Section 146.14. The amendment by this act of the version of	92619
section 4511.75 of the Revised Code that is scheduled to take	92620
effect January 1, 2004, and the items of law of which that	92621
amendment is composed, are not subject to the referendum under	92622
Ohio Constitution, Article II, Section 1d and section 1.471 of the	92623
Revised Code and go into effect on July 1, 2004.	92624

Section 146.15.  (A) Except as otherwise provided in division	92625
(B) of this section, the amendments by this act to section 4743.05	92626
of the Revised Code are subject to the referendum. Therefore,	92627
under Ohio Constitution, Article II, Section 1c and section 1.471	92628
of the Revised Code, the amendments take effect on the	92629
ninety-first day after this act is filed with the Secretary of	92630
State. If, however, a referendum petition is filed against the	92631
amendments, or against any item of law they contain, the	92632
amendments or item, unless rejected at the referendum, takes	92633
effect at the earliest time permitted by law.	92634

(B) The amendment by this act adding a reference to "4771."	92635
to section 4743.05 of the Revised Code is not subject to the	92636
referendum. Therefore, under Ohio Constitution, Article II,	92637
Section 1d and section 1.471 of the Revised Code, the amendment	92638
goes into immediate effect when this act becomes law.	92639

Section 146.15A. (A) The amendments by this act to section	92640
5104.01 of the Revised Code are not subject to the referendum.	92641
Therefore, under Ohio Constitution, Article II, Section 1d and	92642
section 1.471 of the Revised Code, the amendments, and the items	92643
of law they contain, go into immediate effect when this act	92644
becomes law, except as provided in division (B) of this section.	92645

(B) The amendments by this act to division (T) of section	92646
5104.01 of the Revised Code shall take effect on July 1, 2004.	92647

Section 146.15B. Section 5104.02 of the Revised Code, as	92648
amended by this act, and the items of law of which the section as	92649
amended by this act is composed, are not subject to the	92650
referendum. Therefore, under Ohio Constitution, Article II,	92651
Section 1d and section 1.471 of the Revised Code the section as	92652
amended by this act, and the items of law of which the section as	92653
amended by this act is composed, are entitled to go into immediate	92654
effect when this act becomes law. However, the section as amended	92655
by this act, and the items of law of which the section as amended	92656
by this act are composed, take effect September 1, 2003, or the	92657
day this act becomes law, whichever is later.	92658

Section 146.15C. (A) The amendments by this act to section	92659
5104.32 of the Revised Code are not subject to the referendum.	92660
Therefore, under Ohio Constitution, Article II, Section 1d and	92661
section 1.471 of the Revised Code, the amendments, and the items	92662
of law they contain, go into immediate effect when this act	92663
becomes law, except as provided in division (B) of this section.	92664

(B) The amendments by this act to division (B)(4) of section	92665
5104.32 of the Revised Code shall take effect on September 1,	92666
2003.	92667

Section 146.16.  (A) Except as otherwise provided in division	92668
(B) of this section, the amendments by this act to section	92669
5111.022 of the Revised Code are not subject to the referendum.	92670
Therefore, under Ohio Constitution, Article II, Section 1d and	92671
section 1.471 of the Revised Code, the amendments, and the items	92672
of law they contain, go into immediate effect when this act	92673
becomes law.	92674

(B) The amendments by this act adding divisions (B)(4), (E),	92675
and (F) to section 5111.022 of the Revised Code are subject to the	92676
referendum. Therefore, under Ohio Constitution, Article II,	92677
Section 1c and section 1.471 of the Revised Code, the amendments	92678
take effect on the ninety-first day after this act is filed with	92679
the Secretary of State. If, however, a referendum petition is	92680
filed against the amendments, or against any item of law they	92681
contain, the amendments or item, unless rejected at the	92682
referendum, takes effect at the earliest time permitted by law.	92683

Section 146.17.  Section 5112.31 of the Revised Code, as	92684
amended by this act, and the items of law of which that section as	92685
amended is composed, are not subject to the referendum. Therefore,	92686
under Ohio Constitution, Article II, Section 1d and section 1.471	92687
of the Revised Code, that section as amended by this act, and the	92688
items of law of which that section as amended is composed, are	92689
entitled to go into immediate effect when this act becomes law.	92690
However, that section as amended by this act, and the items of law	92691
which that section as amended by this act are composed, take	92692
effect on July 1, 2003, or the day this act becomes law, whichever	92693
is later.	92694

Section 146.17A. * Section 9.24 of the Revised Code, as	92695
enacted by this act, shall take effect January 1, 2004.	92696

Section  146.20. * Section 102.02 of the Revised Code, as	92697
amended by this act, shall take effect January 1, 2004.	92698

Section 146.21. * Section 4759.08 of the Revised Code, as	92699
amended by this act, shall take effect July 1, 2004.	92700

Section 146.22. * Sections 5103.031, 5103.033, 5103.034,	92701
5103.036, 5103.037, 5103.038, 5103.0312, 5103.0313, 5103.0314,	92702
5103.0315, 5103.0316, 5153.60, 5153.69, and 5153.72 of the Revised	92703
Code, as amended by this act, shall take effect on January 1,	92704
2004.	92705

Section 146.23. * Sections 5103.154 and 5153.163 of the	92706
Revised Code as amended by this act take effect July 1, 2004.	92707

Section 146.25. Except as otherwise specifically provided in	92708
this act, the uncodified sections of law amended or enacted in	92709
this act, and the items of law of which the uncodified sections of	92710
law amended or enacted in this act are composed, are not subject	92711
to the referendum. Therefore, under Ohio Constitution, Article II,	92712
Section 1d and section 1.471 of the Revised Code, the uncodified	92713
sections of law amended or enacted in this act, and the items of	92714
law of which the uncodified sections of law amended or enacted in	92715
this act are composed, go into immediate effect when this act	92716
becomes law.	92717

Section 146.26. Uncodified sections of law amended or enacted	92718
in this act, and items of law contained within the uncodified	92719
sections of law amended or enacted in this act, that are marked	92720
with an asterisk are subject to the referendum. Therefore, under	92721
Ohio Constitution, Article II, Section 1c and section 1.471 of the	92722
Revised Code, the uncodified sections and items of law marked with	92723
an asterisk take effect on the ninety-first day after this act is	92724
filed with the Secretary of State. If, however, a referendum	92725
petition is filed against an uncodified section or item of law	92726
marked with an asterisk, the uncodified section or item of law	92727
marked with an asterisk, unless rejected at the referendum, takes	92728
effect at the earliest time permitted by law.	92729

If the amending and existing repeal clauses commanding the	92730
amendment of an uncodified section of law are both marked with	92731
asterisks, the uncodified section as amended is deemed also to	92732
have been marked with an asterisk.	92733

An asterisk marking an uncodified section or item of law has	92734
the form *.	92735

This section defines the meaning and form of, but is not	92736
itself to be considered marked with, an asterisk.	92737

Section 146.28. The repeal by this act of the following	92738
uncodified sections of law is not subject to the referendum and	92739
therefore, under Ohio Constitution, Article II, Section 1d and	92740
section 1.471 of the Revised Code, goes into immediate effect when	92741
this act becomes law:	92742

(A) Section 11 of Am. Sub. S.B. 50 of the 121st General	92743
Assembly;	92744

(B) Section 72 of Am. Sub. H.B. 850 of the 122nd General	92745
Assembly;	92746

(C) Section 129 of Am. Sub. H.B. 283 of the 123rd General	92747
Assembly;	92748

(D) Section 63.37 of Am. Sub. H.B. 94 of the 124th General	92749
Assembly;	92750

(E) Section 16 of Am. Sub. H.B. 87 of the 125th General	92751
Assembly.	92752

Section 146.29. If the amendment or enactment in this act of	92753
a codified or uncodified section of law is subject to the	92754
referendum, the corresponding indications in the amending,	92755
enacting, or existing repeal clauses commanding the amendment or	92756
enactment also are subject to the referendum, along with the	92757
amendment or enactment. If the amendment or enactment by this act	92758
of a codified or uncodified section of law is not subject to the	92759
referendum, the corresponding indications in the amending,	92760
enacting, or existing repeal clauses commanding the amendment or	92761
enactment also are not subject to the referendum, the same as the	92762
amendment or enactment.	92763

Section 147.01. * The amendment of section 122.25 of the	92764
Revised Code by this act is not intended to supersede the earlier	92765
repeal, with delayed effective date, of that section.	92766

Section 147.02. * Section 921.151 was amended and renumbered	92767
as section 921.22 of the Revised Code by Am. Sub. S.B. 217 of the	92768
124th General Assembly, passed November 21, 2002, and effective	92769
July 1, 2004. The amendment of section 921.151 of the Revised Code	92770
in Section 1 of this act does not supersede that earlier amendment	92771
and renumbering. This act therefore amends both sections to ensure	92772
that its amendments continue on and after July 1, 2004.	92773

Section 147.03.  The amendment by this act of sections	92774
5112.03 and 5112.08 of the Revised Code is not intended to	92775
supersede the earlier repeal, with delayed effective date, of	92776
those sections.	92777

Section 147.04. The amendment by this act of section 5112.99	92778
of the Revised Code is not intended to supersede the earlier	92779
repeal, with delayed effective date, of that section.	92780

Section 148.01. * Section 109.572 of the Revised Code is	92781
presented in this act as a composite of the section as amended by	92782
both Sub. H.B. 448 and Sub. H.B. 538 of the 123rd General	92783
Assembly. The General Assembly, applying the principle stated in	92784
division (B) of section 1.52 of the Revised Code that amendments	92785
are to be harmonized if reasonably capable of simultaneous	92786
operation, finds that the composite is the resulting version of	92787
the section in effect prior to the effective date of the section	92788
as presented in this act.	92789

Section 148.01A.  Section 109.71 of the Revised Code is	92790
presented in this act as a composite of the section as amended by	92791
both Sub. H.B. 545 and H.B. 675 of the 124th General Assembly. The	92792
General Assembly, applying the principle stated in division (B) of	92793
section 1.52 of the Revised Code that amendments are to be	92794
harmonized if reasonably capable of simultaneous operation, finds	92795
that the composite is the resulting version of the section in	92796
effect prior to the effective date of the section as presented in	92797
this act.	92798

Section 148.02. Section 121.04 of the Revised Code is	92799
presented in this act as a composite of the section as amended by	92800
both Sub. H.B. 601 and Am. Sub. H.B. 640 of the 123rd General	92801
Assembly. The General Assembly, applying the principle stated in	92802
division (B) of section 1.52 of the Revised Code that amendments	92803
are to be harmonized if reasonably capable of simultaneous	92804
operation, finds that the composite is the resulting version of	92805
the section in effect prior to the effective date of the section	92806
as presented in this act.	92807

Section 148.02A.  Section 122.171 of the Revised Code is	92808
presented in this act as a composite of the section as amended by	92809
both H.B. 675 and Am. Sub. S.B. 180 of the 124th General Assembly.	92810
The General Assembly, applying the principle stated in division	92811
(B) of section 1.52 of the Revised Code that amendments are to be	92812
harmonized if reasonably capable of simultaneous operation, finds	92813
that the composite is the resulting version of the section in	92814
effect prior to the effective date of the section as presented in	92815
this act.	92816

Section 148.02B.  Section 124.15 of the Revised Code is	92817
presented in this act as a composite of the section as amended by	92818
both Am. Sub. H.B. 640 and Sub. S.B. 245 of the 123rd General	92819
Assembly. The General Assembly, applying the principle stated in	92820
division (B) of section 1.52 of the Revised Code that amendments	92821
are to be harmonized if reasonably capable of simultaneous	92822
operation, finds that the composite is the resulting version of	92823
the section in effect prior to the effective date of the section	92824
as presented in this act.	92825

Section 148.02C.  The version of section 2152.19 of the	92826
Revised Code that is scheduled to take effect January 1, 2004, is	92827
presented in this act as a composite of the section as amended by	92828
both Am. Sub. H.B. 400 and Am. Sub. H.B. 490 of the 124th General	92829
Assembly. The General Assembly, applying the principle stated in	92830
division (B) of section 1.52 of the Revised Code that amendments	92831
are to be harmonized if reasonably capable of simultaneous	92832
operation, finds that the composite is the resulting version of	92833
the section in effect prior to the effective date of the section	92834
as presented in this act.	92835

Section 148.03. * The version of section 2305.234 of the	92836
Revised Code that is scheduled to take effect January 1, 2004, is	92837
presented in this act as a composite of the section as amended by	92838
both Am. Sub. H.B. 490 and Am. Sub. S.B. 281 of the 124th General	92839
Assembly. The General Assembly, applying the principle stated in	92840
division (B) of section 1.52 of the Revised Code that amendments	92841
are to be harmonized if reasonably capable of simultaneous	92842
operation, finds that the composite is the resulting version of	92843
the section in effect prior to the effective date of the section	92844
as presented in this act.	92845

Section 148.04.  Section 2743.02 of the Revised Code is	92846
presented in this act as a composite of the section as amended by	92847
both Am. Sub. S.B. 115 and Am. Sub. S.B. 281 of the 124th General	92848
Assembly. The General Assembly, applying the principle stated in	92849
division (B) of section 1.52 of the Revised Code that amendments	92850
are to be harmonized if reasonably capable of simultaneous	92851
operation, finds that the composite is the resulting version of	92852
the section in effect prior to the effective date of the section	92853
as presented in this act.	92854

Section 148.04A.  Section 2917.41 of the Revised Code is	92855
presented in this act as a composite of the section as amended by	92856
both Am. H.B. 61 and Am. Sub. S.B. 2 of the 121st General	92857
Assembly. The General Assembly, applying the principle stated in	92858
division (B) of section 1.52 of the Revised Code that amendments	92859
are to be harmonized if reasonably capable of simultaneous	92860
operation, finds that the composite is the resulting version of	92861
the section in effect prior to the effective date of the section	92862
as presented in this act.	92863

Section 148.04B.  Section 2935.01 of the Revised Code is	92864
presented in this act as a composite of the section as amended by	92865
both Sub. H.B. 545 and H.B. 675 of the 124th General Assembly. The	92866
General Assembly, applying the principle stated in division (B) of	92867
section 1.52 of the Revised Code that amendments are to be	92868
harmonized if reasonably capable of simultaneous operation, finds	92869
that the composite is the resulting version of the section in	92870
effect prior to the effective date of the section as presented in	92871
this act.	92872

Section 148.06.  Section 3317.012 of the Revised Code is	92873
presented in this act as a composite of the section as amended by	92874
both Am. Sub. H.B. 94 and Am. Sub. S.B. 1 of the 124th General	92875
Assembly. The General Assembly, applying the principle stated in	92876
division (B) of section 1.52 of the Revised Code that amendments	92877
are to be harmonized if reasonably capable of simultaneous	92878
operation, finds that the composite is the resulting version of	92879
the section in effect prior to the effective date of the section	92880
as presented in this act.	92881

Section 148.07.  Section 3319.07 of the Revised Code is	92882
presented in this act as a composite of the section as amended by	92883
both Am. Sub. H.B. 117 and Am. Sub. H.B. 223 of the 121st General	92884
Assembly. The General Assembly, applying the principle stated in	92885
division (B) of section 1.52 of the Revised Code that amendments	92886
are to be harmonized if reasonably capable of simultaneous	92887
operation, finds that the composite is the resulting version of	92888
the section in effect prior to the effective date of the section	92889
as presented in this act.	92890

Section 148.08.  Section 3319.36 of the Revised Code is	92891
presented in this act as a composite of the section as amended by	92892
both Sub. H.B. 81 and Am. Sub. S.B. 230 of the 121st General	92893
Assembly. The General Assembly, applying the principle stated in	92894
division (B) of section 1.52 of the Revised Code that amendments	92895
are to be harmonized if reasonably capable of simultaneous	92896
operation, finds that the composite is the resulting version of	92897
the section in effect prior to the effective date of the section	92898
as presented in this act.	92899

Section 148.08A.  Section 4303.181 of the Revised Code is	92900
presented in this act as a composite of the section as amended by	92901
both Sub. H.B. 330 and Sub. H.B. 371 of the 124th General	92902
Assembly. The General Assembly, applying the principle stated in	92903
division (B) of section 1.52 of the Revised Code that amendments	92904
are to be harmonized if reasonably capable of simultaneous	92905
operation, finds that the composite is the resulting version of	92906
the section in effect prior to the effective date of the section	92907
as presented in this act.	92908

Section 148.08B.  Section 4723.07 of the Revised Code is	92909
presented in this act as a composite of the section as amended by	92910
both Sub. H.B. 511 and Am. Sub. S.B. 180 of the 123rd General	92911
Assembly. The General Assembly, applying the principle stated in	92912
division (B) of section 1.52 of the Revised Code that amendments	92913
are to be harmonized if reasonably capable of simultaneous	92914
operation, finds that the composite is the resulting version of	92915
the section in effect prior to the effective date of the section	92916
as presented in this act.	92917

Section 148.11. * Section 4973.17 of the Revised Code is	92918
presented in this act as a composite of the section as amended by	92919
both Am. Sub. H.B. 566 and Sub. H.B. 670 of the 121st General	92920
Assembly. The General Assembly, applying the principle stated in	92921
division (B) of section 1.52 of the Revised Code that amendments	92922
are to be harmonized if reasonably capable of simultaneous	92923
operation, finds that the composite is the resulting version of	92924
the section in effect prior to the effective date of the section	92925
as presented in this act.	92926

Section 148.12.  Section 5111.20 of the Revised Code is	92927
presented in this act as a composite of the section as amended by	92928
both Sub. H.B. 403 and Sub. H.B. 448 of the 123rd General	92929
Assembly. The General Assembly, applying the principle stated in	92930
division (B) of section 1.52 of the Revised Code that amendments	92931
are to be harmonized if reasonably capable of simultaneous	92932
operation, finds that the composite is the resulting version of	92933
the section in effect prior to the effective date of the section	92934
as presented in this act.	92935

Section 148.13. Section 5115.01 of the Revised Code is	92936
presented in this act as a composite of the section as amended by	92937
both Am. Sub. H.B. 283 and H.B. 471 of the 123rd General Assembly.	92938
The General Assembly, applying the principle stated in division	92939
(B) of section 1.52 of the Revised Code that amendments are to be	92940
harmonized if reasonably capable of simultaneous operation, finds	92941
that the composite is the resulting version of the section in	92942
effect prior to the effective date of the section as presented in	92943
this act.	92944

Section 148.14. * Section 5709.62 of the Revised Code is	92945
presented in this act as a composite of the section as amended by	92946
both Am. Sub. H.B. 283 and Sub. H.B. 27 of the 123rd General	92947
Assembly. The General Assembly, applying the principle stated in	92948
division (B) of section 1.52 of the Revised Code that amendments	92949
are to be harmonized if reasonably capable of simultaneous	92950
operation, finds that the composite is the resulting version of	92951
the section in effect prior to the effective date of the section	92952
as presented in this act.	92953

Section 148.15. * Section 5709.63 of the Revised Code is	92954
presented in this act as a composite of the section as amended by	92955
both Am. Sub. H.B. 283 and Sub. H.B. 27 of the 123rd General	92956
Assembly. The General Assembly, applying the principle stated in	92957
division (B) of section 1.52 of the Revised Code that amendments	92958
are to be harmonized if reasonably capable of simultaneous	92959
operation, finds that the composite is the resulting version of	92960
the section in effect prior to the effective date of the section	92961
as presented in this act.	92962

Section 148.16.  Section 5733.04 of the Revised Code is	92963
presented in this act as a composite of the section as amended by	92964
both Sub. S.B. 200 and Am. Sub. S.B. 261 of the 124th General	92965
Assembly. The General Assembly, applying the principle stated in	92966
division (B) of section 1.52 of the Revised Code that amendments	92967
are to be harmonized if reasonably capable of simultaneous	92968
operation, finds that the composite is the resulting version of	92969
the section in effect prior to the effective date of the section	92970
as presented in this act.	92971

Section 148.17.  Section 5735.05 of the Revised Code is	92972
presented in this act as a composite of the section as amended by	92973
both H.B. 612 and Am. Sub. H.B. 640 of the 123rd General Assembly.	92974
The General Assembly, applying the principle stated in division	92975
(B) of section 1.52 of the Revised Code that amendments are to be	92976
harmonized if reasonably capable of simultaneous operation, finds	92977
that the composite is the resulting version of the section in	92978
effect prior to the effective date of the section as presented in	92979
this act.	92980

Section 148.18.  Section 5735.23 of the Revised Code is	92981
presented in this act as a composite of the section as amended by	92982
both H.B. 612 and Am. Sub. H.B. 640 of the 123rd General Assembly.	92983
The General Assembly, applying the principle stated in division	92984
(B) of section 1.52 of the Revised Code that amendments are to be	92985
harmonized if reasonably capable of simultaneous operation, finds	92986
that the composite is the resulting version of the section in	92987
effect prior to the effective date of the section as presented in	92988
this act.	92989

Section 148.19. Section 5739.01 of the Revised Code was	92990
amended by Am. Sub. H.B. 524, Am. Sub. S.B. 143, and Sub. S.B.	92991
200, all of the 124th General Assembly. Comparison of these	92992
amendments in pursuance of section 1.52 of the Revised Code	92993
discloses that while certain of the amendments of these acts are	92994
reconcilable, certain other of the amendments are substantively	92995
irreconcilable. Am. Sub. H.B. 524 was passed on March 21, 2002;	92996
Am. Sub. S.B. 143 was passed on January 30, 2002; Sub. S.B. 200	92997
was passed on March 13, 2002. Section 5739.01 of the Revised Code	92998
is therefore presented in this act as it results from Am. Sub.	92999
H.B. 524 and Sub. S.B. 200 and such of the amendments of Am. Sub.	93000
S.B. 143 as are not in conflict with the amendments of Sub. S.B.	93001
200. The General Assembly, applying the principle stated in	93002
division (B) of section 1.52 of the Revised Code that amendments	93003
are to be harmonized if reasonably capable of simultaneous	93004
operation, finds that the composite is the resulting version of	93005
the section in effect prior to the effective date of the section	93006
as presented in this act.	93007

Section 148.19A.  Section 5741.01 of the Revised Code is	93008
presented in this act as a composite of the section as amended by	93009
Am. Sub. H.B. 524, Am. Sub. S.B. 143, and Sub. S.B. 200, all of	93010
the 124th General Assembly. The General Assembly, applying the	93011
principle stated in division (B) of section 1.52 of the Revised	93012
Code that amendments are to be harmonized if reasonably capable of	93013
simultaneous operation, finds that the composite is the resulting	93014
version of the section in effect prior to the effective date of	93015
the section as presented in this act.	93016

Section 148.19B.  Section 5743.45 of the Revised Code is	93017
presented Section 1 of in this act as a composite of the section	93018
as amended by both Am. Sub. H.B. 566 and Sub. H.B. 670 of the	93019
121st General Assembly. The General Assembly, applying the	93020
principle stated in division (B) of section 1.52 of the Revised	93021
Code that amendments are to be harmonized if reasonably capable of	93022
simultaneous operation, finds that the composite is the resulting	93023
version of the section in effect prior to the effective date of	93024
the section as presented in this act.	93025

Section 149. If any item of law that constitutes the whole or	93026
part of a codified or uncodified section of law contained in this	93027
act, or if any application of any item of law that constitutes the	93028
whole or part of a codified or uncodified section of law contained	93029
in this act, is held invalid, the invalidity does not affect other	93030
items of law or applications of items of law that can be given	93031
effect without the invalid item of law or application. To this	93032
end, the items of law of which the codified and uncodified	93033
sections contained in this act are composed, and their	93034
applications, are independent and severable.	93035